John Marshall. the same State? Can they go beyond the delegated powers? If they were to make a law not warranted by any of the powers enumerated, it would be considered by the Judges as an infringement of the Constitu tion which they are to guard. They would not consider such a law as coming under their jurisdiction,— they would declare it void." Further on I quote, "with respect to dis putes between a State and the citizens of an other State — its jurisdiction has been de cried with unusual vehemence. I hope no gentleman will think a State will be called at the bar of a Federal Court. Is there no such case at present? Are there not many cases in which the Legislature of Virginia is a party and yet the State is not sued? It is not rational to suppose that the sovereign power shall be dragged before a court. The intent is to enable States to recover claims of individuals residing in other States. I contend this construction is warranted by the words." It may be doubted whether the Supreme Court at the time of the decision of Chisholm r. Georgia had these views of the great Chief Justice before them, though Mr. Hamilton's views in the 8ist number of the Federalist were in accord with them. While it cannot be said in justice that Tudge Marshall vas the leader of the Consti tutional forces in this convention, it can with truth be affirmed that on the subjects which he discussed he displayed the same abilities for which he was afterwards so justly dis tinguished, and won the respect and admira tion of all of his colleagues. When by the narrow margin of ten votes, in a total of 180, the Constitution was ratified and a commit tee was appointed by the President to report a form of ratification, we find his name on that committee with Governor Randolph, Mr. Nicholas, Mr. Madison and Mr. Corbin as his associates; and, when, in order to meet the views of the large minority of the con vention and quiet their fears, a committee was appointed to prepare and report such amendments as should be deemed necessary,
171
we find Judge Marshall's name on that com mittee associated with George Wythe, Ben jamin Harrison, Patrick Henry, Edmund Randolph, George Mason, James Madison, John Tyler, James Monroe, Richard Bland, John Blair and others. And so on the 271)1 of June, 1788, the Constitution was ratified by the convention. As we look back upon the great record which he was permitted to make for a third of a century in expounding the instrument which he exhorted the people of Virginia to adopt, it may well be doubted whether that instrument would ever have been ratified by the people of Virginia in so close a con test had John Marshall been its foe instead of its friend; and as we view the history and development of our country in its mutation of parties, and the advancement of this re markable people in every department of human endeavor, it may well be doubted if he ever did a greater service to the country than in throwing the weight of his great influence in favor of the adoption of the Con stitution.1 THE JAY TREATY.
A commercial treaty had been negotiated with Great Britain. The Republicans de nounced it as an abject surrender of the in terests of the country into the hands of an aggressive and arrogant foe. Besides the commercial objections to it, its constitution ality was questioned. It had been negotiated by our Minister to Great Britain under the direction of the Executive, and after a long and bitter debate had been ratified by the Senate. It was not referred to the House of Representatives for its concurrent action in any aspect. It was argued with great passion that this was a gross usurpation on the part of the President and Senate of the pow ers of the House, because the Constitution vested in Congress the power to regulate commerce with foreign nations, and further provided that all revenue bills should origi nate in the House; both of which provisions 1 Professor Henry St. George Tucker.
