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
It was due also to this business venture that Marshall was at last
persuaded to break through his rule of declining office and to accept
appointment in 1797, together with Pinckney and Gerry, on the famous
"X.Y.Z." mission to France. From this single year's employment he
obtained nearly $20,000, which, says his biographer, "over and above his
expenses," was "three times his annual earnings at the bar"; and the
money came just in the nick of time to save the Fairfax investment, for
Morris was now bankrupt and in jail. But not less important as a result
of his services was the enhanced reputation which Marshall's
correspondence with Talleyrand brought him. His return to Philadelphia
was a popular triumph, and even Jefferson, temporarily discomfited by
the "X.Y.Z." disclosures, found it discreet to go through the form of
paying him court--whereby hangs a tale. Jefferson called at Marshall's
tavern. Marshall was out. Jefferson thereupon left a card deploring how
"unlucky" he had been. Commenting years afterwards upon the occurrence,
Marshall remarked that this was one time at least when Jefferson came
near telling the truth.
Through the warm insistence of Washington, Marshall was finally
persuaded in the spring of 1799 to stand as Federalist candidate for
Congress in the Richmond district. The expression of his views at this
time is significant. A correspondent of an Alexandria newspaper signing
himself "Freeholder" put to him a number of questions intended to call
forth Marshall's opinions on the issues of the day. In answering a query
as to whether he favored an alliance with Great Britain, the candidate
declared that the whole of his "politics respecting foreign nations" was
"reducible to this single position.... Commercial intercourse with all,
but political ties with none." But a more pressing issue on which the
public wished information was that furnished by the Alien and Sedition
laws, which Marshall had originally criticized on grounds both of
expediency and of constitutionality. Now, however, he defended these
measures on constitutional grounds, taking the latitudinarian position
that "powers necessary for the attainment of all objects which are
general in their nature, which interest all America ... would be
naturally vested in the Government of the whole," but he declared
himself strongly opposed to their renewal. At the same time he denounced
the Virginia Resolutions as calculated "to sap the foundations of our
Union."
Public-domain text, read in full here on John Shaqi.
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