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mind the necessity of a stronger central government. How far this practical experience influenced his future judicial views, again we must speculate; certain it is, that under his construction, the Constitution gave to the general Government sufficient powers to carry out the purpose of its creation.

LEGISLATIVE AND DIPLOMATIC SERVICES.

After a few months' study of the law in the winter of 1779'80, began the second period of Marshall's public services, extending from 1782 to 1801. These were civil, being largely legislative and diplomatic. The Continental Congressional era from September 5, 1774, to March 1, 1781, had passed; momentous were its events; it had opened upon a people at peace, with no "wish to separate from the mother country, but only to maintain their chartered rights;" it had witnessed the fruitlessness of humble petitions for redress by loyal subjects to their sovereign, the declaration of independence, and the struggles of the Continental Congress through its recommendations to exercise governmental powers. During six of its years desolating war had raged throughout the colonies to effectuate that declaration; reverse after reverse had met colonial arms, but the courage of these patriots, who had solemnly pledged to each other their lives, their fortunes and their sacred honor in the cause of freedom was unabated; they were determined to be free. The era closed in gloom, but not upon a disheartened people. The Continental Congress was little else than an association of honor among its members. Its manifest lack of powers induced the Articles of Confederation.

The Confederation era from 1781 to 1789 had opened. This had witnessed the close of the War of Independence; Washington's address to the governors of the colonies, urging on them an indissoluble union between the States; a forgetfulness of local prejudices and policies; his farewell address to the army, again earnestly urging a union of the States. This era had also evidenced the total insufficiency of the powers conferred upon the general government by the Articles of Confederation. The general government thus created was without power to lay tax, without power

to regulate commerce, in fact, its powers were largely recommendatory, to be carried into effect only through the instrumentalities of the States. Every State managed its own concerns in

its own way. The systems of retaliation for real or imaginary grievances were perpetually devised and enforced against neighboring States. The States were secret or open enemies to each other. The public debt, the private debts, largely contributed to the political disturbances. Public opinion was divided as to the powers to be conferred upon the general government. Patrick Henry leading those favoring the most limited powers; Mr. Hamilton, those favoring the most ample powers. The conservative men of the nation, including Jefferson in France, Madison at home, believed in enlarging the powers of the general government. Jefferson in February, 1786, writes Madison:

"It is indispensably necessary that with respect to every external we be one nation only, and firmly hooked together: the internal government is what each State should keep to itself."

Under these conditions Marshall comes into active political life. There was much opposition to the Constitutional Convention; Marshall earnestly favored it. In its behalf Jay, Madison and Hamilton spoke effectively through the Federalist. The Constitutional Convention began its labors September, 1787. A requisite number of States had adopted the Constitution March 4, 1789. During the time from 1782 to 1789, Marshall was continuously a member of the Legislature of Virginia. There, in various forms, arose and were debated the causes of the weakness in the general government. Madison was his co-member; between them arose a close and tender friendship, enduring through life. They stood together on the necessity of a stronger bond between the States and the importance of enlarged powers to the general government. These debates reached their climax in interest and importance in the Virginia Convention for a ratification of the Constitution. Against its adoption was Patrick Henry, with his passionate and captivating eloquence, with all his prestige gained in thrilling forensic battles for the liberties of the colonies; George Mason with his strong and searching sense, and many other little less

able and influential. Most prominent among those in favor of the adoption were Madison, Pendleton and Marshall, Marshall contenting himself generally with supporting Madison, but on three great occasions, the debate on the power of taxation, on the power over the militia, on the power of the judiciary, he spoke with great effect and commanding ability. The discussions here with the master minds he met familiarized him with the Constitution, and doubtless contributed to the formation of opinions controlling his future judicial interpretations of that compact. So great was the jealousy of yielding the powers of the respective States that the Constitution was adopted by but a small majority in most of the States, and great in numbers and ability and high in character were those who resisted after the adoption any enlargement by the construction of powers conferred by the Federal Constitution.

