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Mastering Python forensics : master the art of digital forensics and analysis with Python First Published October 2015 Edition Uhrmann 2024 scribd download

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100% found this document useful (1 vote)
47 views

Mastering Python forensics : master the art of digital forensics and analysis with Python First Published October 2015 Edition Uhrmann 2024 scribd download

Uhrmann

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nyonsekiehne
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© © All Rights Reserved
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Table of Contents
Mastering Python Forensics
Credits
About the Authors
About the Reviewers
www.PacktPub.com
Support files, eBooks, discount offers, and more
Why subscribe?
Free access for Packt account holders
Preface
What this book covers
What you need for this book
Who this book is for
Conventions
Reader feedback
Customer support
Downloading the example code
Errata
Piracy
Questions
1. Setting Up the Lab and Introduction to Python ctypes
Setting up the Lab
Ubuntu
Python virtual environment (virtualenv)
Introduction to Python ctypes
Working with Dynamic Link Libraries
C data types
Defining Unions and Structures
Summary
2. Forensic Algorithms
Algorithms
MD5
SHA256
SSDEEP
Supporting the chain of custody
Creating hash sums of full disk images
Creating hash sums of directory trees
Real-world scenarios
Mobile Malware
NSRLquery
Downloading and installing nsrlsvr
Writing a client for nsrlsvr in Python
Summary
3. Using Python for Windows and Linux Forensics
Analyzing the Windows Event Log
The Windows Event Log
Interesting Events
Parsing the Event Log for IOC
The python-evtx parser
The plaso and log2timeline tools
Analyzing the Windows Registry
Windows Registry Structure
Parsing the Registry for IOC
Connected USB Devices
User histories
Startup programs
System Information
Shim Cache Parser
Implementing Linux specific checks
Checking the integrity of local user credentials
Analyzing file meta information
Understanding inode
Reading basic file metadata with Python
Evaluating POSIX ACLs with Python
Reading file capabilities with Python
Clustering file information
Creating histograms
Advanced histogram techniques
Summary
4. Using Python for Network Forensics
Using Dshell during an investigation
Using Scapy during an investigation
Summary
5. Using Python for Virtualization Forensics
Considering virtualization as a new attack surface
Virtualization as an additional layer of abstraction
Creation of rogue machines
Cloning of systems
Searching for misuse of virtual resources
Detecting rogue network interfaces
Detecting direct hardware access
Using virtualization as a source of evidence
Creating forensic copies of RAM content
Using snapshots as disk images
Capturing network traffic
Summary
6. Using Python for Mobile Forensics
The investigative model for smartphones
Android
Manual Examination
Automated Examination with the help of ADEL
Idea behind the system
Implementation and system workflow
Working with ADEL
Movement profiles
Apple iOS
Getting the Keychain from a jailbroken iDevice
Manual Examination with libimobiledevice
Summary
7. Using Python for Memory Forensics
Understanding Volatility basics
Using Volatility on Android
LiME and the recovery image
Volatility for Android
Reconstructing data for Android
Call history
Keyboard cache
Using Volatility on Linux
Memory acquisition
Volatility for Linux
Reconstructing data for Linux
Analyzing processes and modules
Analyzing networking information
Malware hunting with the help of YARA
Summary
Where to go from here
Index
Mastering Python Forensics
Mastering Python Forensics
Copyright © 2015 Packt Publishing

All rights reserved. No part of this book may be reproduced, stored


in a retrieval system, or transmitted in any form or by any means,
without the prior written permission of the publisher, except in the
case of brief quotations embedded in critical articles or reviews.

Every effort has been made in the preparation of this book to ensure
the accuracy of the information presented. However, the information
contained in this book is sold without warranty, either express or
implied. Neither the authors, nor Packt Publishing, and its dealers
and distributors will be held liable for any damages caused or
alleged to be caused directly or indirectly by this book.

Packt Publishing has endeavored to provide trademark information


about all of the companies and products mentioned in this book by
the appropriate use of capitals. However, Packt Publishing cannot
guarantee the accuracy of this information.

First published: October 2015

Production reference: 1261015

Published by Packt Publishing Ltd.

Livery Place

35 Livery Street

Birmingham B3 2PB, UK.

ISBN 978-1-78398-804-4

www.packtpub.com
Credits
Authors

Dr. Michael Spreitzenbarth

Dr. Johann Uhrmann

Reviewers

Richard Marsden

Puneet Narula

Yves Vandermeer

Commissioning Editor

Kartikey Pandey

Acquisition Editor

Sonali Vernekar

Content Development Editor

Shweta Pant

Technical Editor

Pranil Pathare

Copy Editor

Vibha Shukla

Project Coordinator
Shipra Chawhan

Proofreader

Safis Editing

Indexer

Mariammal Chettiyar

Production Coordinator

Arvindkumar Gupta

Cover Work

Arvindkumar Gupta
About the Authors
Dr. Michael Spreitzenbarth holds a degree of doctor of
engineering in IT security from the University of Erlangen-
Nuremberg and is a CISSP as well as a GMOB. He has been an IT
security consultant at a worldwide operating CERT for more than
three years and has worked as a freelancer in the field of mobile
phone forensics, malware analysis, and IT security consultancy for
more than six years. Since the last four years, he has been giving
talks and lectures in the fields of forensics and mobile security at
various universities and in the private sector.

I would like to thank everyone who has encouraged me while


writing this book, especially my wife for her great support. I
would also like to thank all the authors of the used open source
tools— without your help, this book wouldn't have been possible.

Dr. Johann Uhrmann holds a degree in computer science from the


University of Applied Sciences Landshut and a doctor of engineering
from the University of the German Federal Armed Forces. He has
more than ten years of experience in software development, which
includes working for start-ups, institutional research, and corporate
environment. Johann has several years of experience in incident
handling and IT governance, focusing on Linux and Cloud
environments.

First of all, I would like to thank my wife, Daniela, for her moral
support and willingness to give up on some family time while I
was writing. I also would like to thank my coauthor and
colleague, Dr. Michael Spreitzenbarth, for talking me into writing
this book and handling a great deal of the organizational
overhead of such a project. Furthermore, the great people
working on all the open source software projects that we used
and mentioned in this book deserve credit. You are the guys who
keep the IT world spinning.
About the Reviewers
Richard Marsden has over twenty years of professional experience
in software development. After starting in the fields of geophysics
and oil exploration, he has spent the last twelve years running the
Winwaed Software Technology LLC, an independent software vendor.
Winwaed specializes in geospatial tools and applications, which
include web applications, and operates the http://www.mapping-
tools.com website for tools and add-ins for geospatial products, such
as Caliper's Maptitude and Microsoft's MapPoint.

Richard was also a technical reviewer for Python Geospatial


Development, and Python Geospatial Analysis Essentials, both
written by Erik Westra, Packt Publishing.

Puneet Narula is currently working as PPC Data Analyst with


Hostelworld.com Ltd (http://www.hostelworld.com/), Dublin, Ireland,
where he analyzes massive clickstream data from direct and affiliate
sources and provides insight to the digital marketing team. He uses
RapidMiner, R, and Python for the exploratory and predictive
analysis. His areas of expertise are programming in Python and R,
machine learning, data analysis and Tableau.

