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diff --git a/40389-8.txt b/40389-8.txt deleted file mode 100644 index c70d5e3..0000000 --- a/40389-8.txt +++ /dev/null @@ -1,20270 +0,0 @@ -The Project Gutenberg EBook of The Life of John Marshall (Volume 2 of 4), by -Albert J. Beveridge - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The Life of John Marshall (Volume 2 of 4) - -Author: Albert J. Beveridge - -Release Date: August 3, 2012 [EBook #40389] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE LIFE OF JOHN MARSHALL *** - - - - -Produced by David Edwards and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - - - - - - THE LIFE OF JOHN MARSHALL - - Standard Library Edition - - - IN FOUR VOLUMES - - VOLUME II - - - - - [Illustration: JOHN MARSHALL AS CHIEF JUSTICE - From the portrait by Jarvis] - - - - - THE LIFE - OF - JOHN MARSHALL - - BY - ALBERT J. BEVERIDGE - - VOLUME II - - POLITICIAN, DIPLOMATIST - STATESMAN - - 1789-1801 - - [Illustration] - - BOSTON AND NEW YORK - HOUGHTON MIFFLIN COMPANY - The Riverside Press Cambridge - - - - - COPYRIGHT, 1916, BY ALBERT J. BEVERIDGE - COPYRIGHT, 1919, BY HOUGHTON MIFFLIN COMPANY - - ALL RIGHTS RESERVED - - - - -CONTENTS - - - I. INFLUENCE OF THE FRENCH REVOLUTION ON AMERICA 1 - - The effort of the French King to injure Great Britain by - assisting the revolt of the colonists hastens the upheaval in - France--The French Revolution and American Government under the - Constitution begins at the same time--The vital influence of - the French convulsion on Americans--Impossible to understand - American history without considering this fact--All Americans, - at first, favor the French upheaval which they think a reform - movement--Marshall's statement--American newspapers--Gouverneur - Morris's description of the French people--Lafayette's - infatuated reports--Marshall gets black and one-sided accounts - through personal channels--The effect upon him--The fall of the - Bastille--Lafayette sends Washington the key of the prison-- - The reign of blood in Paris applauded in America--American - conservatives begin to doubt the wisdom of the French - Revolution--Burke writes his "Reflections"--Paine answers with - his "Rights of Man"--The younger Adams replies in the - "Publicola" essays--He connects Jefferson with Paine's - doctrines--"Publicola" is viciously assailed in the press-- - Jefferson writes Paine--The insurrection of the blacks in - St. Domingo--Marshall's account--Jefferson writes his daughter: - "I wish we could distribute the white exiles among the - Indians"--Marshall's statement of effect of the French - Revolution in America--Jefferson writes to Short: - "I would rather see half the earth desolated"--Louis XVI - guillotined--Genêt arrives in America--The people greet him - frantically--His outrageous conduct--The Republican newspapers - suppress the news of or defend the atrocities of the - revolutionists--The people of Philadelphia guillotine Louis XVI - in effigy--Marie Antoinette is beheaded--American rejoicing at - her execution--Absurd exaggeration by both radicals and - conservatives in America--The French expel Lafayette--Washington - sends Marshall's brother to secure his release from the - Allies--He fails--Effect upon Marshall--Ridiculous conduct of - the people in America--All titles are denounced: "Honorable," - "Reverend," even "Sir" or "Mr." considered "aristocratic"--The - "democratic societies" appear--Washington denounces them--Their - activities--Marshall's account of their decline--The influence - on America of the French Revolution summarized--Marshall and - Jefferson. - - II. A VIRGINIA NATIONALIST 45 - - The National Government under the Constitution begins--Popular - antagonism to it is widespread--Virginia leads this general - hostility--Madison has fears--Jefferson returns from France-- - He is neutral at first--Madison is humiliatingly defeated for - Senator of the United States because of his Nationalism--The - Legislature of Virginia passes ominous Anti-Nationalist - resolutions--The Republicans attack everything done or - omitted by Washington's Administration--Virginia leads the - opposition--Washington appoints Marshall to be United States - District Attorney--Marshall declines the office--He seeks and - secures election to the Legislature--Is given his old committees - in the House of Delegates--Is active in the general business of - the House--The amendments to the Constitution laid before the - House of Delegates--They are intended only to quiet opposition - to the National Government--Hamilton presents his financial - plan--"The First Report on the Public Credit"--It is furiously - assailed--Hamilton and Jefferson make the famous - Assumption-Capitol "deal"--Jefferson's letters--The Virginia - Legislature strikes Assumption--Virginia writes the Magna - Charta of State Rights--Marshall desperately resists these - Anti-Nationalist resolutions and is badly beaten--Jefferson - finally agrees to the attitude of Virginia--He therefore opposes - the act to charter the Bank of the United States--He and - Hamilton give contrary opinions--The contest over "implied - powers" begins--Political parties appear, divided by Nationalism - and localism--Political parties not contemplated by the - Constitution--The word "party" a term of reproach to our early - statesmen. - - III. LEADING THE VIRGINIA FEDERALISTS 77 - - Marshall, in Richmond, is aggressive for the unpopular measures - of Washington's Administration--danger of such conduct in - Virginia--Jefferson takes Madison on their celebrated northern - tour--Madison is completely changed--Jefferson fears Marshall-- - Wishes to get rid of him: "Make Marshall a judge"--Jefferson's - unwarranted suspicions--He savagely assails the Administration - of which he is a member--He comes to blows with Hamilton--The - Republican Party grows--The causes for its increased strength-- - Pennsylvania resists the tax on whiskey--The Whiskey Rebellion-- - Washington denounces and Jefferson defends it--Militia ordered - to suppress it--Marshall, as brigadier-general of militia, - prepares to take the field--War breaks out between England and - France--Washington proclaims American Neutrality--Outburst - of popular wrath against him--Jefferson resigns from the - Cabinet--Marshall supports Washington--At the head of the - military forces he suppresses the riot at Smithfield and - takes a French privateer--The Republicans in Richmond attack - Marshall savagely--Marshall answers his assailants--They make - insinuations against his character: the Fairfax purchase, the - story of Marshall's heavy drinking--The Republicans win on their - opposition to Neutrality--Great Britain becomes more hostile - than ever--Washington resolves to try for a treaty in order - to prevent war--Jay negotiates the famous compact bearing his - name--Terrific popular resentment follows: Washington abused, - Hamilton stoned, Jay burned in effigy, many of Washington's - friends desert him--Toast drank in Virginia "to the speedy death - of General Washington"--Jefferson assails the treaty--Hamilton - writes "Camillus"--Marshall stands by Washington--Jefferson - names him as the leading Federalist in Virginia. - - IV. WASHINGTON'S DEFENDER 122 - - Marshall becomes the chief defender of Washington in - Virginia--The President urges him to accept the office of - Attorney-General--He declines--Washington depends upon - Marshall's judgment in Virginia politics--Vicious opposition - to the Jay Treaty in Virginia--John Thompson's brilliant - speech expresses popular sentiment--He couples the Jay - Treaty with Neutrality: "a sullen neutrality between - freemen and despots"--The Federalists elect Marshall to the - Legislature--Washington is anxious over its proceedings-- - Carrington makes absurdly optimistic forecast--The Republicans - in the Legislature attack the Jay Treaty--Marshall defends it - with great adroitness--Must the new House of Representatives be - consulted about treaties?--Carrington writes Washington that - Marshall's argument was a demonstration--Randolph reports to - Jefferson that Marshall's speech was tricky and ineffectual-- - Marshall defeated--Amazing attack on Washington and stout - defense of him led by Marshall--Washington's friends beaten-- - Legislature refuses to vote that Washington has "wisdom"-- - Jefferson denounces Marshall: "His lax, lounging manners and - profound hypocrisy"--Washington recalls Monroe from France and - tenders the French mission to Marshall, who declines--The - Fauchet dispatch is intercepted and Randolph is disgraced-- - Washington forces him to resign as Secretary of State--The - President considers Marshall for the head of his Cabinet-- - The opposition to the Jay Treaty grows in intensity--Marshall - arranges a public meeting in Richmond--The debate lasts - all day--The reports as to the effect of his speeches - contradictory--Marshall describes situation--The Republicans - make charges and Marshall makes counter-charges--The national - Federalist leaders depend on Marshall--They commission him to - sound Henry on the Presidency as the successor of Washington-- - Washington's second Administration closes--He is savagely abused - by the Republicans--The fight in the Legislature over the - address to him--Marshall leads the Administration forces and is - beaten--The House of Delegates refuse to vote that Washington - is wise, brave, or even patriotic--Washington goes out of the - Presidency amid storms of popular hatred--The "Aurora's" - denunciation of him--His own description of the abuse: "indecent - terms that could scarcely be applied to a Nero, a defaulter, or - a common pickpocket"--Jefferson is now the popular hero--All - this makes a deep and permanent impression on Marshall. - - V. THE MAN AND THE LAWYER 166 - - An old planter refuses to employ Marshall as his lawyer because - of his shabby and unimpressive appearance--He changes his mind - after hearing Marshall address the court--Marshall is conscious - of his superiority over other men--Wirt describes Marshall's - physical appearance--He practices law as steadily as his - political activities permit--He builds a fine house adjacent - to those of his powerful brothers-in-law--Richmond becomes a - flourishing town--Marshall is childishly negligent of his - personal concerns: the Beaumarchais mortgage; but he is extreme - in his solicitude for the welfare of his relatives: the letter - on the love-affair of his sister; and he is very careful of the - business entrusted to him by others--He is an enthusiastic Free - Mason and becomes Grand Master of that order in Virginia--He - has peculiar methods at the bar: cites few authorities, always - closes in argument, and is notably honest with the court: "The - law is correctly stated by opposing counsel"--Gustavus Schmidt - describes Marshall--He is employed in the historic case of Ware - _vs._ Hylton--His argument in the lower court so satisfactory to - his clients that they select him to conduct their case in the - Supreme Court of the United States--Marshall makes a tremendous - and lasting impression by his effort in Philadelphia--Rufus King - pays him high tribute--After twenty-four years William Wirt - remembers Marshall's address and describes it--Wirt advises his - son-in-law to imitate Marshall--Francis Walker Gilmer writes, - from personal observation, a brilliant and accurate analysis of - Marshall as lawyer and orator--The Federalist leaders at the - Capital court Marshall--He has business dealings with Robert - Morris--The Marshall syndicate purchases the Fairfax estate-- - Marshall's brother marries Hester Morris--The old financier - makes desperate efforts to raise money for the Fairfax - purchase--Marshall compromises with the Legislature of - Virginia--His brother finally negotiates a loan in Antwerp on - Morris's real estate and pays half of the contract price-- - Robert Morris becomes bankrupt and the burden of the Fairfax - debt falls on Marshall--He is in desperate financial - embarrassment--President Adams asks him to go to France as a - member of the mission to that country--The offer a "God-send" to - Marshall, who accepts it in order to save the Fairfax estate. - - VI. ENVOY TO FRANCE 214 - - Marshall starts for France--Letters to his wife--Is bored - by the social life of Philadelphia--His opinion of Adams--The - President's opinion of Marshall--The "Aurora's" sarcasm--The - reason for sending the mission--Monroe's conduct in Paris--The - Republicans a French party--The French resent the Jay Treaty - and retaliate by depredations on American Commerce--Pinckney, - as Monroe's successor, expelled from France--President Adams's - address to Congress--Marshall, Pinckney, and Gerry are - sent to adjust differences between France and America--Gerry's - appointment is opposed by entire Cabinet and all Federalist - leaders because of their distrust of him--Adams cautions Gerry - and Jefferson flatters him--Marshall arrives at The Hague-- - Conditions in France--Marshall's letter to his wife--His long, - careful and important letter to Washington--His letter to - Lee from Antwerp--Marshall and Pinckney arrive at Paris--The - city--The corruption of the Government--Gerry arrives--The - envoys meet Talleyrand--Description of the Foreign Minister--His - opinion of America and his estimate of the envoys--Mysterious - intimations. - - VII. FACING TALLEYRAND 257 - - Marshall urges formal representation of American grievances - to French Government--Gerry opposes action--The intrigue - begins--Hottenguer appears--The Directory must be "soothed" by - money "placed at the disposal of M. Talleyrand"--The French - demands: "pay debts due from France to American citizens, - pay for French spoliations of American Commerce, and make a - considerable loan and something for the pocket" (a bribe of - two hundred and fifty thousand dollars)--Marshall indignantly - opposes and insists on formally presenting the American - case--Gerry will not agree--Bellamy comes forward and proposes - still harder terms: "_you must pay money, you must pay a - great deal of money_"--The envoys consult--Marshall and Gerry - disagree--Hottenguer and Bellamy breakfast with Gerry--They - again urge loan and bribe--Marshall writes Washington--His - letter an able review of the state of the country--News of - Bonaparte's diplomatic success at Campo Formio reaches - Paris--Talleyrand's agents again descend on the envoys and - demand money--"No! not a sixpence"--Marshall's bold but moderate - statement--Hauteval joins Hottenguer and Bellamy--Gerry calls - on Talleyrand: is not received--Talleyrand's agents hint at - war--They threaten the envoys with "the French party in - America"--Marshall and Pinckney declare it "degrading to carry - on indirect intercourse"--Marshall again insists on written - statement to Talleyrand--Gerry again objects--Marshall's letter - to his wife--His letter in cipher to Lee--Bonaparte appears in - Paris--His consummate acting--The fête at the Luxemburg to the - Conqueror--Effect on Marshall. - - VIII. THE AMERICAN MEMORIAL 290 - - Madame de Villette--Her friendship with Marshall--Her proposals - to Pinckney--Beaumarchais enters the plot--Marshall his attorney - in Virginia--Bellamy suggests an arrangement between Marshall - and Beaumarchais--Marshall rejects it--Gerry asks Talleyrand - to dine with him--The dinner--Hottenguer in Talleyrand's - presence again proposes the loan and bribe--Marshall once - more insists on written statement of the American case--Gerry - reluctantly consents--Marshall writes the American memorial-- - That great state paper--The French decrees against American - commerce become harsher--Gerry holds secret conferences with - Talleyrand--Marshall rebukes Gerry--Talleyrand at last receives - the envoys formally--The fruitless discussion--Altercation - between Marshall and Gerry--Beaumarchais comes with alarming - news--Marshall again writes Washington--Washington's answer-- - The French Foreign Minister answers Marshall's memorial--He - proposes to treat with Gerry alone--Marshall writes reply to - Talleyrand--Beaumarchais makes final appeal to Marshall-- - Marshall replies with spirit--He sails for America. - - IX. THE TRIUMPHANT RETURN 335 - - Anxiety in America--Jefferson is eager for news--Skipwith writes - Jefferson from Paris--Dispatches of envoys, written by Marshall, - are received by the President--Adams makes alarming speech to - Congress--The strength of the Republican Party increases-- - Republicans in House demand that dispatches be made public-- - Adams transmits them to Congress--Republicans are thrown into - consternation and now oppose publication--Federalist Senate - orders publication--Effect on Republicans in Congress--Effect - on the country--Outburst of patriotism: "Hail, Columbia!" is - written--Marshall arrives, unexpectedly, at New York--His - dramatic welcome at Philadelphia--The Federalist banquet: - Millions "for defense but not one cent for tribute"--Adams - wishes to appoint Marshall Associate Justice of the Supreme - Court--He declines--He is enthusiastically received at - Richmond--Marshall's speech--He is insulted at the theater in - Fredericksburg--Congress takes decisive action: Navy Department - is created and provisional army raised--Washington accepts - command--His opinions of the French--His letter to Marshall's - brother--Jefferson attacks X. Y. Z. dispatches and defends - Talleyrand--Alien and Sedition Laws are enacted--Gerry's - predicament in France--His return--Marshall disputes Gerry's - statements--Marshall's letter to his wife--He is hard pressed - for money--Compensation for services as envoy saves the Fairfax - estate--Resolves to devote himself henceforth exclusively to - his profession. - - X. CANDIDATE FOR CONGRESS 374 - - Plight of the Federalists in Richmond--They implore Marshall - to be their candidate for Congress--He refuses--Washington - personally appeals to him--Marshall finally yields--Violence of - the campaign--Republicans viciously attack Marshall--the Alien - and Sedition Laws the central issue--"Freeholder's" questions to - Marshall--His answers--Federalists disgusted with Marshall--"The - Letters of Curtius"--The Kentucky and Virginia Resolutions--The - philosophy of secession--Madison writes address of majority of - Virginia Legislature to their constituents--Marshall writes - address of the minority which Federalists circulate as campaign - document--Republicans ridicule its length and verbosity-- - Federalists believe Republicans determined to destroy the - National Government--Campaign charges against Marshall-- - Marshall's disgust with politics: "Nothing more debases or - pollutes the human mind"--Despondent letter to his brother-- - On the brink of defeat--Patrick Henry saves Marshall--Riotous - scenes on election day--Marshall wins by a small majority-- - Washington rejoices--Federalist politicians not sure of - Marshall--Jefferson irritated at Marshall's election--Marshall - visits his father--Jefferson thinks it a political journey: - "the visit of apostle Marshall to Kentucky excites anxiety"-- - Naval war with France in progress--Adams sends the second - mission to France--Anger of the Federalists--Republican - rejoicing--Marshall supports President's policy--Adams - pardons Fries--Federalists enraged, Republicans jubilant-- - State of parties when Marshall takes his seat in Congress. - - XI. INDEPENDENCE IN CONGRESS 432 - - Speaker Sedgwick's estimate of Marshall--Cabot's opinion-- - Marshall a leader in Congress from the first--Prepares answer - of House to President's speech--It satisfies nobody--Wolcott - describes Marshall--Presidential politics--Marshall writes his - brother analysis of situation--Announces death of Washington, - presents resolutions, and addresses House: "first in war, first - in peace and first in the hearts of his countrymen"--Marshall's - activity in the House--He clashes with John Randolph of - Roanoke--Debate on Slavery and Marshall's vote--He votes against - his party on Sedition Law--Opposes his party's favorite measure, - the Disputed Elections Bill--Forces amendment and kills the - bill--Federalist resentment of his action: Speaker Sedgwick's - comment on Marshall--The celebrated case of Jonathan - Robins--Republicans make it principal ground of attack on - Administration--The Livingston Resolution--Marshall's great - speech on Executive power--Gallatin admits it to be - "unanswerable"--It defeats the Republicans--Jefferson's faint - praise--the "Aurora's" amusing comment--Marshall defends the - army and the policy of preparing for war--His speech the ablest - on the Army Bill--His letter to Dabney describing conditions-- - Marshall helps draw the first Bankruptcy Law and, in the - opinion of the Federalists, spoils it--Speaker Sedgwick - vividly portrays Marshall as he appeared to the Federalist - politicians at the close of the session. - - XII. CHIEF JUSTICE OF THE UNITED STATES 485 - - The shattering of Adams's Cabinet--Marshall declines office of - Secretary of War--Offered that of Secretary of State--Adams's - difficult party situation--The feud with Hamilton--Marshall - finally, and with reluctance, accepts portfolio of Secretary - of State--Republican comment--Federalist politicians approve: - "Marshall a state conservator"--Adams leaves Marshall in charge - at Washington--Examples of his routine work--His retort to the - British Minister--His strong letter to Great Britain on the - British debts--Controversy with Great Britain over contraband, - treatment of neutrals, and impressment--Marshall's notable - letter on these subjects--His harsh language to Great Britain-- - Federalist disintegration begins--Republicans overwhelmingly - victorious in Marshall's home district--Marshall's despondent - letter to Otis: "The tide of real Americanism is on the ebb"-- - Federalist leaders quarrel; rank and file confused and - angered--Hamilton's faction plots against Adams--Adams's inept - retaliation: Hamilton and his friends "a British faction"-- - Republican strength increases--Jefferson's platform--The - second mission to France succeeds in negotiating a treaty-- - Chagrin of Federalists and rejoicing of Republicans--Marshall - dissatisfied but favors ratification--Hamilton's amazing - personal attack on Adams--The Federalists dumbfounded, the - Republicans in glee--The terrible campaign of 1800--Marshall - writes the President's address to Congress--The Republicans - carry the election by a narrow margin--Tie between Jefferson and - Burr--Federalists in House determine to elect Burr--Hamilton's - frantic efforts against Burr: "The _Catiline_ of America"-- - Hamilton appeals to Marshall, who favors Burr--Marshall refuses - to aid Jefferson, but agrees to keep hands off--Ellsworth - resigns as Chief Justice--Adams reappoints Jay, who declines-- - Adams then appoints Marshall, who, with hesitation, accepts-- - The appointment unexpected and arouses no interest--Marshall - continues as Secretary of State--The dramatic contest in the - House over Burr and Jefferson--Marshall accused of advising - Federalists that Congress could provide for Presidency by law - in case of deadlock--Federalists consider Marshall for the - Presidency--Hay assails Marshall--Burr refuses Federalist - proposals--The Federalist bargain with Jefferson--He is - elected--The "midnight judges"--The power over the Supreme - Court which Marshall was to exercise totally unsuspected by - anybody--Failure of friend and foe to estimate properly his - courage and determination. - - APPENDIX 565 - I. LIST OF CASES 567 - II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS OF THE CITIZENS OF - RICHMOND, VIRGINIA 571 - III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL 574 - - WORKS CITED IN THIS VOLUME 579 - - - -ILLUSTRATIONS - - - JOHN MARSHALL AS CHIEF JUSTICE _Colored Frontispiece_ - - From the portrait by John Wesley Jarvis in the possession of Mr. - Roland Gray, of Boston. It represents Marshall as he was during - his early years as Chief Justice and as he appeared when - Representative in Congress and Secretary of State. The Jarvis - portrait is by far the best likeness of Marshall during this - period of his life. - - JOHN MARSHALL 48 - - From a painting by E. F. Petticolas, presented by the artist to - John Marshall and now in the possession of Mr. Malcolm G. Bruce, - of South Boston, Va. - - JOHN MARSHALL 124 - - From a painting by Rembrandt Peale in the rooms of the Long Island - Historical Society. - - JOHN MARSHALL'S HOUSE, RICHMOND 172 - - From a photograph taken especially for this book. The house was - built by Marshall between 1789 and 1793. It was his second home in - Richmond and the one in which he lived for more than forty years. - - THE LARGE ROOM WHERE THE FAMOUS "LAWYERS' DINNERS" WERE GIVEN 172 - - From a photograph taken especially for this book. The woodwork of - the room, which is somewhat indistinct in the reproduction, is - exceedingly well done. - - WILLIAM WIRT 192 - - From an engraving by A. B. Walter, from a portrait by Charles B. - King, in "Memoirs of William Wirt," by John P. Kennedy, published - by Lea & Blanchard, Philadelphia, 1849. Autograph from the - Chamberlain collection, Boston Public Library. - - ROBERT MORRIS 202 - - From an original painting by Gilbert Stuart through kind - permission of the owner, C. F. M. Stark, Esq., of Winchester, - Mass. Autograph from the Declaration of Independence. - - FACSIMILE OF A PAGE OF JAMES MARSHALL'S ACCOUNT WITH ROBERT - MORRIS, HIS FATHER-IN-LAW 210 - - From the original in the possession of James M. Marshall, of Front - Royal, Virginia. This page shows £7700 sterling furnished by - Robert Morris to the Marshall brothers for the purchase of the - Fairfax estate. This documentary evidence of the source of the - money with which the Marshalls purchased this holding has not - hitherto been known to exist. - - FACSIMILE OF THE FIRST PAGE OF A LETTER FROM JOHN MARSHALL TO HIS - WIFE, JULY 2, 1797 214 - - From the original in the possession of Miss Emily Harvie, of - Richmond. The letter was written from Philadelphia immediately - after Marshall's arrival at the capital when starting on his - journey to France on the X. Y. Z. Mission. It is characteristic - of Marshall in the fervid expressions of tender affection for his - wife, whom he calls his "dearest life." It is also historically - important as describing his first impression of President Adams. - - FACSIMILE OF PART OF LETTER OF JULY 17, 1797, FROM JOHN ADAMS TO - ELBRIDGE GERRY DESCRIBING JOHN MARSHALL 228 - - From the original in the Adams Manuscripts. President Adams - writes of Marshall as he appeared to him just before he sailed - for France. - - CHARLES MAURICE DE TALLEYRAND-PÉRIGORD 252 - - From an engraving by Bocourt after a drawing by Mullard, - reproduced through the kindness of Mr. Charles E. Goodspeed. - This portrait represents Talleyrand as he was some time after - the X. Y. Z. Mission. - - GENERAL CHARLES COTESWORTH PINCKNEY 274 - - From an engraving by E. Wellmore after the miniature by Edward - Greene Malbone. - - ELBRIDGE GERRY 310 - - From an engraving by J. B. Longacre after a drawing made from life - by Vanderlyn in 1798, when Gerry was in Paris. - - FACSIMILE OF PART OF A LETTER FROM JOHN MARSHALL TO HIS BROTHER, - DATED APRIL 3, 1799, REFERRING TO THE VIRULENCE OF THE CAMPAIGN - IN WHICH MARSHALL WAS A CANDIDATE FOR CONGRESS 410 - - The word "faction" in this excerpt meant "party" in the vernacular - of the period. - - STATUE OF JOHN MARSHALL, BY RANDOLPH ROGERS 456 - - This is one of six statues at the base of the Washington monument - in Richmond, Va., the other figures being Jefferson, Henry, Mason, - Nelson, and Lewis. The Washington Monument was designed by Thomas - Crawford, who died before completing the work, and was finished by - Rogers. From a photograph. - - STATUE OF MARSHALL, BY W. W. STORY 530 - - At the Capitol, Washington, D.C. From a photograph. - - - - -LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED - - _All references here are to the List of Authorities at the end of - this volume._ - - -_Am. St. Prs._ _See_ American State Papers. - -Beard: _Econ. I. C._ _See_ Beard, Charles A. Economic Interpretation of -the Constitution of the United States. - -Beard: _Econ. O. J. D._ _See_ Beard, Charles A. Economic Origins of -Jeffersonian Democracy. - -_Cor. Rev._: Sparks. _See_ Sparks, Jared. Correspondence of the -Revolution. - -_Cunningham Letters._ _See_ Adams, John. Correspondence with William -Cunningham. - -_Letters_: Ford. _See_ Vans Murray, William. Letters to John Quincy -Adams. Edited by Worthington Chauncey Ford. - -Monroe's _Writings_: Hamilton. _See_ Monroe, James. Writings. Edited by -Stanislaus Murray Hamilton. - -_Old Family Letters._ _See_ Adams, John. Old Family Letters. Edited by -Alexander Biddle. - -_Works_: Adams. _See_ Adams, John. Works. Edited by Charles Francis -Adams. - -_Works_: Ames. _See_ Ames, Fisher. Works. Edited by Seth Ames. - -_Works_: Ford. _See_ Jefferson, Thomas. Works. Federal Edition. Edited -by Paul Leicester Ford. - -_Works_: Hamilton. _See_ Hamilton, Alexander. Works. Edited by John C. -Hamilton. - -_Works_: Lodge. _See_ Hamilton, Alexander. Works. Federal Edition. -Edited by Henry Cabot Lodge. - -_Writings_: Conway. _See_ Paine, Thomas. Writings. Edited by Moncure -Daniel Conway. - -_Writings_: Ford. _See_ Washington, George. Writings. Edited by -Worthington Chauncey Ford. - -_Writings_: Hunt. _See_ Madison, James. Writings. Edited by Gaillard -Hunt. - -_Writings, J. Q. A._: Ford. _See_ Adams, John Quincy. Writings. Edited -by Worthington Chauncey Ford. - -_Writings_: Smyth. _See_ Franklin, Benjamin. Writings. Edited by Albert -Henry Smyth. - -_Writings_: Sparks. _See_ Washington, George. Writings. Edited by Jared -Sparks. - - - - -THE LIFE OF JOHN MARSHALL - - - - -THE LIFE OF JOHN MARSHALL - - - - -CHAPTER I - -INFLUENCE OF THE FRENCH REVOLUTION ON AMERICA - - Were there but an Adam and an Eve left in every country, and left - free, it would be better than it now is. (Jefferson.) - - That malignant philosophy which can coolly and deliberately - pursue, through oceans of blood, abstract systems for the - attainment of some fancied untried good. (Marshall.) - - The only genuine liberty consists in a mean equally distant from - the despotism of an individual and a million. ("Publicola": J. Q. - Adams, 1792.) - - -The decision of the French King, Louis XVI, on the advice of his -Ministers, to weaken Great Britain by aiding the Americans in their War -for Independence, while it accomplished its purpose, was fatal to -himself and to the Monarchy of France. As a result, Great Britain lost -America, but Louis lost his head. Had not the Bourbon Government sent -troops, fleets, munitions, and money to the support of the failing and -desperate American fortunes, it is probable that Washington would not -have prevailed; and the fires of the French holocaust which flamed -throughout the world surely would not have been lit so soon. - -The success of the American patriots in their armed resistance to the -rule of George III, although brought about by the aid of the French -Crown, was, nevertheless, the shining and dramatic example which -Frenchmen imitated in beginning that vast and elemental upheaval called -the French Revolution.