maintaining the public credit, of managing national affairs, and of dealing with force and authority with international questions, became established; a conviction to which he adhered with warmth and constancy, and to which is probably due the confidence of Washington and Adams, and the life-long friendship of Hamilton. In 1788 he was a member of the Virginia Constitutional Con vention, and therein acted as the lieutenant of Madison in the advocacy of the adoption of the National Constitution, and seconded that statesman's efforts to a material extent. His principal contributions to the delibera tions were on the subjects of taxation, the power of the Congress to provide for the organizing of the militia, and the judicial power conferred upon the Federal govern ment. After the adoption of the Constitu tion of the United States, the party opposed to it in Virginia was so strong that Marshall felt obliged to continue a member of the legislature for two years, where he did yeo man service in support of the administra tion of Washington. In 1795 he was again elected to the legislature, against his wishes and without his consent, where his support of the commercial treaty with England nego tiated by John Jay, earned for him such a national reputation, that, upon the death of the attorney-general, Mr. Bradford, Wash ington tendered him the vacant place. This Marshall declined upon the ground that it would interfere with his engagements at the bar. The following year he was offered by Washington the embassy at Paris, but he again declined to enter the national service. In 1797, however, upon the rejection by France of Mr. Pinckney as minister to that country, President Adams named Marshall as one of the three commissioners to attempt to adjust the differences between the two countries. Marshall did not feel at liberty to decline this mission, and together with Pinckney and Gerry conducted the abortive negotiations at Paris with M. Talleyrand, which resulted in the infamous XYZ letters. That chapter is, perhaps, the most curious in
all our diplomatic history, and it is due to John Marshall, who wrote the unanswerable letters to M. Talleyrand, that our share in it was conducted with such dignity and spirit, that, although unsuccessful in the objects sought, it aroused so great public enthusiasm at home that the designs 'of France were absolutely checked. Mr. Marshall arrived at New York on his return on the seven teenth of June, 1798, where he was received with enthusiasm, and at Philadelphia a pub lic dinner was tendered to -him by both Houses of Congress, at which the sentiment was offered: "Millions for defence, but not a cent for tribute.1' Marshall's reputation was now firmly es tablished, and he returned to Richmond in the hope of resuming his practice at the bar, having declined the place upon the Supreme bench made vacant by the death of Mr. Jus tice Wilson, which place was afterwards offered to and accepted by Mr. Justice Washington. But his determination to re main at the bar was frustrated by the earnest solicitation of General Washington, who urged it upon him as a patriotic duty to stand for Congress. This he reluctantly con sented to do, and he was elected after a cam paign of much bitterness and calumny. Upon taking his seat in December he drafted the answer to the President's speech, as chairman of the committee appointed for that purpose, and on the nineteenth of December performed the melancholy duty of announcing to the House the death of Washington, whom he apostrophized as "The hero, the sage and the patriot of Amer ica, — the man on whom, in times of danger, every eye was turned and all hopes were placed. During this session of Congress he steadfastly supported the administration of President Adams, except in voting for the repeal of the clause of the sedition act relat ing to seditious libels, and he added mate rially to his reputation by his successful defence of the President's surrender to the British authorities of Thomas Nash, who had committed murder on the high seas on
