altar by being sent to France in 1799. During the same interval
there were also several resignations among the associate
justices. So, what with its shifting personnel, the lack of
business, and the brief semiannual terms, the Court secured only
a feeble hold on the imagination of the country. It may be
thought, no doubt, that judges anxious to steer clear of politics
did not require leadership in the political sense. But the truth
of the matter is that willy-nilly the Federal Judiciary at this
period was bound to enter politics, and the only question was
with what degree of tact and prudence this should be done. It was
to be to the glory of Marshall that he recognized this fact
perfectly and with mingled boldness and caution grasped the
leadership which the circumstances demanded.

The situation at the beginning was precarious enough. While the
Constitution was yet far from having commended itself to the back
country democracy, that is, to the bulk of the American people,
the normal duties of the lower Federal Courts brought the judges
into daily contact with prevalent prejudices and misconceptions
in their most aggravated forms. Between 1790 and 1800 there were
two serious uprisings against the new Government: the Whisky
Rebellion of 1794 and Fries's Rebellion five years later. During
the same period the popular ferment caused by the French
Revolution was at its height. Entrusted with the execution of the
laws, the young Judiciary "was necessarily thrust forward to bear
the brunt in the first instance of all the opposition levied
against the federal head," its revenue measures, its commercial
restrictions, its efforts to enforce neutrality and to quell
uprisings. In short, it was the point of attrition between the
new system and a suspicious, excited populace.