He started his career in banking and finance and then moved to the
ever growing domain of data and analytics.

He earned MSc in computing (data analytics) from Dublin Institute of


Technology, Dublin, Ireland. He has reviewed the books: Python
Data Analysis, by Ivan Idris, Packt Publishing and Python Geospatial
Analysis Essentials, by Erik Westra, Packt Publishing.

Yves Vandermeer is a police officer working for the Belgian


Federal Police. He has been involved in major investigations since
1997, where he contributed to recovering digital evidence. Owning a
MSc in computer forensics, Yves is also a trainer on several topics
such as filesystems and network forensics for several law
enforcement agencies.

Chairing the European Cybercrime Training and Education Group,


E.C.T.E.G., since 2013, Yves supports the creation of training
materials that are focused on the understanding of the concepts
applied in practical exercises.

Using his experience, he developed forensic software tools for law


enforcement and contributed to several advisory groups related to IT
crime and IT forensics.
www.PacktPub.com
Support files, eBooks,
discount offers, and more
For support files and downloads related to your book, please visit
www.PacktPub.com.

Did you know that Packt offers eBook versions of every book
published, with PDF and ePub files available? You can upgrade to the
eBook version at www.PacktPub.com and as a print book customer,
you are entitled to a discount on the eBook copy. Get in touch with
us at <service@packtpub.com> for more details.

At www.PacktPub.com, you can also read a collection of free


technical articles, sign up for a range of free newsletters and receive
exclusive discounts and offers on Packt books and eBooks.

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read Packt's entire library of books.

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Preface
Today, information technology is a part of almost everything that
surrounds us. These are the systems that we wear and that support
us in building and running cities, companies, our personal online
shopping tours, and our friendships. These systems are attractive to
use—and abuse. Consequently, all criminal fields such as theft,
fraud, blackmailing, and so on expanded to the IT. Nowadays, this is
a multi-billion, criminal, global shadow industry.

Can a single person spot traces of criminal or suspicious activity


conducted by a multi-billion, criminal, global shadow industry? Well,
sometimes you can. To analyze the modern crime, you do not need
magnifying glasses and lifting fingerprints off wine bottles. Instead,
we will see how to apply your Python skills to get a close look at the
most promising spots on a file system and take digital fingerprints
from the traces left behind by hackers.

As authors, we believe in the strength of examples over dusty


theory. This is why we provide samples for forensic tooling and
scripts, which are short enough to be understood by the average
Python programmer, yet usable tools and building blocks for real-
world IT forensics.

Are you ready to turn suspicion into hard facts?


What this book covers
Chapter 1, Setting Up the Lab and Introduction to Python ctypes,
covers how to set up your environment to follow the examples that
are provided in this book. We will take a look at the various Python
modules that support our forensic analyses. With ctypes, we provide
the means to go beyond Python modules and leverage the
capabilities of native system libraries.

Chapter 2, Forensic Algorithms, provides you with the digital


equivalent of taking fingerprints. Just like in the case of classic
fingerprints, we will show you how to compare the digital
fingerprints with a huge registry of the known good and bad
samples. This will support you in focusing your analysis and
providing a proof of forensical soundness.

Chapter 3, Using Python for Windows and Linux Forensics, is the first
step on your journey to understanding digital evidence. We will
provide examples to detect signs of compromise on Windows and
Linux systems. We will conclude the chapter with an example on
how to use machine learning algorithms in the forensic analysis.

Chapter 4, Using Python for Network Forensics, is all about capturing


and analyzing network traffic. With the provided tools, you can
search and analyze the network traffic for signs of exfiltration or
signature of malware communication.

Chapter 5, Using Python for Virtualization Forensics, explains how


modern virtualization concepts can be used by the attacker and
forensic analyst. Consequently, we will show how to find traces of
malicious behavior on the hypervisor level and utilize the
virtualization layer as a reliable source of forensic data.

Chapter 6, Using Python for Mobile Forensics, will give you an insight
on how to retrieve and analyze forensic data from mobile devices.
The examples will include analyzing Android devices as well as Apple
iOS devices.

Chapter 7, Using Python for Memory Forensics, demonstrates how to


retrieve memory snapshots and analyze these RAM images
forensically with Linux and Android. With the help of tools such as
LiME and Volatility, we will demonstrate how to extract information
from the system memory.
What you need for this book
All you need for this book is a Linux workstation with a Python 2.7
environment and a working Internet connection. Chapter 1, Setting
Up the Lab and Introduction to Python ctypes, will guide you
through the installation of the additional Python modules and tools.
All of our used tools are freely available from the Internet. The
source code of our samples is available from Packt Publishing.

To follow the examples of Chapter 5, Using Python for Virtualization


Forensics, you may want to set up a virtualization environment with
VMware vSphere. The required software is available from VMware as
time-limited trial version without any functional constraints.

While not strictly required, we recommend trying some of the


examples of Chapter 6, Using Python for Mobile Forensics, on
discarded mobile devices. For your first experiments, please refrain
from using personal or business phones that are actually in use.
Who this book is for
This book is for IT administrators, IT operations, and analysts who
want to gain profound skills in the collection and analysis of digital
evidence. If you are already a forensic expert, this book will help you
to expand your knowledge in new areas such as virtualization or
mobile devices.

To get the most out of this book, you should have decent skills in
Python and understand at least some inner workings of your forensic
targets. For example, some file system details.
Conventions
In this book, you will find a number of text styles that distinguish
between different kinds of information. Here are some examples of
these styles and an explanation of their meaning.

Code words in text, database table names, folder names, filenames,


file extensions, pathnames, dummy URLs, user input, and Twitter
handles are shown as follows: "Note that in the case of Windows,
msvcrt is the MS standard C library containing most of the standard
C functions and uses the cdecl calling convention (on Linux systems,
the similar library would be libc.so.6)."

A block of code is set as follows:

def multi_hash(filename):
"""Calculates the md5 and sha256 hashes
of the specified file and returns a list
containing the hash sums as hex strings."""

When we wish to draw your attention to a particular part of a code


block, the relevant lines or items are set in bold:

<Event
xmlns="http://schemas.microsoft.com/win/2004/08/ev
ents/event"><System><Provider Name="Microsoft-
Windows-Security-Auditing" Guid="54849625-5478-
4994-a5ba-3e3b0328c30d"></Provider>
<EventID Qualifiers="">4724</EventID>
<Version>0</Version>
<Level>0</Level>
<Task>13824</Task>

Any command-line input or output is written as follows:

user@lab:~$ virtualenv labenv


New python executable in labenv/bin/python
Installing setuptools, pip...done.

New terms and important words are shown in bold. Words that
you see on the screen, for example, in menus or dialog boxes,
appear in the text like this: "When asked to Select System Logs,
ensure that all log types are selected."

Note
Warnings or important notes appear in a box like this.

Tip
Tips and tricks appear like this.
Reader feedback
Feedback from our readers is always welcome. Let us know what
you think about this book—what you liked or disliked. Reader
feedback is important for us as it helps us develop titles that you will
really get the most out of.