Washington is inaugurated, Jefferson takes the portfolio of State; Hamilton, that of the Treasury, each with the purest patriotism, the one believing the great danger of the country was in the tendency to centralization, the other in the tendency to disunion. In the Virginia Legislature and in the public gatherings almost every important measure of the administration was discussed with freedom and with warmth. To preserve peace amid the troubles between France and England came the proclamation of neutrality; its policy and constitutionality were questioned with great spirit and bitterness. Here Marshall and Madison first divided. Even Chancellor Wythe, the old and revered preceptor of Marshall, was against him on this occasion. Marshall in speech and by pen vigorously maintained the wisdom and constitutionality of the proclamation. Statesmen to-day are agreed that his construction was sound. The greatest hostility existed to the Jay treaty; it was denounced as repugnant to the Constitution. Marshall, opposed by some of the ablest patriots of his State, in a great gathering at Richmond in one of the masterly speeches of his life supported its constitutionality. The subsequent practice of the government has without serious question been in conformity with the then construction of Mr. Marshall. This speech brought Mar

shall first to national notice. The eloquence of Marshall is thus delineated by the graceful pen of William Wirt:

"This extraordinary man, without the aid of fancy, without the advantages of person, voice, attitude, gesture or any of the ornaments of an orator, deserved to be considered one of the most eloquent men in the world; no matter what question, though ten times more knotty than the 'gnarled oak,' the lighting of heaven is not more rapid or more resistless than his astonishing penetration. Nor does the exercise of it cost him an effort; on the contrary, it is as easy as a vision. All his eloquence consists in the apparently deep self-conviction and emphatic earnestness of manner; the corresponding simplicity and energy of his style, the clear and logical connection of his thoughts and the easy gradations by which he opens his lights on the attentive minds of his hearers."

A tender to him of the Attorney Generalship of the United States by President Washington followed and was declined. The recall of Mr. Munroe from France was followed by the solicitation of Washington that Marshall accept the appointment. Again he declined that he might practice the law.

John Adams became President; France and England were at war; the "Reign of Terror" in France was over; the young Napoleon with his brilliant victories had won again prestige for the eagles of France. This country, to which America owed so much and to which America felt so profoundly grateful, presuming on such gratitude, brought the relations of the two young republics to a critical state. France having refused to receive General Pinckney, Mr. Adams anxious to exhaust every means of conciliation compatible with national dignity, in June, 1797, appointed Mr. Marshall, General Pinckney and Mr. Gerry envoys extraordinary to the Court of France. Marshall accepted, proceeded to Paris, and there with his colleagues entered upon his duties. The Directory was in power. The accomplished, skillful, but most unscrupulous diplomat, Talleyrand, was Minister of Foreign Affairs. All official dispatches to the French government were prepared by Mr. Marshall. They are admired for their dig nified moderation, their learning, their skillful reasoning, and no

State papers in the annals of our diplomacy are regarded by Americans with more pride. This mission, not without permanent beneficial effects, temporarily failed. Marshall returned home; again he hoped to resume the practice of the law. This was the moment of the then final struggle between the great political parties dividing the country. At the earnest solicitation of General Washington, who in his retirement observed closely and was profoundly interested in public affairs, Marshall reluctantly stood as a Federalist candidate to the lower house of Congress. After a most ardent contest in a hostile district he was elected. In this contest his old political adversary, Patrick Henry, ever his warm personal friend, gave him the high honor of his support. Partisanship yielded to patriotism. His first duty in Congress was the sad one to him and to the American people to announce in the words of the eloquent resolution of General Lee, the death of him "First in war, first in peace, and first in the hearts of his countrymen." In this Congress men of the highest talent were arrayed in hostility, each party devoted to principles deemed by it vital to the country's existence; each important measure of the administration was boldly and earnestly assailed; with great zeal and ability defended. Wide public fame was won by Marshall in the debate in Congress on the surrender of Nash to the British government for trial for supposed murder committed on board a British man-of-war. His speech was in defense of the right and duty of the executive to make the surrender. It silenced, says Judge Story, the opposition and settled then forever the points of national law upon which the controversy hinged. As a member of Congress he spoke and voted generally in approval of the administration of Mr. Adams, but was against it on the French Mission and on the clause of the Sedition Act relating to seditious libels. The Cabinet of Mr. Adams, through the French Mission and other causes, was torn with bitter personal and political discord. Marshall was invited to the secretaryship of war; before qualification, the dismissal of Colonel Pinckney from the State Department resulted in Marshall becoming Secretary of State. Pending negotiations with France threatened to involve us in war with England; the good sense and

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