neral Washington in the
place of Jay, who resigned, and in 1799 John Adams sent Ellsworth as an
envoy to France to try to negotiate a treaty which should reestablish
peace between the two countries. Ellsworth succeeded in his mission, but
the hardships of his journey injured his health, and he, in turn,
resigned in the autumn of 1800. Then Adams offered the Chief Justiceship
to Jay, but Jay would not return to office, and after this the President
selected his Secretary of State, John Marshall, one of the greatest of
the great Virginians, but one of Jefferson's most irreconcilable
enemies. Perhaps at no moment in his life did John Adams demonstrate his
legal genius more convincingly than in this remarkable nomination. Yet
it must be conceded that, in making John Marshall Chief Justice, John
Adams deliberately chose the man whom, of all his countrymen, he thought
to be the most formidable champion of those views which he himself
entertained, and which he conceived that he had been elected President
to advance. Nor was John Adams deceived. For thirty-four years John
Marshall labored ceaselessly to counteract Jefferson's constitutional
principles, while Jefferson always denounced the political partiality of
the federal courts, and above all the "rancorous hatred which Marshall
bears to the government of his country, and ... the cunning and
sophistry within which he is able to enshroud himself."[11]

No one, at this day, would be disposed to dispute that the Constitution,
as a device to postpone war among the states, at least for a period, was
successful, and that, as I have already pointed out, during the
tentative interval which extended until Appomattox, the Supreme Court
served perhaps as well, in ordinary times, as an arbiter between the
states and the general government, as any which could have been
suggested. So much may be conceded, and yet it remains true, as the
record will show, that when it passed this point and entered into
factional strife, the Supreme Court somewhat lamentably failed, probably
injuring itself and popular respect for law, far more by its errors,
than it aided the Union by its political adjudications.

Although John Marshall, by common consent, ranks as one of the greatest
and purest of Americans, yet even Marshall had human weaknesses, one of
which was a really unreasonable antipathy to Thomas Jefferson; an
antipathy which, I surmise, must, when Jefferson was inaugurated, have
verged upon cont