season of great political excitement,—it was just after the conclusion of 'Jay's treaty,'—that he should remain abstracted from any participation in public affairs; and they, accordingly, elected him once more to the Legislature; where, if he did not succeed in preventing the adoption of resolutions approving of the votes of the senators from Virginia, against the ratification of the treaty, on the ground of its inexpediency,—to him at least it was in a great measure owing that they did not touch the constitutional objection, and that they disclaimed all intention to censure the motives of the President of the United States (General Washington) in ratifying it. The extraordinary ability displayed at this time by Mr. Marshall obtained for him a conspicuous position in every part of the country, and he came to be regarded as a proper person to fill the highest political offices. Accordingly, he was offered successively the appointments of attorney-general of the United States, and minister to France, (on the recall of Mr. Monroe, in 1796,) both of which he declined. He continued in the Legislature of Virginia, where, however, he participated in the discussions only on important questions of general policy, his attention being for the most part given to his professional business, which had now become very extensive and lucrative. On his refusal to accept of the embassy to France, General Pinckney was appointed in his stead. But the French government (the Directory) having refused to receive the latter, Mr. Adams, who was then the president, deemed it proper to make a last effort to preserve peace with France, by sending a special mission to that country. For this purpose, Mr. Marshall, in conjunction with General Pinckney and Mr. Gerry, was selected; and in the then existing critical posture of our foreign relations, he did not feel himself at liberty, as before, to decline the appointment tendered to him. The mission was unsuccessful, the American envoys not having been even received as such. Their letters, addressed to Talleyrand, the French minister of foreign affairs, are attributed to the pen of Mr. Marshall, and have been applauded as admirable specimens of diplomacy. In the summer of 1798, Mr. Marshall returned to the United States; in 1799, at the urgent request of General Washington, he became a candidate and was elected to Congress; and in 1800, he was appointed secretary of war, and then secretary of state. During the short period that he was in Congress, it is needless to say that he ranked among the ablest of that body, and on all constitutional questions above every other member. 'When he discussed them,' remarks Mr. Binney, in his Eulogy of Mr. Marshall, 'he exhausted them; nothing more remained to be said, and the impression of his argument effaced that of every one else.' The speech which he delivered on the surrender of the person of Jonathan Robbins, on the requisition of the British minister in this country, under a clause of the treaty with Great Britain, upon a charge of murder committed on board a British frigate,—which speech is believed to be the only one that he ever revised,—is thus characterized by the same gentleman: 'It has all the merits, and nearly all the weight, of a judicial sentence. It is throughout inspired by the purest reason, and the most copious and accurate learning. It separates the executive from the judicial power by a line so distinct, and a discrimination so wise, that all can perceive and approve it. It demonstrated that the surrender was an act of political power which belonged to the executive; and by excluding all such power from the grant of the constitution to the judiciary, it pre-
