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
His speech upon the case of Jonathan Robbins, was a striking example.
This man, a subject of Great Britain, had committed a murder on board
a British frigate, and then fled to the United States. Being demanded
by the British Government, President Adams caused him to be
surrendered, under a clause in Jay's treaty. The act was furiously
assailed by the opposition: and a resolution of censure was introduced
into the House of Representatives by Mr. Livingston. The speech of Mr.
Marshall on this occasion was perhaps one of the most masterly ever
delivered in Congress. "It has all the merits, and nearly all the
weight of a judicial sentence."[16] "It may be said of that speech, as
was said of Lord Mansfield's celebrated Answer to the Prussian
Memorial, it was _Reponse sans replique_--an answer so irresistible,
that it admitted of no reply. It silenced opposition; and settled
then, and forever, the points of national law, upon which the
controversy hinged."[17]
[Footnote 16: Ib.]
[Footnote 17: Judge Story.]
He was not in Congress when the famous _Sedition Law_ passed: but he
had the merit of voting to repeal the most obnoxious section of it; in
opposition to all those, with whom he generally concurred. In May,
1800, he was appointed Secretary of War: but before his entry upon the
duties of that office, a rupture occurring between the President and
Col. Pickering, he was made Secretary of State in lieu of the latter.
It is honorable both to him and his predecessor, that the delicate
position in which they stood towards each other, did not interrupt
their harmony: but they retained, while both lived, a warm and cordial
friendship. Even during the few months that he held this office, Mr.
Marshall evinced great ability, in discussing several important
questions between our country and England. "It is impossible to
imagine a finer spirit, more fearless, more dignified, more
conciliatory, more true to his country, than animates his instructions
to Mr. King,"[18] the American Minister in London. "His despatch of
September 20th, 1800, is a noble specimen of the first order of State
papers, and shows the most finished adaptation of parts for the
station of an American Secretary of State."[19]
[Footnote 18: Mr. Binney.]
[Footnote 19: Ib.]
On the 31st of January, 1801, he was appointed Chief Justice of the
Supreme Court of the United States: "not only without his own
solicitation, (for he had in fact recommended another for the office,)
but by the prompt and spontaneous choice of President Adams, upon his
own unassisted judgment. The nomination was unanimously confirmed by
the Senate."[20]
[Footnote 20: Judge Story.]
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