[1] Thus the unnatural alliance in 1778 between -French Autocracy and American Liberty was one of the great and decisive -events of human history. - -In the same year, 1789, that the American Republic began its career -under the forms of a National Government, the curtain rose in France on -that tremendous drama which will forever engage the interest of mankind. -And just as the American Revolution vitally influenced French opinion, -so the French Revolution profoundly affected American thought; and, -definitely, helped to shape those contending forces in American life -that are still waging their conflict. - -While the economic issue, so sharp in the adoption of the Constitution, -became still keener, as will appear, after the National Government was -established, it was given a higher temper in the forge of the French -Revolution. American history, especially of the period now under -consideration, can be read correctly only by the lights that shine from -that titanic smithy; can be understood only by considering the effect -upon the people, the thinkers, and the statesmen of America, of the -deeds done and words spoken in France during those inspiring if -monstrous years. - -The naturally conservative or radical temperaments of men in America -were hardened by every episode of the French convulsion. The events in -France, at this time, operated upon men like Hamilton on the one hand, -and Jefferson on the other hand, in a fashion as deep and lasting as it -was antagonistic and antipodal; and the intellectual and moral -phenomena, manifested in picturesque guise among the people in America, -impressed those who already were, and those who were to become, the -leaders of American opinion, as much as the events of the Gallic -cataclysm itself. - -George Washington at the summit of his fame, and John Marshall just -beginning his ascent, were alike confirmed in that non-popular tendency -of thought and feeling which both avowed in the dark years between our -War for Independence and the adoption of our Constitution.[2] In -reviewing all the situations, not otherwise to be fully understood, that -arose from the time Washington became President until Marshall took his -seat as Chief Justice, we must have always before our eyes the -extraordinary scenes and consider the delirious emotions which the -French Revolution produced in America. It must be constantly borne in -mind that Americans of the period now under discussion did not and could -not look upon it with present-day knowledge, perspective, or calmness. -What is here set down is, therefore, an attempt to portray the effects -of that volcanic eruption of human forces upon the minds and hearts of -those who witnessed, from across the ocean, its flames mounting to the -heavens and its lava pouring over the whole earth. - -Unless this portrayal is given, a blank must be left in a recital of the -development of American radical and conservative sentiment and of the -formation of the first of American political parties. Certainly for the -purposes of the present work, an outline, at least, of the effect of the -French Revolution on American thought and feeling is indispensable. Just -as the careers of Marshall and Jefferson are inseparably intertwined, -and as neither can be fully understood without considering the other, so -the American by-products of the French Revolution must be examined if we -would comprehend either of these great protagonists of hostile theories -of democratic government. - -At first everybody in America heartily approved the French reform -movement. Marshall describes for us this unanimous approbation. "A great -revolution had commenced in that country," he writes, "the first stage -of which was completed by limiting the powers of the monarch, and by the -establishment of a popular assembly. In no part of the globe was this -revolution hailed with more joy than in America. The influence it would -have on the affairs of the world was not then distinctly foreseen; and -the philanthropist, without becoming a political partisan, rejoiced in -the event. On this subject, therefore, but one sentiment existed."[3] - -Jefferson had written from Paris, a short time before leaving for -America: "A complete revolution in this [French] government, has been -effected merely by the force of public opinion; ... and this revolution -has not cost a single life."[4] So little did his glowing mind then -understand the forces which he had helped set in motion. A little later -he advises Madison of the danger threatening the reformed French -Government, but adds, reassuringly, that though "the lees ... of the -patriotic party [the French radical party] of wicked principles & -desperate fortunes" led by Mirabeau who "is the chief ... may produce a -temporary confusion ... they cannot have success ultimately. The King, -the mass of the substantial people of the whole country, the army, and -the influential part of the clergy, form a firm phalanx which must -prevail."[5] - -So, in the beginning, all American newspapers, now more numerous, were -exultant. "Liberty will have another feather in her cap.... The ensuing -winter [1789] will be the commencement of a Golden Age,"[6] was the -glowing prophecy of an enthusiastic Boston journal. Those two sentences -of the New England editor accurately stated the expectation and belief -of all America. - -But in France itself one American had grave misgivings as to the -outcome. "The materials for a revolution in this country are very -indifferent. Everybody agrees that there is an utter prostration of -morals; but this general position can never convey to an American mind -the degree of depravity.... A hundred thousand examples are required to -show the extreme rottenness.... The virtuous ... stand forward from a -background deeply and darkly shaded.... From such crumbling matter ... -the great edifice of freedom is to be erected here [in France].... -[There is] a perfect indifference to the violation of engagements.... -Inconstancy is mingled in the blood, marrow, and very essence of this -people.... Consistency is a phenomenon.... The great mass of the common -people have ... no morals but their interest. These are the creatures -who, led by drunken curates, are now in the high road _à la -liberté_."[7] Such was the report sent to Washington by Gouverneur -Morris, the first American Minister to France under the Constitution. - -Three months later Morris, writing officially, declares that "this -country is ... as near to anarchy as society can approach without -dissolution."[8] And yet, a year earlier, Lafayette had lamented the -French public's indifference to much needed reforms; "The people ... -have been so dull that it has made me sick" was Lafayette's doleful -account of popular enthusiasm for liberty in the France of 1788.[9] - -Gouverneur Morris wrote Robert Morris that a French owner of a quarry -demanded damages because so many bodies had been dumped into the quarry -that they "choked it up so that he could not get men to work at it." -These victims, declared the American Minister, had been "the best -people," killed "without form of trial, and their bodies thrown like -dead dogs into the first hole that offered."[10] Gouverneur Morris's -diary abounds in such entries as "[Sept. 2, 1792] the murder of the -priests, ... murder of prisoners,... [Sept. 3] The murdering continues -all day.... [Sept. 4th].... And still the murders continue."[11] - -John Marshall was now the attorney of Robert Morris; was closely -connected with him in business transactions; and, as will appear, was -soon to become his relative by the marriage of Marshall's brother to the -daughter of the Philadelphia financier. Gouverneur Morris, while not -related to Robert Morris, was "entirely devoted" to and closely -associated with him in business; and both were in perfect agreement of -opinions.[12] Thus the reports of the scarlet and revolting phases of -the French Revolution that came to the Virginia lawyer were carried -through channels peculiarly personal and intimate. - -They came, too, from an observer who was thoroughly aristocratic in -temperament and conviction.[13] Little of appreciation or understanding -of the basic causes and high purposes of the French Revolution appears -in Gouverneur Morris's accounts and comments, while he portrays the -horrible in unrelieved ghastliness.[14] - -Such, then, were the direct and first-hand accounts that Marshall -received; and the impression made upon him was correspondingly dark, and -as lasting as it was somber. Of this, Marshall himself leaves us in no -doubt. Writing more than a decade later he gives his estimate of -Gouverneur Morris and of his accounts of the French Revolution. - -"The private correspondence of Mr. Morris with the president [and, of -course, much more so with Robert Morris] exhibits a faithful picture, -drawn by the hand of a master, of the shifting revolutionary scenes -which with unparalleled rapidity succeeded each other in Paris. With the -eye of an intelligent, and of an unimpassioned observer, he marked all -passing events, and communicated them with fidelity. He did not mistake -despotism for freedom, because it was sanguinary, because it was -exercised by those who denominated themselves the people, or because it -assumed the name of liberty. Sincerely wishing happiness and a really -free government to France, he could not be blind to the obvious truth -that the road to those blessings had been mistaken."[15] - -Everybody in America echoed the shouts of the Parisian populace when the -Bastille fell. Was it not the prison where kings thrust their subjects -to perish of starvation and torture?[16] Lafayette, "as a missionary of -liberty to its patriarch," hastened to present Washington with "the main -key of the fortress of despotism."[17] Washington responded that he -accepted the key of the Bastille as "a token of the victory gained by -liberty."[18] Thomas Paine wrote of his delight at having been chosen by -Lafayette to "convey ... the first ripe fruits of American principles, -transplanted into Europe, to his master and patron."[19] Mutual -congratulations were carried back and forth by every ship. - -Soon the mob in Paris took more sanguinary action and blood flowed more -freely, but not in sufficient quantity to quench American enthusiasm for -the cause of liberty in France. We had had plenty of mobs ourselves and -much crimson experience. Had not mobs been the precursors of our own -Revolution? - -The next developments of the French uprising and the appearance of the -Jacobin Clubs, however, alarmed some and gave pause to all of the -cautious friends of freedom in America and other countries. - -Edmund Burke hysterically sounded the alarm. On account of his -championship of the cause of American Independence, Burke had enjoyed -much credit with all Americans who had heard of him. "In the last age," -exclaimed Burke in Parliament, February 9, 1790, "we were in danger of -being entangled by the example of France in the net of a relentless -despotism.... Our present danger from the example of a people whose -character knows no medium, is, with regard to government, a danger from -anarchy; a danger of being led, through an admiration of successful -fraud and violence, to an imitation of the excesses of an irrational, -unprincipled, proscribing, confiscating, plundering, ferocious, bloody, -and tyrannical democracy."[20] - -Of the French declaration of human rights Burke declared: "They made and -recorded a sort of _institute_ and _digest_ of anarchy, called the -rights of man, in such a pedantic abuse of elementary principles as -would have disgraced boys at school.... They systematically destroyed -every hold of authority by opinion, religious or civil, on the minds of -the people.[21]... On the scheme of this barbarous philosophy, which is -the offspring of cold hearts and muddy understandings," exclaimed the -great English liberal, "laws are to be supported only by their own -terrours.... In the groves of _their_ academy, at the end of every -vista, you see nothing but the gallows."[22] - -Burke's extravagant rhetoric, although reprinted in America, was little -heeded. It would have been better if his pen had remained idle. For -Burke's wild language, not yet justified by the orgy of blood in which -French liberty was, later, to be baptized, caused a voice to speak to -which America did listen, a page to be written that America did read. -Thomas Paine, whose "Common Sense" had made his name better known to all -people in the United States than that of any other man of his time -except Washington, Franklin, Jefferson, and Henry, was then in France. -This stormy petrel of revolution seems always to have been drawn by -instinct to every part of the human ocean where hurricanes were -brooding.[23] - -Paine answered Burke with that ferocious indictment of monarchy entitled -"The Rights of Man," in which he went as far to one extreme as the -English political philosopher had gone to the other; for while Paine -annihilated Burke's Brahminic laudation of rank, title, and custom, he -also penned a doctrine of paralysis to all government. As was the case -with his "Common Sense," Paine's "Rights of Man" abounded in attractive -epigrams and striking sentences which quickly caught the popular ear and -were easily retained by the shallowest memory. - -"The cause of the French people is that of ... the whole world," -declared Paine in the preface of his flaming essay;[24] and then, the -sparks beginning to fly from his pen, he wrote: "Great part of that -order which reigns among mankind is not the effect of government.... It -existed prior to government, and would exist if the formality of -government was abolished.... The instant formal government is -abolished," said he, "society begins to act; ... and common interest -produces common security." And again: "The more perfect civilization is, -the less occasion has it for government.... It is but few general laws -that civilised life requires." - -Holding up our own struggle for liberty as an illustration, Paine -declared: "The American Revolution ... laid open the imposition of -governments"; and, using our newly formed and untried National -Government as an example, he asserted with grotesque inaccuracy: "In -America ... all the parts are brought into cordial unison. There the -poor are not oppressed, the rich are not privileged.... Their taxes are -few, because their government is just."[25] - -Proceeding thence to his assault upon all other established governments, -especially that of England, the great iconoclast exclaimed: "It is -impossible that such governments as have hitherto [1790] existed in the -world, could have commenced by any other means than a violation of every -principle sacred and moral." - -Striking at the foundations of all permanent authority, Paine declared -that "Every age and generation must be ... free to act for itself _in -all cases_.... The vanity and presumption of governing beyond the grave -is the most ridiculous and insolent of all tyrannies." The people of -yesterday have "no right ... to bind or to control ... the people of the -present day ... _in any shape whatever_.... Every generation is, and -must be, competent to all the purposes which its occasions require."[26] -So wrote the incomparable pamphleteer of radicalism. - -Paine's essay, issued in two parts, was a torch successively applied to -the inflammable emotions of the American masses. Most newspapers printed -in each issue short and appealing excerpts from it. For example, the -following sentence from Paine's "Rights of Man" was reproduced in the -"Columbian Centinel" of Boston on June 6, 1792: "Can we possibly suppose -that if government had originated in right principles and had not an -interest in pursuing a wrong one, that the world could have been in the -wretched and quarrelsome condition it is?" Such quotations from Paine -appeared in all radical and in some conservative American publications; -and they were repeated from mouth to mouth until even the backwoodsmen -knew of them--and believed them. - -"Our people ... love what you write and read it with delight" ran the -message which Jefferson sent across the ocean to Paine. "The printers," -continued Jefferson, "season every newspaper with extracts from your -last, as they did before from your first part of the _Rights of Man_. -They have both served here to separate the wheat from the chaff.... -Would you believe it possible that in this country there should be high -& important characters[27] who need your lessons in republicanism & who -do not heed them. It is but too true that we have a sect preaching up & -pouting after an English constitution of king, lords, & commons, & -whose heads are itching for crowns, coronets & mitres.... - -"Go on then," Jefferson urged Paine, "in doing with your pen what in -other times was done with the sword, ... and be assured that it has not -a more sincere votary nor you a more ardent well-wisher than ... Tho^s. -Jefferson."[28] - -And the wheat was being separated from the chaff, as Jefferson declared. -Shocked not more by the increasing violence in France than by the -principles which Paine announced, men of moderate mind and conservative -temperament in America came to have misgivings about the French -Revolution, and began to speak out against its doings and its doctrines. - -A series of closely reasoned and well-written articles were printed in -the "Columbian Centinel" of Boston in the summer of 1791, over the _nom -de guerre_ "Publicola"; and these were widely copied. They were ascribed -to the pen of John Adams, but were the work of his brilliant son.[29] - -The American edition of Paine's "Rights of Man" was headed by a letter -from Secretary of State Jefferson to the printer, stating his pleasure -that the essay was to be printed in this country and "that something is -at length to be publickly said against the political heresies which have -sprung up among us."[30] Publicola called attention to this and thus, -more conspicuously, displayed Jefferson as an advocate of Paine's -doctrines.[31] - -All Americans had "seen with pleasure the temples of despotism levelled -with the ground," wrote the keen young Boston law student.[32] There was -"but one sentiment...--that of exultation." But what did Jefferson mean -by "heresies"? asked Publicola. Was Paine's pamphlet "the canonical book -of scripture?" If so, what were its doctrines? "That which a whole -nation chooses to do, it has a right to do" was one of them. - -Was that "principle" sound? No! avowed Publicola, for "the eternal and -immutable laws of justice and of morality are paramount to all human -legislation." A nation might have the power but never the right to -violate these. Even majorities have no right to do as they please; if -so, what security has the individual citizen? Under the unrestrained -rule of the majority "the principles of liberty must still be the sport -of arbitrary power, and the hideous form of despotism must lay aside the -diadem and the scepter, only to assume the party-colored garments of -democracy." - -"The only genuine liberty consists in a mean equally distant from the -despotism of an individual and of a million," asserted Publicola. "Mr. -Paine seems to think it as easy for a nation to change its government as -for a man to change his coat." But "the extreme difficulty which impeded -the progress of its [the American Constitution's] adoption ... exhibits -the fullest evidence of what a more than Herculean task it is to unite -the opinions of a free people on any system of government whatever." - -The "mob" which Paine exalted as the common people, but which Publicola -thought was really only the rabble of the cities, "can be brought to act -in concert" only by "a frantic enthusiasm and ungovernable fury; their -profound ignorance and deplorable credulity make them proper tools for -any man who can inflame their passions; ... and," warned Publicola, "as -they have nothing to lose by the total dissolution of civil society, -their rage may be easily directed against any victim which may be -pointed out to them.... To set in motion this inert mass, the eccentric -vivacity of a madman is infinitely better calculated than the sober -coolness of phlegmatic reason." - -"Where," asked Publicola, "is the power that should control them -[Congress]?" if they violate the letter of the Constitution. Replying to -his own question, he asserted that the real check on Congress "is the -spirit of the people."[33] John Marshall had said the same thing in the -Virginia Constitutional Convention; but even at that early period the -Richmond attorney went further and flatly declared that the temporary -"spirit of the people" was not infallible and that the Supreme Court -could and would declare void an unconstitutional act of Congress--a -truth which he was, unguessed at that time by himself or anybody else, -to announce with conclusive power within a few years and at an hour when -dissolution confronted the forming Nation. - -Such is a rapid _précis_ of the conservative essays written by the -younger Adams. Taken together, they were a rallying cry to those who -dared to brave the rising hurricane of American sympathy with the French -Revolution; but they also strengthened the force of that growing storm. -Multitudes of writers attacked Publicola as the advocate of -"aristocracy" and "monarchy." "The papers under the signature of -PUBLICOLA have called forth a torrent of abuse," declared the final -essay of the series. - -Brown's "Federal Gazette" of Philadelphia branded Publicola's doctrines -as "abominable heresies"; and hoped that they would "not procure many -proselytes either to _monarchy_ or _aristocracy_."[34] The "Independent -Chronicle" of Boston asserted that Publicola was trying to build up a -"system of MONARCHY AND ARISTOCRACY ... on the ruins both of the -REPUTATION and LIBERTIES of the PEOPLE."[35] Madison reported to -Jefferson that because of John Adams's reputed authorship of these -unpopular letters, the supporters of the Massachusetts statesman had -become "perfectly insignificant in ... number" and that "in Boston he -is ... distinguished for his unpopularity."[36] - -In such fashion the controversy began in America over the French -Revolution. - -But whatever the misgivings of the conservative, whatever the alarm of -the timid, the overwhelming majority of Americans were for the French -Revolution and its doctrines;[37] and men of the highest ability and -station gave dignity to the voice of the people. - -In most parts of the country politicians who sought election to public -office conformed, as usual, to the popular view. It would appear that -the prevailing sentiment was influential even with so strong a -conservative and extreme a Nationalist as Madison, in bringing about his -amazing reversal of views which occurred soon after the Constitution was -adopted.[38] But those who, like Marshall, were not shaken, were made -firmer in their opinions by the very strength of the ideas thus making -headway among the masses. - -An incident of the French Revolution almost within sight of the American -coast gave to the dogma of equality a new and intimate meaning in the -eyes of those who had begun to look with disfavor upon the results of -Gallic radical thought. Marshall and Jefferson best set forth the -opposite impressions made by this dramatic event. - -"Early and bitter fruits of that malignant philosophy," writes Marshall, -"which ... can coolly and deliberately pursue, through oceans of blood, -abstract systems for the attainment of some fancied untried good, were -gathered in the French West Indies.... The revolutionists of France -formed the mad and wicked project of spreading their doctrines of -equality among persons [negroes and white people] between whom -distinctions and prejudices exist to be subdued only by the grave. The -rage excited by the pursuit of this visionary and baneful theory, after -many threatening symptoms, burst forth on the 23d day of August 1791, -with a fury alike destructive and general. - -"In one night, a preconcerted insurrection of the blacks took place -throughout the colony of St. Domingo; and the white inhabitants of the -country, while sleeping in their beds, were involved in one -indiscriminate massacre, from which neither age nor sex could afford an -exemption. Only a few females, reserved for a fate more cruel than -death, were intentionally spared; and not many were fortunate enough to -escape into the fortified cities. The insurgents then assembled in vast -numbers, and a bloody war commenced between them and the whites -inhabiting the towns."[39] - -After the African disciples of French liberty had overthrown white -supremacy in St. Domingo, Jefferson wrote his daughter that he had been -informed "that the Patriotic party [St. Domingo revolutionists] had -taken possession of 600 aristocrats & monocrats, had sent 200 of them to -France, & were sending 400 here.... I wish," avowed Jefferson, in this -intimate family letter, "we could distribute our 400 [white French -exiles] among the Indians, who would teach them lessons of liberty & -equality."[40] - -Events in France marched swiftly from one bloody climax to another still -more scarlet. All were faithfully reflected in the views of the people -of the United States. John Marshall records for us "the fervour of -democracy" as it then appeared in our infant Republic. He repeats that, -at first, every American wished success to the French reformers. But the -later steps of the movement "impaired this ... unanimity of opinion.... -A few who had thought deeply on the science of government ... believed -that ... the influence of the galleries over the legislature, and of -mobs over the executive; ... the tumultuous assemblages of the people -and their licentious excesses ... did not appear to be the symptoms of a -healthy constitution, or of genuine freedom.... They doubted, and they -feared for the future." - -Of the body of American public opinion, however, Marshall chronicles -that: "In total opposition to this sentiment was that of the public. -There seems to be something infectious in the example of a powerful and -enlightened nation verging towards democracy, which imposes on the human -mind, and leads human reason in fetters.... Long settled opinions yield -to the overwhelming weight of such dazzling authority. It wears the -semblance of being the sense of mankind, breaking loose from the -shackles which had been imposed by artifice, and asserting the freedom, -and the dignity, of his nature." - -American conservative writers, says Marshall, "were branded as the -advocates of royalty, and of aristocracy. To question the duration of -the present order of things [in France] was thought to evidence an -attachment to unlimited monarchy, or a blind prejudice in favour of -British institutions.... The war in which the several potentates of -Europe were engaged against France, although in almost every instance -declared by that power, was pronounced to be a war for the extirpation -of human liberty, and for the banishment of free government from the -face of the earth. The preservation of the constitution of the United -States was supposed to depend on its issue; and the coalition against -France was treated as a coalition against America also."[41] - -Marshall states, more clearly, perhaps, than any one else, American -conservative opinion of the time: "The circumstances under which the -abolition of royalty was declared, the massacres which preceded it, the -scenes of turbulence and violence which were acted in every part of the -nation, appeared to them [American conservatives] to present an awful -and doubtful state of things.... The idea that a republic was to be -introduced and supported by force, was, to them, a paradox in politics." - -Thus it was, he declares, that "the French revolution will be found to -have had great influence on the strength of parties, and on the -subsequent political transactions of the United States."[42] - -As the French storm increased, its winds blew ever stronger over the -responsive waters of American opinion. Jefferson, that accurate -barometer of public weather, thus registers the popular feeling: "The -sensations it [the French Revolution] has produced here, and the -indications of them in the public papers, have shown that the form our -own government was to take depended much more on the events of France -than anybody had before imagined."[43] Thus both Marshall and Jefferson -bear testimony as to the determining effect produced in America by the -violent change of systems in France. - -William Short, whom Jefferson had taken to France as his secretary, when -he was the American Minister to France, and who, when Jefferson returned -to the United States, remained as _chargé d'affaires_,[44] had written -both officially and privately of what was going on in France and of the -increasing dominance of the Jacobin Clubs.[45] Perhaps no more -trustworthy statement exists of the prevailing American view of the -French cataclysm than that given in Jefferson's fatherly letter to his -protégé:-- - -"The tone of your letters had for some time given me pain," wrote -Jefferson, "on account of the extreme warmth with which they censured -the proceedings of the Jacobins of France.[46]... Many guilty persons -[aristocrats] fell without the forms of trial, and with them some -innocent:... It was necessary to use the arm of the people, a machine -not quite so blind as balls and bombs, but blind to a certain degree.... - -"The liberty of the whole earth," continued Jefferson, "was depending on -the issue of the contest, and was ever such a prize won with so little -innocent blood? My own affections have been deeply wounded by some of -the martyrs to this cause, but rather than it should have failed, I -would have seen half the earth desolated. - -"Were there but an Adam & an Eve left in every country, & left free, it -would be better than as it now is," declared Jefferson; and "my -sentiments ... are really those of 99 in an hundred of our citizens," -was that careful political observer's estimate of American public -opinion. "Your temper of mind," Jefferson cautions Short, "would be -extremely disrelished if known to your countrymen. - -"There are in the U.S. some characters of opposite principles.... -Excepting them, this country is entirely republican, friends to the -constitution.... The little party above mentioned have espoused it only -as a stepping stone to monarchy.... The successes of republicanism in -France have given the coup de grace to their prospects, and I hope to -their projects. - -"I have developed to you faithfully the sentiments of your country," -Jefferson admonishes Short, "that you may govern yourself -accordingly."[47] - -Jefferson's count of the public pulse was accurate. "The people of this -country [Virginia] ... are unanimous & explicit in their sympathy with -the Revolution" was the weather-wise Madison's report.[48] And the fever -was almost as high in other States. - -When, after many executions of persons who had been "denounced" on mere -suspicion of unfriendliness to the new order of things, the neck of -Louis XVI was finally laid beneath the knife of the guillotine and the -royal head rolled into the executioner's basket, even Thomas Paine was -shocked. In a judicious letter to Danton he said:-- - -"I now despair of seeing the great object of European liberty -accomplished" because of "the tumultuous misconduct" of "the present -revolution" which "injure[s its] character ... and discourage[s] the -progress of liberty all over the world.... There ought to be some -regulation with respect to the spirit of denunciation that now -prevails."[49] - -So it was that Thomas Paine, in France, came to speak privately the -language which, in America, at that very hour, was considered by his -disciples to be the speech of "aristocracy," "monarchy," and -"despotism"; for the red fountains which drenched the fires of even -Thomas Paine's enthusiasm did not extinguish the flames his burning -words had lighted among the people of the United States. Indeed Paine, -himself, was attacked for regretting the execution of the King.