To send us general feedback, simply e-mail


<feedback@packtpub.com>, and mention the book's title in the subject
of your message.

If there is a topic that you have expertise in and you are interested
in either writing or contributing to a book, see our author guide at
www.packtpub.com/authors.
Customer support
Now that you are the proud owner of a Packt book, we have a
number of things to help you to get the most from your purchase.

Downloading the example code


You can download the example code files from your account at
http://www.packtpub.com for all the Packt Publishing books you
have purchased. If you purchased this book elsewhere, you can visit
http://www.packtpub.com/support and register to have the files e-
mailed directly to you.

Errata
Although we have taken every care to ensure the accuracy of our
content, mistakes do happen. If you find a mistake in one of our
books—maybe a mistake in the text or the code—we would be
grateful if you could report this to us. By doing so, you can save
other readers from frustration and help us improve subsequent
versions of this book. If you find any errata, please report them by
visiting http://www.packtpub.com/submit-errata, selecting your
book, clicking on the Errata Submission Form link, and entering
the details of your errata. Once your errata are verified, your
submission will be accepted and the errata will be uploaded to our
website or added to any list of existing errata under the Errata
section of that title.

To view the previously submitted errata, go to


https://www.packtpub.com/books/content/support and enter the
name of the book in the search field. The required information will
appear under the Errata section.
Piracy
Piracy of copyrighted material on the Internet is an ongoing problem
across all media. At Packt, we take the protection of our copyright
and licenses very seriously. If you come across any illegal copies of
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We appreciate your help in protecting our authors and our ability to


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Questions
If you have a problem with any aspect of this book, you can contact
us at <questions@packtpub.com>, and we will do our best to address
the problem.
Chapter 1. Setting Up the Lab
and Introduction to Python
ctypes
Cyber Security and Digital Forensics are two topics of increasing
importance. Digital forensics especially, is getting more and more
important, not only during law enforcement investigations, but also
in the field of incident response. During all of the previously
mentioned investigations, it's fundamental to get to know the root
cause of a security breach, malfunction of a system, or a crime.
Digital forensics plays a major role in overcoming these challenges.

In this book, we will teach you how to build your own lab and
perform profound digital forensic investigations, which originate from
a large range of platforms and systems, with the help of Python. We
will start with common Windows and Linux desktop machines, then
move forward to cloud and virtualization platforms, and end up with
mobile phones. We will not only show you how to examine the data
at rest or in transit, but also take a deeper look at the volatile
memory.

Python provides an excellent development platform to build your


own investigative tools because of its decreased complexity,
increased efficiency, large number of third-party libraries, and it's
also easy to read and write. During the journey of reading this book,
you will not only learn how to use the most common Python libraries
and extensions to analyze the evidence, but also how to write your
own scripts and helper tools to work faster on the cases or incidents
with a huge amount of evidence that has to be analyzed.

Let's begin our journey of mastering Python forensics by setting up


our lab environment, followed by a brief introduction of the Python
ctypes.
If you have already worked with Python ctypes and have a working
lab environment, feel free to skip the first chapter and start directly
with one of the other chapters. After the first chapter, the other
chapters are fairly independent of each other and can be read in any
order.

Setting up the Lab


As a base for our scripts and investigations, we need a
comprehensive and powerful lab environment that is able to handle
a large number of different file types and structures as well as
connections to mobile devices. To achieve this goal, we will use the
latest Ubuntu LTS version 14.04.2 and install it in a virtual machine
(VM). Within the following sections, we will explain the setup of the
VM and introduce Python virtualenv, which we will use to establish
our working environment.

Ubuntu
To work in a similar lab environment, we suggest you to download a
copy of the latest Ubuntu LTS Desktop Distribution from
http://www.ubuntu.com/download/desktop/, preferably the 32-bit
version. The distribution provides a simple-to-use UI and already has
the Python 2.7.6 environment installed and preconfigured.
Throughout the book, we will use Python 2.7.x and not the newer
3.x versions. Several examples and case studies in this book will rely
on the tools or libraries that are already a part of the Ubuntu
distribution. When a chapter or section of the book requires a third-
party package or library, we will provide the additional information
on how to install it in the virtualenv (the setup of this environment
will be explained in the next section) or on Ubuntu in general.

For better performance of the system, we recommend that the


virtual machine that is used for the lab has at least 4 GB of volatile
memory and about 40 GB of storage.

Figure 1: The Atom editor

To write your first Python script, you can use a simple editor such as
vi or a powerful but cluttered IDE such as eclipse. As a really
powerful alternative, we would suggest you to use atom, a very
clean but highly customizable editor that can be freely downloaded
from https://atom.io/.
Python virtual environment
(virtualenv)
According to the official Python documentation, Virtual Environment
is a tool to keep the dependencies required by different projects in
separate places by creating virtual Python environments for them. It
solves the "Project X depends on version 1.x, but Project Y needs
4.x" dilemma and keeps your global site-packages directory clean
and manageable.

This is also what we will use in the following chapters to keep a


common environment for all the readers of the book and not run
into any compatibility issues. First of all, we have to install the
virtualenv package. This is done by the following command:

user@lab:~$ pip install virtualenv

We will now create a folder in the users' home directory for our
virtual Python environment. This directory will contain the
executable Python files and a copy of the pip library, which can be
used to install other packages in the environment. The name of the
virtual environment (in our case, it is called labenv) can be of your
choice. Our virtual lab environment can be created by executing the
following command:

user@lab:~$ virtualenv labenv


New python executable in labenv/bin/python
Installing setuptools, pip...done.

To start working with the new lab environment, it first needs to be


activated. This can be done through:

user@lab:~$ source labenv/bin/activate


(labenv)user@lab:~$

Now, you can see that the command prompt starts with the name of
the virtual environment that we activated. From now on, any
package that you install using pip will be placed in the labenv
folder, isolated from the global Python installation in the underlying
Ubuntu.

Throughout the book, we will use this virtual python environment


and install new packages and libraries in it from time to time. So,
every time you try to recap a shown example remember or challenge
to change into the labenv environment before running your scripts.
Exploring the Variety of Random
Documents with Different Content
called by some the philosopher of the Christians, by others the
god of philosophers, was accused by Theopompus of lying, by
Aristophanes of impiety, and by Aulus Gellius of robbery. The
fifth charge is a want of invention. Pliny has alleged the same
thing of Virgil—and surely it is some consolation to know that we
have such excellent company. And last, though not least, is
plagiarism. Here again Naucrates tells us that Homer pillaged
some of his best thoughts from the library at Memphis. It is
recorded, moreover, that Horace plundered from the minor
Greek poets, and Virgil from his great prototype, Homer, as well
as Nicander, and Apollonius Rhodius. Why then should we
trouble ourselves about these sweeping denunciations?"

