The Southern Literary Messenger, Vol. II., No. 3, February, 1836Various
General
The Southern Literary Messenger, Vol. II., No. 3, February, 1836
Various
American literature -- 19th century -- Periodicals
From 1792 to 1795, Mr. Marshall devoted himself exclusively and
successfully to his profession. Washington's Reports, shew him to have
enjoyed an extensive practice in the Court of Appeals of Virginia.
During this time, also, he did not withdraw himself from politics so
entirely, but that he took a prominent part at public meetings, in
support of Gen. Washington's Proclamation of Neutrality. He advocated
this measure, orally and in writing: and Resolutions approving it,
drawn up by him, were adopted by a meeting of the people of Richmond.
In 1795, when Jay's Treaty was the absorbing theme of bitter
controversy, Mr. Marshall was again elected to the House of Delegates,
"not only without his approbation, but against his known wishes."
Virginia, as usual, was the _Flanders_ of the war. Her popular
meetings, and her Legislature, rung with angry discussions. Even the
name of Washington could not screen the treaty from reprobation. It
was denounced at a meeting in Richmond, at which Chancellor Wythe
presided, as _insulting, injurious, dangerous, and unconstitutional_:
but the same citizens, at a subsequent meeting, were prevailed upon by
a masterly speech of Mr. Marshall, to adopt resolutions of a contrary
tenor, "by a handsome majority."[11] Lest his _popularity_ might
suffer, he was urged by his friends not to engage in any Legislative
debates upon the obnoxious Treaty. He answered, that he would make no
movement to excite such a debate; but if others did so, he would
assert his opinions at every hazard. The opposition party soon
introduced condemnatory resolutions. Among other arguments against the
treaty, it was alleged, that the executive could not,
constitutionally, make a commercial treaty; since it would infringe
the power given to Congress, to _regulate commerce_: and this was
relied upon as a favorite and an unanswerable position. "The speech of
Mr. Marshall on this occasion," says Judge {186} Story, "has always
been represented as one of the noblest efforts of his genius. His vast
powers of reasoning were displayed with the most gratifying success.
He demonstrated, not only from the words of the Constitution and the
_universal practice of nations_,[12] that a commercial treaty was
within the scope of the constitutional powers of the executive; but
that this opinion had been maintained and sanctioned by Mr. Jefferson,
by the Virginia delegation in Congress, and by the leading members of
the Convention on both sides. The argument was decisive. The
constitutional ground was abandoned; and the resolutions of the
assembly were confined to a simple disapprobation of the treaty in
point of expediency.... The fame of this admirable argument spread
through the union. Even with his political enemies, it enhanced the
estimate of his character; and it brought him at once to the notice of
some of the most eminent statesmen, who then graced the councils of
the nation."
[Footnote 11: Judge Story.]
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account