Page:Encyclopedia of Virginia Biography volume 2.djvu/123

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VIRGINIA BIOGRAPHY

ernment became hostile to the United States, and in 1797 ordered United States Minister Finckney to quit the French territory and he went to Amsterdam and thence to New York. This occasioned great indignation in the United States; and an extra session of Congress was convened and a special mis- sion to France was instituted composed of Marshall. Pinckney and Gerry as joint en- voys with orders to "demand redress and reparation from France." They arrived in Paris, October 4, 1797. and were treated with due civility. The French directory would not acknowledge the commissioners, but Talleyrand suggested through secret agents that an amicable settlement of affairs could be made by the modification of Presi- dtMit Adams' speech to Congress in which he had denounced the French government, and the payment of the sum of $250,000 by the American government. To this proposi- tion the committee replied that no such con- cession would be made and refused to have further intercourse with the agents. The preparations for a war with France were actively begun by the Adams administration and Washington was made lieutenant-gen- eral of the United States forces then being raised. Marshall and Pinckney left France, while Gerry, who was a Republican and was supposed by the directory to favor the pay- ment of tribute rathef'than fight, was com- pelled to remain in Paris by threats of an immediate declaration of war if he left, but when he was urged to enter into negotia- tions after the withdrawal of his colleagues he refused to do so. Marshall arrived in New York. June 17, 1798. and was received with great enthusiasm, and a public banquet was given to him by both houses of Con- gress. It was at this dinner that the

famous reply of Pinckney to the French directory in 1796 — "Millions for defence but not one cent for tribute" — was used as a toast. Marshall immediately resumed his law practice in X'irginia and declined the appointment of justice of the Supreme Court of the United States tendered him by i*resi- dent Adams, September 20, 1798. He was a Federal representative in the Sixth Con- gress, 1799-1801 ; and gained the favor of President Adams by his speech in the case of Jonathan Rubins. He was appointed sec- retary of state in the reorganized cabinet 01 President Adams. May 12, iSoo. During his administration of state affairs, the treaty with France was ratified. While serving as secretary of state, he was appointed thief justice of the United States to succeed Chief Justice Ellsworth, resigned, and took the oath of office. February 4, 1801. For one month he acted as both secretary of state and chief justice — a unique case of the com- bination in one person of executive and judicial offices. It was before Marshall as chief justice that the celebrated trial of Aaron Burr was held and a verdict of ac- quittal was rendered. He was a member of the Virginia state convention of 1829 and spoke with great earnestness on the matter .of changing the manner of appointment of the judges and magistrates of the common- wealth and the length of their term of office. Although opposed to a high protective tariff, he did not approve of nullification. By his decisions in the Supreme Court he greatly strengthened the hands of the Federal gov- ernment. He was the author of a "Life of Washington" (5 vols., 1804-07), written and published at the request of Washington's family, but he was a better judge than his- torian, and the work has never been popular.

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