The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-06

. | scope for the contentious of the wv
, great political parties.
! The Federal Constitution, under tn
auspices of Washington and other noble
minded patriots of the Revolution, wa
received at first most favorably in Vir
ginia. but soon encountered a severe bu
honorable opposition. Men of the high
est intellectual powers opposed it. Tht
crisis approached. The perpetuity of tn,
Union depended in no small degree on tn;
adoption of that instrument, as sanction
ed by Washington. Marshall was ap
pointed n delegate to the Convention o.
| Virginia, which met in June, 17SS, TO con
slider the new Constitution. Here begins
that course of public service which en-
dears him to the nation and every lover
of political freedom and philosophy. In
conjunction it'll Madison, he secured its
adoption, and thus gave to it the weight
of Virginian authority, although earnest
ly opposed by Henry, Mason, and Gray
son.
During the protracted debate Marshall
gave undoubted evidence of the true char
acter of his mind; and on the question o:
the power of taxation, power over the MI
litia. and the power OF the judiciary, dis
played the fine analytical features of his
mind, and that clear insight into the great
principles of political philosophy. on which
| in their application to constitutional law
he afterward reared the noble superstruc-
| ture of his fame. The discussion lasted or
! rather ragged for twenty-five days, during
which time nine States adopted the Con-
| stitution. The debates of the convention
| are in print. but not the fiery energy with
which the Constitution was repeatedly as
| sailed, and the keen force of thought by
| which every assault was repealed and the
| Constitution indicated. 1t was adopted
! by majority OF ten votes.
| After the adoption of the Constitution.
Mr.. Marshall was DESTROYS to abandon the
j arena of politics and devote himself entire
| ly to the law-the choice of his heart. He
was, however elected to the Legislature
| for the city of Richmond in 1888, and con-
| tinued to represent that city till the close
I of the session of 1871, when he again re-
| tired to his profession from which he was
| soon called by the interest which the
| French revolution awakened throughout
the country Mr.. Marshall was a decided
friend of France, and espoused the new
movement in that country with a zeal that
| reused against him the wrath of the press.
His defence was sincere and noble There
was no decline in his popularity. He was
again elected to the Legislature for Rich
mand, although he was not candidate.
The time was now at hand when he was
to assume something of his true position
before the country. The treaty which
Mr.. Jay had negotiated with Great Brit
ain in 1894, became the subject OF extend
ed discussion, and it may be added, OF
deep popular opposition. The Senate had
advised its ratiica ton, and Washington
had actually ratified it. Still, the oppo-
sition continued. 1t was boldly assumed
that the negotiation of commercial
treaty by the Executive was unconstitu-
tional- Mr.. Marshall saw the gathering
storm, and looked anxiously upon the deep
and extended opposition of Virginia He
vindicated the treaty in public meetings
He vindicated 1t in the Legislature. and
in speech. weighty and effective. main
tanned that the ratification of a CONNER
cfal treaty was within the limits of exec
utive power. His argument was final. and
by 1t he became generally known through
out the nation
Marshall was now looked upon with
profound respect and confidence Wash
ington offered him the office Of Attorney
General. He declined 1t. After the re-
call OF Mr.. Monroe from France. he was
solicited to accept the appointment as his
successor, but he declined. In 1897. less
than year from the time of the first Of
fer, Mr.. Adams, the President, appointed
him with Mr.. Gerry and General Pinck-
ney, on special mission to the French
Republic.
Mr. Marshall then came before the ma
duty of preparing the official papers de- |
volved mainly on him. The mission was !
honorably fulfilled. He maintained the |
integrity of the American character |
against the corrupt Directory His let |
tiers to Talleyrand, the Minister of For !
eign Relations, are justly regarded as
among the most able and effective dipIo- |
matte papers that have honored the ma
tion.
Shortly after his return to Virginia he
became, at the special request of Wash
ington, candidate for the House Of Rep
resentatives, and was elected in 1898
During his stay in Congress, an opporta-
lity occurred for the display of his rare
analytical powers of mind It was the
case or Thomas Nash who had commit, ed
A murder on board the British ship Her
n4one, and then sought an asylum within
the United States. His delivery had been
demanded by the British Minister. Mr..
in speech OF great forensic
lower established the point that the
crime was, on principles of public law.
within the Jurisdiction of Great Britain.
and that under the Constitution. the case
was not subject to the judiciary, but TO
he executive. The distinctions between
-hese two departments were drawn and
ma intaiGSd with such force of reason
nat Mr.. Gallatin. who was to reply to
.
You may answer that if you choose. l
;anHot.' The argument exhibits the high
'st powers OF intellect
AT the close of the session Mr. Mar
hall was appointed Secretary of War A
'upture between the President and Colo
lei Pickering the Secretary of State. &C
'urred soon afterward, and Mr.. Marshall
vas appointed his successor. His papers
IS Secretary of State are OF the highest
rider His despatch on the Goth of Sep
ember, $780," says Mr.. Binney. "is a ro-
lie specimen OF the first order OF state
iapers, and shows the most finished adam
alton of parts for the station OF an
American Secretary OF State" His
tate papers are pervaded by a pecu-
lar reach Of comprehension and cIearness
II discrimination, two qualities rarely
ound in the same mind.
new sphere was about to open before
lin; one. for which ne had given again l
nd again the strongest indication of fit-
less. He was appointed Chief Justice of
he United States. January 81, 1sOl-the '
poeh OF his greatness. The career Of Mr.
iarshall, as Chief Justice, extends over c
period Of thirJyfour years. and Is not !
My the longezt on record, but also the /
OLDEST. Judicial history, in our Judgment.
resents no form so great and symmetrical q
S that OF Marshall. 1t remains for his
WI profession to do him justice. The L
each and dignity Of his mind in inves- U
lgating, eNpounding and applying the |
lost intricate and lofty legal principles. |
re simple and grand. His decisions were K
OF formed solely by the authority Of stat +
ties, and the features of special cases.
rinciples were TO be settled. and to this G
'ork he brought the keenest analysis, deep i
Official philosophy and a superior digni-
Of t1ats Tifk Egss