What a learned man is Morris Mattson, Esq.! He is intimately versed


not only in Horace, Aristotle, Cicero, Plutarch, Virgil, Homer, Plato,
Pliny, and Aristophanes—but (credat Judæus!) in Nicander, Aulus
Gellius, Naucrates, Athenæus, Theopompus, and Apollonius
Rhodius! I. D'Israeli, however, the father of Ben D'Israeli aforesaid, is
(we have no hesitation in saying it,) one of the most scoundrelly
plagiarists in Christendom. He has not scrupled to steal entire
passages verbatim from Paul Ulric! On page 1, vol. ii, second
edition, of 'The Curiosities of Literature,' in a chapter on Titles, we
have all about Dr. Johnson, Le Chevalier Errant, and Mr. Vagabond,
precisely in the language of Mr. Mattson. O thou abandoned robber,
D'Israeli! Here is the sentence. It will be seen, that it corresponds
with the first sentence italicized in the paragraph (above) beginning
'An ill-chosen title, &c.' "The Rambler was so little understood, at the
time of its appearance, that a French Journalist has translated it 'Le
Chevalier Errant,' and a foreigner drank Johnson's health one day,
by innocently addressing him by the appellation of Mr. Vagabond!"
And on page 11, of the same volume, we perceive the following,
which answers to the second sentence italicized in the paragraph
above mentioned. "A collection of passages from the Fathers is
called 'The Shop of the Spiritual Apothecary'—one of these works
bears the elaborate title 'Some fine Baskets baked in the Oven of
Charity, carefully conserved for the Chickens of the Church, the
Sparrows of the Spirit, and the Sweet Swallows of Salvation.'" There
can be no doubt whatever of D'Israeli's having pilfered this thing from
Paul Ulric, for Mr. Mattson having, inadvertently we suppose, written
Baskets for Biscuits, the error is adopted by the plagiarist. But we
have a still more impudent piece of robbery to mention. The whole of
the erudition, and two-thirds of the words in the paragraph above,
beginning 'In the first place we are accused of vulgarity,' &c. is to be
found on page 42, vol. i, second edition, of The 'Curiosities!' Let us
transcribe some of D'Israeli's words in illustration of our remark. We
refer the reader for more particular information to the book itself.

"Horace censures the coarse humor of Plautus—Aristotle


(whose industry composed more than four hundred volumes)
has not been less spared by the critics. Diogenes Laertius,
Cicero and Plutarch have forgotten nothing that can tend to
show his ignorance, his ambition, and his vanity—Socrates,
considered as the wisest, and most moral of men, Cicero
treated as an usurer, and the pedant Athenæus as illiterate—
Plato, who has been called, by Clement of Alexandria, the
Moses of Athens; the philosopher of the Christians by Arnobius,
and the god of philosophers by Cicero; Athenæus accuses of
envy; Theopompus of lying; Suidas of avarice; Aulus Gellius of
robbery; Porphyry of incontinence, and Aristophanes of impiety
—Virgil is destitute of invention, if we are to give credit to Pliny—
Naucrates points out the source (of the Iliad and Odyssey,) in
the library at Memphis, which, according to him, the blind bard
completely pillaged—Horace has been blamed for the free use
he made of the minor Greek poets. Even the author of his
(Virgil's) apology, has confessed that he has stolen, from Homer,
his greatest beauties, from Apollonius Rhodius many of his
pathetic passages, and from Nicander hints for his Georgics."

Well, Mr. Mattson, what have you to say for yourself? Is not I.
D'Israeli the most impudent thief since the days of Prometheus?

In summing up an opinion of Paul Ulric, it is by no means our


intention to mince the matter at all. The book is despicable in every
respect. Such are the works which bring daily discredit upon our
national literature. We have no right to complain of being laughed at
abroad when so villainous a compound, as the thing we now hold in
our hand, of incongruous folly, plagiarism, immorality, inanity, and
bombast, can command at any moment both a puff and a publisher.
To Mr. Mattson himself we have only one word to say before
throwing his book into the fire. Dress it up, good sir, for the nursery,
and call it the "Life and Surprising Adventures of Dingy O'Dirty."
Humph!—Only think of Plato, Pliny, Aristotle, Aristophanes,
Nicander, Aulus Gellius, Naucrates, Athenæus, Theopompus and
Apollonius Rhodius!!

MARTIN'S GAZETTEER.

A New and Comprehensive Gazetteer of Virginia, and the District of


Columbia: containing a copious collection of Geographical,
Statistical, Political, Commercial, Religious, Moral and Miscellaneous
Information, collected and compiled from the most respectable, and
chiefly from original sources; by Joseph Martin. To which is added a
History of Virginia from its first settlement to the year 1754: with an
abstract of the principal events from that period to the independence
of Virginia, written expressly for the work, by a citizen of Virginia.
Charlottesville: Published by Joseph Martin. 1835.

We ought to have noticed this book sooner. Mr. Martin deserves well
of the country for having laid the foundation, amidst numerous
obstacles, of a work of great utility and importance. In his preface, he
disavows all pretension to literary attainment, and claims only the
merit of enterprise and perseverance in the execution of his design.
He is entitled to all the rewards of a bold pioneer, struggling with
pecuniary difficulties, and, we might add, with public indifference, in
amassing a large amount of valuable information—interesting to
almost every man in the Commonwealth. It is one of the evils
attendant upon a high state of political excitement in any country,
that what is really and substantially good, is forgotten or neglected.
The resources of our great Commonwealth are immense, and if we
could once get the public mind into a condition favorable to their full
development, the most important consequences might be expected
to follow. Societies and associations for collecting information in the
various departments of moral and physical science, have abounded
in most countries having the least pretension to civilization; and even
in some of the States of our confederacy, it is known that an
enlightened spirit of inquiry exists on the same subject. Our own
state indeed, boastful as it is of its early history, the renown of some
of its sons, and its abundant natural advantages, has nevertheless,
we are pained to admit, manifested too little of that public spirit which
has animated other communities. Of late, indeed, some signs have
been exhibited of a more liberal and resolute course of action, and
we are not without hope that these efforts will be crowned by highly
useful and practical results.

It is because Mr. Martin has been obliged to rely principally upon


individual contributions, in order to obtain which he must necessarily
have used great diligence, and submitted to much pecuniary
sacrifice, that we think him entitled to a double portion of praise. Few
individuals would, under such circumstances, have incurred the risk
of failure; and our wonder is, not that the work is not perfect, but that,
contending with so many disadvantages, it should have so nearly
accomplished what has been long a desideratum in Virginia
literature. Our limits will not permit any thing like a minute analysis of
its contents. The arrangement of the volume strikes us as superior to
the ordinary alphabetical plan; and although there is much repetition
even in its present form, much more we think has been avoided.
That part of the General Description of the State, which especially
treats of the climate, is admirably well written; and, considering the
scantiness of the author's materials, owing to the general neglect of
meteorological observations in Virginia, his reasoning is clear,
forcible, and philosophical. In the Sketch which is given of the county
of Louisa, we think we can recognize a pen which has not
unfrequently adorned the pages of the "Messenger"—and the
History of the State from its earliest settlement, appended to the
work, is written with vigor and ability, and, as far as we can judge,
with accuracy. If Mr. Martin is sustained by public liberality, which we
earnestly hope will be the case, he will not only be enabled, in the
next edition, to correct such imperfections as may be found to exist
in the present, but to engraft a large amount of additional
information, derived from authentic sources. The report of Professor
Rogers, for example, on the Geology of Virginia, made to the present
Legislature, will shed much light on the mineral resources of the
State; and the report of the President and Directors of the Literary
Fund, embracing as it does, detailed information with respect to all
our literary institutions, will greatly illustrate the means in operation
for diffusing the blessings and benefits of education. The statistical
tables, too, can be revised and corrected in another edition; and we
doubt not that many individuals into whose hands the work may fall,
will voluntarily contribute such suggestions and improvements as
their means of information will authorize. Such a work to the man of
business, and to the traveller, and indeed to the general reader, is
invaluable, and we heartily recommend it to public patronage.