[50] - -Three months after the execution of the French King, the new Minister of -the French Republic, "Citizen" Genêt, arrived upon our shores. He -landed, not at Philadelphia, then our seat of government, but at -Charleston, South Carolina. The youthful[51] representative of -Revolutionary France was received by public officials with obsequious -flattery and by the populace with a frenzy of enthusiasm almost -indescribable in its intensity. - -He acted on the welcome. He fitted out privateers, engaged seamen, -issued letters of marque and reprisal, administered to American citizens -oaths of "allegiance" to the authority then reigning in Paris. All this -was done long before he presented his credentials to the American -Government. His progress to our Capital was an unbroken festival of -triumph. Washington's dignified restraint was interpreted as hostility, -not only to Genêt, but also to "liberty." But if Washington's heart was -ice, the people's heart was fire. - -"We expect Mr. Genest here within a few days," wrote Jefferson, just -previous to the appearance of the French Minister in Philadelphia and -before our ignored and offended President had even an opportunity to -receive him. "It seems," Jefferson continued, "as if his arrival would -furnish occasion for the _people_ to testify their affections without -respect to the cold caution of their government."[52] - -Again Jefferson measured popular sentiment accurately. Genêt was made an -idol by the people. Banquets were given in his honor and extravagant -toasts were drunk to the Republic and the guillotine. Showers of fiery -"poems" filled the literary air.[53] "What hugging and tugging! What -addressing and caressing! What mountebanking and chanting! with liberty -caps and other wretched trumpery of _sans culotte_ foolery!" exclaimed a -disgusted conservative.[54] - -While all this was going on in America, Robespierre, as the incarnation -of liberty, equality, and fraternity in France, achieved the summit of -power and "The Terror" reached high tide. Marie Antoinette met the fate -of her royal husband, and the executioners, overworked, could not -satisfy the lust of the Parisian populace for human life. All this, -however, did not extinguish American enthusiasm for French liberty. - -Responding to the wishes of their subscribers, who at that period were -the only support of the press, the Republican newspapers suppressed such -atrocities as they could, but when concealment was impossible, they -defended the deeds they chronicled.[55] It was a losing game to do -otherwise, as one of the few journalistic supporters of the American -Government discovered to his sorrow. Fenno, the editor of the "Gazette -of the United States," found opposition to French revolutionary ideas, -in addition to his support of Hamilton's popularly detested financial -measures,[56] too much for him. The latter was load enough; but the -former was the straw that broke the conservative editor's back. - -"I am ... incapacitate[d] ... from printing another paper without the -aid of a considerable loan," wrote the bankrupt newspaper opponent of -French doctrines and advocate of Washington's Administration. "Since the -18th September, [1793] I have rec'd only 35-1/4 dollars," Fenno -lamented. "Four years & an half of my life is gone for nothing; & worse -(for I have a Debt of 2500 Dollars on my Shoulders), if at this crisis -the hand of benevolence & _patriotism_ is not extended."[57] - -Forgotten by the majority of Americans was the assistance which the -demolished French Monarchy and the decapitated French King had given the -American army when, but for that assistance, our cause had been lost. -The effigy of Louis XVI was guillotined by the people, many times every -day in Philadelphia, on the same spot where, ten years before, as a -monument of their gratitude, these same patriots had erected a triumphal -arch, decorated with the royal lilies of France bearing the motto, "They -exceed in glory," surmounted by a bust of Louis inscribed, "His merit -makes us remember him."[58] - -At a dinner in Philadelphia upon the anniversary of the French King's -execution, the dead monarch was represented by a roasted pig. Its head -was cut off at the table, and each guest, donning the liberty cap, -shouted "tyrant" as with his knife he chopped the sundered head of the -dead swine.[59] The news of the beheading of Louis's royal consort met -with a like reception. "I have heard more than one young woman under the -age of twenty declare," testifies Cobbett, "that they would willingly -have dipped their hands in the blood of the queen of France."[60] - -But if the host of American radicals whom Jefferson led and whose spirit -he so truly interpreted were forgetful of the practical friendship of -French Royalty in our hour of need, American conservatives, among whom -Marshall was developing leadership, were also unmindful of the dark -crimes against the people which, at an earlier period, had stained the -Monarchy of France and gradually cast up the account that brought on the -inevitable settlement of the Revolution. The streams of blood that -flowed were waters of Lethe to both sides. - -Yet to both they were draughts which produced in one an obsession of -reckless unrestraint and in the other a terror of popular rule no less -exaggerated.[61] Of the latter class, Marshall was, by far, the most -moderate and balanced, although the tragic aspect of the convulsion in -which French liberty was born, came to him in an especially direct -fashion, as we have seen from the Morris correspondence already cited. - -Another similar influence on Marshall was the case of Lafayette. The -American partisans of the French Revolution accused this man, who had -fought for us in our War for Independence, of deserting the cause of -liberty because he had striven to hold the Gallic uprising within -orderly bounds. When, for this, he had been driven from his native land -and thrown into a foreign dungeon, Freneau thus sang the conviction of -the American majority:-- - - "Here, bold in arms, and firm in heart, - He help'd to gain our cause, - Yet could not from a tyrant part, - But, turn'd to embrace his laws!"[62] - -Lafayette's expulsion by his fellow Republicans and his imprisonment by -the allied monarchs, was brought home to John Marshall in a very direct -and human fashion. His brother, James M. Marshall, was sent by -Washington[63] as his personal representative, to plead unofficially for -Lafayette's release. Marshall tells us of the strong and tender personal -friendship between Washington and Lafayette and of the former's anxiety -for the latter. But, writes Marshall: "The extreme jealousy with which -the persons who administered the government of France, as well as a -large party in America, watched his [Washington's] deportment towards -all those whom the ferocious despotism of the jacobins had exiled from -their country" rendered "a formal interposition in favour of the -virtuous and unfortunate victim [Lafayette] of their furious -passions ... unavailing." - -Washington instructed our ministers to do all they could "unofficially" -to help Lafayette, says Marshall; and "a confidential person [Marshall's -brother James] had been sent to Berlin to solicit his discharge: but -before this messenger had reached his destination, the King of Prussia -had delivered over his illustrious prisoner to the Emperor of -Germany."[64] Washington tried "to obtain the powerful mediation of -Britain" and hoped "that the cabinet of St. James would take an interest -in the case; but this hope was soon dissipated." Great Britain would do -nothing to secure from her allies Lafayette's release.[65] - -Thus Marshall, in an uncommonly personal way, was brought face to face -with what appeared to him to be the injustice of the French -revolutionists. Lafayette, under whom John Marshall had served at -Brandywine and Monmouth; Lafayette, leader of the movement in France for -a free government like our own; Lafayette, hated by kings and -aristocrats because he loved genuine liberty, and yet exiled from his -own country by his own countrymen for the same reason[66]--this picture, -which was the one Marshall saw, influenced him profoundly and -permanently. - -Humor as well as horror contributed to the repugnance which Marshall and -men of his type felt ever more strongly for what they considered to be -mere popular caprice. The American passion for equality had its comic -side. The public hatred of all rank did not stop with French royalty -and nobility. Because of his impassioned plea in Parliament for the -American cause, a statue of Lord Chatham had been erected at Charleston, -South Carolina; the people now suspended it by the neck in the air until -the sculptured head was severed from the body. But Chatham was dead and -knew only from the spirit world of this recognition of his bold words in -behalf of the American people in their hour of trial and of need. In -Virginia the statue of Lord Botetourt was beheaded.[67] This nobleman -was also long since deceased, guilty of no fault but an effort to help -the colonists, more earnest than some other royal governors had -displayed. Still, in life, he had been called a "lord"; so off with the -head of his statue! - -In the cities, streets were renamed. "Royal Exchange Alley" in Boston -became "Equality Lane"; and "Liberty Stump" was the name now given to -the base of a tree that formerly had been called "Royal." In New York, -"_Queen Street_ became _Pearl Street_; and _King Street_, Liberty -Street."[68] The liberty cap was the popular headgear and everybody wore -the French cockade. Even the children, thus decorated, marched in -processions,[69] singing, in a mixture of French and English words, the -meaning of which they did not in the least understand, the glories of -"liberté, égalité, fraternité." - -At a town meeting in Boston resolutions asking that a city charter be -granted were denounced as an effort to "destroy the liberties of the -people; ... a link in the chain of aristocratic influence."[70] Titles -were the especial aversion of the masses. Even before the formation of -our government, the people had shown their distaste for all formalities, -and especially for terms denoting official rank; and, after the -Constitution was adopted, one of the first things Congress did was to -decide against any form of address to the President. Adams and Lee had -favored some kind of respectful designation of public officials. This -all-important subject had attracted the serious thought of the people -more than had the form of government, foreign policy, or even taxes. - -Scarcely had Washington taken his oath of office when David Stuart -warned him that "nothing could equal the ferment and disquietude -occasioned by the proposition respecting titles. As it is believed to -have originated from Mr. Adams and Mr. Lee, they are not only unpopular -to an extreme, but highly odious.... It has given me much pleasure to -hear every part of your conduct spoken of with high approbation, and -particularly your dispensing with ceremony, occasionally walking the -streets; while Adams is never seen but in his carriage and six. As -trivial as this may appear," writes Stuart, "it appears to be more -captivating to the generality, than matters of more importance. Indeed, -I believe the great herd of mankind form their judgments of characters, -more from such slight occurrences, than those of greater magnitude."[71] - -This early hostility to ostentation and rank now broke forth in rabid -virulence. In the opinion of the people, as influenced by the French -Revolution, a Governor or President ought not to be referred to as "His -Excellency"; nor a minister of the gospel as "Reverend." Even "sir" or -"esquire" were, plainly, "monarchical." The title "Honorable" or "His -Honor," when applied to any official, even a judge, was base pandering -to aristocracy. "Mr." and "Mrs." were heretical to the new religion of -equality. Nothing but "citizen"[72] would do--citizen judge, citizen -governor, citizen clergyman, citizen colonel, major, or general, citizen -baker, shoemaker, banker, merchant, and farmer,--citizen everybody. - -To address the master of ceremonies at a dinner or banquet or other -public gathering as "Mr. Chairman" or "Mr. Toastmaster" was -aristocratic: only "citizen chairman" or "citizen toastmaster" was the -true speech of genuine liberty.[73] And the name of the _Greek_ letter -college fraternity, Phi Beta Kappa, was the trick of kings to ensnare -our unsuspecting youth. Even "[Greek: Ph.B.K.]" was declared to be "an -infringement of the natural rights of society." A college fraternity was -destructive of the spirit of equality in American colleges.[74] -"_Lèse-républicanisme_" was the term applied to good manners and -politeness.[75] - -Such were the surface and harmless evidences of the effect of the French -Revolution on the great mass of American opinion. But a serious and -practical result developed. Starting with the mother organization at -Philadelphia, secret societies sprang up all over the Union in imitation -of the Jacobin Clubs of France. Each society had its corresponding -committee; and thus these organizations were welded into an unbroken -chain. Their avowed purpose was to cherish the principles of human -freedom and to spread the doctrine of true republicanism. But they soon -became practical political agencies; and then, like their French -prototype, the sowers of disorder and the instigators of -insurrection.[76] - -The practical activities of these organizations aroused, at last, the -open wrath of Washington. They "are spreading mischief far and wide," he -wrote;[77] and he declared to Randolph that "if these self-created -societies cannot be discountenanced, they will destroy the government of -this country."[78] - -Conservative apprehensions were thus voiced by George Cabot: "We have -seen ... the ... representatives of the people butchered, and a band of -relentless murderers ruling in their stead with rods of iron. Will not -this, or something like it, be the wretched fate of our country?... Is -not this hostility and distrust [to just opinions and right sentiments] -chiefly produced by the slanders and falsehoods which the anarchists -incessantly inculcate?"[79] - -Young men like John Quincy Adams of Massachusetts and John Marshall of -Virginia thought that "the rabble that followed on the heels of Jack -Cade could not have devised greater absurdities than" the French -Revolution had inspired in America;[80] but they were greatly -outnumbered by those for whom Jefferson spoke when he said that "I feel -that the permanence of our own [Government] leans" on the success of the -French Revolution.[81] - -The American democratic societies, like their French originals, declared -that theirs was the voice of "the people," and popular clamor justified -the claim.[82] Everybody who dissented from the edicts of the clubs was -denounced as a public robber or monarchist. "What a continual yelping -and barking are our Swindlers, Aristocrats, Refugees, and British Agents -making at the Constitutional Societies" which were "like a noble -mastiff ... with ... impotent and noisy puppies at his heels," cried the -indignant editor of the "Independent Chronicle" of Boston,[83] to whom -the democratic societies were "guardians of liberty." - -While these organizations strengthened radical opinion and fashioned -American sympathizers of the French Revolution into disciplined ranks, -they also solidified the conservative elements of the United States. -Most viciously did the latter hate these "Jacobin Clubs," the principles -they advocated, and their interference with public affairs. "They were -born in sin, the impure offspring of Genêt," wrote Fisher Ames. - -"They are the few against the many; the sons of darkness (for their -meetings are secret) against those of the light; and above all, it is a -_town_ cabal, attempting to rule the _country_."[84] This testy New -Englander thus expressed the extreme conservative feeling against the -"insanity which is epidemic":[85] "This French mania," said Ames, "is -the bane of our politics, the mortal poison that makes our peace so -sickly."[86] "They have, like toads, sucked poison from the earth. They -thirst for vengeance."[87] "The spirit of mischief is as active as the -element of fire and as destructive."[88] Ames describes the activities -of the Boston Society and the aversion of the "better classes" for it: -"The club is despised here by men of right heads," he writes. "But ... -they [the members of the Club] poison every spring; they whisper lies to -every gale; they are everywhere, always acting like Old Nick and his -imps.... They will be as busy as Macbeth's witches at the -election."[89] - -In Virginia the French Revolution and the American "Jacobins" helped to -effect that change in Patrick Henry's political sentiments which his -increasing wealth had begun. "If my Country," wrote Henry to Washington, -"is destined in my day to encounter the horrors of anarchy, every power -of mind or body which I possess will be exerted in support of the -government under which I live."[90] As to France itself, Henry predicted -that "anarchy will be succeeded by despotism" and Bonaparte, -"Caesar-like, subvert the liberties of his country."[91] - -Marshall was as much opposed to the democratic societies as was -Washington, or Cabot, or Ames, but he was calmer in his opposition, -although vitriolic enough. When writing even ten years later, after time -had restored perspective and cooled feeling, Marshall says that these -"pernicious societies"[92] were "the resolute champions of all the -encroachments attempted by the agents of the French republic on the -government of the United States, and the steady defamers of the views -and measures of the American executive."[93] He thus describes their -decline:-- - -"The colossean power of the [French] clubs, which had been abused to an -excess that gives to faithful history the appearance of fiction, fell -with that of their favourite member, and they sunk into long merited -disgrace. The means by which their political influence had been -maintained were wrested from them; and, in a short time, their meetings -were prohibited. Not more certain is it that the boldest streams must -disappear, if the fountains which fed them be emptied, than was the -dissolution of the democratic societies of America, when the Jacobin -clubs were denounced by France. As if their destinies depended on the -same thread, the political death of the former was the unerring signal -for that of the latter."[94] - -Such was the effect of the French Revolution on American thought at the -critical period of our new Government's first trials. To measure justly -the speech and conduct of men during the years we are now to review, -this influence must always be borne in mind. It was woven into every -great issue that arose in the United States. Generally speaking, the -debtor classes and the poorer people were partisans of French -revolutionary principles; and the creditor classes, the mercantile and -financial interests, were the enemies of what they called "Jacobin -philosophy." In a broad sense, those who opposed taxes, levied to -support a strong National Government, sympathized with the French -Revolution and believed in its ideas; those who advocated taxes for that -purpose, abhorred that convulsion and feared its doctrines. - -Those who had disliked government before the Constitution was -established and who now hated National control, heard in the preachings -of the French revolutionary theorists the voice of their hearts; while -those who believed that government is essential to society and -absolutely indispensable to the building of the American Nation, heard -in the language and saw in the deeds of the French Revolution the forces -that would wreck the foundations of the state even while they were but -being laid and, in the end, dissolve society itself. Thus were the ideas -of Nationality and localism in America brought into sharper conflict by -the mob and guillotine in France. - -All the passion for irresponsible liberty which the French Revolution -increased in America, as well as all the resentment aroused by the -financial measures and foreign policy of the "Federal Administrations," -were combined in the opposition to and attacks upon a strong National -Government. Thus provincialism in the form of States' Rights was given a -fresh impulse and a new vitality. Through nearly all the important -legislation and diplomacy of those stirring and interpretative years -ran, with ever increasing clearness, the dividing line of Nationalism as -against localism. - -Such are the curious turns of human history. Those whom Jefferson led -profoundly believed that they were fighting for human rights; and in -their view and as a practical matter at that particular time this sacred -cause meant State Rights. For everything which they felt to be -oppressive, unjust, and antagonistic to liberty, came from the National -Government. By natural contrast in their own minds, as well as by -assertions of their leaders, the State Governments were the sources of -justice and the protectors of the genuine rights of man. - -In the development of John Marshall as well as of his great ultimate -antagonist, Thomas Jefferson, during the formative decade which we are -now to consider, the influence of the French Revolution must never be -forgotten. Not a circumstance of the public lives of these two men and -scarcely an incident of their private experience but was shaped and -colored by this vast series of human events. Bearing in mind the -influence of the French Revolution on American opinion, and hence, on -Marshall and Jefferson, let us examine the succeeding years in the light -of this determining fact. - - -FOOTNOTES: - -[1] "That the principles of America opened the Bastille is not to be -doubted." (Thomas Paine to Washington, May 1, 1790; _Cor. Rev.^2_: -Sparks, iv, 328.) "The principles of it [the French Revolution] were -copied from America." (Paine to Citizens of the United States, Nov. 15, -1802; _Writings_: Conway, iii, 381.) - -"Did not the American Revolution produce the French Revolution? And did -not the French Revolution produce all the Calamities and Desolations to -the human Race and the whole Globe ever since?" (Adams to Rush, Aug. 28, -1811; _Old Family Letters_, 352.) - -"Many of ... the leaders [of the French Revolution] have imbibed their -principles in America, and all have been fired by our example." -(Gouverneur Morris to Washington, Paris, April 29, 1789; _Cor. Rev._: -Sparks, iv, 256.) - -"All the friends of freedom on this side the Atlantic are now rejoicing -for an event which ... has been accelerated by the American -Revolution.... You have been the means of raising that spirit in Europe -which ... will ... extinguish every remain of that barbarous servitude -under which all the European nations, in a less ... degree, have so long -been subject." (Catharine M. Graham to Washington, Berks (England), Oct. -1789; _ib._, 284; and see Cobbett, i, 97.) - -[2] See vol. I, chap. VIII, of this work. - -[3] Marshall, ii, 155. "The mad harangues of the [French] National -Convention were all translated and circulated through the States. The -enthusiasm they excited it is impossible for me to describe." (Cobbett -in "Summary View"; Cobbett, i, 98.) - -[4] Jefferson to Humphreys, March 18, 1789; _Works_: Ford, v, 467. - -[5] Jefferson to Madison, Aug. 28, 1789; _ib._, 490. - -[6] _Boston Gazette_, Sept. 7 and Nov. 30, 1789; as quoted in Hazen; and -see Hazen, 142-43. - -[7] Gouverneur Morris to Washington, Paris, April 29, 1789; _Cor. Rev._: -Sparks, iv, 256. Even Jefferson had doubted French capacity for -self-government because of what he described as French light-mindedness. -(Jefferson to Mrs. Adams, Feb. 22, 1787; _Works_: Ford, v, 263; also see -vol. I, chap. VIII, of this work.) - -[8] Morris to Washington, July 31, 1789; _Cor. Rev._: Sparks, iv, 270. - -[9] Lafayette to Washington, May 25, 1788; _Cor. Rev._: Sparks, iv, 216. -Lafayette's letters to Washington, from the beginning of the French -Revolution down to his humiliating expulsion from France, constitute a -thermometer of French temperature, all the more trustworthy because his -letters are so naïve. For example, in March, 1790: "Our revolution is -getting on as well as it can, with a nation that has swallowed liberty -at once, and is still liable to mistake licentiousness for freedom." Or, -in August of the same year: "I have lately lost some of my favor with -the mob, and displeased the frantic lovers of licentiousness, as I am -bent on establishing a legal subordination." Or, six months later: "I -still am tossed about in the ocean of factions and commotions of every -kind." Or, two months afterwards: "There appears a kind of phenomenon in -my situation; all parties against me, and a national popularity which, -in spite of every effort, has been unshakable." (Lafayette to -Washington, March 17, 1790; _ib._, 321; Aug. 28, _ib._, 345; March 7, -1791, _ib._, 361; May 3, 1791, _ib._, 372.) - -[10] G. Morris to R. Morris, Dec. 24, 1792; Morris, ii, 15. - -[11] _Ib._, i, 582-84. - -[12] Louis Otto to De Montmorin, March 10, 1792; _Writings_: Conway, -iii, 153. - -[13] _Ib._, 154-56. - -[14] Morris associated with the nobility in France and accepted the -aristocratic view. (_Ib._; and see A. Esmein, Membre de l'Institut: -_Gouverneur Morris, un témoin américain de la révolution française_, -Paris, 1906.) - -[15] Marshall, ii, note xvi, p. 17. - -[16] Recent investigation establishes the fact that the inmates of the -Bastille generally found themselves very well off indeed. The records of -this celebrated prison show that even prisoners of mean station, when -incarcerated for so grave a crime as conspiracy against the King's life, -had, in addition to remarkably abundant meals, an astonishing amount of -extra viands and refreshments including comfortable quantities of wine, -brandy, and beer. Prisoners of higher station fared still more -generously, of course. (Funck-Brentano: _Legends of the Bastille_, -85-113; see also _ib._, introduction.) It should be said, however, that -the _lettres de cachet_ were a chief cause of complaint, although the -stories, generally exaggerated, concerning the cruel treatment of -prisoners came to be the principal count of the public indictment of the -Bastille. - -[17] Lafayette to Washington, March 17, 1790; _Cor. Rev._: Sparks, iv, -322. - -[18] Washington to Lafayette, August 11, 1790; _Writings:_ Ford, xi, -493. - -[19] Paine to Washington, May 1, 1790; _Cor. Rev._: Sparks, iv, 328. -Paine did not, personally, bring the key, but forwarded it from London. - -[20] Burke in the House of Commons; _Works_: Burke, i, 451-53. - -[21] _Ib._ - -[22] _Reflections on the Revolution in France_; _ib._, i, 489. Jefferson -well stated the American radical opinion of Burke: "The Revolution of -France does not astonish me so much as the Revolution of Mr. Burke.... -How mortifying that this evidence of the rottenness of his mind must -oblige us now to ascribe to wicked motives those actions of his life -which were the mark of virtue & patriotism." (Jefferson to Vaughan, May -11, 1791; _Works_: Ford, vi, 260.) - -[23] Paine had not yet lost his immense popularity in the United States. -While, later, he came to be looked upon with horror by great numbers of -people, he enjoyed the regard and admiration of nearly everybody in -America at the time his _Rights of Man_ appeared. - -[24] _Writings_: Conway, ii, 272. - -[25] _Writings_: Conway, ii, 406. At this very moment the sympathizers -with the French Revolution in America were saying exactly the reverse. - -[26] _Writings_: Conway, ii, 278-79, 407, 408, 413, 910. - -[27] Compare with Jefferson's celebrated letter to Mazzei (_infra_, -chap. VII). Jefferson was now, however, in Washington's Cabinet. - -[28] Jefferson to Paine, June 19, 1792; _Works_: Ford, vii, 121-22; and -see Hazen, 157-60. Jefferson had, two years before, expressed precisely -the views set forth in Paine's _Rights of Man_. Indeed, he stated them -in even more startling terms. (See Jefferson to Madison, Sept. 6, 1789; -_ib._, vi, 1-11.) - -[29] _Writings, J. Q. A._: Ford, i, 65-110. John Quincy Adams wrote -these admirable essays when he was twenty-four years old. Their logic, -wit, and style suggest the writer's incomparable mother. Madison, who -remarked their quality, wrote to Jefferson: "There is more of method ... -in the arguments, and much less of clumsiness & heaviness in the style, -than characterizes his [John Adams's] writings." (Madison to Jefferson, -July 13, 1791; _Writings_: Hunt, vi, 56.) - -The sagacious industry of Mr. Worthington C. Ford has made these and all -the other invaluable papers of the younger Adams accessible, in his -_Writings of John Quincy Adams_ now issuing. - -[30] Jefferson to Adams, July 17, 1791; _Works_: Ford, vi, 283, and -footnote; also see Jefferson to Washington, May 8, 1791; _ib._, 255-56. - -Jefferson wrote Washington and the elder Adams, trying to evade his -patronage of Paine's pamphlet; but, as Mr. Ford moderately remarks, -"the explanation was somewhat lame." (_Writings, J. Q. A._: Ford, i, 65; -and see Hazen, 156-57.) Later Jefferson avowed that "Mr. Paine's -principles ... were the principles of the citizens of the U. S." -(Jefferson to Adams, Aug. 30, 1791; _Works_: Ford, vi, 314.) To his -intimate friend, Monroe, Jefferson wrote that "Publicola, in attacking -all Paine's principles, is very desirous of involving me in the same -censure with the author. I certainly merit the same, for I profess the -same principles." (Jefferson to Monroe, July 10, 1791; _ib._, 280.) - -Jefferson at this time was just on the threshold of his discovery of and -campaign against the "deep-laid plans" of Hamilton and the Nationalists -to transform the newborn Republic into a monarchy and to deliver the -hard-won "liberties" of the people into the rapacious hands of -"monocrats," "stockjobbers," and other "plunderers" of the public. (See -next chapter.) - -[31] _Writings, J. Q. A._: Ford, i, 65-66. - -[32] Although John Quincy Adams had just been admitted to the bar, he -was still a student in the law office of Theophilus Parsons at the time -he wrote the Publicola papers. - -[33] _Writings, J. Q. A._: Ford, i, 65-110. - -[34] _Writings, J. Q. A._: Ford, i, footnote to 107. - -"As soon as Publicola attacked Paine, swarms appeared in his defense.... -Instantly a host of writers attacked Publicola in support of those -[Paine's] principles." (Jefferson to Adams, Aug. 30, 1791; _Works_: -Ford, vi, 314; and see Jefferson to Madison, July 10, 1791; _ib._, 279.) - -[35] _Writings, J. Q. A._: Ford, i, 110. - -[36] Madison to Jefferson, July 13, 1791; _Writings_; Hunt, vi, 56; and -see Monroe to Jefferson, July 25, 1791; Monroe's _Writings_: Hamilton, -i, 225-26. - -[37] A verse of a song by French Revolutionary enthusiasts at a Boston -"CIVIC FESTIVAL in commemoration of the SUCCESSES of their French -brethren in their glorious enterprise for the ESTABLISHMENT of EQUAL -LIBERTY," as a newspaper describes the meeting, expresses in reserved -and moderate fashion the popular feeling:-- - - "See the bright flame arise, - In yonder Eastern skies - Spreading in veins; - 'T is pure Democracy - Setting all Nations free - Melting their chains." - -At this celebration an ox with gilded horns, one bearing the French flag -and the other the American; carts of bread and two or three hogsheads of -rum; and other devices of fancy and provisions for good cheer were the -material evidence of the radical spirit. (See _Columbian Centinel_, Jan. -26, 1793.) - -[38] It is certain that Madison could not possibly have continued in -public life if he had remained a conservative and a Nationalist. (See -next chapter.) - -[39] Marshall, ii, 239. - -[40] Jefferson to Martha Jefferson Randolph, May 26, 1793; _Works_: -Ford, vii, 345. - -[41] Marshall, ii, 249-51. - -[42] Marshall, ii, 251-52. - -[43] Jefferson to T. M. Randolph, Jan. 7, 1793; _Works_: Ford, vii, 207. - -[44] Mass. Hist. Collections (7th Series), i, 138. - -[45] Typical excerpts from Short's reports to Jefferson are: July 20, -1792: "Those mad & corrupted people in France who under the name of -liberty have destroyed their own