Great Fortunes, and How They Were Made

by James Dabney McCabe

With the return of peace the courts were again thrown open, and Marshall began that brilliant legal career which has made him one of the most famous men in our history. His success was marked from the first, as his professional talents were such as to make themselves felt anywhere, and his personal popularity aided him greatly in overcoming the difficulties which lie in the path of a young aspirant to legal honors. In 1782, the people of Fauquier elected him to the House of Delegates in the General Assembly of the Commonwealth, and in the fall of that year he was appointed one of the Council of State. In January, 1783, he was married to Miss Mary Willis Ambler, with whom he lived in the most perfect happiness for over fifty years. His bride was a woman of great personal beauty, and in every respect a fitting helpmate for such a man—than which no higher tribute could be paid her. About this time, Mr. Marshall decided not to return to Fauquier, but to locate himself permanently in Richmond, where he could enjoy many more professional advantages. In spite of this, however, his old friends in Fauquier re-elected him to the Legislature, and in 1787 he sat in that body as representative from the county of Henrico.

He was very plain and even careless in his personal attire, and this often led to amusing occurrences. Soon after he began the practice of his profession in Richmond, he was strolling through the streets one morning, dressed in a plain linen suit and a straw hat. The hat was held under his arm, and was filled with cherries, of which he ate as he walked. In passing the Eagle Hotel, he stopped to exchange salutations with the landlord, and then continued his walk. Sitting near the landlord, on the hotel porch, was a Mr. P——, an elderly gentleman from the country, who had come to the city to engage counsel in an important case which was to be tried in a day or two. The landlord referred him to Marshall as the best lawyer in the city; but the old gentleman was so much prejudiced against the young advocate, by his careless appearance, that he refused to engage him. On entering court, Mr. P—— was a second time referred to Marshall by the clerk of the court, and a second time he refused to employ him. At this moment entered Mr. V——, a venerable-looking legal gentleman, in a powdered wig and black coat, whose dignified appearance produced such an impression on Mr. P—— that he engaged him at once. In the first case which came on, Marshall and Mr. V—— each addressed the court. "The vast inferiority of his advocate was so apparent that at the close of the case Mr. P—— introduced himself to young Marshall, frankly stated the prejudice which had caused him, in opposition to advice, to employ Mr. V——; that he extremely regretted the error, but knew not how to remedy it. He had come to the city with one hundred dollars as his lawyer's fee, which he had paid, and had but five left, which, if Marshall chose, he would cheerfully give him for assisting in the case. Marshall, pleased with the incident, accepted the offer, not, however, without passing a sly joke at the omnipotence of a powdered wig and black coat."

In 1788, Mr. Marshall was elected to the Virginia Convention which met in June of that year for the purpose of considering the question of the adoption or rejection of the Federal Constitution. The debates in this body were among the most brilliant in history. Marshall took a decided stand in favor of the Constitution, and is believed to have done more than any other man, save Mr. Madison, to secure its adoption. He added greatly to his reputation by his labors in this body, and the close of the session found his practice very much enlarged. He was anxious to devote himself entirely to his professional duties; but he was urged so vehemently to accept a seat in the Legislature from the city of Richmond, that he was forced to consent. He sat in that body from 1789 to 1791, and in those sessions which were marked by the brilliant contests between the Federalists and Republicans took a decided stand with the former, and sustained his position by an array of arguments against which his opponents were powerless. The struggle was one of great bitterness, but Marshall, although victorious in it, made no enemies among his antagonists.

