MARSHALL, Joilx, LL.D., 1755-1835; b.Va. ; educated at Westmoreland school and by a private tutor. He began the study °flaw in 1773, but before he was called to the bar the revolution broke out, and lie soon joined the Oulpeper minutemen, a Virginia com pany, and participated in the battle of Great Bridge,where lie led a flanking party. The next year he was transferred to the llth Virginia regiment as a lieut., and in 1777 he was made a capt. He was with the Amenean army in the New Jersey campaign, and was present at Brandywine, Germantown, and Monmouth. He resigned from the army in 1781, and began to practice law, whose study he had resumed at William and 3Iary college in the winter of 1779 when he was waiting in Virginia to take command of a new force, which was never raised. He was admitted to practice in 1780. His success at the bar was immediate and marked. In 1782 he was returned to the house of delegates from Fauquier co., and the KWIC Tear became a member of the executive council. In 1787 he was a member of the legislature from Henrico co., to which he had removed. The next year he sat in the Virginia convention called to ratify or reject the constitution framed at Philadelphia. He and James Madison were the foremost sup porters of the new instrument, which they succeeded carryinc, through the conven tion. In 1789, 1790, 1791, Marshall served again in the delegates,this time as member for Richmond. He acted with the federalist-party, to whicli the tnajority of Virginians were opposed; but he succeeded in retaining the confidence of his' political opponents.
In 1792 he resumed his law practice, but in 1795 was again elected to the delegates Jay's treaty had been most bitterly attacked in Virginia, but was defended by Marshalt: with such ability that the constitutional points, on which the house of delewates had wished to condemn it, were given up; and the delegates passed a simple resolution of disapproval. Marshall, who, for the sake of his practice, which was now grown very large, had refused from Washington the.posts of attorney-gen. and minister to France,. consented, after considerable demurrer, to go to Paris in 1797 as envoy extraordinary with gen. Pinckney and Elbridge Gerry. The object of their mission was to induce the French directory to remove the restrictions which it had laid upon American commerce. The negotiations proved fruitless, hut the ambassadors were- warmly received on their return to America in 1798. A public address was presented to Marshall, and members of both houses of congress united in giving him a public dinner. In 17'99, at the urgent solicitation of Washington. he permitted the use of his name as federalist candidate for cong-ress, and was elected by a narrow majority. While the canvass was going on, he had-been offered, and had refused, a seat upon the U. S. supreme court. In congress.
lie became the leader of the federal party, which was fast lusing popular confidence. He did not support, without reserve, the alien and sedition laws, against which Virginia had resolved to protect herself by force, if necessary. In all other measures he sup ported the administration. His most notable speech IVIIS in the case of Jonathan Rob bins, who had murdel.ed a man on a British frigate and escaped to this country. Presi dent Adams, in accordance with a provision in Jay's treaty, gave Robbins up to the British government, which claimed him as its subject. Mr. Livingston, for the republi cans, introduced into congress a resolution censuring the president for his action. Mar shall defended Adams in a powerful speech, showing that the surrender of Robbins was an act distinctly within the political power of the executive. In May, 1800, he was appointed by president Adams secretary of war, but before accepting he was made secretary of state. His instructions to Rufus King, our minister to England, in regard to several important controversies then pending between this country and England, form one of the ablest of American state papers. In 1801 he was nominated and unanimously confirmed chief-justice of the United States. His decisions in the supreme court raised it to a point of public respect and professional reputation which certainly have not since been surpassed. Chief-Justice Marshall's decisions, particularly in the departments of constitutional and commercial law, are of the highest authority. Many- judges, more familiar with the books, have sat upon the supreme bench; but none with such an acute and penetrating judicial intellect, or so dispassionate in the hearing of causes. " He. was, said one of his admirers, " conscience made flesh, reason inenrnate." Between the years 1804 and 1807 appeared his Life of IVashington, in 5 volumes, founded upon study of original documents then unprinted, and defending the political career of 'Wash ington and the measures of his administration from the attacks which both—and, it must be added,Washington's private life—had suffered from the republicans. The book received much adverse criticism from the English reviewers, on account of the alleged impurity of its English and its undue size. It was abbreviated and published in 2 vol umes in 1832. Justice Story published, in 1839, a selection from Marshall's decisions and. other papers under the name of The Writings of John Marshall upon the Federal Con stitution. " His judgments," says justice Story, " for power of thought, beauty of illus tration, variety of learning, and elegant demonstration are justly numbered among the highest reaches of the human mind." In person and manner Marshall was not graceful, but his amiable and genial character made him a pleasant companion and gained warm friends.