government [French Constitution of -1791] & disgusted all ... men of honesty & property.... All the rights -of humanity ... are daily violated with impunity ... universal anarchy -prevails.... There is no succour ... against mobs & factions which have -assumed despotic power." - -July 31: "The factions which have lately determined the system ... for -violating all the bonds of civil society ... have disgusted all, except -the _sans culottes_ ... with the present order of things ... the most -perfect & universal disorder that ever reigned in any country. Those who -from the beginning took part in the revolution ... have been disgusted, -by the follies, injustice, & atrocities of the Jacobins.... All power -[is] in the hands of the most mad, wicked & atrocious assembly that ever -was collected in any country." - -August 15: "The Swiss guards have been massacred by the people & ... -streets literally are red with blood." - -October 12: "Their [French] successes abroad are unquestionably evils -for humanity. The spirit which they will propagate is so destructive of -all order ... so subversive of all ideas of justice--the system they aim -at so absolutely visionary & impracticable--that their efforts can end -in nothing but despotism after having bewildered the unfortunate people, -whom they render free in their way, in violence & crimes, & wearied them -with sacrifices of blood, which alone they consider worthy of the furies -whom they worship under the names of _Liberté_ & _Egalité_!" - -August 24: "I sh^d. not be at all surprized to hear of the present -leaders being hung by the people. Such has been the moral of this -revolution from the beginning. The people have gone farther than their -leaders.... We may expect ... to hear of such proceedings, under the -cloak of liberty, _égalité_ & patriotism as would disgrace any _chambre -ardente_ that has ever created in humanity shudders at the idea." (Short -MSS., Lib. Cong.) - -These are examples of the statements to which Jefferson's letter, quoted -in the text following, was the reply. Short's most valuable letters are -from The Hague, to which he had been transferred. They are all the more -important, as coming from a young radical whom events in France had -changed into a conservative. And Jefferson's letter is conclusive of -American popular sentiment, which he seldom opposed. - -[46] Almost at the same time Thomas Paine was writing to Jefferson from -Paris of "the Jacobins who act without either prudence or morality." -(Paine to Jefferson, April 20, 1793; _Writings_: Conway, iii, 132.) - -[47] Jefferson to Short, Jan. 3, 1793; _Works_: Ford, vii, 202-05. Short -had written Jefferson that Morris, then in Paris, would inform him of -French conditions. Morris had done so. For instance, he wrote officially -to Jefferson, nearly four months before the latter's letter to Short -quoted in the text, that: "We have had one week of unchecked murders, in -which some thousands have perished in this city [Paris]. It began with -between two and three hundred of the clergy, who would not take the oath -prescribed by law. Thence these _executors of speedy justice_ went to -the Abbaye, where the prisoners were confined who were at Court on the -10th. Madame de Lamballe ... was beheaded and disembowelled; the head -and entrails paraded on pikes through the street, and the body dragged -after them," etc., etc. (Morris to Jefferson, Sept. 10, 1792; Morris, i, -583-84.) - -[48] Madison to Jefferson, June 17, 1793; _Writings_: Hunt, vi, 133. - -[49] Paine to Danton, May 6, 1793; _Writings_: Conway, iii, 135-38. - -[50] "Truth," in the _General Advertiser_ (Philadelphia), May 8, 1793. -"Truth" denied that Louis XVI had aided us in our Revolution and -insisted that it was the French Nation that had come to our assistance. -Such was the disregard of the times for even the greatest of historic -facts, and facts within the personal knowledge of nine tenths of the -people then living. - -[51] See _Writings, J. Q. A._: Ford, i, 151. - -[52] Jefferson to Madison, April 28, 1793; _Works_: Ford, vii, 301. - -[53] For examples of these, see Hazen, 220-45. - -[54] Graydon, 363. - -[55] Freneau's _National Gazette_ defended the execution of the King and -the excesses of the Terror. (Hazen, 256; and see Cobbett, iii, 4.) While -Cobbett, an Englishman, was a fanatic against the whole democratic -movement, and while his opinions are violently prejudiced, his -statements of fact are generally trustworthy. "I have seen a bundle of -Gazettes published all by the same man, wherein Mirabeau, Fayette, -Brissot, Danton, Robespierre, and Barras, are all panegyrized and -execrated in due succession." (_Ib._, i, 116.) Cobbett did his best to -turn the radical tide, but to no purpose. "Alas!" he exclaimed, "what -can a straggling pamphlet ... do against a hundred thousand volumes of -miscellaneous falsehood in folio?" (_Ib._, iii, 5.) - -[56] See next chapter. - -[57] Fenno to Hamilton, Nov. 9, 1793; King, i, 501-02. "The hand of -benevolence & _patriotism_" was extended, it appears: "If you can ... -raise 1000 Dollars in New York, I will endeavor to raise another -Thousand at Philadelphia. If this cannot be done, we must lose his -[Fenno's and the _Gazette of the United States_] services & he will be -the Victim of his honest public spirit." (Hamilton to King, Nov. 11, -1793; King, i, 502.) - -[58] Cobbett, i, footnote to 114. Curiously enough Louis XVI had -believed that he was leading the French people in the reform movement. -Thomas Paine, who was then in Paris, records that "The King ... prides -himself on being the head of the revolution." (Paine to Washington, May -1, 1790; _Cor. Rev._: Sparks, iv, 328.) - -[59] Cobbett, i, 113-14; and see Hazen, 258. For other accounts of the -"feasts" in honor of _liberté, égalité, et fraternité_, in America, see -_ib._, 165-73. - -[60] Cobbett, i, 113. - -[61] For instance, the younger Adams wrote that the French Revolution -had "contributed more to ... Vandalic ignorance than whole centuries can -retrieve.... The myrmidons of Robespierre were as ready to burn -libraries as the followers of Omar; and if the principle is finally to -prevail which puts the sceptre of Sovereignty in the hands of European -Sans Culottes, they will soon reduce everything to the level of their -own ignorance." (John Quincy Adams to his father, July 27, 1795; -_Writings, J. Q. A._: Ford, i, 389.) - -And James A. Bayard wrote that: "The Barbarians who inundated the Roman -Empire and broke to pieces the institutions of the civilized world, in -my opinion innovated the state of things not more than the French -revolution." (Bayard to Bassett, Dec. 30, 1797; _Bayard Papers_: Donnan, -47.) - -[62] Freneau, iii, 86. - -[63] Marshall, ii, 387. - -[64] Austria. - -[65] Marshall, ii, 387. - -[66] "They have long considered the M^{is} de lafayette as really the -firmest supporter of the principles of liberty in France--& as they are -for the most part no friends to these principles anywhere, they cannot -conceal the pleasure they [the aristocracy at The Hague] feel at their -[principles of liberty] supporters' being thus expelled from the country -where he laboured to establish them." (Short to Jefferson, Aug. 24, -1792; Short MSS., Lib. Cong.) - -[67] Cobbett, i, 112. - -[68] _Ib._ When the corporation of New York City thus took all monarchy -out of its streets, Noah Webster suggested that, logically, the city -ought to get rid of "this vile aristocratical name New York"; and, why -not, inquired he, change the name of Kings County, Queens County, and -Orange County? "Nay," exclaimed the sarcastic savant, "what will become -of the people named King? Alas for the liberties of such people!" -(Hazen, 216.) - -[69] Hazen, 218. - -[70] J. Q. Adams, to T. B. Adams, Feb. 1, 1792; _Writings, J. Q. A._: -Ford, i, 111-13. - -[71] Stuart to Washington, July 14, 1789; _Cor. Rev._: Sparks, iv, -265-66; and see Randolph to Madison, May 19, 1789; Conway, 124. - -[72] See Hazen, 209-15. - -[73] _Ib._, 213. - -[74] See Hazen, 215. - -[75] Cobbett, i, 111. - -[76] For an impartial and comprehensive account of these clubs see -Hazen, 188-208; also, Marshall, ii, 269 _et seq._ At first many -excellent and prominent men were members; but these withdrew when the -clubs fell under the control of less unselfish and high-minded persons. - -[77] Washington to Thruston, Aug. 10, 1794; _Writings_: Ford, xii, 451. - -[78] Washington to Randolph, Oct. 16, 1794; _ib._, 475; and see -Washington to Lee, Aug. 26, 1794; _ib._, 455. - -[79] Cabot to Parsons, Aug. 12, 1794; Lodge: _Cabot_, 79. - -[80] J. Q. Adams to John Adams, Oct. 19, 1790; _Writings, J. Q. A._: -Ford, i, 64. - -[81] Jefferson to Rutledge, Aug. 29, 1791; _Works_: Ford, vi, 309. - -[82] See Hazen, 203-07. - -[83] September 18, 1794. - -[84] Ames to Dwight, Sept. 11, 1794; _Works_: Ames, i, 150. - -[85] Cabot to King, July 25, 1795; Lodge: _Cabot_, 80. - -[86] Ames to Gore, March 26, 1794; _Works_: Ames, i, 139. - -[87] Ames to Minot, Feb. 20, 1793; _ib._, 128. - -[88] Ames to Gore, Jan. 28, 1794; _ib._, 134. - -[89] Ames to Dwight, Sept. 3, 1794; _ib._, 148. - -[90] Henry to Washington, Oct. 16, 1795; Henry, ii, 559. - -[91] _Ib._, 576. - -[92] Marshall, ii, 353. - -[93] _Ib._, 269. - -[94] Marshall, ii, 353-54. - - - - -CHAPTER II - -A VIRGINIA NATIONALIST - - Lace Congress up straitly within the enumerated powers. - (Jefferson.) - - Construe the constitution liberally in advancement of the common - good. (Hamilton.) - - To organize government, to retrieve the national character, to - establish a system of revenue, to create public credit, were among - the duties imposed upon them. (Marshall.) - - I trust in that Providence which has saved us in six troubles, - yea, in seven, to rescue us again. (Washington.) - - -The Constitution's narrow escape from defeat in the State Conventions -did not end the struggle against the National principle that pervaded -it.[95] The Anti-Nationalists put forth all their strength to send to -the State Legislatures and to the National House and Senate as many -antagonists of the National idea as possible.[96] "Exertions will be -made to engage two thirds of the legislatures in the task of regularly -undermining the government" was Madison's "hint" to Hamilton.[97] - -Madison cautioned Washington to the same effect, suggesting that a still -more ominous part of the plan was "to get a Congress appointed in the -first instance that will commit suicide on their own Authority."[98] -Not yet had the timorous Madison personally felt the burly hand of the -sovereign people so soon to fall upon him. Not yet had he undergone that -familiar reversal of principles wrought in those politicians who keep an -ear to the ground. But that change was swiftly approaching. Even then -the _vox populi_ was filling the political heavens with a clamor not to -be denied by the ambitious. The sentiment of the people required only an -organizer to become formidable and finally omnipotent. - -Such an artisan of public opinion was soon to appear. Indeed, the master -political potter was even then about to start for America where the clay -for an Anti-Nationalist Party was almost kneaded for the moulder's -hands. Jefferson was preparing to leave France; and not many months -later the great politician landed on his native soil and among his -fellow citizens, who, however, welcomed him none too ardently.[99] - -No one knew just where Jefferson stood on the fundamental question of -the hour when, with his two daughters, he arrived in Virginia in 1789. -The brilliant Virginian had uttered both Nationalist and -Anti-Nationalist sentiments. "I am not of the party of the Federalists," -he protested, "but I am much farther from that of the Antifederalists." -Indeed, declared Jefferson, "If I could not go to heaven but with a -party, I would not go there at all."[100] - -His first opinions of the Constitution were, as we have seen, -unfavorable. But after he had learned that the new Government was to be -a fact, Jefferson wrote Washington: "I have seen with infinite pleasure -our new constitution accepted." Careful study had taught him, he said, -"that circumstances may arise, and probably will arise, wherein all the -resources of taxation will be necessary for the safety of the state." He -saw probability of war which "requires every resource of taxation & -credit." He thought that "the power of making war often prevents -it."[101] - -Thus Jefferson could be quoted on both sides and claimed by neither or -by both. But, because of his absence in France and of the reports he had -received from the then extreme Nationalist, Madison, he had not yet -apprehended the people's animosity to National rule. Upon his arrival in -Virginia, however, he discovered that "Antifederalism is not yet dead -in this country."[102] That much, indeed, was clear at first sight. The -Legislature of Virginia, which met three months after her Convention had -ratified the Constitution, was determined to undo that work, as Madison -had foreseen.[103] - -That body was militantly against the new Government as it stood. "The -conflict between the powers of the general and state governments was -coeval with those governments," declares Marshall. "The old line of -division was still as strongly marked as ever." The enemies of National -power thought that "liberty could be endangered only by encroachments -upon the states; and that it was the great duty of patriotism to -restrain the powers of the general government within the narrowest -possible limits." On the other hand, the Nationalists, says Marshall, -"sincerely believed that the real danger which threatened the republic -was to be looked for in the undue ascendency of the states."[104] - -[Illustration: _John Marshall From a painting by E. F. Petticolas_] - -Patrick Henry was supreme in the House of Delegates. Washington was -vastly concerned at the prospect. He feared that the enemies of -Nationalism would control the State Legislature and that it would -respond to New York's appeal for a new Federal Constitutional -Convention. He was "particularly alarmed" that the General Assembly -would elect Senators "entirely anti-Federal."[105] His apprehension was -justified. Hardly a week passed after the House convened until it passed -resolutions, drawn by Henry,[106] to answer Clinton's letter, to ask -Congress to call a new Federal Convention, and to coöperate with other -States in that business. - -In vain did the Nationalist members strive to soften this resolution. An -amendment which went so far as to request Congress to recommend to the -several States "the ratification of a bill of rights" and of the twenty -amendments proposed by the Virginia Convention, was defeated by a -majority of 46 out of a total vote of 124.[107] Swiftly and without -mercy the triumphant opposition struck its next blow. Washington had -urged Madison to stand for the Senate,[108] and the Nationalists exerted -themselves to elect him. Madison wrote cleverly in his own behalf.[109] -But he had no hope of success because it was "certain that a clear -majority of the assembly are enemies to the Gov^t."[110] Madison was -still the ultra-Nationalist, who, five years earlier, had wanted the -National Government to have an absolute veto on _every_ State law.[111] - -Henry delivered "a tremendous philippic" against Madison as soon as his -name was placed before the General Assembly.[112] Madison was badly -beaten, and Richard Henry Lee and William Grayson were chosen as the -first Senators from Virginia under the new National Government.[113] The -defeated champion of the Constitution attributed Henry's attack and his -own misfortune to his Nationalist principles: Henry's "enmity was -levelled ... ag^{st} the _whole system_; and the destruction of the -whole system, I take to be the secret wish of his heart."[114] - -In such fashion did Madison receive his first chastisement for his -Nationalist views and labors. He required no further discipline of a -kind so rough and humiliating; and he sought and secured election to the -National House of Representatives,[115] with opinions much subdued and -his whole being made pliant for the wizard who so soon was to invoke his -spell over that master mind. - -Though Marshall was not in the Virginia Legislature at that session, it -is certain that he worked with its members for Madison's election as -Senator. But even Marshall's persuasiveness was unavailing. "Nothing," -wrote Randolph to Madison, "is left undone which can tend to the -subversion of the new government."[116] - -Hard upon its defeat of Madison the Legislature adopted an ominous -address to Congress. "The sooner ... the [National] government is -possessed of the confidence of the people ... _the longer its -duration_"--such was the language and spirit of Virginia's message to -the lawmakers of the Nation, even before they had assembled.[117] The -desperate Nationalists sought to break the force of this blow. They -proposed a substitute which even suggested that the widely demanded new -Federal Convention should be called by Congress if that body thought -best. But all to no purpose. Their solemn[118] amendment was beaten by a -majority of 22 out of a total vote of 122.[119] - -Thus again was displayed that hostility to Nationalism which was to -focus upon the newborn National Government every burning ray of -discontent from the flames that sprang up all over the country during -the constructive but riotous years that followed. Were the people taxed -to pay obligations incurred in our War for Independence?--the National -Government was to blame. Was an excise laid on whiskey, "the common -drink of the nation"[120]--it was the National Government which thus -wrung tribute from the universal thirst. Were those who owed debts -compelled, at last, to pay them?--it was the National Government which -armed the creditor with power to recover his own. - -Why did we not aid French Republicans against the hordes of "despotism"? -Because the National Government, with its accursed Neutrality, would not -let us! And who but the National Government would dare make a treaty -with British Monarchy, sacrificing American rights? Speculation and -corruption, parade and ostentation,--everything that could, reasonably -or unreasonably, be complained of,--were, avowed the Anti-Nationalists, -the wretched but legitimate offspring of Nationalism. The remedy, of -course, was to weaken the power of the Nation and strengthen that of the -States. Such was the course pursued by the foes of Nationalism, that we -shall trace during the first three administrations of the Government of -the United States. - -Thus, the events that took place between 1790 and 1800, supplemented and -heated by the French Revolution, developed to their full stature those -antagonistic theories of which John Marshall and Thomas Jefferson were -to become the chief expounders. Those events also finished the -preparation of these two men for the commanding stations they were to -occupy. The radical politician and States' Rights leader on the one -hand, and the conservative politician and Nationalist jurist on the -other hand, were finally settled in their opinions during these -developing years, at the end of which one of them was to occupy the -highest executive office and the other the highest judicial office in -the Government. - -It was under such circumstances that the National Government, with -Washington at its head, began its uncertain career. If the Legislature -of Virginia had gone so far before the infant National establishment was -under way, how far might not succeeding Legislatures go? No one knew. -But it was plain to all that every act of the new Administration, even -with Washington at the helm, would be watched with keen and jealous -eyes; and that each Nationalist turn of the wheel would meet with prompt -and stern resistance in the General Assembly of the greatest of American -Commonwealths. Mutiny was already aboard. - -John Marshall, therefore, determined again to seek election to the House -of Delegates. - -Immediately upon the organization of the National Government, Washington -appointed Marshall to be United States Attorney for the District of -Virginia. The young lawyer's friends had suggested his name to the -President, intimating that he wished the place.[121] Marshall, high in -the esteem of every one, had been consulted as to appointments on the -National bench,[122] and Washington gladly named him for District -Attorney. But when notified of his appointment, Marshall declined the -honor. - -A seat in the Virginia Legislature, was, however, quite another matter. -Although his work as a legislator would interfere with his profession -much more than would his duties as United States Attorney, he could be -of practical service to the National Government in the General Assembly -of the State where, it was plain, the first battle for Nationalism must -be fought. - -The Virginia Nationalists, much alarmed, urged him to make the race. The -most popular man in Richmond, he was the only Nationalist who could be -elected by that constituency; and, if chosen, would be the ablest -supporter of the Administration in the Legislature. Although the people -of Henrico County were more strongly against a powerful National -Government than they had been when they sent Marshall to the -Constitutional Convention the previous year, they nevertheless elected -him; and in 1789 Marshall once more took his seat as a member of -Virginia's law-making and law-marring body. - -He was at once given his old place on the two principal standing -committees;[123] and on special committees to bring in various -bills,[124] among them one concerning descents, a difficult subject and -of particular concern to Virginians at that time.[125] As a member of -the Committee of Privileges and Elections, he passed on a hotly -contested election case.[126] He was made a member of the important -special committee to report upon the whole body of laws in force in -Virginia, and helped to draw the committee's report, which is -comprehensive and able.[127] The following year he was appointed a -member of the committee to revise the tangled laws of the -Commonwealth.[128] - -The irrepressible subject of paying taxes in something else than money -soon came up. Marshall voted against a proposition to pay the taxes in -hemp and tobacco, which was defeated by a majority of 37 out of a total -vote of 139; and he voted for the resolution "that the taxes of the -present year ought to be paid in specie only or in warrants equivalent -thereto," which carried.[129] He was added to the committee on a notable -divorce case.[130] - -Marshall was, of course, appointed on the special committee to bring in -a bill giving statehood to the District of Kentucky.[131] Thus he had to -do with the creation of the second State to be admitted after the -Constitution was adopted. A bill was passed authorizing a lottery to -raise money to establish an academy in Marshall's home county, -Fauquier.[132] He voted with the majority against the perennial Baptist -petition to democratize religion;[133] and for the bill to sell lands -for taxes.[134] - -Marshall was appointed on the committee to bring in bills for proceeding -against absent debtors;[135] on another to amend the penal code;[136] -and he was made chairman of the special committee to examine the James -River Company,[137] of which he was a stockholder. Such are examples of -his routine activities in the Legislature of 1789. - -The Legislature instructed the Virginia Senators in Congress "to use -their utmost endeavors to procure the admission of the citizens of the -United States to hear the debates of their House, whenever they are -sitting in their legislative capacity."[138] - -An address glowing with love, confidence, and veneration was sent to -Washington.[139] Then Jefferson came to Richmond; and the Legislature -appointed a committee to greet him with polite but coldly formal -congratulations.[140] No one then foresaw that a few short years would -turn the reverence and affection for Washington into disrespect and -hostility, and the indifference toward Jefferson into fiery enthusiasm. - -The first skirmish in the engagement between the friends and foes of a -stronger National Government soon came on. On November 30, 1789, the -House ratified the first twelve amendments to the Constitution,[141] -which the new Congress had submitted to the States; but three days later -it was proposed that the Legislature urge Congress to reconsider the -amendments recommended by Virginia which Congress had not adopted.[142] -An attempt to make this resolution stronger was defeated by the deciding -vote of the Speaker, Marshall voting against it.[143] - -The Anti-Nationalist State Senate refused to concur in the House's -ratification of the amendments proposed by Congress;[144] and Marshall -was one of the committee to hold a conference with the Senate committee -on the subject. - -After Congress had passed the laws necessary to set the National -Government in motion, Madison had reluctantly offered his summary of the -volume of amendments to the Constitution recommended by the States "in -order," as he said, "to quiet that anxiety which prevails in the public -mind."[145] The debate is illuminating. The amendments, as agreed to, -fell far short of the radical and extensive alterations which the States -had asked and were understood to be palliatives to popular -discontent.[146] - -Randolph in Richmond wrote that the amendments were "much approved by -the _strong_ federalists ... being considered as an anodyne to the -discontented. Some others ... expect to hear, ... that a real -amelioration of the Constitution was not so much intended, as a -soporific draught to the restless. I believe, indeed," declared -Randolph, "that nothing--nay, not even the abolishment of direct -taxation--would satisfy those who are most clamorous."[147] - -The amendments were used by many, who changed from advocates to -opponents of broad National powers, as a pretext for reversed views and -conduct; but such as were actually adopted were not a sufficient -justification for their action.[148] - -The great question, however, with which the First Congress had to deal, -was the vexed and vital problem of finance. It was the heart of the -whole constitutional movement.[149] Without a solution of it the -National Government was, at best, a doubtful experiment. The public debt -was a chaos of variegated obligations, including the foreign and -domestic debts contracted by the Confederation, the debts of the various -States, the heavy accumulation of interest on all.[150] Public and -private credit, which had risen when the Constitution finally became an -accomplished fact, was now declining with capital's frail timidity of -the uncertain. - -In his "First Report on the Public Credit," Hamilton showed the way out -of this maddening jungle. Pay the foreign debt, said Hamilton, assume as -a National obligation the debts of the States and fund them, together -with those of the Confederation. All had been contracted for a common -purpose in a common cause; all were "the price of liberty." Let the -owners of certificates, both State and Continental, be paid in full -with arrears of interest, without discrimination between original -holders and those who had purchased from them. And let this be done -by exchanging for the old certificates those of the new National -Government bearing interest and transferable. These latter then would -pass as specie;[151] the country would be supplied with a great volume -of sound money, so badly needed,[152] and the debt be in the process -of extinguishment.[153] - -Hamilton's entire financial system was assailed with fury both in -Congress and among the people. The funding plan, said its opponents, was -a stock-jobbing scheme, the bank a speculator's contrivance, the -National Assumption of State debts a dishonest trick. The whole was a -plot designed to array the moneyed interests in support of the National -Government.[154] Assumption of State debts was a device to increase the -National power and influence and to lessen still more the strength and -importance of the States.[155] The speculators, who had bought the -depreciated certificates of the needy, would be enriched from the -substance of the whole people. - -Without avail had Hamilton answered every objection in advance; the -careful explanations in Congress of his financial measures went for -naught; the materials for popular agitation against the National -Government were too precious to be neglected by its foes.[156] "The -first regular and systematic opposition to the principles on which the -affairs of the union were administered," writes Marshall, "originated in -the measures which were founded on it [the "First Report on the Public -Credit"]."[157] - -The Assumption of State debts was the strategic point of attack, -especially for the Virginia politicians; and upon Assumption, therefore, -they wisely concentrated their forces. Nor were they without plausible -ground of opposition; for Virginia, having given as much to the common -cause as any State and more than most of her sisters, and having -suffered greatly, had by the sale of her public lands paid off more of -her debt than had any of the rest of them. - -It seemed, therefore, unjust to Virginians to put their State on a -parity with those Commonwealths who had been less prompt. On the other -hand, the certificates of debt, State and Continental, had accumulated -in the North and East;[158] and these sections were determined that the -debt should be assumed by the Nation.[159] So the debate in Congress was -heated and prolonged, the decision doubtful. On various amendments, -sometimes one side and sometimes the other prevailed, often by a single -vote.[160] - -At the same time the question of the permanent location of the National -Capital arose.[161] On these two subjects Congress was deadlocked. Both -were disposed of finally by the famous deal between Jefferson and -Hamilton, by which the latter agreed to get enough votes to establish -the Capital on the Potomac and the former enough votes to pass the -Assumption Bill. - -Washington had made Jefferson his Secretary of State purely on merit. -For similar reasons of efficiency Hamilton had been appointed Secretary -of the Treasury, after Robert Morris, Washington's first choice, had -declined that office. - -At Jefferson's dinner table, the two Secretaries discussed the -predicament and made the bargain. Thereupon, Jefferson, with all the -zeal of his ardent temperament, threw himself into the contest to pass -Hamilton's financial measure; and not only secured the necessary votes -to make Assumption a law, but wrote letters broadcast in support of it. - -"Congress has been long embarrassed," he advised Monroe, "by two of the -most irritating questions that ever can be raised, ... the funding the -public debt and ... the fixing on a more central residence.... Unless -they can be reconciled by some plan of compromise, there will be no -funding bill agreed to, our credit ... will burst and vanish and the -states separate to take care every one of itself." Jefferson outlines -the bargain for fixing the Capital and assuming the debts, and -concludes: "If this plan of compromise does not take place, I fear one -infinitely worse."[162] To John Harvie he writes: "With respect to -Virginia the measure is ... divested of ... injustice."[163] - -Jefferson delivered three Southern votes to pass the bill for Assumption -of the State debts, and Hamilton got enough Northern votes to locate the -National Capital permanently where it now stands.[164] Thus this vital -part of Hamilton's comprehensive financial plan was squeezed through -Congress by only two votes.[165] But Virginia was not appeased and -remained the center of the opposition.[166] - -Business at once improved. "The sudden increase of monied capital," -writes Marshall, "invigorated commerce, and gave a new stimulus to -agriculture."