Some reference has already been made to his earliest reported argument
in court, in 1786. In the Virginia Federal Convention, in 1788,
Marshall’s principal speeches related to the subjects of taxation, the
militia, and the judiciary. These, so far as preserved, are found in the
third volume of Elliot’s Debates, and in Dr. Grigsby’s very interesting
History of that Convention, in the tenth volume of the “Virginia
Historical Collections.” Nothing remains of a famous speech in support
of Jay’s treaty, at a public meeting in Richmond in 1795. A summary of
his strong but unsuccessful argument in 1796, in the case of Ware _v_.
Hylton (3 Dallas 199), as to the claims of British creditors, his only
case before the Supreme Court of the United States, is preserved in the
volume of reports. This argument attracted much attention among the
statesmen at Philadelphia. “I then became acquainted,” he wrote to a
friend, “with Mr. Cabot, Mr. Ames, Mr. Dexter, and Mr. Sedgwick of
Massachusetts, Mr. Wadsworth of Connecticut, and Mr. King of New
York.... I was particularly intimate with Mr. Ames.”
After Washington’s death in 1799, Marshall, in a short and well-known
speech, moved the resolution of the House of Representatives.
A little afterwards he made a great and admirably thorough address in a
matter which then deeply affected the public mind; from this, his
greatest public speech,[17] a quotation is given below. It was made
March 4, 1800, in defense of the President’s action in the case of
Thomas Nash, _alias_ Jonathan Robbins. This person, a British subject,
but claiming to be an American citizen, and to have been impressed into
the British navy, was charged with piracy and murder on board a British
ship of war in 1791. Being found in Charleston, S. C., he was arrested
in 1799, at the instance of the British consul, and held to await an
application for his extradition under article 27 of the treaty with
Great Britain of 1795. That article bound the two countries reciprocally
to deliver up, on request of the other, persons charged with murder
committed within the jurisdiction of that other. Evidence of criminality
was first to be furnished, such as would justify commitment for trial on
the same charge in the country where the accused was found.
Public-domain text, read in full here on John Shaqi.
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