ROSE-HILL.

Rose-Hill: A Tale of the Old Dominion. By a Virginian. Philadelphia:


Key & Biddle.

This is an unpretending little duodecimo of about two hundred


pages. It embraces some events connected with two (fictitious)
families in the Western section of Virginia during the Revolution. The
chief merit of the work consists in a vein of piety and strict morality
pervading its pages. The story itself is interesting, but not very well
put together, while the style might be amended in many respects.
We wish the book, however, every success.

CHIEF JUSTICE MARSHALL.

1. An Eulogy on the Life and Character of John Marshall. Delivered


at the request of the Councils of Philadelphia, on the 24th of
September, 1835. By Horace Binney. pp. 55.
2. A Discourse on the Life, &c. of John Marshall, L.L.D. Pronounced
on the 15th of October, 1835, at the request of the Suffolk Bar
(Boston.) By Joseph Story, L.L.D., and published at their request, pp.
70.

3. An Oration on the Life and Character of John Marshall, late Chief


Justice of the United States, pronounced before the Citizens of
Alexandria, D. C. August 12, 1835. By Edgar Snowden. Published by
request of the Committee of Arrangements.1
1 The late hour at which we have received this pamphlet, has prevented us from
speaking as fully as we intended of its distinguished merits. It would have given us
great pleasure to have embodied, in the text of this article, portions of Mr. Snowden's
Oration—an Oration justly entitled to companionship with the Discourse of Judge
Story, and the Eulogy of Mr. Binney. We must now, however, at this late day, confine
ourselves to a general expression of commendation, and a short extract from the
conclusion of the Oration.

"But the 'good' of Marshall is not interred with his bones. It lives after him, and will live
after him in all time to come. The incense of virtue which he burned upon his country's
altar, will continue to rise to heaven, and diffuse itself throughout the land for all
following generations. When our children shall read the story of his life, they will find it
one which, in its purity and beauty, cannot be surpassed by the history of any other
man of our age. And who can calculate the extent of the influence of such a character
upon the hearts and minds of this people, and even upon the future destinies of this
country, in regulating the dispositions of those who aspire and those who are called to
the high places of the nation? Who can say that it will not pervade the moral
atmosphere, so as to correct many of those evil tendencies which we now see
constantly developing themselves. We want such men as Marshall to rise up in our
midst, and shed around the chastened light of their influence. The glare of military
fame, and the glittering trappings of power, dazzle but too often to delude those who
gaze at them with admiration. But upon the mellow radiance of his virtues we can all
look with unclouded eyes—we can all dwell with unmingled satisfaction."

A formal criticism upon these discourses, is the least of our


intentions in placing them at the head of this article. Not that they are
either unworthy of criticism, or incapable of abiding its test: but that,
slight and unpretending as they are in their form and guise, the
consideration which their uncommon literary merits would otherwise
ensure them, is in great part lost, in the overshadowing magnitude of
their subject. To be engrossed by beauties or defects (if there are
defects) in the style of a shilling pamphlet, when its theme is "the
Life, Character and Services" of one who blended the benevolence
and purity of Hale, the piercing and comprehensive genius of
Mansfield, and the logical power of Erskine; and who, in the majestic
simplicity of varied yet harmonious greatness, as we verily believe, is
next to Washington; would be to imitate Seneca's grammarian, who
in reading Virgil, thinks only of longs and shorts—disregarding all the
charms of incident, and all the glories of imagery. What we have to
say of the discourses, therefore, shall be little more, than that they
are worthy of their authors; who by these productions, if THESE stood
alone, have shown minds proof against the cramping tendencies of a
profession, so much better fitted (according to Mr. Burke) to quicken
and invigorate, than to open and liberalize the intellect. All of them
have given narratives, crowded with interesting particulars; and,
what might not have been expected from his less intimate
association with the deceased, Mr. Binney seems to have acquired a
larger store of these, than Judge Story. The latter, however, (what
might have been as little expected from his grave judicial station, so
long occupied) has adorned his pages more highly, with the flowers
and graces of style.

But our main design in bringing them before our readers, is to


present, at the smallest possible expense of labor to ourselves, an
outline of his life, and a just view of his character, whose talents and
virtues they have both so successfully commemorated. With this
intent, we purpose making large extracts from the discourses; and
even where we do not literally quote, we are willing to be regarded
as merely paraphrasing them,—for by far the most of the incidents
we are about to give, are drawn from no other source. We agree,
with Lord Bacon, that in general, it is "only the meaner sort of books"
that should be thus hashed and read at second-hand; and that
"distilled books are, like common distilled waters, flashy things." But
stinted time and space oblige us here to be content with a
rifacimento, in which we trust our readers may still find much of the
savor of the viands whence we make our extracts.

JOHN MARSHALL was born Sept. 24th, 1755, in Fauquier County,


Virginia—a little more than two months after Braddock's defeat; and
was the eldest of fifteen children, of Thomas Marshall, who was a
colonel in the continental line of the Revolutionary Army, remarkable
for courage, and for strength of mind. His courage was signalized at
the Battles of Trenton and Brandywine; his regiment, at the latter,
bearing the brunt of the attacking column led by Cornwallis in
person. Though greatly outnumbered, it "maintained its position
without losing an inch of ground, until both its flanks were turned, its
ammunition nearly expended, and more than half the officers and
one third of the soldiers were killed or wounded. Col. Marshall,
whose horse had received two balls, then retired in good order to
resume his position on the right of his division, but it had already
retreated."2 The heroism of such a father, could not be lost upon the
son.
2 1. Marshall's Washington, 158.

The sparsely peopled region in which he lived, co-operating with a


narrow fortune, afforded Col. Marshall but little opportunity for
sending his children to school; and he was compelled to be almost
exclusively himself their teacher. In his eldest son he early implanted
a taste for English literature; "especially for poetry and history." At
the age of twelve, John had transcribed the whole of Pope's Essay
on Man, and some of his Moral Essays; and had committed to
memory many of the most interesting passages of that distinguished
poet.

"The love of poetry, thus awakened in his warm and vigorous


mind, soon exerted a commanding influence over it. He became
enamored of the classical writers of the old English school, of
Milton, and Shakspeare, and Dryden, and Pope; and was
instructed by their solid sense and beautiful imagery. In the
enthusiasm of youth, he often indulged himself in poetical
compositions, and freely gave up his leisure hours to those
delicious dreamings with the muses, which (say what we may)
constitute with many the purest source of pleasure in the gayer
scenes of life, and the sweetest consolation in the hours of
adversity.

