John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
Meanwhile Marshall was also rising into political prominence. From the
first a supporter of Washington's Administration, he was gradually
thrust into the position of Federalist leader in Virginia. In 1794 he
declined the post of Attorney-General, which Washington had offered him.
In the following year he became involved in the acrimonious struggle
over the Jay Treaty with Great Britain, and both in the Legislature and
before meetings of citizens defended the treaty so aggressively that its
opponents were finally forced to abandon their contention that it was
unconstitutional and to content themselves with a simple denial that it
was expedient. Early in 1796 Marshall made his first appearance before
the Supreme Court, in the case of Ware vs. Hylton. The fame of his
defense of "the British Treaty" during the previous year had preceded
him, and his reception by the Federalist leaders from New York and New
England was notably cordial. His argument before the Court, too, though
it did not in the end prevail, added greatly to his reputation. "His
head," said Rufus King, who heard the argument, "is one of the best
organized of any one that I have known."
Either in 1793 or early in the following year, Marshall participated in
a business transaction which, though it did not impart to his political
and constitutional views their original bent, yet must have operated
more or less to confirm his opinions. A syndicate composed of Marshall,
one of his brothers, and two other gentlemen, purchased from the British
heirs what remained of the great Fairfax estate in the Northern Neck, a
tract "embracing over 160,000 acres of the best land in Virginia." By an
Act passed during the Revolution, Virginia had decreed the confiscation
of all lands held by British subjects; and though the State had never
prosecuted the forfeiture of this particular estate, she was always
threatening to do so. Marshall's investment thus came to occupy for many
years a precarious legal footing which, it may be surmised, did not a
little to keep alert his natural sympathy for all victims of legislative
oppression. Moreover the business relation which he formed with Robert
Morris in financing the investment brought him into personal contact for
the first time with the interests behind Hamilton's financial program,
the constitutionality of which he had already defended on the hustings.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account