For the next three years he devoted himself industriously to his profession, appearing in public only to defend with masterly eloquence the course of President Washington with reference to the insolent conduct of Citizen Genet, the French Agent. In 1795, he was again elected to the Legislature, "not only without his approbation, but against his known wishes;" but yielding to the desires of his friends he took his seat in that body. The great question of the day was the adoption of "Jay's Treaty" with Great Britain. In Virginia, a bitter opposition assailed the treaty, and the entire State rang with denunciations of it. Even the influence of Washington was powerless to stay the tide of popular passion excited against the treaty and those who upheld it. Meetings were held in Richmond, and the treaty was fiercely denounced. Marshall now came to the rescue, and before a meeting of the citizens of that place made such an unanswerable argument in favor of the treaty, that the men who had been foremost in assailing it now united in the adoption of resolutions indorsing the policy of the Administration. In the Legislature his efforts were equally successful, and the opponents of the Administration were forced to abandon their constitutional objections to the treaty, and to content themselves with a simple denial of the expediency of the measure at that time. President Washington attached so much importance to these services that he offered to his old friend and comrade the position of Attorney-General of the United States, but Marshall declined the offer, as he wished to devote himself to his practice, which had now become very lucrative. He continued to sit in the Legislature, which did not interfere with his private business, and remained the constant and vigilant friend of Washington's Administration. In 1796, he was offered the post of Minister to France, as Mr. Monroe's successor, but he declined it for the same reason which had made him refuse the Attorney-Generalship. In 1797, when the offer was repeated, this time by President Adams, Marshall yielded to the entreaties of Washington, and went to France with Pinckney and Gerry, as Envoy Extraordinary. The object of the mission was to remove the obstructions placed by France in the way of American commerce. The Envoys were unsuccessful, but a correspondence took place between Marshall and Talleyrand, which was a source of great satisfaction to American publicists, and raised Marshall still higher in their esteem and confidence. Upon his return home in 1798, he was given a public reception in New York by the citizens, and a public dinner by the two Houses of Congress, "as an evidence of affection for his person, and of their grateful approbation of the patriotic firmness with which he had sustained the dignity of his country during his important mission." He subsequently took a prominent part in support of the measures of retaliation directed against France by the Administration, which were sharply assailed by the opposition. He resumed his practice in Richmond, but was again drawn from it by a message from Washington, who requested him to visit him at Mt. Vernon. He did so, and the result was that he yielded to the solicitations of his old chieftain, and consented to accept a seat in Congress. He was elected to the Lower House of that body in 1799. During the canvass, President Adams offered him a seat in the Supreme Court of the United States, but he declined it.

His career in Congress was brief, but brilliant. The Federalist party was hard pressed by the Republicans, and he promptly arrayed himself on the side of the former, as the champion of the Administration of John Adams. The excitement over the "Alien and Sedition Laws" was intense, but he boldly and triumphantly defended the course of the Administration. Mr. Binney says of him that, in the debates on the great constitutional questions, "he was confessedly the first man in the House. When he discussed them, he exhausted them; nothing more remained to be said; and the impression of his argument effaced that of every one else."

His great triumph was his speech in the Jonathan Robbins affair. Robbins had committed a murder on board an English ship-of-war, and had sought refuge from punishment in the United States. In accordance with one of the provisions of Jay's Treaty, his surrender had been demanded by the British Minister, on the ground that he was a British subject, and he had been surrendered by President Adams. The opposition in Congress made this act a pretext for a famous assault upon the Administration, and a resolution was introduced into the House of Representatives by Mr. Livingston, censuring the President for his course in the matter. This resolution produced an extended debate in the House, in the course of which Marshall defended the President in a speech of great force and eloquence. Judge Story has said of this speech, that "it was rêponse sans réplique—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."

In May, 1800, Mr. Adams offered Marshall a seat in his Cabinet as Secretary of War, but before he could enter upon the duties of that office he was made Secretary of State, in which capacity he acted for a short while, conducting several important negotiations during that time, and leaving behind him several of the most magnificent state papers to be found in our archives. During his occupancy of this position, it became necessary to appoint a Chief Justice of the United States, and Marshall took advantage of the occasion to urge upon the President the propriety of tendering the place to a distinguished gentleman who had been a faithful friend to the Administration; but Mr. Adams quietly informed him that he had made up his mind to confer the honor upon the man best suited to it, and that he had sent to the Senate the name of John Marshall, of Virginia. This appointment, which came to him entirely unsolicited, was made on the 31st of January, 1801, and was unanimously confirmed by the Senate.

He held the position of Chief Justice for more than thirty-four years, and this period is justly regarded as the most brilliant portion of the history of our highest court, a court of which a famous judge has said:

"The decisions of the Supreme Court of the United States have raised the renown of the country not less than they have confirmed the Constitution. In all parts of the world its judgments are spoken of with respect. Its adjudications of prize law are a code for all future time. Upon commercial law it has brought us nearly to one system, befitting the probity of a great commercial nation. Over its whole path, learning and intelligence and integrity have shed their combined luster."

Although holding so high a post in the General Government, he continued to take a warm interest in the affairs of his native State, and in 1828 was a delegate to the Charlottesville Convention, which met for the purpose of recommending to the Legislature a system of internal improvements best suited to the needs of the State. In 1829, he was a member of the Convention which met in Richmond for the purpose of revising the Constitution of the State. Though now quite old and feeble, he took an active part in the debates of the Convention, and was mainly instrumental in effecting the settlement of the disputes between the eastern and western sections of the State.