"One of the best recommendations, indeed, of the early


cultivation of a taste for poetry, and the kindred branches of
literature, is, that it does not expire with youth. It affords to
maturer years a refreshing relaxation from the severe cares of
business, and to old age a quiet and welcome employment,
always within reach, and always bringing with it, if not the
charms of novelty, at least the soothing reminiscences of other
days. The votary of the muses may not always tread upon
enchanted ground; but the gentle influences of fiction and song
will steal over his thoughts, and breathe, as it were, into his soul
the fragrance of a second spring of life.

"Throughout the whole of his life, and down to its very close, Mr.
Marshall continued to cultivate a taste for general literature, and
especially for those departments of it, which had been the
favorite studies of his youth. He was familiar with all its light, as
well as its more recondite, productions. He read with intense
interest, as his leisure would allow, all the higher literature of
modern times; and, especially, the works of the great masters of
the art were his constant delight."—[Judge Story.]

The entire compatibility of such a love for elegant literature with "the
severe logic and closeness of thought, which belonged to" Judge
Marshall's character, is well vindicated by Judge Story's
observations, as well as by many illustrious examples. Among them
may be named William Wirt. The flowery complexion of his writings,
his evident delight in works of fancy, and the extraordinary graces of
his oratory, made the multitude believe him to be "of imagination all
compact." But he was in truth far more profoundly versed in the dry,
intricate lore of his profession, and by far more capable of thridding
its nicest subtleties, than thousands, whose whole minds have been
occupied with its "mystic, dark, discordant" tomes. We have been
told by one who knew him intimately, that there were few harder
students than Mr. Wirt: and that our informant had known him
repeatedly sit for six or seven hours at a time, intensely engaged in
examining a single question of law; and this too, at a period of his life
when the world thought him little more than a frothy declaimer, a
spouter of poetry, and an inditer of light newspaper essays. But to
return—Judge Story presents us most pleasing views of Col.
Marshall's character, derived from conversations with his more
distinguished son:

"I have often heard the Chief Justice speak of him in terms of the
deepest affection and reverence."... "Indeed, he never named his
father, without dwelling on his character with a fond and winning
enthusiasm. It was a theme, on which he broke out with
spontaneous eloquence; and in the spirit of the most persuasive
confidence, he would delight to expatiate on his virtues and talents.
'My father,' he would say with kindled feelings and emphasis, 'my
father was a far abler man than any of his sons. To him I owe the
solid foundation of all my own success in life.' Such praise from such
lips is inexpressibly precious. I know not whether it be most
honorable to the parent, or to the child. It warms, while it elevates
our admiration of both."

There is great truth in the remark, that children reared among


numerous brothers and sisters are the more apt, on that account, to
make good men and women. The kindly affections are more
exercised; emulation, tempered by such love as prevents its
festering into malignity, stimulates to greater activity of body and of
mind; each one has less expectation of hereditary fortune—that
great palsier of useful energies; and each comes in for less of that
parental fondness, which, when concentrated upon one, or two, or
three children, so often spoils their characters, and embitters their
lives. To the influence of this truth upon young Marshall's destinies,
add the judicious training and admirable example of an intelligent
father, and the hardy, active life he led, in a wild and mountainous
region abounding in game—and many of the best traits in his
character, as well as much of his subsequent eminence, are at once
accounted for.

At fourteen, he was sent to Westmoreland, one hundred miles off,


where for a year he was instructed in Latin by a clergyman named
Campbell, and where James Monroe was one of his fellow students.
Returning then to his father's house, he, for another year, received
instruction in Latin from a Scotch clergyman named Thompson; "and
this was the whole of the classical tuition he ever obtained."3 By the
assistance of his father, however, and the persevering efforts of his
own mind, he continued to enlarge his knowledge, while he
strengthened his body by "hardy, athletic exercises in the open air.
He engaged in field sports; he wandered in the deep woods; he
indulged his solitary meditations amidst the wildest scenery of
nature; he delighted to brush away the earliest dew of the
morning."... "It was to these early habits in a mountainous region,
that he probably owed that robust and vigorous constitution, which
carried him almost to the close of his life with the freshness and
firmness of manhood."4
3 Mr. Binney.

4 Judge Story.

About his eighteenth year, when he had commenced the study of the
Law, the lowering aspect of affairs between the Colonies and Great
Britain attracted his notice, and he devoted himself chiefly to the
acquiring of military skill, in a volunteer corps of the neighborhood. At
length news came, of the battle of Lexington. A militia company, in
which he held a commission, was ordered to assemble at a place ten
miles from his father's house. Mr. Binney says, "A kinsman and
contemporary, who was an eye witness of this scene, has thus
described it to me:—"

"It was in May, 1775. He was then a youth of nineteen. The


muster field was some twenty miles distant from the Court
House, and a section of country peopled by tillers of the earth.
Rumors of the occurrences near Boston, had circulated with the
effect of alarm and agitation, but without the means of
ascertaining the truth, for not a newspaper was printed nearer
than Williamsburg, nor was one taken within the bounds of the
militia company, though large. The Captain had called the
company together, and was expected to attend, but did not.
John Marshall had been appointed Lieutenant to it. His father
had formerly commanded it. Soon after Lieutenant Marshall's
appearance on the ground, those who knew him clustered about
him to greet him, others from curiosity and to hear the news.

"He proceeded to inform the company that the Captain would


not be there, and that he had been appointed Lieutenant instead
of a better:—that he had come to meet them as fellow soldiers,
who were likely to be called on to defend their country, and their
own rights and liberties invaded by the British:—that there had
been a battle at Lexington in Massachusetts, between the
British and Americans, in which the Americans were victorious,
but that more fighting was expected:—that soldiers were called
for, and that it was time to brighten their fire arms, and learn to
use them in the field;—and that if they would fall into a single
line, he would show them the new manual exercise, for which
purpose he had brought his gun,—bringing it up to his shoulder.
The sergeants put the men in line, and their fugleman presented
himself in front to the right. His figure, says his venerable
kinsman, I have now before me. He was about six feet high,
straight and rather slender, of dark complexion—showing little if
any rosy red, yet good health, the outline of the face nearly a
circle, and within that, eyes dark to blackness, strong and
penetrating, beaming with intelligence and good nature; an
upright forehead, rather low, was terminated in a horizontal line
by a mass of raven-black hair of unusual thickness and strength
—the features of the face were in harmony with this outline, and
the temples fully developed. The result of this combination was
interesting and very agreeable. The body and limbs indicated
agility, rather than strength, in which, however, he was by no
means deficient. He wore a purple or pale-blue hunting-shirt,
and trowsers of the same material fringed with white. A round
black hat, mounted with the bucks-tail for a cockade, crowned
the figure and the man.

"He went through the manual exercise by word and motion


deliberately pronounced and performed, in the presence of the
company, before he required the men to imitate him; and then
proceeded to exercise them, with the most perfect temper.
Never did man possess a temper more happy, or if otherwise,
more subdued or better disciplined.

