National University - Docket Yearbook (Washington, DC)

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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

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