82
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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