The Life of John Marshall (Volume 2 of 4). Beveridge Albert Jeremiah

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ostentation, – everything that could, reasonably or unreasonably, be complained of, – were, avowed the Anti-Nationalists, the wretched but legitimate offspring of Nationalism. The remedy, of course, was to weaken the power of the Nation and strengthen that of the States. Such was the course pursued by the foes of Nationalism, that we shall trace during the first three administrations of the Government of the United States.

      Thus, the events that took place between 1790 and 1800, supplemented and heated by the French Revolution, developed to their full stature those antagonistic theories of which John Marshall and Thomas Jefferson were to become the chief expounders. Those events also finished the preparation of these two men for the commanding stations they were to occupy. The radical politician and States' Rights leader on the one hand, and the conservative politician and Nationalist jurist on the other hand, were finally settled in their opinions during these developing years, at the end of which one of them was to occupy the highest executive office and the other the highest judicial office in the Government.

      It was under such circumstances that the National Government, with Washington at its head, began its uncertain career. If the Legislature of Virginia had gone so far before the infant National establishment was under way, how far might not succeeding Legislatures go? No one knew. But it was plain to all that every act of the new Administration, even with Washington at the helm, would be watched with keen and jealous eyes; and that each Nationalist turn of the wheel would meet with prompt and stern resistance in the General Assembly of the greatest of American Commonwealths. Mutiny was already aboard.

      John Marshall, therefore, determined again to seek election to the House of Delegates.

      Immediately upon the organization of the National Government, Washington appointed Marshall to be United States Attorney for the District of Virginia. The young lawyer's friends had suggested his name to the President, intimating that he wished the place.121 Marshall, high in the esteem of every one, had been consulted as to appointments on the National bench,122 and Washington gladly named him for District Attorney. But when notified of his appointment, Marshall declined the honor.

      A seat in the Virginia Legislature, was, however, quite another matter. Although his work as a legislator would interfere with his profession much more than would his duties as United States Attorney, he could be of practical service to the National Government in the General Assembly of the State where, it was plain, the first battle for Nationalism must be fought.

      The Virginia Nationalists, much alarmed, urged him to make the race. The most popular man in Richmond, he was the only Nationalist who could be elected by that constituency; and, if chosen, would be the ablest supporter of the Administration in the Legislature. Although the people of Henrico County were more strongly against a powerful National Government than they had been when they sent Marshall to the Constitutional Convention the previous year, they nevertheless elected him; and in 1789 Marshall once more took his seat as a member of Virginia's law-making and law-marring body.

      He was at once given his old place on the two principal standing committees;123 and on special committees to bring in various bills,124 among them one concerning descents, a difficult subject and of particular concern to Virginians at that time.125 As a member of the Committee of Privileges and Elections, he passed on a hotly contested election case.126 He was made a member of the important special committee to report upon the whole body of laws in force in Virginia, and helped to draw the committee's report, which is comprehensive and able.127 The following year he was appointed a member of the committee to revise the tangled laws of the Commonwealth.128

      The irrepressible subject of paying taxes in something else than money soon came up. Marshall voted against a proposition to pay the taxes in hemp and tobacco, which was defeated by a majority of 37 out of a total vote of 139; and he voted for the resolution "that the taxes of the present year ought to be paid in specie only or in warrants equivalent thereto," which carried.129 He was added to the committee on a notable divorce case.130

      Marshall was, of course, appointed on the special committee to bring in a bill giving statehood to the District of Kentucky.131 Thus he had to do with the creation of the second State to be admitted after the Constitution was adopted. A bill was passed authorizing a lottery to raise money to establish an academy in Marshall's home county, Fauquier.132 He voted with the majority against the perennial Baptist petition to democratize religion;133 and for the bill to sell lands for taxes.134

      Marshall was appointed on the committee to bring in bills for proceeding against absent debtors;135 on another to amend the penal code;136 and he was made chairman of the special committee to examine the James River Company,137 of which he was a stockholder. Such are examples of his routine activities in the Legislature of 1789.

      The Legislature instructed the Virginia Senators in Congress "to use their utmost endeavors to procure the admission of the citizens of the United States to hear the debates of their House, whenever they are sitting in their legislative capacity."138

      An address glowing with love, confidence, and veneration was sent to Washington.139 Then Jefferson came to Richmond; and the Legislature appointed a committee to greet him with polite but coldly formal congratulations.140 No one then foresaw that a few short years would turn the reverence and affection for Washington into disrespect and hostility, and the indifference toward Jefferson into fiery enthusiasm.

      The first skirmish in the engagement between the friends and foes of a stronger National Government soon came on. On November 30, 1789, the House ratified the first twelve amendments to the Constitution,141 which the new Congress had submitted to the States; but three days later it was proposed that the Legislature urge Congress to reconsider the amendments recommended by Virginia which Congress had not adopted.142 An attempt to make this resolution stronger was defeated by the deciding vote of the Speaker, Marshall voting against it.143

      The Anti-Nationalist State Senate refused to concur in the House's ratification of the amendments proposed by Congress;144 and Marshall was one of the committee to hold a conference with the Senate committee on the subject.

      After Congress had passed the laws necessary to set the National Government in motion, Madison had reluctantly offered his summary of the volume of amendments to the Constitution recommended by the States "in order," as he said, "to quiet that anxiety which prevails in the public mind."145 The debate is illuminating. The amendments, as agreed to, fell far short of the radical and extensive alterations which the States had asked and were understood to be palliatives to popular discontent.146

      Randolph in Richmond wrote that the amendments were "much approved by the strong federalists … being considered as an anodyne to the discontented. Some others … expect to hear, … that a real amelioration of the Constitution was not so much intended, as a soporific draught to the restless. I believe, indeed," declared Randolph, "that nothing – nay, not even the abolishment of direct taxation – would satisfy those who are most clamorous."147

      The

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