14 Mr. Binney.
Once more, he resumed his practice of the Law, with renewed determination to leave it no more. He was, however, so urgently entreated by General Washington (who sent for him to Mount Vernon for the purpose) to become a candidate for Congress, that he did so; and was elected, in 1799, after a severe contest. Whilst a candidate, President Adams offered him a seat upon the Bench of the Supreme Court; but he declined it. He had not been three weeks in Congress, when, by a fortune as striking as it was mournful, it became his lot to announce to the House, the death of Washington. Never could such an event have been told in language more impressive or more appropriate.
"Mr. Speaker—The melancholy event, which was yesterday announced with doubt, has been rendered but too certain. Our Washington is no more. The hero, the patriot, and the sage of America; the man on whom in times of danger every eye was turned, and all hopes were placed, lives now, only in his own great actions, and in the hearts of an affectionate and afflicted people."
Having briefly alluded to the achievements and services of the deceased, he concluded by offering suitable resolutions, for honoring "the memory of the man, first in war, first in peace, and first in the hearts of his countrymen." The resolutions had been drawn by General Henry Lee, whom a temporary absence hindered from presenting them. With characteristic modesty, Mr. Marshall, in the account of this transaction given by him as biographer of Washington, omits all mention of his own name; saying only, that "a member rose in his place," &c. That House of Representatives abounded in talents of the first order for debate: and none were more conspicuous than those of John Marshall. Indeed, where the law or constitution was to be discussed, "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."... "Upon such topics, however dark to others, his mind could by its own clear light
———'sit in the centre, and enjoy bright day.'"15
15 Mr. Binney.
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
16 Ib.
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