National University - Docket Yearbook (Washington, DC)

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Like Jay he went on a European diplomatic mission while Chief Justice and his last public service was as one of three commissioners sent to France in 1799 and 1800. An arduous sea voyage and a long journey by land through Spain and France impaired his health permanently. Negotia- tions with Napoleon being none too successful, the Chief Justice sent one of his sons to America with his resignation and lingered in England to recruit his broken health. Ellsworth had two sons who won distinction, though in a lesser degree than their father. They were twins, Henry Leavitt Ellsworth, the first commissioner of patents, and William Wolcott Ellsworth, Governor of Connecticut and member of Congress. President Adams now turned to Washington’s first choice and asked former Chief Justice Jay to take back his old job. In the light of the subsequent thirty-four years under the next Chief Justice, Jay’s reason for refusing is little short of amusing. He declined, he said, because the Su- preme Court lacked “the energy, weight and dignity which are essential to its affording due support to the national government.” Then, unexpectedly, the President offered the post to his Secretary of State, John Marshall of Virginia. The new Chief Justice was forty-six years of age and no stranger to public office. He had served as an officer in the Revolution, being with the Continental troops at V alley F orge, and somehow obtained enough leave to study law under Chancellor Wythe at William and Mary College. It was said that he was one of the best run- ners and jumpers in the V irginia forces and could, with a running jump, clear a pole laid on the heads of two men as tall as himself. On one occa- sion, while making an exhibition of his athletic skill, he ran a race in his stocking feet. His stockings were blue with white heels. This circum- stance, combined with his victory and personal popularity, led his fellow soldiers to nickname him Silver Heels and the sobriquet stuck to him throughout life.

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When the Federal Government was organized Washington offered Marshall the post of Attorney-General, but he declined, preferring to re- main in private practice in Virginia without the interruptions that public office would entail. In 1798 he was one of the three commissioners sent to Paris to negotiate with The French Directory. Denied formal recogni- tion, the commissioners were told that a sum of money might induce the desired cordiality. “No, not a sixpence,” replied Charles Cotesworth Pinckney, angered by the hint for a bribe. When Marshall returned to America he was very popular with the Federalists and they gave him a ban- quet in Philadelphia. One of the toasts was “Millions for defense, but not one cent for tribute,” a saying which is ascribed to Pinckney but which he never heard until his return months later. In 1798 Marshall declined to accept a place as Associate Justice of the Supreme Court, but in 1799 he consented to be a candidate for the House of Representatives. While a member of the House he offered the famous resolution, written by Light- Horse Harry Lee, declaring that Washington, who had just died, was “first in war, first in peace, and first in the hearts of his countrymen.” Resigning from the House in 1800, he was tendered the post of Secretary of War by President Adams, an offer which he did not even consider. A few weeks later, however, he consented to become Secretary of State, and he continued to discharge the duties of that office until March 4, 1801, notwithstanding he had taken the oath as Chief Justice a month before. This is not a proper place to review the distinguished judicial career of Chief Justice Marshall. Suffice it to say that in the thirty-four years following Marshall’s appointment Jay’s description of the Court was belied, and, due to the Chief Justice’s genius and courage, the Supreme Court acquired the “energy, weight and dignity which are essential to its afford- ing due support to the national government,” none of which it possessed under his predecessors. The Jeffersonians complained that Marshall con- ni; 0m wmm ' aim m TOl p L(L1