[167] But the "immense wealth which individuals acquired" -by the instantaneous rise in the value of the certificates of debt -caused popular jealousy and discontent. The debt was looked upon, not as -the funding of obligations incurred in our War for Independence, but as -a scheme newly hatched to strengthen the National Government by "the -creation of a monied interest ... subservient to its will."[168] - -The Virginia Legislature, of which Marshall was now the foremost -Nationalist member, convened soon after Assumption had become a National -law. A smashing resolution, drawn by Henry,[169] was proposed, asserting -that Assumption "is repugnant to the constitution of the United States, -as it goes to the exercise of a power not expressly granted to the -general government."[170] Marshall was active among and, indeed, led -those who resisted to the uttermost the attack upon this thoroughly -National measure of the National Government. - -Knowing that they were outnumbered in the Legislature and that the -people were against Assumption, Marshall and his fellow Nationalists in -the House of Delegates employed the expedient of compromise. They -proposed to amend Henry's resolution by stating that Assumption would -place on Virginia a "heavy debt ... which never can be extinguished" so -long as the debt of any other State remained unpaid; that it was -"inconsistent with justice"; that it would "alienate the affections of -good citizens of this Commonwealth from the government of the United -States ... and finally tend to produce measures extremely unfavorable to -the interests of the Union."[171] - -Savage enough for any one, it would seem, was this amendment of the -Nationalists in the Virginia Legislature; but its fangs were not -sufficiently poisonous to suit the opposition. It lacked, particularly, -the supreme virtue of asserting the law's unconstitutionality. So the -Virginia Anti-Nationalists rejected it by a majority of 41 votes out of -a total of 135. - -Marshall and his determined band of Nationalists labored hard to -retrieve this crushing defeat. On Henry's original resolution, they -slightly increased their strength, but were again beaten by a majority -of 23 out of 127 voting.[172] - -Finally, the triumphant opposition reported a protest and remonstrance -to Congress. This brilliant Anti-Nationalist State paper--the Magna -Charta of States' Rights--sounded the first formal call to arms for the -doctrine that all powers not expressly given in the Constitution were -reserved to the States. It also impeached the Assumption Act as an -effort "to erect and concentrate and perpetuate a large monied interest -in opposition to the landed interests," which would prostrate -"agriculture at the feet of commerce" or result in a "change in the -present form of Federal Government, fatal to the existence of American -liberty."[173] - -But the unconstitutionality of Assumption was the main objection. The -memorial declared that "during the whole discussion of the federal -constitution by the convention of Virginia, your memorialists were -taught to believe 'that every power not expressly granted was -retained' ... and upon this positive condition" the Constitution had -been adopted. But where could anything be found in the Constitution -"authorizing Congress to express terms or to assume the debts of the -states?" Nowhere! Therefore, Congress had no such power. - -"As the guardians, then, of the rights and interests of their -constituents; as sentinels placed by them over the ministers of the -Federal Government, to shield it from their encroachments," the -Anti-Nationalists in the Virginia Legislature sounded the alarm.[174] It -was of this jealous temper of the States that Ames so accurately wrote a -year later: "The [National] government is too far off to gain the -affections of the people.... Instead of feeling as a Nation, a State is -our country. We look with indifference, often with hatred, fear, and -aversion, to the other states."[175] - -Marshall and his fellow Nationalists strove earnestly to extract from -the memorial as much venom as possible, but were able to get only three -or four lines left out;[176] and the report was adopted practically as -originally drafted.[177] Thus Marshall was in the first skirmish, after -the National Government had been established, of that constitutional -engagement in which, ultimately, Nationalism was to be challenged on the -field of battle. Sumter and Appomattox were just below the horizon. - -The remainder of Hamilton's financial plan was speedily placed upon the -statute books of the Republic, though not without determined resistance -which, more and more, took on a grim and ugly aspect both in Congress -and throughout the country. - -When Henry's resolution, on which the Virginia remonstrance was based, -reached Hamilton, he instantly saw its logical result. It was, he -thought, the major premise of the syllogism of National disintegration. -"This," exclaimed Hamilton, of the Virginia resolution, "is the first -symptom of a spirit which must either be killed or it will kill the -Constitution of the United States."[178] - -The Anti-Nationalist memorial of the Legislature of Virginia accurately -expressed the sentiment of the State. John Taylor of Caroline two years -later, in pamphlets of marked ability, attacked the Administration's -entire financial system and its management. While he exhaustively -analyzed its economic features, yet he traced all its supposed evils to -the Nationalist idea. The purpose and result of Hamilton's whole plan -and of the manner of its execution was, declared Taylor, to "Swallow -up ... the once sovereign ... states.... Hence all assumptions -and ... the enormous loans." Thus "the state governments will become -only speculative commonwealths to be read for amusement, like -Harrington's _Oceana_ or Moore's _Utopia_."[179] - -The fight apparently over, Marshall declined to become a candidate for -the Legislature in the following year. The Administration's financial -plan was now enacted into law and the vital part of the National -machinery thus set up and in motion. The country was responding with a -degree of prosperity hitherto unknown, and, for the time, all seemed -secure.[180] So Marshall did not again consent to serve in the House of -Delegates until 1795. But the years between these periods of his public -life brought forth events which were determinative of the Nation's -future. Upon the questions growing out of them, John Marshall was one of -the ever-decreasing Virginia minority which stanchly upheld the policies -of the National Government. - -Virginia's declaration of the unconstitutionality of the Assumption Act -had now thundered in Jefferson's ears. He himself was instrumental in -the enactment of this law and its unconstitutionality never occurred to -him[181] until Virginia spoke. But, faithful to the people's voice,[182] -Jefferson was already publicly opposing, through the timid but -resourceful Madison[183] and the fearless and aggressive[184] Giles, the -Nationalist statesmanship of Hamilton.[185] - -Thus it came about that when Washington asked his Cabinet's opinion upon -the bill to incorporate the Bank of the United States, Jefferson -promptly expressed with all his power the constitutional theory of the -Virginia Legislature. The opposition had reached the point when, if no -other objection could be found to any measure of the National -Government, its "unconstitutionality" was urged against it. "We hear, -incessantly, from the old foes of the Constitution 'this is -unconstitutional and that is,' and, indeed, what is not? I scarce know a -point which has not produced this cry, not excepting a motion for -adjourning."[186] Jefferson now proceeded "to produce this cry" against -the Bank Bill. - -Hamilton's plan, said Jefferson, violated the Constitution. "To take a -single step beyond the boundaries thus specially drawn around the powers -of Congress [the Twelfth Amendment][187] is to take possession of a -boundless field of power, no longer susceptible of any definition." Even -if the bank were "convenient" to carry out any power specifically -granted in the Constitution, yet it was not "_necessary_," argued -Jefferson; all powers expressly given could be exercised without the -bank. It was only indispensable powers that the Constitution permitted -to be implied from those definitely bestowed on Congress--"convenience -is not necessity."[188] - -Hamilton answered with his argument for the doctrine of implied -powers.[189] Banks, said he, are products of civilized life--all -enlightened commercial nations have them. He showed the benefits and -utility of banks; answered all the objections to these financial -agencies; and then examined the disputed constitutionality of the bill -for the incorporation of the Bank of the United States. - -All the powers of the National Government were not set down in words in -the Constitution and could not be. For instance, there are the -"resulting powers," as over conquered territory. Nobody could deny the -existence of such powers--yet they were not granted by the language of -the fundamental law. As to Jefferson's argument based on the word -"necessary," his contention meant, said Hamilton, that "no means are to -be considered _necessary_ without which the power would be -_nugatory_"--which was absurd. Jefferson's reasoning would require that -an implied power should be "_absolutely_ or _indispensably_ necessary." - -But this was not the ordinary meaning of the word and it was by this -usual and customary understanding of terms that the Constitution must be -interpreted. If Jefferson was right, Congress could act only in "a case -of extreme necessity." Such a construction of the Constitution would -prevent the National Government even from erecting lighthouses, piers, -and other conveniences of commerce which _could_ be carried on without -them. These illustrations revealed the paralysis of government concealed -in Jefferson's philosophy. - -The true test of implied powers, Hamilton showed, was the "natural -relation [of means] to the ... lawful ends of the government." -Collection of taxes, foreign and interstate trade, were, admittedly, -such ends. The National power to "_regulate_" these is "_sovereign_"; -and therefore "to employ all the means which will relate to their -regulation to the best and greatest advantage" is permissible. - -"This _general principle_ is _inherent_ in the very _definition_ of -government," declared he, "and _essential_ to every step of the progress -to be made by that of the United States, namely: That every power vested -in a government is in its nature _sovereign_ and included by _force_ of -the _term_, a right to employ all the _means_ requisite and fairly -applicable to the attainment of the _ends_ of such power, and which are -not precluded by restrictions and exceptions specified in the -Constitution or not immoral, or not contrary to the _essential_ ends of -political society.... - -"The powers of the Federal Government, as to _its objects_ are -sovereign"; the National Constitution, National laws, and treaties are -expressly declared to be "the supreme law of the land." And he added, -sarcastically: "The power which can create _the supreme law of the land_ -in _any case_ is doubtless _sovereign_ as to such case." But, said -Hamilton, "it is unquestionably incident to _sovereign power_ to erect -corporations, and consequently to _that_ of the United States, in -_relation_ to the _objects_ intrusted to the management of the -government." - -And, finally: "The powers contained in a constitution of government ... -ought to be construed liberally in advancement of the public good.... -The means by which natural exigencies are to be provided for, national -inconveniences obviated, national prosperity promoted are of such -infinite variety, extent, and complexity, that there must of necessity -be great latitude of discretion in the selection and application of -those means."[190] - -So were stated the opposing principles of liberal and narrow -interpretation of the Constitution, about which were gathering those -political parties that, says Marshall, "in their long and dubious -conflict ... have shaken the United States to their centre."[191] The -latter of these parties, under the name "Republican," was then being -shaped into a compact organization. Its strength was increasing. The -object of Republican attack was the National Government; that of -Republican praise and affection was the sovereignty of the States. - -"The hatred of the Jacobites towards the house of Hanover was never more -deadly than that ... borne by many of the partisans of State power -towards the government of the United States," testifies Ames.[192] In -the Republican view the basis of the two parties was faith as against -disbelief in the ability of the people to govern themselves; the former -favored the moneyed interests, the latter appealed to the masses.[193] -Such was the popular doctrine preached by the opponents of the National -Government; but all economic objections centered in a common assault on -Nationalism. - -Thus a clear dividing line was drawn separating the people into two -great political divisions; and political parties, in the present-day -sense of definite organizations upon fundamental and popularly -recognized principles, began to emerge. Henceforth the terms -"Federalist" and "Republican" mean opposing party groups, the one -standing for the National and the other for the provincial idea. The -various issues that arose were referred to the one or the other of these -hostile conceptions of government. - -In this rise of political parties the philosophy of the Constitution was -negatived; for our fundamental law, unlike those of other modern -democracies, was built on the non-party theory and did not contemplate -party government. Its architects did not foresee parties. Indeed, for -several years after the Constitution was adopted, the term "party" was -used as an expression of reproach. The correspondence of the period -teems with illustrations of this important fact. - -For a considerable time most of the leading men of the period looked -with dread upon the growing idea of political parties; and the favorite -rebuke to opponents was to accuse them of being a "party" or a -"faction," those designations being used interchangeably. The "Farewell -Address" is a solemn warning against political parties[194] almost as -much as against foreign alliances. - - -FOOTNOTES: - -[95] Marshall, ii, 150-51. "The agitation had been too great to be -suddenly calmed; and for the active opponents of the system -[Constitution] to become suddenly its friends, or even indifferent to -its fate, would have been a victory of reason over passion." (_Ib._; and -see Beard: _Econ. O. J. D._, 85, 101, 102-07.) - -[96] "The effort was made to fill the legislature with the declared -enemies of the government, and thus to commit it, in its infancy, to the -custody of its foes." (Marshall, ii, 151.) - -[97] Madison to Hamilton, June 27, 1788; Hamilton MSS., Lib. Cong. -Madison adds this cryptic sentence: "This hint may not be unworthy of -your attention." - -[98] Madison to Washington, June 27, 1788; _Writings_: Hunt, v, 234. -Madison here refers to the project of calling a new Federal Convention -for the purpose of amending the Constitution or making a new one. - -Randolph was still more apprehensive. "Something is surely meditated -against the new Constitution more animated, forcible, and violent than a -simple application for calling a Convention." (Randolph to Madison, Oct. -23, 1788; Conway, 118.) - -[99] When Jefferson left Virginia for France, his political fortunes -were broken. (Eckenrode: _R. V._, chap. viii; and Dodd, 63-64; and -Ambler, 35-36.) The mission to France at the close of the American -Revolution, while "an honor," was avoided rather than sought by those -who were keen for career. (Dodd, 36-39.) - -Seldom has any man achieved such a recovery as that of Jefferson in the -period now under review. Perhaps Talleyrand's rehabilitation most nearly -approaches Jefferson's achievement. From the depths of disfavor this -genius of party management climbed to the heights of popularity and -fame. - -[100] Jefferson to Hopkinson, March 13, 1789; _Works_: Ford, v, 456. - -[101] Jefferson to Washington, Paris, Dec. 4, 1788; _Works_: Ford, v, -437-38. Compare with Jefferson's statements when the fight was on -against ratifying the Constitution. (See vol. I, chap. VIII; also -Jefferson to Humphreys, Paris, March 18, 1789; _Works_: Ford, v, 470.) - -[102] Jefferson to Short, Dec. 14, 1789; _Works_: Ford, vi, 24. - -[103] The Legislature which met on the heels of the Virginia -Constitutional Convention hastened to adjourn in order that its members -might attend to their harvesting. (Monroe to Jefferson, July 12, 1788; -Monroe's _Writings_: Hamilton, i, 188.) But at its autumn session, it -made up for lost time in its practical display of antagonism to the -Nationalist movement. - -[104] Marshall, ii, 205-26. Throughout this chapter the terms -"Nationalist" and "Anti-Nationalist" are used instead of the customary -terms "Federalist" and "Anti-Federalist," the latter not clearly -expressing the fundamental difference between the contending political -forces at that particular time. - -[105] Carrington to Madison, Oct. 19, 1788; quoted in Henry, ii, 415. - -[106] _Ib._, 416-18. - -[107] Journal, H.D. (Oct. 30, 1788), 16-17; see Grigsby, ii, 319; also -see the vivid description of the debate under these resolutions in -Henry, ii, 418-23. - -[108] Carrington to Madison, Oct. 19, 1788; quoted in Henry, ii, 415. - -[109] Madison to Randolph, Oct. 17, 1788; to Pendleton, Oct. 20, 1788; -_Writings_: Hunt, v, 269-79. - -[110] Madison to Randolph, Nov. 2, 1788; _Writings_: Hunt, v, 296. - -[111] See vol. I of this work. - -[112] Henry, ii, 427; see also Scott, 172. - -[113] Journal, H.D. (Nov. 8, 1788), 32; see also Conway, 120; and Henry, -ii, 427-28. - -[114] Madison to Randolph, Nov. 2, 1788; _Writings_: Hunt, v, 295. - -[115] Monroe became a candidate against Madison and it was "thought that -he [would] ... carry his election." (Mason to John Mason, Dec. 18, 1788; -Rowland, ii, 304.) But so ardent were Madison's assurances of his -modified Nationalist views that he was elected. His majority, however, -was only three hundred. (Monroe to Jefferson, Feb. 15, 1789; Monroe's -_Writings_: Hamilton, i, 199.) - -[116] Randolph to Madison, Nov. 10, 1788; Conway, 121. - -[117] Journal, H.D. (Nov. 14, 1788), 42-44. Also see _Annals_, 1st -Cong., 1st Sess., 259. - -[118] The Nationalist substitute is pathetic in its apprehensive tone. -It closes with a prayer "that Almighty God in his goodness and wisdom -will direct your councils to such measures as will establish our lasting -peace and welfare and secure to our latest posterity the blessings of -freedom; and that he will always have you in his holy keeping." -(Journal, H.D. (Nov. 14, 1788), 43.) - -[119] _Ib._, 44. - -[120] Pennsylvania Resolutions: Gallatin's _Writings_: Adams, i, 3. This -was unjust to New England, where rum was "the common drink of the -nation" and played an interesting part in our tariff laws and New -England trade. - -[121] Washington to Marshall, Nov. 23, 1789; MS., Lib. Cong. - -[122] Randolph to Madison, July 19, 1789; Conway, 127. - -[123] Journal, H.D. (Oct. 20, 1789), 4. - -[124] _Ib._, 7-16. - -[125] _Ib._, 16. Marshall probably drew the bill that finally passed. He -carried it from the House to the Senate. (_Ib._, 136.) - -[126] _Ib._ (Oct. 28, 1790), 19-22. Whether or not a voter owned land -was weighed in delicate scales. Even "treating" was examined. - -[127] Journal, H.D. (Oct. 28, 1790), 24-29. - -[128] _Ib._, 1st Sess. (1790), 41; and 2d Sess. (Dec. 8), 121-22. For -extent of this revision see Conway, 130. - -[129] Journal, H.D. (1789), 57-58. - -[130] _Ib._, 78. See report of the committee in this interesting case. -(_Ib._, 103.) The bill was passed. (_Ib._, 141.) At that time divorces -in Virginia could be had only by an act of the Legislature. Contrast the -above case, where the divorce was granted for cruelty, abandonment, -waste of property, etc., with that of the Mattauer case (_ib._ (1793), -112, 126), where the divorce was refused for admitted infidelity on the -part of the wife who bore a child by the brother of her husband while -the latter was abroad. - -[131] _Ib._ (1789), 96. Kentucky was then a part of Virginia and -legislation by the latter State was necessary. It is more than probable -that Marshall drew this important statute, which passed. (_Ib._, 115, -131, 141.) - -[132] Journal, H.D. (1789), 112. At this period, lotteries were the -common and favorite methods of raising money for schools, and other -public institutions and enterprises. Even the maintenance of cemeteries -was provided for in this way. The Journals of the House of Delegates are -full of resolutions and Hening's Statutes contain many acts concerning -these enterprises. (See, for example, Journal, H.D. (1787), 16-20; -(1797), 39.) - -[133] An uncommonly able state paper was laid before the House of -Delegates at this session. It was an arraignment of the Virginia -Constitution of 1776, and mercilessly exposed, without the use of -direct terms, the dangerous political machine which that Constitution -made inevitable; it suggested "that as harmony with the Federal -Government ... is to be desired our own Constitution ought to be -compared with that of the United States and retrenched where it is -repugnant"; and it finally recommended that the people instruct their -representatives in the Legislature to take the steps for reform. The -author of this admirable petition is unknown. (Journal, H.D. (1789), -113.) - -From this previous vote for a new Constitution, it is probable that -Marshall warmly supported this resolution. But the friends of the old -and vicious system instantly proposed an amendment "that the foregoing -statement contains principles repugnant to Republican Government and -dangerous to the freedom of this country, and, therefore, ought not to -meet with the approbation of this House or be recommended to the -consideration of the people"; and so strong were they that the whole -subject was dropped by postponement, without further contest. (Journal, -H.D. (1789), 108-09.) - -[134] _Ib._ (Nov. 17, 1789), 20. - -[135] _Ib._ (Nov. 13, 1789), 12. - -[136] _Ib._ (Nov. 16, 1789), 14. - -[137] _Ib._ (Nov. 27, 1789), 49. The James River Company was formed in -1784. Washington was its first president. (Randolph to Washington, Aug. -8, 1784; Conway, 58.) Marshall's Account Book shows many payments on -stock in this company. - -[138] Journal, H.D. (1789), 117, 135. For many years after the -Constitution was adopted the United States Senate sat behind closed -doors. The Virginia Legislature continued to demand public debate in the -National Senate until that reform was accomplished. (See Journal, H.D. -(Oct. 25, 1791), 14; (Nov. 8, 1793), 57, etc.) - -In 1789 the Nationalists were much stronger in the Legislatures of the -other States than they had been in the preceding year. Only three States -had answered Virginia's belated letter proposing a new Federal -Convention to amend the Constitution. Disgusted and despondent, Henry -quitted his seat in the House of Delegates in the latter part of -November and went home in a sulk. (Henry, ii, 448-49; Conway, 131.) - -[139] Journal, H.D. (1789), 17, 19, 98. - -[140] _Ib._, 107-12. - -[141] _Ib._, 90-91. - -[142] Journal, H.D. (1789), 96. - -[143] _Ib._, 102. - -[144] _Ib._, 119. The objections were that the liberty of the press, -trial by jury, freedom of speech, the right of the people to assemble, -consult, and "to instruct their representatives," were not guaranteed; -and in general, that the amendments submitted "fall short of affording -security to personal rights." (Senate Journal, December 12, 1789; MS., -Va. St. Lib.) - -[145] _Annals_, 1st Cong., 1st Sess., 444; and see entire debate. The -amendments were offered as a measure of prudence to mollify the -disaffected. (Rives, iii, 38-39.) - -[146] The House agreed to seventeen amendments. But the Senate reduced -these to twelve, which were submitted to the States. The first of these -provided for an increase of the representation in the House; the second -provided that no law "varying" the salaries of Senators or -Representatives "shall take effect until an election of Representatives -shall have intervened." (_Annals_, 1st Cong., 1st Sess., Appendix to ii, -2033.) The States ratified only the last ten. (For good condensed -treatment of the subject see Hildreth, iv, 112-24.) Thus the Tenth -Amendment, as ratified, was the twelfth as submitted and is sometimes -referred to by the latter number in the documents and correspondence of -1790-91, as in Jefferson's "Opinion on the Constitutionality of the Bank -of the United States." (See _infra_.) New York, Virginia, Maryland, -South Carolina, North Carolina, and Rhode Island accepted the twelve -amendments as proposed. The other States rejected one or both of the -first two amendments. - -[147] Randolph to Madison, June 30, 1789; Conway, 126. - -[148] See Beard: _Econ. O. J. D._, 76. - -[149] _Ib._, 86. - -[150] _Ib._, 132-33. - -[151] Marshall, ii, 192. - -[152] Money was exceedingly scarce. Even Washington had to borrow to -travel to New York for his inauguration, and Patrick Henry could not -attend the Federal Constitutional Convention for want of cash. (Conway, -132.) - -[153] "First Report on the Public Credit"; _Works_: Lodge, ii, 227 _et -seq._ The above analysis, while not technically precise, is sufficiently -accurate to give a rough idea of Hamilton's plan. (See Marshall's -analysis; Marshall, ii, 178-80.) - -[154] This, indeed, was a portion of Hamilton's plan and he succeeded in -it as he did in other parts of his broad purpose to combine as much -strength as possible in support of the National Government. "The -northern states and the commercial and monied people are zealously -attached to ... the new government." (Wolcott to his father, Feb. 12, -1791; Gibbs, i, 62.) - -[155] This was emphatically true. From the National point of view it was -the best feature of Hamilton's plan. - -[156] In his old age, John Adams, Hamilton's most venomous and -unforgiving enemy, while unsparing in his personal abuse, paid high -tribute to the wisdom and necessity of Hamilton's financial -statesmanship. "I know not," writes Adams, "how Hamilton could have done -otherwise." (Adams to Rush, Aug. 23, 1805; _Old Family Letters_, 75.) -"The sudden rise of public securities, after the establishment of the -funding system was no misfortune to the Public but an advantage. The -necessity of that system arose from the inconsistency of the People in -contracting debts and then refusing to pay them." (Same to same, Jan. -25, 1806; _ib._, 93.) - -Fisher Ames thus states the different interests of the sections: "The -funding system, they [Southern members of Congress] say, is in favor of -the moneyed interest--oppressive to the land; that is, favorable to us -[Northern people], hard on them. They pay tribute, they say, and the -middle and eastern people ... receive it. And here is the burden of the -song, almost all the little [certificates of State or Continental debts] -that they had and which cost them twenty shillings, for supplies or -services, has been bought up, at a low rate, and now they pay more tax -towards the interest than they received for the paper. This _tribute_, -they say, is aggravating." (Ames to Minot, Nov. 30, 1791; _Works_: Ames, -i, 104.) - -[157] Marshall, ii, 181. The attack on Hamilton's financial plan and -especially on Assumption was the beginning of the definite organization -of the Republican Party. (Washington's _Diary_: Lossing, 166.) - -[158] Gore to King, July 25, 1790; King, i, 392; and see McMaster, ii, -22. - -[159] At one time, when it appeared that Assumption was defeated, -Sedgwick of Massachusetts intimated that his section might secede. -(_Annals_, 1st Cong., April 12, 1790, pp. 1577-78; and see Rives, iii, -90 _et seq._) - -[160] Marshall's statement of the debate is the best and fairest brief -account of this historic conflict. (See Marshall, ii, 181-90. See entire -debate in _Annals_, 1st Cong., i, ii, under caption "Public Debt.") - -[161] "This despicable grog-shop contest, whether the taverns of New -York or Philadelphia shall get the custom of Congress, keeps us in -discord and covers us all with disgrace." (Ames to Dwight, June 11, -1790; _Works_: Ames, i, 80.) - -[162] Jefferson to Monroe, June 20, 1790; _Works_: Ford, vi, 78-80; and -see _ib._, 76; to Gilmer, June 27, _ib._, 83; to Rutledge, July 4, -_ib._, 87-88; to Harvie, July 25, _ib._, 108. - -[163] _Ib._; and see also Jefferson to Eppes, July 25, _ib._, 106; to -Randolph, March 28, _ib._, 37; to same, April 18, _ib._, 47; to Lee, -April 26, _ib._, 53; to Mason, June 13, _ib._, 75; to Randolph, June 20, -_ib._, 76-77; to Monroe, June 20, _ib._, 79; to Dumas, June 23, _ib._, -82; to Rutledge, July 4, _ib._, 87-88; to Dumas, July 13, _ib._, 96. -Compare these letters with Jefferson's statement, February, 1793; _ib._, -vii, 224-26; and with the "Anas," _ib._, i, 171-78. Jefferson then -declared that "I was really a stranger to the whole subject." (_Ib._, -176.) - -[164] Jefferson's statement; _Works_: Ford, vii, 224-26, and i, 175-77. - -[165] Gibbs, i, 32; and see Marshall, ii, 190-91. - -[166] Henry, ii, 453. But Marshall says that more votes would have -changed had that been necessary to consummate the bargain. (See -Marshall, ii, footnote to 191.) - -[167] _Ib._, 192. - -[168] Marshall, ii, 191-92. - -[169] Henry, ii, 453-55. - -[170] Journal, H.D. (1790), 35. - -[171] Journal, H.D. (1790), 35. - -[172] _Ib._ - -[173] _Ib._, 80-81. - -[174] Journal, H.D. (1790), 80-81; and see _Am. St. Prs., Finance_, i, -90-91. The economic distinction is here clearly drawn. Jefferson, who -later made this a chief part of his attack, had not yet raised the -point. - -[175] Ames to Minot, Feb. 16, 1792; _Works_: Ames, i, 113. - -[176] This was the sentence which declared that Hamilton's reasoning -would result in "fictitious wealth through a paper medium," referring to -his plan for making the transferable certificates of the National debt -serve as currency. - -[177] Journal, H.D. (1790), 141. - -[178] Hamilton to Jay, Nov. 13, 1790; _Works_: Lodge, ix, 473-74. -Virginia was becoming very hostile to the new Government. First, there -was a report that Congress was about to emancipate the slaves. Then came -the news of the Assumption of the State debts, with the presence in -Virginia of speculators from other States buying up State securities; -and this added gall to the bitter cup which Virginians felt the National -Government was forcing them to drink. Finally the tidings that the -Senate had defeated the motion for public sessions inflamed the public -mind still more. (Stuart to Washington, June 2, 1790; _Writings_: Ford, -xi, footnote to 482.) - -Even close friends of Washington deeply deplored a "spirit so subversive -of the true principles of the constitution.... If Mr. Henry has -sufficient boldness to aim the blow at its [Constitution's] existence, -which he has threatened, I think he can never meet with a more favorable -opportunity if the assumption should take place." (_Ib._) - -Washington replied that Stuart's letter pained him. "The public mind in -Virginia ... seems to be more irritable, sour, and discontented than ... -it is in any other State in the Union except Massachusetts." (Washington -to Stuart, June 15, 1790; _ib._, 481-82.) - -Marshall's father most inaccurately reported to Washington that Kentucky -favored the measures of the Administration; and the President, thanking -him for the welcome news, asked the elder Marshall for "any information -of a public or private nature ... from your district." (Washington to -Thomas Marshall, Feb., 1791; Washington's Letter Book, MS., Lib. Cong.) -Kentucky was at that time in strong opposition and this continued to -grow. - -[179] Taylor's "An Enquiry, etc.," as quoted in Beard: _Econ. O. J. D._, -209. (_Ib._, chap. vii.) Taylor's pamphlet was revised by Pendleton and -then sent to Madison before publication. (Monroe to Madison, May 18, -1793; Monroe's _Writings_: Hamilton, i, 254.) Taylor wanted "banks ... -demolished" and bankers "excluded from public councils." (Beard: _Econ. -O. J. D._, 209.) - -[180] Marshall, ii, 192. - -[181] In Jefferson's letters, already cited, not the faintest suggestion -appears that he thought the law unconstitutional. Not until Patrick -Henry's resolution, and the address of the Virginia Legislature to -Congress based thereon, made the point that Assumption was in violation -of this instrument, because the power to pass such a law was not -expressly given in the Constitution, did Jefferson take his stand -against implied powers. - -[182] "Whether ... right or wrong, abstractedly, more attention should -be paid to the general opinion." (Jefferson to Mason, Feb. 4, 1791; -_Works_: Ford, vi, 186.) - -[183] Monroe had advised Madison of the hostility of Virginia to -Assumption and incidentally asked for an office for his own -brother-in-law. (Monroe to Madison, July 2, 1790; Monroe's _Writings_: -Hamilton, i, 208; and see Monroe to Jefferson, July 3, 1790; _ib._, -209.) - -[184] Anderson, 21. - -[185] Jefferson himself, a year after he helped pass the Assumption Act, -had in a Cabinet paper fiercely attacked Hamilton's plan; and the latter -answered in a formal statement to the President. These two documents are -the ablest summaries of the opposing sides of this great controversy. -(See Jefferson to President, May 23, 1792; _Works_: Ford, vi, 487-95; -and Hamilton to Washington, Aug. 18, 1792; _Works_: Lodge, ii, 426-72.) - -[186] Ames to Minot, March 8, 1792; _Works_: Ames, i, 114. - -[187] Tenth Amendment, as ratified. - -[188] "Opinion on the Constitutionality of a National Bank of the United -States"; _Works_: Ford, vi, 198; and see Madison's argument against the -constitutionality of the Bank Act in _Annals_, 1st Cong., Feb. 2, 1791, -pp. 1944-52; Feb. 8, 2008-12; also, _Writings_: Hunt, vi, 19-42. This -argument best shows Madison's sudden and radical change from an extreme -Nationalist to an advocate of the most restricted National powers. - -[189] Hamilton's "Opinion as to the Constitutionality of the Bank of the -United States"; _Works_: Lodge, iii, 445-93. Adams took the same view. -(See Adams to Rush, Dec. 27, 1810; _Old Family Letters_, 272.) - -[190] "Opinion as to the Constitutionality of the Bank of the United -States"; _Works_: Lodge, iii, 445-93. Washington was sorely perplexed by -the controversy and was on the point of vetoing the Bank Bill. (See -Rives, iii, 170-71.) - -[191] Marshall, ii, 206-07. - -[192] Ames to Dwight, Jan. 23, 1792; _Works_: Ames, i, 110-11. - -[193] "A Candid State of Parties"--_National Gazette_, Sept. 26, 1792. - -[194] "I was no party man myself and the first wish of my heart was, if -parties did exist, to reconcile them." (Washington to Jefferson, July 6, -1796; _Writings_: Ford, xiii, 230.) - - - - -CHAPTER III - -LEADING THE VIRGINIA FEDERALISTS - - I think nothing better could be done than to make him [Marshall] a - judge. (Jefferson to Madison, June 29, 1792.) - - To doubt the holiness of the French cause was the certain road to - odium and proscription. (Alexander Graydon.) - - The trouble and perplexities have worn away my mind. (Washington.) - - -In Richmond, Marshall was growing ever stronger in his belief in -Nationalism. Hamilton's immortal plea for a vital interpretation of the -fundamental law of the Nation and his demonstration of the -constitutionality of extensive implied powers was a clear, compact -statement of what Marshall himself had been thinking. The time was -coming when he would announce it in language still more lucid, -expressive of a reasoning even more convincing. Upon Hamilton's -constitutional doctrine John Marshall was to place the seal of -finality.