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
Marshall's course in Congress was characterized throughout by
independence of character, moderation of views, and level good sense, of
which his various congressional activities afford abundant evidence.
Though he had himself been one of the "X.Y.Z." mission, Marshall now
warmly supported Adams's policy of renewing diplomatic relations with
France. He took his political life in his hands to register a vote
against the Sedition Act, a proposal to repeal which was brought before
the House. He foiled a scheme which his party associates had devised, in
view of the approaching presidential election, to transfer to a
congressional committee the final authority in canvassing the electoral
vote--a plan all too likely to precipitate civil war. His Federalist
brethren of the extreme Hamiltonian type quite resented the frequency
with which he was wont to kick over the party traces. "He is disposed,
"wrote Sedgwick, the Speaker, "to express great respect for the
sovereign people and to quote their opinions as an evidence of truth,"
which "is of all things the most destructive of personal independence
and of that weight of character which a great man ought to possess." ¹
¹ Letter from Sedgwick to King, May 11, 1800. Life and Correspondence of
Rufus King, vol. III, pp. 236-7.
Marshall had now come to be practically indispensable to the isolated
President, at whose most earnest insistence he entered the Cabinet as
Secretary of State, though he had previously declined to become
Secretary of War. The presidential campaign was the engrossing interest
of the year, and as it spread its "havoc of virulence" throughout the
country, Federalists of both factions seemed to turn to Marshall in the
hope that, by some miracle of conciliation, he could save the day. The
hope proved groundless, however, and all that was ultimately left the
party which had founded the Government was to choose a President from
the rival leaders of the opposition. Of these Marshall preferred Burr,
because, as he explained, he knew Jefferson's principles better. Besides
having foreign prejudices, Mr. Jefferson, he continued, "appears to me
to be a man who will embody himself with the House of Representatives,
and by weakening the office of President, he will increase his personal
power." Better political prophecy has, indeed, rarely been penned.
Deferring nevertheless to Hamilton's insistence--and, as events were to
prove, to his superior wisdom--Marshall kept aloof from the fight in the
House, and his implacable foe was elected.
Public-domain text, read in full here on John Shaqi.
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