Marshall must have favorably impressed the Speaker; for he was immediately appointed a member of the important Committee for Courts of Justice;[626] and two days later a member of a special committee "To form a plan of national defense against invasions"; to examine into the state of public arms, accouterments, and ammunition, and to consult with the Executive "on what assistance they may want from the Legislature for carrying the plan into execution."[627] Two days afterwards Marshall was appointed on a special committee to frame a bill to amend the ordinance of Convention.[628]
His first vote was for a bill to permit John M'Lean, who, because of illness, went to England before the outbreak of the war, and who had returned, to remain in Virginia and live with his family.[629] Marshall's next two votes before taking his place as a member of the Council of State are of no moment except as indicating the bent of his mind for honest business legislation and for a strong and efficient militia.[630] During November, Marshall was appointed on several other committees.[631] Of these, the most important was the select committee to bring in a bill for the reorganization of the militia,[632] which reported a comprehensive and well-drawn measure that became a law.[633] He was also on the Standing Committee of Privileges and Elections.[634]
The Virginia Legislature, during these years, was not a body to inspire respect.[635] Madison had a great contempt for it and spoke with disgust of the "temper of the Legislature & the wayward course of its proceedings."[636] Indeed, the entire government of the State was an absurd medley of changing purposes and inefficiency. "Nothing," wrote Madison to Jefferson, "can exceed the confusion which reigns throughout our Revenue department.... This confusion indeed runs through all of our public affairs, and must continue as long as the present mode of legislating continues"; the method of drawing bills "must soon bring our laws and our Legislature into contempt among all orders of Citizens."[637]
Nor did Virginia's lawmakers improve for several years. Madison in 1787 advised Washington that "The proceedings of the Assembly are, as usual, rapidly degenerating with the progress of the session."[638] And the irritated soldier at Mount Vernon responded with characteristic heat that "Our Assembly has been ... employed ... chiefly in rectifying some of the mistakes of the last, and committing new ones for emendations at the next."[639] Washington, writing to Lafayette of American affairs in 1788, said, with disgust, that "Virginia in the very last session ... was about to pass some of the most extravagant and preposterous edicts ... that ever stained the leaves of a legislative code."[640]
Popular as he was with the members of the Legislature, Marshall shared Madison's opinion of their temper and conduct. Of the fall session of the Assembly of 1783, he writes to Colonel Levin Powell: "This long session has not produced a single bill of Public importance except that for the readmission of Commutables.[641] ... It ought to be perfect as it has twice passed the House. It fell the first time (after an immensity of labor and debate) a sacrifice to the difference of opinion subsisting in the House of Delegates and the Senate with respect to a money bill. A bill for the regulation of elections and inforcing the attendance of members is now on the Carpet and will probably pass.[642]... It is surprising that Gentlemen of character cannot dismiss their private animosities, but will bring them in the Assembly."[643]
Early in the session Marshall in a letter to Monroe describes the leading members and the work of the House.
"The Commutable bill,"[644] writes he, "has at length pass'd and with it a suspension of the collections of taxes till the first of January next.... Colo. Harry Lee of the Legionary corps" is to take the place of "Colọ R. H. Lee" whose "services are lost to the Assembly forever"; and Marshall does not know "whether the public will be injur'd by the change." Since the passage of the "Commutable bill ... the attention of the house has been so fix'd on the Citizen bill that they have scarcely thought on any other subject.... Col. [George] Nicholas (politician not fam'd for hitting a medium) introduced one admitting into this country every species of Men except Natives who had borne arms against the state.... Mr. Jones introduc'd by way of amendment, one totally new and totally opposite to that which was the subject of deliberation. He spoke with his usual sound sense and solid reason. Mr. Henry opposed him.
"The Speaker replied with some degree of acrimony and Henry retorted with a good deal of tartness but with much temper; 'tis his peculiar excellence when he altercates to appear to be drawn unwillingly into the contest and to throw in the eyes of others the whole blame on his adversary. His influence is immense."[645]
Marshall's strange power of personality which, in after years, was so determining an influence on the destiny of the country, together with the combined influence of his father and of the State Treasurer, Jacquelin Ambler, Marshall's father-in-law, now secured for the youthful legislator an unusual honor. Eleven days after the House of Delegates had organized, Marshall was elected by joint ballot of the Senate and the House a member of the Council of State,[646] commonly called the Executive Council. The Journal of the Council for November 20, 1782, records: "John Marshall esquire having been elected a Member of the Privy Council or Council of State in the room of John Bannister esquire who hath resigned and producing a Certificate from under the hand of Jaq. Ambler esqr of his having qualified according to law; he took his seat at the board."[647]
Marshall had just turned his twenty-seventh year, and the Council of State was supposed to be made up of men of riper years and experience. Older men, and especially the judges of the courts, resented the bestowal of this distinction upon so youthful a member serving his first term. Edmund Pendleton, Judge of the High Court of Chancery and President of the Court of Appeals, wrote to Madison that: "Young Mr. Marshall is elected a Councillor.... He is clever, but I think too young for that department, which he should rather have earned as a retirement and reward, by ten or twelve years hard service in the Assembly."[648]