"After a few lessons, the company were dismissed, and


informed that if they wished to hear more about the war, and
would form a circle around him, he would tell them what he
understood about it. The circle was formed, and he addressed
the company for something like an hour. I remember, for I was
near him, that he spoke at the close of his speech of the Minute
Battalion, about to be raised, and said he was going into it, and
expected to be joined by many of his hearers. He then
challenged an acquaintance to a game of quoits, and they
closed the day with foot races, and other athletic exercises, at
which there was no betting. He had walked ten miles to the
muster field, and returned the same distance on foot to his
father's house at Oak Hill, where he arrived a little after sunset."

"This is a portrait," to which, as we can testify with Mr. Binney, "in


simplicity, gaiety of heart, and manliness of spirit," John Marshall
"never lost his resemblance. All who knew him well, will recognize its
truth to nature."

In the summer of 1775, he was appointed a Lieutenant in the


"Minute Battalion;" and having been sent, in the next autumn, to
defend the country around Norfolk against a predatory force under
Lord Dunmore, he, on the 9th of December, had a full and honorable
share in the successful action at the Great Bridge, which resulted in
Lord D.'s defeat, and flight to his ships. In July 1776, being made
lieutenant in the 11th Virginia Regiment in the Continental Service,
he marched to the Middle States, where, in May 1777, he was
promoted to a captaincy. Remaining constantly in service from this
time until the close of 1779, he participated largely and actively in the
most trying difficulties of the darkest period of the Revolution. He
was in the skirmish at Iron Hill, and the battles of Brandywine,
Germantown, and Monmouth. "He was one of that body of men,
never surpassed in the history of the world, who, unpaid, unclothed,
unfed,—tracked the snows of Valley Forge with the blood of their
footsteps in the rigorous winter of 1778, and yet turned not their
faces from their country in resentment, or from their enemies in
fear."5 Acting often as Deputy Judge Advocate, he formed a wide
acquaintance and influence among his brother officers. "I myself,"
says Judge Story, "have often heard him spoken of by these
veterans in terms of the highest praise. In an especial manner, the
officers of the Virginia Line, (now, 'few and faint, but fearless still')
appeared almost to idolize him." During this period of his service he
became acquainted with Gen. Washington and Col. Hamilton.
5 Mr. Binney.

In the winter of 1779, Captain Marshall was sent to Virginia as a


supernumerary, to take the command of such men as the State
Legislature might entrust to him. He used this opportunity, to attend a
course of Law-Lectures, delivered by Mr. (afterwards Chancellor)
Wythe, in William & Mary College; and Mr. (afterwards Bishop)
Madison's Lectures on Natural Philosophy. In the following summer,
he was licensed to practise Law; and in October, rejoined the army. It
was probably on this occasion, that he went on foot from Virginia to
Philadelphia, in order to be inoculated for the small pox; travelling at
the rate of thirty-five miles daily. On his arrival, (as we learn from one
to whom he related the incident,) he was refused admittance into
one of the hotels, on account of his long beard and shabby clothing.
He continued in the army till the end of Arnold's invasion of Virginia;
when, there being still a redundancy of officers in the Virginia line, he
resigned his commission, and devoted himself to his Law studies.
The courts were then silenced in Virginia, by the tumult of War. As
soon as they were opened, after the capture of Cornwallis, Mr.
Marshall commenced practice.
"But a short time elapsed after his appearance at the bar of
Virginia, before he attracted the notice of the public. His
placidity, moderation, and calmness, irresistibly won the esteem
of men, and invited them to intercourse with him;—his
benevolent heart, and his serene and at times joyous temper,
made him the cherished companion of his friends;—his candor
and integrity attracted the confidence of the bar;—and that
extraordinary comprehension and grasp of mind, by which
difficulties were seized and overcome without effort or parade,
commanded the attention and respect of the Courts of Justice.
This is the traditionary account of the first professional years of
John Marshall. He accordingly rose rapidly to distinction, and to
a distinction which nobody envied, because he seemed neither
to wish it, nor to be conscious of it himself."6
6 Mr. Binney.

In April 1782, he was chosen a member of the House of Delegates,


in the Virginia Legislature; and in the next autumn, of the Executive
Council. In January 1783, he married Miss Ambler, daughter of
Jacquelin Ambler, then Treasurer of Virginia. To this lady he had
become attached while in the army; and their union of nearly fifty
years, amid the most devoted affection, was broken by her death,
about three years before his own. Having fixed his residence in
Richmond, he resigned his seat in the Council, the more closely to
pursue his profession; but his friends and former constituents in
Fauquier, nevertheless, elected him again to represent them in the
Legislature. In 1787, he was chosen to represent the city of
Richmond.

Times of civil trouble had now come, teeming with dangers hardly
less than those which had beset the country ten years before. The
Confederation, by which the States were united, was found too
feeble a bond of union, and a still feebler means of concurrent
action. It could resolve, legislate, and make requisitions upon the
States; but had no power to effectuate its resolutions, laws, or
requisitions. It could contract debts, but not lay taxes of any kind to
pay them. It could declare war, but not raise armies to wage it. It
could make treaties, but not so as to regulate commerce—perhaps
the most frequent and important aim of treaties. Each State had the
determining of its own scale of duties on imports; the power of
coining money, and of emitting paper-money at pleasure: conflicting
revenue-laws, therefore, and a disordered currency, made
"confusion worse confounded." The public debt, incurred by the
revolution, was unpaid. More than three hundred millions of
continental paper money were unredeemed; and having depreciated
to the value of one dollar for every hundred, had ceased to circulate.
Public credit was nearly at an end: private credit, by the frequent
violation of contracts, was at an equally low ebb: the administration
of civil justice was suspended, sometimes by the wilful delinquency
of the courts, sometimes by state-laws, restraining their proceedings.
Commerce, Agriculture, Manufactures—industry of every kind,—
were crippled. "Laws suspending the collection of debts; insolvent
laws; instalment laws; tender laws; and other expedients of a like
nature, which, every reflecting man knew would only aggravate the
evils, were familiarly adopted, or openly and boldly vindicated.
Popular leaders, as well as men of desperate fortunes, availed
themselves (as is usual on such occasions) of this agitating state of
things to inflame the public mind, and to bring into public odium
those wiser statesmen, who labored to support the public faith, and
to preserve the inviolability of private contracts." To strengthen the
arm of the general government, and invest it with larger powers over
the commerce, the money, and the foreign and mutual relations of
the States—was believed by most people to be the only remedy for
these intolerable evils. Mr. Marshall concurred with Gen.
Washington, Mr. Madison, and the majority of their countrymen, in
approving of this remedy; and as a member of the State Legislature,
advocated the call of a Convention, to revise the Articles of
Confederation. Whether they should be so altered, as to increase
materially the powers of the Federal Government—was a question
which in most of the State Legislatures elicited strenuous debates;
and no where more, than in the Legislature of Virginia. The men of
this day have little idea, how strong were the gusts of discussion at
that momentous period. "It is scarcely possible," says Judge Story,
"to conceive the zeal, and even animosity, with which the opposing
opinions were maintained." The dissolution or continuance of the
Union, was freely discussed: one party boldly advocating the former,
as necessary to prevent the destruction of State-sovereignty; the
other party pleading for UNION, as not only the sole cure for the
immeasurable ills which were then afflicting the land, but as
indispensable to the preservation of Liberty itself, in the several
States. And Union, it was alleged, could not be preserved but by a
more vigorous central government.