[195] - -But Marshall did not delay until that great hour to declare his -Nationalist opinions. Not only did he fight for them in the House of -Delegates; but in his club at Farmicola's Tavern, on the street corners, -riding the circuit, he argued for the constitutionality and wisdom of -those measures of Washington's Administration which strengthened and -broadened the powers of the National Government.[196] - -Although he spoke his mind, in and out of season, for a cause -increasingly unpopular, Marshall, as yet, lost little favor with the -people. At a time when political controversy severed friendship and -interrupted social relations,[197] his personality still held sway over -his associates regardless of their political convictions. Even Mason, -the ultra-radical foe of broad National powers, wrote, at this heated -juncture, that Marshall "is an intimate friend of mine."[198] - -His winning frankness, easy manner, and warm-heartedness saved him from -that dislike which his bold views otherwise would have created. -"Independent principles, talents, and integrity are denounced [in -Virginia] as badges of aristocracy; but if you add to these good manners -and a decent appearance, his political death is decreed without the -benefit of a hearing," testifies Francis Corbin.[199] - -"Independent principles, talents, and integrity" Marshall possessed in -fullest measure, as all admitted; but his manners were far from those -which men like the modish Corbin called "good," and his appearance would -not have passed muster under the critical eye of that fastidious and -disgruntled young Federalist. We shall soon hear Jefferson denouncing -Marshall's deportment as the artifice of a cunning and hypocritical -craft. As yet, however, Jefferson saw in Marshall only an extremely -popular young man who was fast becoming the most effective supporter in -Virginia of the National Government. - -In the year of the Bank Act, Jefferson and Madison went on their -eventful "vacation," swinging up the Hudson and through New England. -During this journey Jefferson drew around Madison "the magic circle" -of his compelling charm and won entirely to the extreme Republican -cause[200] the invaluable aid of that superb intellect. In -agreement as to common warfare upon the Nationalist measures of the -Administration,[201] the two undoubtedly talked over the Virginia -Federalists.[202] - -Marshall's repeated successes at the polls with a constituency hostile -to the young lawyer's views particularly impressed them. Might not -Marshall become a candidate for Congress? If elected, here would be a -skillful, dauntless, and captivating supporter of all Nationalist -measures in the House of Representatives. What should be done to avert -this misfortune? - -Jefferson's dexterous intellect devised the idea of getting rid of -Marshall, politically, by depositing him on the innocuous heights of the -State bench. Better, far better, to make Marshall a Virginia judge than -to permit him to become a Virginia Representative in Congress. So, upon -his return, Jefferson wrote to Madison:-- - -"I learn that he [Hamilton] has expressed the strongest desire that -Marshall should come into Congress from Richmond, declaring that there -is no man in Virginia whom he wishes so much to see there; and I am told -that Marshall has expressed half a mind to come. Hence I conclude that -Hamilton has plyed him well with flattery & sollicitation and I think -nothing better could be done than to make him a judge."[203] - -Hamilton's "plying" Marshall with "flattery & solicitation" occurred -only in Jefferson's teeming, but abnormally suspicious, mind. Marshall -was in Virginia all this time, as his Account Book proves, while -Hamilton was in New York, and no letters seem to have passed between -them.[204] But Jefferson's information that his fellow Secretary wished -the Nationalist Richmond attorney in Congress was probably correct. -Accounts of Marshall's striking ability and of his fearless zeal in -support of the Administration's measures had undoubtedly reached -Hamilton, perhaps through Washington himself; and so sturdy and capable -a Federalist in Congress from Virginia would have been of great -strategic value. - -But Jefferson might have spared his pains to dispose of Marshall by -cloistering him on the State bench. Nothing could have induced the busy -lawyer to go to Congress at this period. It would have been fatal to his -law practice[205] which he had built up until it was the largest in -Richmond and upon the returns from which his increasing family depended -for support. Six years later, Washington himself labored with Marshall -for four days before he could persuade him to stand for the National -House, and Marshall then yielded to his adored leader only as a matter -of duty, at one of the Nation's most critical hours, when war was on the -horizon.[206] - -The break-up of Washington's Cabinet was now approaching. Jefferson was -keeping pace with the Anti-Nationalist sentiment of the masses--drilling -his followers into a sternly ordered political force. "The discipline of -the [Republican] party," wrote Ames, "is as severe as the -Prussian."[207] Jefferson and Madison had secured an organ in the -"National Gazette,"[208] edited by Freneau, whom Jefferson employed as -translator in the State Department. Through this paper Jefferson -attacked Hamilton without mercy. The spirited Secretary of the Treasury -keenly resented the opposition of his Cabinet associate which was at -once covert and open. - -In vain the President pathetically begged Jefferson for harmony and -peace.[209] Jefferson responded with a bitter attack on Hamilton. "I was -duped," said he, "by the Secretary of the Treasury and made a tool for -forwarding his schemes, not then sufficiently understood by me."[210] To -somewhat, but not much, better purpose did Washington ask Hamilton for -"mutual forbearances."[211] Hamilton replied with spirit, yet pledged -his honor that he would "not, directly or indirectly, say or do a thing -that shall endanger a feud."[212] - -The immense speculation, which had unavoidably grown out of the -Assumption and Funding Acts, inflamed popular resentment against the -whole financial statesmanship of the Federalists.[213] More material, -this, for the hands of the artificer who was fashioning the Republican -Party into a capacious vessel into which the people might pour all their -discontent, all their fears, all their woes and all their hopes. And -Jefferson, with practical skill, used for that purpose whatever material -he could find. - -Still more potter's earth was brought to Jefferson. The National Courts -were at work. Creditors were securing judgments for debts long due them. -In Virginia the debtors of British merchants, who for many years had -been rendered immune from payment, were brought to the bar of this -"alien" tribunal. Popular feeling ran high. A resolution was introduced -into the House of Delegates requesting the Virginia Senators and -Representatives in Congress to "adopt such measures as will tend, not -only to suspend all executions and the proceedings thereon, but prevent -any future judgments to be given by the Federal Courts in favor of -British creditors until" Great Britain surrendered the posts and runaway -negroes.[214] Thus was the practical overthrow of the National Judiciary -proposed.[215] - -Nor was this all. A State had been haled before a National Court.[216] -The Republicans saw in this the monster "consolidation." The Virginia -Legislature passed a resolution instructing her Senators and -Representatives to "unite their utmost and earliest exertions" to secure -a constitutional amendment preventing a State from being sued "in any -court of the United States."[217] The hostility to the National Bank -took the form of a resolution against a director or stockholder of the -Bank of the United States being a Senator or Representative in -Congress.[218] But apparently this trod upon the toes of too many -ambitious Virginians, for the word "stockholders" was stricken out.[219] - -The slander that the Treasury Department had misused the public funds -had been thoroughly answered;[220] but the Legislature of Virginia by a -majority of 111 out of a total vote of 124, applauded her Senators and -Representatives who had urged the inquiry.[221] Such was the developing -temper of Republicanism as revealed by the emotionless pages of the -public records; but these furnish scarcely a hint of the violence of -public opinion. - -Jefferson was now becoming tigerish in his assaults on the measures of -the Administration. Many members of Congress had been holders of -certificates which Assumption and Funding had made valuable. Most but -not all of them had voted for every feature of Hamilton's financial -plan.[222] Three or four were directors of the Bank, but no dishonesty -existed.[223] Heavy speculation went on in Philadelphia.[224] This, said -Republicans, was the fruit which Hamilton's Nationalist financial scheme -gathered from the people's industry to feed to "monocrats." - -"Here [Philadelphia]," wrote Jefferson, "_the unmonied farmer_ ... his -cattle & corps [_sic_] are no more thought of than if they did not feed -us. Script & stock are food & raiment here.... The credit & fate of the -nation seem to hang on the desperate throws & plunges of gambling -scoundrels."[225] But Jefferson comforted himself with the prophecy -that "this nefarious business" would finally "tumble its authors -headlong from their heights."[226] - -The National law taxing whiskey particularly aroused the wrath of the -multitude. Here it was at last!--a direct tax laid upon the universal -drink of the people, as the razor-edged Pennsylvania resolutions -declared.[227] Here it was, just as the patriotic foes of the abominable -National Constitution had predicted when fighting the ratification of -that "oppressive" instrument. Here was the exciseman at every man's -door, just as Henry and Mason and Grayson had foretold--and few were the -doors in the back counties of the States behind which the owner's -private still was not simmering.[228] And why was this tribute exacted? -To provide funds required by the corrupt Assumption and Funding laws, -asserted the agitators. - -Again it was the National Government that was to blame; in laying the -whiskey tax it had invaded the rights of the States, hotly declared the -Republicans. "All that powerful party," Marshall bears witness, "which -attached itself to the local [State] rather than to the general -[National] government ... considered ... a tax by Congress on any -domestic manufacture as the intrusion of a foreign power into their -particular concerns which excited serious apprehensions for state -importance and for liberty."[229] The tariff did not affect most people, -especially those in the back country, because they used few or no -imported articles; but the whiskey tax did reach them, directly and -personally.[230] - -Should such a despotic law be obeyed? Never! It was oppressive! It was -wicked! Above all, it was "unconstitutional"! But what to do! The -agencies of the detested and detestable National Government were at -work! To arms, then! That was the only thing left to outraged freemen -about to be ravaged of their liberty![231] Thus came the physical -defiance of the law in Pennsylvania; Washington's third -proclamation[232] demanding obedience to the National statutes after his -earnest pleas[233] to the disaffected to observe the laws; the march of -the troops accompanied by Hamilton[234] against the insurgents; the -forcible suppression of this first armed assault on the laws of the -United States in which men had been killed, houses burned, mails -pillaged--all in the name of the Constitution,[235] which the -Republicans now claimed as their peculiar property.[236] - -Foremost in the fight for the whiskey insurgents were the democratic -societies, which, as has been seen, were the offspring of the French -Jacobin Clubs. Washington finally became certain that these -organizations had inspired this uprising against National law and -authority. While the Whiskey Rebellion was economic in its origin, yet -it was sustained by the spirit which the French Revolution had kindled -in the popular heart. Indeed, when the troops sent to put down the -insurrection reached Harrisburg, they found the French flag flying over -the courthouse.[237] - -Marshall's old comrade in the Revolution, close personal friend, and -business partner,[238] Henry Lee, was now Governor of Virginia. He stood -militantly with Washington and it was due to Lee's efforts that the -Virginia militia responded to help suppress the Whiskey Rebellion. He -was made Commander-in-Chief of all the forces that actually took the -field.[239] To Lee, therefore, Washington wrote with unrestrained pen. - -"I consider," said the President, "this insurrection as the first -_formidable_ fruit of the Democratic Societies ... instituted by ... -_artful and designing_ members [of Congress] ... to sow the seeds of -jealousy and distrust among the people of the government.... I see, -under a display of popular and fascinating guises, the most diabolical -attempts to destroy ... the government."[240] He declared: "That they -have been the fomenters of the western disturbances admits of no -doubt."[241] - -Never was that emphatic man more decided than now; he was sure, he said, -that, unless lawlessness were overcome, republican government was at an -end, "and nothing but anarchy and confusion is to be expected -hereafter."[242] If "the daring and factious spirit" is not crushed, -"adieu to all government in this country, except mob and club -government."[243] - -Such were Washington's positive and settled opinions, and they were -adopted and maintained by Marshall, his faithful supporter. - -And not only by argument and speech did Marshall uphold the measures of -Washington's Administration. In 1793 he had been commissioned as -Brigadier-General of Militia, and when the President's requisition came -for Virginia troops to enforce the National revenue law against those -who were violently resisting the execution of it, he was placed in -command of one of the detachments to be raised for that purpose.[244] -Although it is not established that his brigade was ordered to -Pennsylvania, the probabilities are that it was and that Marshall, in -command of it, was on the scene of the first armed opposition to the -National Government. And it is certain that Marshall was busy and -effective in the work of raising and properly equipping the troops for -duty. He suggested practical plans for expediting the muster and for -economizing the expenditure of the public money, and his judgment was -highly valued.[245] - -All the ability, experience, and zeal at the disposal of the State were -necessary, for the whiskey tax was only less disliked in Virginia than -in Pennsylvania, and a portion of the Commonwealth was inclined to -assist rather than to suppress the insurrection.[246] Whether or not he -was one of the military force that, on the ground, overawed the whiskey -insurgents, it is positively established that Marshall was ready, in -person, to help put down with arms all forcible opposition to the -National laws and authority. - -Jefferson, now the recognized commander-in-chief of the new party, was, -however, heartily with the popular outbreak. He had approved -Washington's first proclamations against the whiskey producers;[247] -but, nevertheless, as the anger of the people grew, it found Jefferson -responsive. "The excise law is an infernal one," he cried; the rebellion -against it, nothing more than "riotous" at the worst.[248] - -And Jefferson wielded his verbal cat-o'-nine-tails on Washington's order -to put the rebellion down by armed forces.[249] It was all "for the -favorite purpose of strengthening government and increasing public -debt."[250] Washington thought the Whiskey Rebellion treasonable; and -Jefferson admitted that "there was ... a meeting to consult about a -separation" from the Union; but talking was not acting.[251] Thus the -very point was raised which Marshall enforced in the Burr trial twelve -years later, when Jefferson took exactly opposite grounds. But to take -the popular view now made for Republican solidarity and strength. -Criticism is ever more profitable politics than building. - -All this had different effects on different public men. The Republican -Party was ever growing stronger, and under Jefferson's skillful -guidance, was fast becoming a seasoned political army. The sentiment of -the multitude against the National Government continued to rise. But -instead of weakening John Marshall's Nationalist principles, this -turbulent opposition strengthened and hardened them. So did other and -larger events of that period which tumultuously crowded fast upon one -another's heels. As we have seen, the horrors of the Reign of Terror in -Paris did not chill the frenzied enthusiasm of the masses of Americans -for France. "By a strange kind of reasoning," wrote Oliver Wolcott to -his brother, "some suppose the liberties of America depend on the right -of cutting throats in France."[252] - -In the spring of 1793 France declared war against England. The popular -heart in America was hot for France, the popular voice loud against -England. The idea that the United States was an independent nation -standing aloof from foreign quarrels did not enter the minds of the -people. But it was Washington's one great conception. It was not to make -the American people the tool of any foreign government that he had drawn -his sword for their independence. It was to found a separate nation with -dignity and rights equal to those of any other nation; a nation friendly -to all, and allied with none[253]--this was the supreme purpose for -which he had fought, toiled, and suffered. And Washington believed that -only on this broad highway could the American people travel to ultimate -happiness and power.[254] He determined upon a policy of absolute -impartiality. - -On the same day that the Minister of the new French Republic landed on -American shores, Washington proclaimed Neutrality.[255] This action, -which to-day all admit to have been wise and far-seeing statesmanship, -then caused an outburst of popular resentment against Neutrality and the -Administration that had dared to take this impartial stand. For the -first time Washington was openly abused by Americans.[256] - -"A great majority of the American people deemed it criminal to remain -unconcerned spectators of a conflict between their ancient enemy [Great -Britain] and republican France," declares Marshall. The people, he -writes, thought Great Britain was waging war "with the sole purpose of -imposing a monarchical government on the French people. The few who did -not embrace these opinions, and they were certainly very few, were held -up as objects of public detestation; and were calumniated as the tools -of Britain and the satellites of despotism."[257] - -The National Government was ungrateful, cried the popular voice; it was -aiding the tyrants of Europe against a people struggling for freedom; it -was cowardly, infamous, base. "Could any friend of his kind be neutral?" -was the question on the popular tongue; of course not! unless, indeed, -the miscreant who dared to be exclusively American was a monarchist at -heart. "To doubt the holiness of their [the French] cause was the -certain road to odium and proscription," testifies an observer.[258] -The Republican press, following Paine's theory, attacked "all -governments, including that of the United States, as naturally hostile -to the liberty of the people," asserts Marshall.[259] Few were the -friends of Neutrality outside of the trading and shipping -interests.[260] - -Jefferson, although still in Washington's Cabinet, spoke of "the -pusillanimity of the proclamation"[261] and of "the sneaking neutrality" -it set up.[262] "In every effort made by the executive to maintain the -neutrality of the United States," writes Marshall, "that great party -[Republican] which denominated itself 'THE PEOPLE' could perceive only a -settled hostility to France and to liberty."[263] - -And, of course, Washington's proclamation of Neutrality was -"unconstitutional," shouted the Republican politicians. Hamilton quickly -answered. The power to deal with foreign affairs was, he said, lodged -somewhere in the National Government. Where, then? Plainly not in the -Legislative or Judicial branches, but in the Executive Department, which -is "the _organ_ of intercourse between the nation and foreign nations" -and "the _interpreter_ of ... treaties in those cases in which the -judiciary is not competent--that is between government and -government.... The _executive power_ of the United States is completely -lodged in the President," with only those exceptions made by the -Constitution, as that of declaring war. But if it is the right of -Congress to declare war, "it is the duty of the Executive to preserve -peace till the declaration is made."[264] - -Washington's refusal to take sides in the European war was still more -fuel for the Republican furnace. The bill to maintain Neutrality escaped -defeat in Congress by a dangerously narrow margin: on amendments and -motions in the Senate it was rescued time and again only by the deciding -vote of the Vice-President.[265] In the House, resolutions were -introduced which, in the perspective of history, were stupid. Public -speakers searched for expressions strong enough for the popular taste; -the newspapers blazed with denunciation. "The artillery of the press," -declares Marshall, "was played with unceasing fury on" the supporters of -Neutrality; "and the democratic societies brought their whole force into -operation. Language will scarcely afford terms of greater outrage, than -were employed against those who sought to stem the torrent of public -opinion and to moderate the rage of the moment."[266] - -At the most effective hour, politically, Jefferson resigned[267] from -the Cabinet, as he had declared, two years before, he intended to -do.[268] He had prepared well for popular leadership. His stinging -criticism of the Nationalist financial measures, his warm championship -of France, his bitter hostility to Great Britain, and most of all, his -advocacy of the popular view of the Constitution, secured him the favor -of the people. Had he remained Secretary of State, he would have found -himself in a hazardous political situation. But now, freed from -restraint, he could openly lead the Republican forces which so eagerly -awaited his formal command.[269] - -As in the struggle for the Constitution, so now Neutrality was saved by -the combined efforts of the mercantile and financial interests who -dreaded the effect of the war on business and credit;[270] and by the -disinterested support of those who wished the United States to become a -nation, distinct from, unconnected with, and unsubservient to any other -government. - -Among these latter was John Marshall, although he also held the view of -the commercial classes from which most of his best clients came; and his -personal loyalty to Washington strengthened his opinions. Hot as -Virginia was against the Administration, Marshall was equally hot in its -favor. Although he was the most prudent of men, and in Virginia silence -was the part of discretion for those who approved Washington's course, -Marshall would not be still. He made speeches in support of Washington's -stand, wrote pamphlets, and appealed in every possible way to the solid -reason and genuine Americanism of his neighbors. He had, of course, read -Hamilton's great defense of Neutrality; and he asserted that sound -National policy required Neutrality and that it was the duty of the -President to proclaim and enforce it. Over and over again, by tongue and -pen, he demonstrated the constitutional right of the Executive to -institute and maintain the Nation's attitude of aloofness from foreign -belligerents.[271] - -Marshall rallied the friends of the Administration, not only in -Richmond, but elsewhere in Virginia. "The [Administration] party in -Richmond was soon set in motion," Monroe reported to Jefferson; "from -what I have understood here [I] have reason to believe they mean to -produce the most extensive effect they are capable of. M^r. Marshall -has written G. Jones[272] on the subject and the first appearances -threatened the most furious attack on the French Minister [Genêt]."[273] - -At last Marshall's personal popularity could no longer save him from -open and public attack. The enraged Republicans assailed him in -pamphlets; he was criticized in the newspapers; his character was -impugned.[274] He was branded with what, in Virginia, was at that time -the ultimate reproach: Marshall, said the Republicans, was the friend -and follower of Alexander Hamilton, the monarchist, the financial -manipulator, the father of Assumption, the inventor of the rotten -Funding system, the designer of the stock-jobbing Bank of the United -States, and, worst of all, the champion of a powerful Nationalism and -the implacable foe of the sovereignty of the States. - -Spiritedly Marshall made reply. He was, indeed, a disciple of -Washington's great Secretary of the Treasury, he said, and proud of it; -and he gloried in his fealty to Washington, for which also he had been -blamed. In short, Marshall was aggressively for the Administration and -all its measures. These were right, he said, and wise and necessary. -Above all, since that was the chief ground of attack, all of them, from -Assumption to Neutrality, were plainly constitutional. At a public -meeting at Richmond, Marshall offered resolutions which he had drawn up -in support of the Administration's foreign policy, spoke in their favor, -and carried the meeting for them by a heavy majority.[275] - -Marshall's bold course cost him the proffer of an honor. Our strained -relations with the Spaniards required an alert, able, and cool-headed -representative to go to New Orleans. Jefferson[276] confided to Madison -the task of finding such a man in Virginia. "My imagination has hunted -thro' this whole state," Madison advised the Secretary of State in -reply, "without being able to find a single character fitted for the -mission to N. O. Young Marshall seems to possess some of the -qualifications, but there would be objections of several sorts to -him."[277] Three months later Madison revealed one of these "several -objections" to Marshall; but the principal one was his sturdy, fighting -Nationalism. This "objection" was so intense that anybody who was even a -close friend of Marshall was suspected and proscribed by the -Republicans. The Jacobin Clubs of Paris were scarcely more intolerant -than their disciples in America. - -So irritated, indeed, were the Republican leaders by Marshall's -political efforts in support of Neutrality and other policies of the -Administration, that they began to hint at improper motives. With his -brother, brother-in-law, and General Henry Lee (then Governor of -Virginia) Marshall had purchased the Fairfax estate.[278] This was -evidence, said the Republicans, that he was the tool of the wicked -financial interests. Madison hastened to inform Jefferson. - -"The circumstances which derogate from full confidence in W[ilson] -N[icholas]," cautioned Madison, "are ... his connection & intimacy with -Marshall, of whose _disinterestedness_ as well as understanding he has -the highest opinion. It is said that Marshall, who is at the head of the -great purchase from Fairfax, has lately obtained pecuniary aids from the -bank [of the United States] or people connected with it. I think it -certain that he must have felt, in the moment of purchase, an absolute -confidence in the monied interests which will explain him to everyone -that reflects in the active character he is assuming."