In May, 1800, Mr. Adams offered Marshall a seat in his Cabinet as Secretary of War, but before he could enter upon the duties of that office he was made Secretary of State, in which capacity he acted for a short while, conducting several important negotiations during that time, and leaving behind him several of the most magnificent state papers to be found in our archives. During his occupancy of this position, it became necessary to appoint a Chief Justice of the United States, and Marshall took advantage of the occasion to urge upon the President the propriety of tendering the place to a distinguished gentleman who had been a faithful friend to the Administration; but Mr. Adams quietly informed him that he had made up his mind to confer the honor upon the man best suited to it, and that he had sent to the Senate the name of John Marshall, of Virginia. This appointment, which came to him entirely unsolicited, was made on the 31st of January, 1801, and was unanimously confirmed by the Senate.
He held the position of Chief Justice for more than thirty-four years, and this period is justly regarded as the most brilliant portion of the history of our highest court, a court of which a famous judge has said:
“The decisions of the Supreme Court of the United States have raised the renown of the country not less than they have confirmed the Constitution. In all parts of the world its judgments are spoken of with respect. Its adjudications of prize law are a code for all future time. Upon commercial law it has brought us nearly to one system, befitting the probity of a great commercial nation. Over its whole path, learning and intelligence and integrity have shed their combined luster.”
Although holding so high a post in the General Government, he continued to take a warm interest in the affairs of his native State, and in 1828 was a delegate to the Charlottesville Convention, which met for the purpose of recommending to the Legislature a system of internal improvements best suited to the needs of the State. In 1829, he was a member of the Convention which met in Richmond for the purpose of revising the Constitution of the State. Though now quite old and feeble, he took an active part in the debates of the Convention, and was mainly instrumental in effecting the settlement of the disputes between the eastern and western sections of the State.
In 1805, Judge Marshall published, in five volumes, his “Life of Washington.” The first volume was devoted to the history of the Colonies, from their settlement to the commencement of the Revolution. This work has always held the first position in our Revolutionary annals, and won for its author a place in the front rank of American writers. It is, all in all, the best biography of Washington in existence.
Sterling honesty was exemplified in Judge Marshall’s whole career. His word was indeed as good as his bond. He would never argue in behalf of a cause which he had reason to think unjust, and he scorned to take a legal advantage at the expense of moral honesty. He once indorsed a bond to the amount of several thousand dollars. The drawer failed, and Marshall paid it, although he knew he could avoid it, as the holder had forfeited his claim in law by requiring more than legal interest.