Mr. Marshall, not then thirty years old, shared largely in the
discussions which shook both the Legislative hall, and the popular
assemblies, of Virginia, on this great question. Mr. Madison, with
whom he served several years in the House of Delegates, fought
"side by side, and shoulder to shoulder" with him, through the
contest: and "the friendship, thus formed between them, was never
extinguished. The recollection of their co-operation at that period
served, when other measures had widely separated them from each
other, still to keep up a lively sense of each other's merits. Nothing,
indeed, could be more touching to an ingenuous mind, than to hear
from their lips, in their latter years, expressions of mutual respect
and confidence; or to witness their earnest testimony to the talents,
the virtues, and the services of each other."7
7 Judge Story.

It was in these debates, that Mr. Marshall's mind acquired the skill in
political discussion, which afterwards distinguished him, and which
would of itself have made him conspicuous as a parliamentarian,
had not that talent been overshadowed by his renown in a more
soberly illustrious, though less dazzling career. Here, too, it was, that
he conceived that deep dread of disunion, and that profound
conviction of the necessity for closer bonds between the States,
which gave the coloring to the whole texture of his opinions, upon
federal politics in after life.

The Convention was at length called; and its product, the present
Federal Constitution, was submitted for ratification to the States. In
most of them, Conventions were likewise called, to adopt or reject it.
Mr. Marshall, though the people of his county were decidedly
opposed to the new Constitution, and though he avowed on the
hustings his determination to support it, was elected to the Virginia
Convention by a considerable majority. In that body, he took an
effective, if not a leading part. Three able speeches of his, in behalf
of the Constitution, appear in Mr. Robertson's report of the Debates:
Speeches, seconding with "masculine logic, the persuasive talents of
George Nicholas, the animated flow of Governor Randolph, the
grave and sententious sagacity of Pendleton, the consummate skill
and various knowledge of Madison."8 After an earnest and powerful
struggle of 25 days, the Constitution was agreed to, by a majority of
but ten votes—89 to 79. This result is supposed to have been
promoted, by the news, received while the Convention sat, that nine
states had come to a similar decision. The accession of Virginia to
that number, already large enough to give the instrument validity
among the adopting states, ensured its complete success; and was
hailed by its friends with the liveliest joy.
8 Judge Story.

Judge Story depicts in vivid colors, the happy effects of the


Government thus established, upon our prosperity: and exults over
the falsified apprehensions of those who, clinging "with an insane
attachment" to the former confederation, and "accustomed to have
all their affections concentrated upon the State governments," saw in
the new system "but another name for an overwhelming despotism."
Undoubtedly, the state of things which preceded the change, was as
bad as, with such a people, it could well be. Undoubtedly, the new
government did very much, to retrieve our national credit and honor;
to make us respected abroad, tranquil and prosperous at home. But
still, not all is due to the Government. A people, animated with the
spirit of freedom, enlightened enough to see their interests, and
enterprising enough to pursue them strenuously,—inhabiting, too, a
country not peopled to the extent of a thousandth part of its immense
capabilities—would thrive and grow powerful in spite of what almost
any government could do to impede their onward march. In the body
politic there is, what physicians ascribe to the body natural, a vis
medicatrix Naturæ, by which the wounds of War, the desolations of
Pestilence, and all the ills flowing from the blunders of charlatan
statesmen, are healed and made amends for. Few are so bigoted as
not to admit, that the self-healing energies of our country have thus
at some times prevailed over the hurtful tendencies of the measures
adopted by her rulers. There is nevertheless a force and beauty in
Judge Story's picture of her happiness, that make it worthy of
insertion:

"We have lived," says he, "to see all their fears and prophecies
of evil scattered to the winds. We have witnessed the solid
growth and prosperity of the whole country, under the auspices
of the National Government, to an extent never even imagined
by its warmest friends. We have seen our agriculture pour forth
its various products, created by a generous, I had almost said, a
profuse industry. The miserable exports, scarcely amounting in
the times, of which I have been speaking, in the aggregate, to
the sum of one or two hundred thousand dollars, now almost
reach to forty9 millions a year in a single staple. We have seen
our commerce, which scarcely crept along our noiseless docks,
and stood motionless and withering, while the breezes of the
ocean moaned through the crevices of our ruined wharves and
deserted warehouses, spread its white canvass in every clime;
and, laden with its rich returns, spring buoyant on the waves of
the home ports; and cloud the very shores with forests of masts,
over which the stars and stripes are gallantly streaming. We
have seen our manufactures, awakening from a deathlike
lethargy, crowd every street of our towns and cities with their
busy workmen, and their busier machinery; and startling the
silence of our wide streams, and deep dells, and sequestered
valleys. We have seen our wild waterfalls, subdued by the
power of man, become the mere instruments of his will, and,
under the guidance of mechanical genius, now driving with
unerring certainty the flying shuttle, now weaving the mysterious
threads of the most delicate fabrics, and now pressing the
reluctant metals into form, as if they were but playthings in the
hands of giants. We have seen our rivers bear upon their bright
waters the swelling sails of our coasters, and the sleepless
wheels of our steamboats in endless progress. Nay, the very
tides of the ocean, in their regular ebb and flow in our ports,
seem now but heralds to announce the arrival and departure of
our uncounted navigation. We have seen all these things; and
we can scarcely believe, that there were days and nights, nay,
months and years, in which our wisest patriots and statesmen
sat down, in anxious meditation to devise the measures which
should save the country from impending ruin."
9 The exports of cotton alone, in the year ending Sept. 30th, 1834, were
$49,448,000—Reviewer.

The Constitution being adopted, Mr. Marshall was prevailed on by


his countrymen, to serve again in the Legislature till 1792; although
the claims of a growing family and a slender fortune had made him
wish, and resolve, to quit public life, and devote himself exclusively
to his profession. He was wanted there by the friends of the new
system, to defend its administration against the incessant attacks
made upon it by a powerful and hostile party. This party consisted of
those who had resisted the change, because they thought the
proposed government too strong. Now that it was adopted, they
naturally sought, by construing the grants of power to it with literal
strictness, to prevent, as far possible, the dangers to Liberty with
which they deemed it pregnant. Their opponents, on the other hand,
having long regarded weakness in the centre as the great subject of
just apprehension, constantly aimed, by an enlarged and liberal (or,
as it has since been called a latitudinous) interpretation of those
grants of power, to render them in the highest degree counteractive
of the centrifugal tendency, which they so much dreaded. This
controversy probably raged most hotly in Virginia. It is hard to
forbear a smile at the characteristic fact, that "almost every important
measure of President Washington's administration was discussed in
her Legislature with great freedom, and no small degree of warmth
and acrimony."10 We applaud and honor the stand which Virginia has
always taken, as a centinel on the watch-tower of popular liberty and
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