[279] - -In such fashion do the exigencies of politics generate suspicion and -false witness. Marshall received no money from the Bank for the Fairfax -purchase and it tied him to "the monied interests" in no way except -through business sympathy. He relied for help on his brother's -father-in-law, Robert Morris, who expected to raise the funds for the -Fairfax purchase from loans negotiated in Europe on the security of -Morris's immense real-estate holdings in America.[280] But even the once -poised, charitable, and unsuspicious Madison had now acquired that state -of mind which beholds in any business transaction, no matter how -innocent, something furtive and sinister. His letter proves, however, -that the fearless Richmond lawyer was making himself effectively felt as -a practical power for Washington's Administration, to the serious -discomfort of the Republican chieftains. - -While Marshall was beloved by most of those who knew him and was -astonishingly popular with the masses, jealousy of his ability and -success had made remorseless enemies for him. It appears, indeed, that a -peculiarly malicious envy had pursued him almost from the time he had -gone to William and Mary College. His sister-in-law, with hot -resentment, emphasizes this feature of Marshall's career. -"Notwithstanding his amiable and correct conduct," writes Mrs. -Carrington, "there were those who would catch at the most trifling -circumstance to throw a shade over his fair fame." He had little -education, said his detractors; "his talents were greatly overrated"; -his habits were bad. "Tho' no man living ever had more ardent friends, -yet there does not exist one who had at one time more slanderous -enemies."[281] - -These now assailed Marshall with all their pent-up hatred. They stopped -at no charge, hesitated at no insinuation. For instance, his -conviviality was magnified into reports of excesses and the tale was -carried to the President. "It was cruelly insinuated to G[eorge] -W[ashington]," writes Marshall's sister-in-law, "by an after great -S[olo?]n that to Mr. M[arsha]lls fondness for play was added an -increasing fondness for liquor." Mrs. Carrington loyally defends -Marshall, testifying, from her personal knowledge, that "this S----n -knew better than most others how Mr. M----ll always played for amusement -and never, never for gain, and that he was, of all men, the most -temperate."[282] - -Considering the custom of the time[283] and the habits of the foremost -men of that period,[284] Marshall's sister-in-law is entirely accurate. -Certainly this political slander did not impress Washington, for his -confidence in Marshall grew steadily; and, as we shall presently see, he -continued to tender Marshall high honors and confide to him political -tasks requiring delicate judgment. - -Such petty falsehoods did not disturb Marshall's composure. But he -warmly resented the assault made upon him because of his friendship for -Hamilton; and his anger was hot against what he felt was the sheer -dishonesty of the attacks on the measures of the National Government. "I -wish very much to see you," writes Marshall to Archibald Stuart at this -time: "I want to observe [illegible] how much honest men you and I are -[illegible] half our acquaintance. Seriously there appears to me every -day to be more folly, envy, malice, and damn rascality in the world than -there was the day before and I do verily begin to think that plain -downright honesty and unintriguing integrity will be kicked out of -doors."[285] - -A picturesque incident gave to the Virginia opponents of Washington's -Administration more substantial cause to hate Marshall than his -pamphlets, speeches, and resolutions had afforded. At Smithfield, not -far from Norfolk, the ship Unicorn was fitting out as a French -privateer. The people of Isle of Wight County were almost unanimous in -their sympathy with the project, and only seven or eight men could be -procured to assist the United States Marshal in seizing and holding the -vessel.[286] Twenty-five soldiers and three officers were sent from -Norfolk in a revenue cutter;[287] but the Governor, considering this -force insufficient to outface resistance and take the ship, dispatched -Marshall, with a considerable body of militia, to Smithfield. - -Evidently the affair was believed to be serious; "the Particular -Orders ... to Brigadier General Marshall" placed under his command -forces of cavalry, infantry, and artillery from Richmond and another -body of troops from Petersburg. The Governor assures Marshall that "the -executive know that in your hands the dignity and rights of the -Commonwealth will ever be safe and they are also sure that prudence, -affection to our deluded fellow citizens, and marked obedience to law in -the means you will be compelled to adopt, will equally characterize -every step of your procedure." He is directed to "collect every -information respecting this daring violation of order," and particularly -"the conduct of the Lieutenant Colonel Commandant of Isle of Wight," who -had disregarded his instructions.[288] - -Clad in the uniform of a brigadier-general of the Virginia Militia,[289] -Marshall set out for Smithfield riding at the head of the cavalry, the -light infantry and artillery following by boat.[290] He found all -thought of resistance abandoned upon his arrival. A "peaceable search" -of Captain Sinclair's house revealed thirteen cannon with ball, -grape-shot, and powder. Three more pieces of ordnance were stationed on -the shore. Before General Marshall and his cavalry arrived, the United -States Marshal had been insulted, and threatened with violence. Men had -been heard loading muskets in Sinclair's house, and fifteen of these -weapons, fully charged, were discovered. The house so "completely -commanded the Deck of the" Unicorn "that ... one hundred men placed in -the vessel could not have protected her ten minutes from fifteen placed -in the house."[291] - -The State and Federal officers had previously been able to get little -aid of any kind, but "since the arrival of distant militia," reports -Marshall, "those of the County are as prompt as could be wished in -rendering any service required of them," and he suggests that the -commandant of the county, rather than the men, was responsible for the -failure to act earlier. He at once sent messengers to the infantry and -artillery detachment which had not yet arrived, with orders that they -return to Richmond and Petersburg.[292] - -Marshall "had ... frequent conversations with individuals of the Isle of -Wight" and found them much distressed at the necessity for calling -distant militia "to protect from violence the laws of our common -country.... The commanding officers [of the county] ... seem not to have -become sufficiently impressed with the importance of maintaining the -Sovereignty of the law" says Marshall, but with unwarranted optimism he -believes "that a more proper mode of thinking is beginning to -prevail."[293] - -Thus was the Smithfield defiance of Neutrality and the National laws -quelled by strong measures, taken before it had gathered dangerous -headway. "I am very much indebted to Brig.-Gen'l Marshall and Major -Taylor[294] for their exertions in the execution of my orders," writes -Governor Lee to the Secretary of War.[295] - -But the efforts of the National Government and the action of Governor -Lee in Virginia to enforce obedience to National laws and observance of -Neutrality, while they succeeded locally in their immediate purpose, did -not modify the public temper toward the Administration. Neutrality, in -particular, grew in disfavor among the people. When the congressional -elections of 1794 came on, all complaints against the National -Government were vivified by that burning question. As if, said the -Republicans, there could be such a status as neutrality between "right -and wrong," between "liberty" and "tyranny."[296] - -Thus, in the campaign, the Republicans made the French cause their own. -Everything that Washington's Administration had accomplished was wrong, -said the Republicans, but Neutrality was the work of the Evil One. The -same National power which had dared to issue this "edict" against -American support of French "liberty" had foisted on the people -Assumption, National Courts, and taxes on whiskey. This identical -Nationalist crew had, said the Republicans, by Funding and National -Banks, fostered, nay, created, stock-jobbing and speculation by which -the few "monocrats" were made rich, while the many remained poor. Thus -every Republican candidate for Congress became a knight of the flaming -sword, warring upon all evil, but especially and for the moment against -the dragon of Neutrality that the National Government had uncaged to -help the monarchs of Europe destroy free government in France.[297] -Chiefly on that question the Republicans won the National House of -Representatives. - -But if Neutrality lit the flames of public wrath, Washington's next act -in foreign affairs was powder and oil cast upon fires already fiercely -burning. Great Britain, by her war measures against France, did not -spare America. She seized hundreds of American vessels trading with her -enemy and even with neutrals; in order to starve France[298] she lifted -cargoes from American bottoms; to man her warships she forcibly took -sailors from American ships, "often leaving scarcely hands enough to -navigate the vessel into port";[299] she conducted herself as if she -were not only mistress of the seas, but their sole proprietor. And the -British depredations were committed in a manner harsh, brutal, and -insulting. - -Even Marshall was aroused and wrote to his friend Stuart: "We fear, not -without reason, a war. The man does not live who wishes for peace more -than I do; but the outrages committed upon us are beyond human bearing. -Farewell--pray Heaven we may weather the storm."[300] If the -self-contained and cautious Marshall felt a just resentment of British -outrage, we may, by that measure, accurately judge of the inflamed and -dangerous condition of the general sentiment. - -Thus it came about that the deeply rooted hatred of the people for their -former master[301] was heated to the point of reckless defiance. This -was the same Monarchy, they truly said, that still kept the military and -trading posts on American soil which, more than a decade before, it had, -by the Treaty of Peace, solemnly promised to surrender.[302] The -Government that was committing these savage outrages was the same -faithless Power, declared the general voice, that had pledged -compensation for the slaves its armies had carried away, but not one -shilling of which had been paid. - -If ever a country had good cause for war, Great Britain then furnished -it to America; and, had we been prepared, it is impossible to believe -that we should not have taken up arms to defend our ravaged interests -and vindicate our insulted honor. In Congress various methods of -justifiable retaliation were urged with intense earnestness, marred by -loud and extravagant declamation.[303] "The noise of debate was more -deafening than a mill.... We sleep upon our arms," wrote a member of the -National House.[304] But these bellicose measures were rejected because -any one of them would have meant immediate hostilities. - -For we were not prepared. War was the one thing America could not then -afford. Our Government was still tottering on the unstable legs of -infancy. Orderly society was only beginning and the spirit of unrest and -upheaval was strong and active. In case of war, wrote Ames, expressing -the conservative fears, "I dread anarchy more than great guns."[305] Our -resources had been bled white by the Revolution and the desolating years -that followed. We had no real army, no adequate arsenals,[306] no -efficient ships of war; and the French Republic, surrounded by hostile -bayonets and guns and battling for very existence, could not send us -armies, fleets, munitions, and money as the French Monarchy had done. - -Spain was on our south eager for more territory on the Mississippi, the -mouth of which she controlled; and ready to attack us in case we came -to blows with Great Britain. The latter Power was on our north, the -expelled Loyalists in Canada burning with that natural resentment[307] -which has never cooled; British soldiers held strategic posts within our -territory; hordes of Indians, controlled and their leaders paid by Great -Britain,[308] and hostile to the United States, were upon our borders -anxious to avenge themselves for the defeats we had inflicted on them -and their kinsmen in the savage wars incited by their British -employers.[309] Worst of all, British warships covered the oceans and -patrolled every mile of our shores just beyond American waters. Our -coast defenses, few, poor, and feeble in their best estate, had been -utterly neglected for more than ten years and every American port was at -the mercy of British guns.[310] - -Evidence was not wanting that Great Britain courted war.[311] She had -been cold and unresponsive to every approach for a better understanding -with us. She had not even sent a Minister to our Government until eight -years after the Treaty of Peace had been signed.[312] She not only held -our posts, but established a new one fifty miles south of Detroit; and -her entire conduct indicated, and Washington believed, that she meant to -draw a new boundary line which would give her exclusive possession of -the Great Lakes.[313] She had the monopoly of the fur trade[314] and -plainly meant to keep it. - -Lord Dorchester, supreme representative of the British Crown in Canada, -had made an ominous speech to the Indians predicting hostilities against -the United States within a year and declaring that a new boundary line -would then be drawn "by the warriors."[315] Rumors flew and gained -volume and color in their flight. Even the poised and steady Marshall -was disturbed. - -"We have some letters from Philadelphia that wear a very ugly aspect," -he writes Archibald Stuart. "It is said that Simcoe, the Governor of -Upper Canada, has entered the territory of the United States at the head -of about 500 men and has possessed himself of Presque Isle." But -Marshall cannot restrain his humor, notwithstanding the gravity of the -report: "As this is in Pennsylvania," he observes, "I hope the -democratic society of Philadelphia will at once demolish him and if they -should fail I still trust that some of our upper brothers [Virginia -Republicans] will at one stride place themselves by him and prostrate -his post. But seriously," continues Marshall, "if this be true we must -bid adieu to all hope of peace and prepare for serious war. My only hope -is that it is a mere speculating story."[316] - -Powerless to obtain our rights by force or to prevent their violation by -being prepared to assert them with arms, Washington had no recourse but -to diplomacy. At all hazards and at any cost, war must be avoided for -the time being. It was one of Great Britain's critical mistakes that she -consented to treat instead of forcing a conflict with us; for had she -taken the latter course it is not improbable that, at the end of the -war, the southern boundary of British dominion in America would have -been the Ohio River, and it is not impossible that New York and New -England would have fallen into her hands. At the very least, there can -be little doubt that the Great Lakes and the St. Lawrence would have -become exclusively British waters.[317] - -Amid a confusion of counsels, Washington determined to try for a treaty -of amity, commerce, and navigation with Great Britain, a decision, the -outcome of which was to bring Marshall even more conspicuously into -politics than he ever had been before. Indeed, the result of the -President's policy, and Marshall's activity in support of it, was to -become one of the important stepping-stones in the latter's career. - -Chief Justice Jay was selected for the infinitely delicate task of -negotiation. Even the news of such a plan was received with stinging -criticism. What! Kiss the hand that smote us! It was "a degrading insult -to the American people; a pusillanimous surrender of their honor; and an -insidious injury to France."[318] And our envoy to carry out this -shameful programme!--was it not that same Jay who once tried to barter -away the Mississippi?[319] - -It was bad enough to turn our backs on France; but to treat with the -British Government was infamous. So spoke the voice of the people. The -democratic societies were especially virulent; "Let us unite with France -and stand or fall together"[320] was their heroic sentiment. But -abhorrence of the mission did not blind the Republicans to the -advantages of political craft. While the negotiations were in progress -they said that, after all, everything would be gained that America -desired, knowing that they could say afterward, as they did and with -just cause, that everything had been lost.[321] - -At last Jay secured from Great Britain the famous treaty that bears his -name. It is perhaps the most humiliating compact into which America ever -entered. He was expected to secure the restriction of contraband--it was -enlarged; payment for the slaves--it was refused; recognition of the -principle that "free ships make free goods"--it was denied; equality -with France as to belligerent rights--it was not granted; opening of the -West Indian trade--it was conceded upon hard and unjust conditions; -payment for British spoliation of American commerce--it was promised at -some future time, but even then only on the award of a commission; -immediate surrender of the posts--their evacuation was agreed to, but -not until a year and a half after the treaty was signed. - -On the other hand, the British secured from us free navigation and -trading rights on the Mississippi--never contemplated; agreement that -the United States would pay all debts due from American citizens to -British creditors--a claim never admitted hitherto; prohibition of any -future sequestration of British debts; freedom of all American ports to -British vessels, with a pledge to lay no further restrictions on British -commerce--never before proposed; liberty of Indians and British subjects -to pass our frontiers, trade on our soil, retain lands occupied without -becoming American citizens, but privileged to become such at -pleasure--an odious provision, which, formerly, had never occurred to -anybody. - -Thus, by the Treaty of 1794, we yielded everything and gained little not -already ours. But we secured peace; we were saved from war. That -supreme end was worth the sacrifice and that, alone, justified it. It -more than demonstrated the wisdom of the Jay Treaty. - -While the Senate was considering the bitter terms which Great Britain, -with unsheathed sword, had forced upon us, Senator Stephen T. Mason of -Virginia, in violation of the Senate rules, gave a copy of the treaty to -the press.[322] Instantly the whole land shook with a tornado of -passionate protest.[323] From one end of the country to the other, -public meetings were held. Boston led off.[324] Washington was smothered -with violent petitions that poured in upon him from every quarter -praying, demanding, that he withhold his assent.[325] As in the struggle -for the Constitution and in the violent attacks on Neutrality, so now -the strongest advocates of the Jay Treaty were the commercial -interests. "The common opinion among men of business of all descriptions -is," declares Hamilton, "that a disagreement would greatly shock and -stagnate pecuniary plans and operations in general."[326] - -The printing presses belched pamphlets and lampoons, scurrilous, -inflammatory, even indecent. An example of these was a Boston screed. -This classic of vituperation, connecting the treaty with the financial -measures of Washington's Administration, represented the Federalist -leaders as servants of the Devil; Independence, after the death of his -first wife, Virtue, married a foul creature, Vice, and finally himself -expired in convulsions, leaving Speculation, Bribery, and Corruption as -the base offspring of his second marriage.[327] - -Everywhere Jay was burned in effigy. Hamilton was stoned in New York -when he tried to speak to the mob; and with the blood pouring down his -face went, with the few who were willing to listen to him, to the safety -of a hall.[328] Even Washington's granite resolution was shaken. Only -once in our history have the American people so scourged a great public -servant.[329] He was no statesman, raged the Republicans; everybody knew -that he had been a failure as a soldier, they said; and now, having -trampled on the Constitution and betrayed America, let him be impeached, -screamed the infuriated opposition.[330] Seldom has any measure of our -Government awakened such convulsions of popular feeling as did the Jay -Treaty, which, surrendering our righteous and immediate demands, yet -saved our future. Marshall, watching it all, prepared to defend the -popularly abhorred compact; and thus he was to become its leading -defender in the South. - -When, finally, Washington reluctantly approved its ratification by the -Senate,[331] many of his friends deserted him.[332] "The trouble and -perplexities ... have worn away my mind," wrote the abused and -distracted President.[333] Mercer County, Kentucky, denounced Senator -Humphrey Marshall for voting for ratification and demanded a -constitutional amendment empowering State Legislatures to recall -Senators at will.[334] The Legislature of Virginia actually passed a -resolution for an amendment of the National Constitution to make the -House of Representatives a part of the treaty-making power.[335] The -Lexington, Kentucky, resolutions branded the treaty as "shameful to the -American name."[336] It was reported that at a dinner in Virginia this -toast was drunk: "A speedy death to General Washington."[337] Orators -exhausted invective; poets wrote in the ink of gall.[338] - -Jefferson, in harmony, of course, with the public temper, was against -the treaty. "So general a burst of dissatisfaction," he declared, -"never before appeared against any transaction.... The whole body of the -people ... have taken a greater interest in this transaction than they -were ever known to do in any other."[339] The Republican chieftain -carefully observed the effect of the popular commotion on his own and -the opposite party. "It has in my opinion completely demolished the -monarchical party here[340] [Virginia]." Jefferson thought the treaty -itself so bad that it nearly turned him against all treaties. "I am not -satisfied," said he, "we should not be better without treaties with any -nation. But I am satisfied we should be better without such as -this."[341] - -The deadliest charge against the treaty was the now familiar one of -"unconstitutionality." Many urged that the President had no power to -begin negotiations without the assent of the Senate;[342] and all -opponents agreed that it flagrantly violated the Constitution in several -respects, especially in regulating trade, to do which was the exclusive -province of Congress.[343] Once more, avowed the Jeffersonians, it was -the National Government which had brought upon America this disgrace. -"Not one in a thousand would have resisted Great Britain ... in the -beginning of the Revolution" if the vile conduct of Washington had been -foreseen; and it was plain, at this late day, that "either the Federal -or State governments must fall"--so wrote Republican pamphleteers, so -spoke Republican orators.[344] - -Again Hamilton brought into action the artillery of his astounding -intellect. In a series of public letters under the signature of -"Camillus," he vindicated every feature of the treaty, evading nothing, -conceding nothing. These papers were his last great constructive work. -In numbers three, six, thirty-seven, and thirty-eight of "Camillus," he -expounded the Constitution on the treaty-making power; demonstrated the -exclusive right of the President to negotiate, and, with the Senate, to -conclude, treaties; and proved, not only that the House should not be -consulted, but that it is bound by the Constitution itself to pass all -laws necessary to carry treaties into effect.[345] - -Fearless, indeed, and void of political ambition were those who dared to -face the tempest. "The cry against the Treaty is like that against a -mad-dog," wrote Washington from Mount Vernon.[346] Particularly was this -true of Virginia, where it raged ungovernably.[347] A meeting of -Richmond citizens "have outdone all that has gone before them" in the -resolutions passed,[348] bitterly complained Washington. Virginians, -testified Jefferson, "were never more unanimous. 4. or 5. individuals of -Richmond, distinguished however, by their talents as by their devotion -to all the sacred acts of the government, & the town of Alexandria -constitute the whole support of that instrument [Jay Treaty] here."[349] -These four or five devoted ones, said Jefferson, were "Marshall, -Carrington, Harvey, Bushrod Washington, Doctor Stewart."[350] But, as we -are now to see, Marshall made up in boldness and ability what the -Virginia friends of the Administration lacked in numbers. - - -FOOTNOTES: - -[195] Compare Hamilton's "Opinion as to the Constitutionality of the -Bank of the United States" with Marshall's opinion in McCulloch vs. -Maryland, The student of Marshall cannot devote too much attention to -Hamilton's great state papers, from the "First Report on the Public -Credit" to "Camillus." It is interesting that Hamilton produced all -these within five years, notwithstanding the fact that this was the -busiest and most crowded period of his life. - -[196] Binney, in Dillon, iii, 301-02. - -[197] La Rochefoucauld, iii, 73. For a man even "to be passive ... is a -satisfactory proof that he is on the wrong side." (Monroe to Jefferson, -July 17, 1792; Monroe's _Writings_: Hamilton, i, 238.) - -[198] George Mason to John Mason, July 12, 1791; Rowland, ii, 338. - -[199] Corbin to Hamilton, March 17, 1793; as quoted in Beard: _Econ. O. -J. D._, 226. - -[200] "Patrick Henry once said 'that he could forgive anything else in -Mr. Jefferson, but his corrupting Mr. Madison.'" (Pickering to Marshall, -Dec. 26, 1828; Pickering MSS., Mass. Hist. Soc.) "His [Madison's] -placing himself under the pupilage of Mr. Jefferson and supporting his -public deceptions, are sufficient to put him out of my book." (Pickering -to Rose, March 22, 1808; _ib._) - -[201] Madison's course was irreconcilable with his earlier Nationalist -stand. (See Beard: _Econ. O. J. D._, 77; and see especially the -remarkable and highly important letter of Hamilton to Carrington, May -26, 1792; _Works_: Lodge, ix, 513-35, on Madison's change, Jefferson's -conduct, and the politics of the time.) Carrington was now the -brother-in-law of Marshall and his most intimate friend. Their houses in -Richmond almost adjoined. (See _infra_, chap. V.) - -[202] See brief but excellent account of this famous journey in Gay: -_Madison_ (American Statesmen Series), 184-85; and _contra_, Rives, iii, -191. - -[203] Jefferson to Madison, June 29, 1792; _Works_: Ford, vii, 129-30. - -[204] No letters have been discovered from Hamilton to Marshall or from -Marshall to Hamilton dated earlier than three years after Jefferson's -letter to Madison. - -[205] "The length of the last session has done me irreparable injury in -my profession, as it has made an impression on the general opinion that -two occupations are incompatible." (Monroe to Jefferson, June 17, 1792; -Monroe's _Writings_: Hamilton, i, 230.) - -[206] See _infra_, chap. X. - -[207] Ames to Dwight, Jan., 1793; _Works_: Ames, i, 126-27. - -[208] Rives, iii, 192-94; and see McMaster, ii, 52-53; also Hamilton to -Carrington, May 26, 1792; _Works_: Lodge, ix, 513-35. - -[209] Washington to Jefferson, Aug. 23, 1792; _Writings_: Ford, xii, -174-75. This letter is almost tearful in its pleading. - -[210] Jefferson to Washington, Sept. 9, 1792; _Works_: Ford, vii, 137 -_et seq._ The quotation in the text refers to Jefferson's part in the -deal fixing the site of the Capital and passing the Assumption Act. -Compare with Jefferson's letters written at the time. (_Supra_, 64.) It -is impossible that Jefferson was not fully advised; the whole country -was aroused over Assumption, Congress debated it for weeks, it was the -one subject of interest and conversation at the seat of government, and -Jefferson himself so testifies in his correspondence. - -[211] Washington to Hamilton, Aug. 26, 1792; _Writings_: Ford, xii, -177-78. - -[212] Hamilton to Washington, Sept, 9, 1792; _Works_: Lodge, vii, 306. - -[213] See Marshall, ii, 191-92. - -[214] Journal, H.D. (Nov. 28, 1793), 101. - -[215] _Ib._ The Legislature instructed Virginia's Senators and -Representatives to endeavor to secure measures to "suspend the operation -and completion" of the articles of the treaty of peace looking to the -payment of British debts until the posts and negroes should be given up. -(_Ib._, 124-25; also see Virginia Statutes at Large, New Series, i, -285.) Referring to this Ames wrote: "Thus, murder, at last, is out." -(Ames to Dwight, May 6, 1794; _Works_: Ames, i, 143-44.) - -[216] Chisholm _vs._ Georgia, 2 Dallas, 419. - -[217] Journal, H.D. (1793), 92-99; also see Virginia Statutes at Large, -New Series, i, 284. This was the origin of the Eleventh Amendment to the -Constitution. The Legislature "Resolved, That a State cannot, under the -Constitution of the United States, be made a defendant at the suit of -any individual or individuals, and that the decision of the Supreme -Federal Court, that a State may be placed in that situation, is -incompatible with, and dangerous to the sovereignty and independence of -the individual States, as the same tends to a general consolidation of -these confederated republics." Virginia Senators were "instructed" to -make "their utmost exertions" to secure an amendment to the Constitution -regarding suits against States. The Governor was directed to send the -Virginia resolution to all the other States. (Journal, H.D. (1793), 99.) - -[218] _Ib._, 125. - -[219] _Ib._; also Statutes at Large, _supra_, 284. - -[220] See _Annals_, 2d Cong., 900-63. - -[221] Journal, H.D. (1793), 56-57. Of Giles's methods in this attack on -Hamilton the elder Wolcott wrote that it was "such a piece of baseness -as would have disgraced the council of Pandemonium." (Wolcott to his -son, March 25, 1793; Gibbs, i, 91.) - -[222] Beard: _Econ. O. J. D._, chap. vi. - -[223] Professor Beard, after a careful treatment of this subject, -concludes that "The charge of mere corruption must fall to the ground." -(_Ib._, 195.) - -[224] "To the northward of Baltimore everybody ... speculates, trades, -and jobs in the stocks. The judge, the advocate, the physician and the -minister of divine worship, are all, or almost all, more or less -interested in the sale of land, in the purchase of goods, in that of -bills of exchange, and in lending money at two or three per cent." (La -Rochefoucauld, iv, 474.) The French traveler was also impressed with the -display of riches in the Capital. "The profusion of luxury of -Philadelphia, on great days, at the tables of the wealthy, in their -equipages and the dresses of their wives and daughters, are ... extreme. -I have seen balls on the President's birthday where the splendor of the -rooms, and the variety and richness of the dresses did not suffer, in -comparison with Europe." The extravagance extended to working-men who, -on Sundays, spent money with amazing lavishness. Even negro servants had -balls; and negresses with wages of one dollar per week wore dresses -costing sixty dollars. (_Ib._, 107-09.) - -[225] Jefferson to T. M. Randolph, March 16, 1792; _Works_: Ford, vi, -408. - -[226] Jefferson to Short, May 18, 1792; _Works_: Ford, vi, 413; and see -"A Citizen" in the _National Gazette_, May 3, 1792, for a typical -Republican indictment of Funding and Assumption. - -[227] Gallatin's _Writings_: Adams, i, 3. - -[228] Pennsylvania alone had five thousand distilleries. (Beard: _Econ. -O. J. D._, 250.) Whiskey was used as a circulating medium. (McMaster, -ii, 29.) Every contemporary traveler tells of the numerous private -stills in Pennsylvania and the South. Practically all farmers, -especially in the back country, had their own apparatus for making -whiskey or brandy. (See chap. VII, vol. I, of this work.) - -Nor was this industry confined to the lowly and the frontiersmen. -Washington had a large distillery. (Washington to William Augustine -Washington, Feb. 27, 1798; _Writings_: Ford, xiii, 444.) - -New England's rum, on the other hand, was supplied by big distilleries; -and these could include the tax in the price charged the consumer. Thus -the people of Pennsylvania and the South felt the tax personally, while -New Englanders were unconscious of it. Otherwise there doubtless would -have been a New England "rum rebellion," as Shays's uprising and as New -England's implied threat in the Assumption fight would seem to prove. -(See Beard: _Econ. O. J. D._, 250-51.) - -[229] Marshall, ii, 200. - -[230] _Ib._, 238. - -[231] Graydon, 372. - -[232] Sept. 25, 1794; _Writings_: Ford, xii, 467. - -[233] Sept. 15, 1792; Richardson, i, 124; Aug. 7, 1794; _Writings_: -Ford, xii, 445. - -[234] Hamilton remained with the troops until the insurrection was -suppressed and order fully established. (See Hamilton's letters to -Washington, written from various points, during the expedition, from -Oct. 25 to Nov. 19, 1794; _Works_: Lodge, vi, 451-60.) - -[235] Marshall, ii, 200, 235-38, 340-48; Gibbs, i, 144-55; and see -Hamilton's Report to the President, Aug. 5, 1794; _Works_: Lodge, vi, -358-88. But see Gallatin's _Writings_: Adams, i, 2-12; Beard: _Econ. O. -J. D._, 250-60. For extended account of the Whiskey Rebellion from the -point of view of the insurgents, see Findley: _History of the -Insurrection_, etc., and Breckenridge: _History of the Western -Insurrection_. - -[236] The claim now made by the Republicans that they were the only -friends of the Constitution was a clever political turn. Also it is an -amusing incident of our history. The Federalists were the creators of -the Constitution; while the Republicans, generally speaking and with -exceptions, had been ardent foes of its adoption. (See Beard: _Econ. O. -J. D._) - -[237] Graydon, 374. Jefferson's party was called Republican because of -its championship of the French Republic. (Ambler, 63.) - -[238] In the Fairfax purchase. (See _infra_, chap. V.) - -[239] See Hamilton's orders to General Lee; _Works_: Lodge, vi, 445-51; -and see Washington to Lee, Oct. 20, 1794; _Writings_: Ford, xii, 478-80. - -[240] Washington to Lee, Aug. 26, 1794; _Writings_: Ford, xii, 454-56. - -[241] Washington to Jay, Nov. 1, 1794; _ib._, 486. - -[242] Washington to Thruston, Aug. 10, 1794; _ib._, 452. - -[243] Washington to Morgan, Oct. 8, 1794; _ib._, 470. The Virginia -militia were under the Command of Major-General Daniel Morgan. - -[244] General Order, June 30, 1794; _Cal. Va. St. Prs._, vii, 202. - -[245] Carrington to Lieutenant-Governor Wood, Sept. 1, 1794; _ib._, 287. - -[246] Major-General Daniel Morgan to the Governor of Virginia, Sept. 7, -1794; _ib._, 297. - -[247] Jefferson to Washington, Sept. 18, 1792; _Works_: Ford, vii, 153. - -[248] Jefferson to Madison, Dec. 28, 1794; _ib._, viii, 157. - -[249] _Ib._ - -[250] Jefferson to Monroe, May 26, 1795; _ib._, 177. - -[251] Jefferson to Madison, Dec. 28, 1794; _ib._, 157. - -[252] Wolcott to Wolcott, Dec. 15, 1792; Gibbs, i, 85. - -[253] Marshall, ii, 256; see Washington's "Farewell Address." - -[254] John Adams claimed this as his particular idea. "Washington -learned it from me ... and practiced upon it." (Adams to Rush, July 7, -1805; _Old Family Letters_, 71.) - -"I trust that we shall have too just a sense of our own interest to -originate any cause, that may involve us in it [the European war]." -(Washington to Humphreys, March 23, 1793; _Writings_: Ford, xii, 276.) - -[255] Marshall, ii, 259; and see Rules of Neutrality, _ib._, note 13, p. -15. Washington's proclamation was drawn by Attorney-General Randolph. -(Conway, 202.) - -[256] Marshall, ii, 259-60. "The publications in Freneau's and Bache's -papers are outrages on common decency." (Washington to Lee, July 21, -1793; _Writings_: Ford, xii, 310.) - -[257] Marshall, ii, 256. - -[258] Graydon, 382. - -[259] Marshall, ii, 260. "A Freeman" in the _General Advertiser_ of -Philadelphia stated the most moderate opinion of those who opposed -Neutrality. "France," said he, "is not only warring against the -despotism of monarchy but the despotism of aristocracy and it would -appear rather uncommon to see men [Washington and those who agreed with -him] welcoming the Ambassador of republicanism who are warring [against] -their darling aristocracy. But ... shall the officers of our government -prescribe rules of conduct to freemen? Fellow citizens, view this -conduct [Neutrality] well and you will discover principles lurking at -bottom at variance with your liberty. Who is the superior of the people? -Are we already so degenerate as to acknowledge a superior in the United -States?" (_General Advertiser_, April 25, 1793.) - -[260] "Our commercial and maritime people feel themselves deeply -interested to prevent every act that may put our peace at hazard." -(Cabot to King, Aug. 2, 1793; Lodge: _Cabot_, 74.) - -The merchants and traders of Baltimore, "as participants in the general -prosperity resulting from peace, and the excellent laws and constitution -of the United States ... beg leave to express the high sense they -entertain of the provident wisdom and watchfulness over the concerns and -peace of a happy people which you have displayed in your late -proclamation declaring neutrality ... well convinced that the true -interests of America consist in a conduct, impartial, friendly, and -unoffending to all the belligerent powers." (Address of the Merchants -and Traders of Baltimore to George Washington, President of the United -States; _General Advertiser_, Philadelphia, June 5, 1793.) - -[261] Jefferson to Madison, May 19, 1793; _Works_: Ford, vii, 336. - -[262] Jefferson to Monroe, May 5, 1793; _ib._, 309. - -[263] Marshall, ii, 273. - -[264] Pacificus No. 1; _Works_: Lodge, iv, 432-44. - -[265] Marshall, ii, 327. - -[266] Marshall, ii, 322. - -[267] Jefferson to Washington, Dec. 31, 1793; _Works_: Ford, viii, 136. - -[268] Jefferson to Short, Jan. 28, 1792; _ib._, vi, 382. - -[269] Marshall, ii, 233. - -[270] Generally speaking, the same classes that secured the Constitution -supported all the measures of Washington's Administration. (See Beard: -_Econ. O. J. D._, 122-24.) - -While the Republicans charged that Washington's Neutrality was inspired -by favoritism to Great Britain, as it was certainly championed by -trading and moneyed interests which dealt chiefly with British houses, -the Federalists made the counter-charge, with equal accuracy, that the -opponents of Neutrality were French partisans and encouraged by those -financially interested. - -The younger Adams, who was in Europe during most of this period and who -carefully informed himself, writing from The Hague, declared that many -Americans, some of them very important men, were "debtors to British -merchants, creditors to the French government, and speculators in the -French revolutionary funds, all to an immense amount," and that other -Americans were heavily indebted in England. All these interests were -against Neutrality and in favor of war with Great Britain--those owing -British debts, because "war ... would serve as a sponge for their -debts," or at least postpone payment, and the creditors of the French -securities, because French success would insure payment. (J. Q. Adams to -his father, June 24, 1796; _Writings, J. Q. A._: Ford, i, 506.) - -[271] Story, in Dillon, iii, 350. - -[272] Gabriel Jones, the ablest lawyer in the Valley, and, of course, a -stanch Federalist. - -[273] Monroe to Jefferson, Sept. 3, 1793; Monroe's _Writings_: Hamilton, -i, 274-75. Considering the intimate personal friendship existing between -Monroe and Marshall, the significance and importance of this letter -cannot be overestimated. - -[274] It was at this point, undoubtedly, that the slander concerning -Marshall's habits was started. (See _infra_, 101-03.) - -[275] The above paragraphs are based on Justice Story's account of -Marshall's activities at this period, supplemented by Madison and -Monroe's letters; by the well-known political history of that time; and -by the untrustworthy but not negligible testimony of tradition. While -difficult to reconstruct a situation from such fragments, the account -given in the text is believed to be substantially accurate. - -[276] See _Works_: Ford, xii, footnote to 451. - -[277] Madison to Jefferson, June 17, 1793; _Writings_: Hunt, vi, 134. - -[278] See _infra_, chap. V. - -[279] Madison to Jefferson, Sept. 2, 1793; _Writings_: Hunt, vi, 196. - -[280] See _infra_, chap. V. Robert Morris secured in this way all the -money he was able to give his son-in-law for the Fairfax purchase. - -[281] Mrs. Carrington to her sister Nancy; undated; MS. - -[282] _Ib._ - -[283] See _supra_, vol. I, chap. VII. - -[284] See, for instance, Jefferson to Short (Sept 6, 1790; _Works_: -Ford, vi, 146), describing a single order of wine for Washington and one -for himself; and see Chastellux's account of an evening with Jefferson: -"We were conversing one evening over a bowl of punch after Mrs. -Jefferson had retired. Our conversation turned on the poems of -Ossian.... The book was sent for and placed near the bowl, where by -their mutual aid the night far advanced imperceptibly upon us." -(Chastellux, 229.) - -Marshall's Account Book does not show any purchases of wine at all -comparable with those of other contemporaries. In March, 1791, Marshall -enters, "wine £60"; August, ditto, "£14-5-8"; September, 1792, "Wine -£70"; in July, 1793, "Whisky 6.3.9" (pounds, shillings, and pence); in -May, 1794, "Rum and brandy 6-4"; August, 1794, ditto, five shillings, -sixpence; May, 1795, "Whisky £6.16"; Sept., "wine £3"; Oct., ditto, -"£17.6." - -[285] Marshall to Stuart, March 27, 1794; MS., Va. Hist. Soc. - -[286] Major George Keith Taylor to Brigadier-General Mathews, July 19, -1794; _Cal. Va. St. Prs._, vii, 223. - -[287] Mathews to Taylor, July 20, 1794; _ib._, 224. - -[288] Governor Henry Lee "Commander-in-chief," to Marshall, July 21, -1794; MS., "War 10," Archives, Va. St. Lib. - -[289] "Dark blue coat, skirts lined with buff, capes, lapels and cuffs -buff, buttons yellow. Epaulets gold one on each shoulder, black cocked -hat, with black cockade, black stock, boots and side arms." (Division -Orders, July 4, 1794; _Cal. Va. St. Prs._, vii, 204. But see Schoepf -(ii, 43), where a uniform worn by one brigadier-general of Virginia -Militia is described as consisting of "a large white hat, a blue coat, a -brown waistcoat, and green breeches.") - -[290] Particular Orders, _supra_. - -[291] Marshall to Governor of Virginia, July 23, 1794; _Cal. Va. St. -Prs._, vii, 228; and same to same, July 28, 1794; _ib._, 234. - -[292] _Ib._ - -[293] Marshall to Governor of Virginia, July 28, 1794; _Cal. Va. St. -Prs._, vii, 235. - -[294] George Keith Taylor; see _infra_, chaps. X and XII. - -[295] Lee to the Secretary of War, July 28, 1794; _Cal. Va. St. Prs._, -vii, 234. - -[296] See, for instance, Thompson's speech, _infra_, chap. VI. - -[297] Marshall, ii, 293. - -[298] _Ib._, 285. - -[299] _Ib._, 285. - -[300] Marshall to Stuart, March 27, 1794; MS., Va. Hist. Soc. - -[301] "The idea that Great Britain was the natural enemy of America had -become habitual" long before this time. (Marshall, ii, 154.) - -[302] One reason for Great Britain's unlawful retention of these posts -was her purpose to maintain her monopoly of the fur trade. (_Ib._, 194. -And see Beard: _Econ. O. J. D._, 279.) - -[303] Marshall, ii, 320-21; and see _Annals_, 3d Cong., 1st Sess., 1793, -274-90; also Anderson, 29; and see prior war-inviting resolves and -speeches in _Annals_, 3d Cong., _supra_, 21, 30, 544 _et seq._; also -Marshall, ii, 324 _et seq._ - -[304] Ames to Dwight, Dec. 12, 1794; _Works_: Ames, i, 154. - -[305] Ames to Gore, March 26, 1794; _Works_: Ames, i, 140. And see -Marshall, ii, 324 _et seq._ - -[306] See Washington to Ball, Aug. 10, 1794; _Writings_: Ford, xii, 449. - -[307] See Van Tyne, chap. xi. - -[308] Marshall, ii, 286, 287. - -[309] _Ib._ - -[310] John Quincy Adams, who was in London and who was intensely -irritated by British conduct, concluded that: "A war at present with -Great Britain must be total destruction to the commerce of our country; -for there is no maritime power on earth that can contend with the -existing naval British force." (J. Q. Adams to Sargent, The Hague, Oct. -12, 1795; _Writings, J. Q. A._: Ford, i, 419.) - -[311] "I believe the intention is to draw the United States into it -[war] merely to make tools of them.... The conduct of the British -government is so well adapted to increasing our danger of war, that I -cannot but suppose they are secretly inclined to produce it." (J. Q. -Adams to his father, The Hague, Sept. 12, 1795; _ib._, 409.) - -[312] Marshall, ii, 194. - -[313] Marshall, ii, 337. - -[314] _Ib._, 195; and see Beard: _Econ. O. J. D._, 279. - -[315] See this speech in Rives, iii, footnote to 418-19. It is curious -that Marshall, in his _Life of Washington_, makes the error of asserting -that the account of Dorchester's speech was "not authentic." It is one -of the very few mistakes in Marshall's careful book. (Marshall, ii, -320.) - -[316] Marshall to Stuart, May 28, 1794; MS., Va. Hist. Soc. - -[317] It must not be forgotten that we were not so well prepared for war -in 1794 as the colonies had been in 1776, or as we were a few years -after Jay was sent on his mission. And on the traditional policy of -Great Britain when intending to make war on any country, see J. Q. Adams -to his father, June 24, 1796; _Writings, J. Q. A._: Ford, i, 499-500. - -Also, see same to same, The Hague, June 9, 1796; _ib._, 493, predicting -dissolution of the Union in case of war with Great Britain. "I confess -it made me doubly desirous to quit a country where the malevolence that -is so common against America was exulting in triumph." (_Ib._) - -"The truth is that the American _Government_ ... have not upon earth -more rancorous enemies, than the springs which move the machine of this -Country [England] ... Between Great Britain and the United States no -_cordiality_ can exist." (Same to same, London, Feb. 10, 1796; _ib._, -477; also, March 24, 1794; _ib._, 18, 183, 187.) - -[318] Marshall, ii, 363. - -[319] _American Remembrancer_, i, 9. - -[320] Resolution of Wythe County (Va.) Democratic Society, quoted in -Anderson, 32. - -[321] Ames to Dwight, Feb. 3, 1795; _Works_: Ames, i, 166. - -[322] Marshall, ii, 362-64. - -[323] _Ib._, 366. - -[324] The Boston men, it appears, had not even read the treaty, as was -the case with other meetings which adopted resolutions of protest. -(Marshall, ii, 365 _et seq._) Thereupon the Boston satirists lampooned -the hasty denunciators of the treaty as follows:-- - - "I've never read it, but I say 'tis bad. - If it goes down, I'll bet my ears and eyes, - It will the people all unpopularize; - Boobies may hear it read ere they decide, - I move it quickly be unratified." - -On Dr. Jarvis's speech at Faneuil Hall against the Jay Treaty; Loring: -_Hundred Boston Orators_, 232. The Republicans were equally sarcastic: -"I say the treaty is a good one ... for I do not think about it.... What -did we choose the Senate for ... but to think for us.... Let the people -remember that it is their sacred right to submit and obey; and that all -those who would persuade them that they have a right to think and speak -on the sublime, mysterious, and to them incomprehensible affairs of -government are factious Democrats and outrageous Jacobins." (Essay on -Jacobinical Thinkers: _American Remembrancer_, i, 141.) - -[325] See Marshall's vivid description of the popular reception of the -treaty; Marshall, ii, 365-66. - -[326] Hamilton to King, June 20, 1795; _Works_: Lodge, x, 103. - -[327] "An Emetic for Aristocrats.... Also a History of the Life and -Death of Independence; Boston, 1795." Copies of such attacks were -scattered broadcast--"Emissaries flew through the country spreading -alarm and discontent." (Camillus, no. 1; _Works_: Lodge, v, 189-99.) - -[328] McMaster, ii, 213-20; Gibbs, i, 207; and Hildreth, iv, 548. - -[329] Present-day detraction of our public men is gentle reproof -contrasted with the savagery with which Washington was, thenceforth, -assailed. - -[330] Marshall, ii, 370. Of the innumerable accounts of the abuse of -Washington, Weld may be cited as the most moderate. After testifying to -Washington's unpopularity this acute traveler says: "It is the spirit of -dissatisfaction which forms a leading trait in the character of the -Americans as a people, which produces this malevolence [against -Washington]; if their public affairs were regulated by a person sent -from heaven, I firmly believe his acts, instead of meeting with -universal approbation, would by many be considered as deceitful and -flagitious." (Weld, i, 108-09.) - -[331] Washington almost determined to withhold ratification. (Marshall, -ii, 362.) The treaty was signed November 19, 1794; received by the -President, March 7, 1795; submitted to the Senate June 8, 1795; ratified -by the Senate June 24; and signed by Washington August 12, 1795. (_Ib._, -360, 361, 368.) - -[332] "Washington now defies the whole Sovereign that made him what he -is----and can unmake him again. Better his hand had been cut off when -his glory was at its height before he blasted all his Laurels!" (Dr. -Nathaniel Ames's Diary, Aug. 14, 1795; _Dedham (Mass.) Historical -Register_, vii, 33.) Of Washington's reply to the address of the -merchants and traders of Philadelphia "An Old Soldier of '76," wrote: -"Has adulation ... so bewildered his senses, that relinquishing even -common decency, he tells 408 merchants and traders of Philadelphia that -they are more immediately concerned than any other class of his fellow -citizens?" (_American Remembrancer_, ii, 280-81.) - -[333] Washington to Jay, May 8, 1796; _Writings_: Ford, xiii, 189. - -[334] _American Remembrancer_, ii, 265. - -[335] Journal, H.D. (1795), 54-55; and see Anderson, 43. - -[336] _American Remembrancer_, ii, 269. - -[337] Ames to Gore, Jan. 10, 1795; _Works_: Ames, i, 161. - -[338] - - "This treaty in one page confines, - The sad result of base designs; - The wretched purchase here behold - Of Traitors--who their country sold. - Here, in their proper shape and mien, - Fraud, perjury, and guilt are seen." - (Freneau, iii, 133.) - -[339] Jefferson to Monroe, Sept. 6, 1795; _Works_: Ford, viii, 187-88. - -[340] _Ib._ - -[341] Jefferson to Tazewell, Sept. 13, 1795; _Works_: Ford, viii, 191. -The Jay Treaty and Neutrality must be considered together, if the temper -of the times is to be understood. "If our neutrality be still preserved, -it will be due to the President alone," writes the younger Adams from -Europe. "Nothing but his weight of character and reputation, combined -with his firmness and political intrepidity could have stood against the -torrent that is still tumbling with a fury that resounds even across the -Atlantic.... If his system of administration now prevails, ten years -more will place the United States among the most powerful and opulent -nations on earth.... Now, when a powerful party at home and a mighty -influence from abroad, are joining all their forces to assail his -reputation, and his character I think it my duty as an American to avow -my sentiments." (J. Q. Adams to Bourne, Dec. 24, 1795; _Writings, J. Q. -A._: Ford, i, 467.) - -[342] Charles Pinckney's Speech; _American Remembrancer_, i, 7. - -[343] Marshall, ii, 378. The Republicans insisted that the assent of the -House of Representatives is necessary to the ratification of any treaty -that affects commerce, requires appropriation of money, or where any act -of Congress whatever may be necessary to carry a treaty into effect. -(_Ib._; and see Livingston's resolutions and debate; _Annals_, 4th -Cong., 1st Sess., 1795, 426; 628.) - -[344] "Priestly's Emigration," printed in Cobbett, i, 196, quoting -"Agricola." - -[345] "Camillus"; _Works_: Lodge, v and vi. It is impossible to give a -satisfactory condensation of these monumental papers. Struck off in -haste and under greatest pressure, they equal if not surpass Hamilton's -"First Report on the Public Credit," his "Opinion as to the -Constitutionality of the Bank of the United States," or his "Report on -Manufactures." As an intellectual performance, the "Letters of Camillus" -come near being Hamilton's masterpiece. - -[346] Washington to Hamilton, July 29, 1795; _Writings_: Ford, xiii, 76. - -[347] The whole country was against the treaty on general grounds; but -Virginia was especially hostile because of the sore question of runaway -slaves and the British debts. - -[348] Washington to Randolph, Aug. 4, 1795; _Writings_: Ford, xiii, -footnote to 86. See Resolutions, which were comparatively mild; -_American Remembrancer_, i, 133-34; and see _Richmond and Manchester -Advertiser_, of July 30, and Aug. 6, 1795. - -[349] Jefferson to Coxe, Sept. 10, 1795; _Works_: Ford, vii, 29. - -[350] Jefferson to Monroe, Sept. 6, 1795; _ib._, 27. - - - - -CHAPTER IV - -WASHINGTON'S DEFENDER - - His [Marshall's] lax, lounging manners have made him popular. - (Jefferson.) - - Having a high opinion of General Marshall's honor, prudence, and - judgment, consult him. (Washington.) - - The man [Washington] who is the source of all the misfortunes of - our country is no longer possessed of the power to multiply evils - on the United States. (The _Aurora_ on Washington's retirement - from the Presidency.) - - -Jefferson properly named Marshall as the first of Washington's friends -in Virginia. For, by now, he had become the leader of the Virginia -Federalists. His lucid common sense, his level poise, his steady -courage, his rock-like reliability--these qualities, together with his -almost uncanny influence over his constituents, had made him chief in -the Virginia Federalist councils. - -So high had Marshall risen in Washington's esteem and confidence that -the President urged him to become a member of the Cabinet. - -"The office of Attorney Gen^l. of the United States has become vacant by -the death of Will Bradford, Esq.[351] I take the earliest opportunity of -asking if you will accept the appointment? The salary annexed thereto, -and the prospects of lucrative practice in this city [Philadelphia]--the -present seat of the Gen^l. Government, must be as well known to you, -perhaps better, than they are to me, and therefore I shall say nothing -concerning them. - -"If your answer is in the affirmative, it will readily occur to you that -no unnecessary time should be lost in repairing to this place. If, on -the contrary, it should be the negative (which would give me concern) it -might be as well to say nothing of this offer. But in either case, I -pray you to give me an answer as promptly as you can."[352] - -Marshall decided instantly; he could not possibly afford to accept a -place yielding only fifteen hundred dollars annually, the salary of the -Attorney-General at that period,[353] and the duties of which permitted -little time for private practice which was then allowable.[354] So -Marshall, in a "few minutes" declined Washington's offer in a letter -which is a model of good taste. - -"I had the honor of receiving a few minutes past your letter of the 26th -inst. - -"While the business I have undertaken to complete in Richmond,[355] -forbids me to change my situation tho for one infinitely more eligible, -permit me Sir to express my sincere acknowledgments for the offer your -letter contains & the real pride & gratification I feel at the favorable -opinion it indicates. - -"I respect too highly the offices of the present government of the -United States to permit it to be suspected that I have declined one of -them."[356] - -When he refused the office of Attorney-General, Washington, sorely -perplexed, wrote Marshall's brother-in-law,[357] Edward Carrington, -United States Marshal and Collector of Internal Revenue for the District -of Virginia,[358] a letter, "the _whole_" of which "is perfectly -confidential, written, perhaps, with more candor than prudence," -concerning Innes or Henry for the place; but, says the President, -"having a high opinion of General[359] Marshall's honor, prudence, and -judgment," Carrington must consult him.[360] - -The harassed President had now come to lean heavily on Marshall in -Virginia affairs; indeed, it may be said that he was Washington's -political agent at the State Capital. Carrington's answer is typical of -his reports to the President: "The inquiry [concerning the selection of -an Attorney-General] which you have been pleased to submit to Gen^l. -Marshall and myself demands & receives our most serious attention--On -his [Marshall's] aid I rely for giving you accurate information."[361] - -[Illustration: _John Marshall_ -_From a painting by Rembrandt Peale_] - -Later Carrington advises Washington that Marshall "wishes an opportunity -of conversing with Col. Innes before he decides."[362] Innes was absent -at Williamsburg; and although the matter was urgent, Marshall and -Carrington did not write Innes, because, to do so, would involve a -decisive offer from Washington which "Gen^l. Marshall does not think -advisable."[363] - -When Washington's second letter, suggesting Patrick Henry, was received -by Carrington, he "immediately consulted Gen^l. Marshall thereon"; and -was guided by his opinion. Marshall thought that Washington's letter -should be forwarded to Henry because "his nonacceptance, from domestic -considerations, may be calculated on"; the offer "must tend to soften" -Henry "if he has any asperities"; and the whole affair would make Henry -"active on the side of Government & order."[364] - -Marshall argued that, if Henry should accept, his friendship for the -Administration could be counted on. But Marshall's strongest reason for -trying to induce Henry to become a member of the Cabinet was, says -Carrington, that "we are fully persuaded that a more deadly blow could -not be given to the Faction [Republican party] in Virginia, & -perhaps elsewhere, than that Gentleman's acceptance of the" -Attorney-Generalship. "So much have the opposers of the Government held -him [Henry] up as their oracle, even since he has ceased to respond to -them, that any event demonstrating his active support to Government, -could not but give the [Republican] party a severe shock."[365] - -A week later Carrington reports that Henry's "conduct & sentiments -generally both as to government & yourself [Washington] are such as we -[Marshall and Carrington] calculated on ... which assure us of his -discountenancing calumny of every description & disorder,"[366] meaning -that Henry was hostile to the Republicans. - -In the rancorous assaults upon the Jay Treaty in Virginia, Marshall, of -course, promptly took his position by Washington's side, and stoutly -defended the President and even the hated compact itself. Little cared -Marshall for the effect of his stand upon his popularity. Not at all did -he fear or hesitate to take that stand. And high courage was required to -resist the almost universal denunciation of the treaty in Virginia. Nor -was this confined to the masses of the people; it was expressed also by -most of the leading men in the various communities. At every meeting of -protest, well-drawn and apparently convincing resolutions were adopted, -and able, albeit extravagant, speeches were made against the treaty and -the Administration. - -Typical of these was the address of John Thompson at Petersburg, August -1, 1795.[367] With whom, asked Thompson, was the treaty made? With the -British King "who had sworn eternal enmity to republics"; that hateful -monarch who was trying "to stifle the liberty of France" and "to starve -thirty millions of men" by "intercepting the correspondence and -plundering the commerce of neutral nations," especially that of the -United States. The British, declared Thompson, sought "the destruction -of our rising commerce; the annihilation of our growing navigation," and -were pursuing that object "with all the ... oppression which rapacity -can practice." - -Sequestration of British debts and other justifiable measures of -retaliation would, said he, have stopped Great Britain's lawless -practices. But the Administration preferred to treat with that malign -Power; and our envoy, Jay, instead of "preserving the attitude of -dignity and speaking the language of truth ... basely apostatizing from -republican principles, stooped to offer the incense of flattery to a -tyrant, the scourge of his country, the foe of mankind.... Yes!" -exclaimed the radical orator, "we hesitated to offend a proud King, who -had captured our vessels, enslaved our fellow-citizens, ruined our -merchants, invaded our territory and trampled on our sovereignty." In -spite of these wrongs and insults, "we prostrated ourselves before him, -smiled in his face, flattered, and obtained this treaty." - -The treaty thus negotiated was, declared Thompson, the climax of the -Funding system which had "organized a great aristocracy ... usurped the -dominion of the senate ... often preponderated in the house of -representatives and which proclaims itself in servile addresses to our -supreme executive, in dangerous appointments, in monstrous accumulations -of debt, in violation of the constitution, in proscriptions of -democrats, and, to complete the climax of political infamy, in this -treaty." - -Concerning the refusal to observe the principle that "free bottoms make -free goods," our yielding the point rendered us, avowed Thompson, "a -cowardly confederate ... of ... ruthless despots, who march to desolate -France, to restore the altars of barbarous superstition and to -extinguish the celestial light which has burst upon the human mind. O my -countrymen, when you are capable of such monstrous baseness, even the -patriot will invoke upon you the contempt of ages." This humiliation had -been thrust upon us as a natural result of Washington's Neutrality -proclamation--"a sullen neutrality between freemen and despots." - -Thompson's searching, if boyish, rhetoric truly expressed the feeling in -the hearts of the people; it was a frenzied sentiment with which -Marshall had to contend. Notwithstanding his blazing language, Thompson -analyzed the treaty with ability. In common with opponents of the treaty -everywhere, he laid strongest emphasis on its unconstitutionality and -the "usurpation" by the President and Senate of the rights and powers of -the House of Representatives. - -But Thompson also mentioned one point that touched Marshall closely. -"The ninth article," said he, "invades the rights of this commonwealth, -by contemplating the case of Denny Fairfax."[369] Marshall and his -brother were now the owners of this estate;[370] and the Jay Treaty -confirmed all transfers of British property and authorized British -subjects to grant, sell, or devise lands held in America in the same -manner as if they were citizens of the United States. In Congress a few -months later, Giles, who, declared Ames, "has no scruples and certainly -less sense,"[371] touched lightly on this same chord.[372] So did Heath, -who was from that part of Virginia lying within the Fairfax grant.[373] - -Such was the public temper in Virginia, as accurately if bombastically -expressed by the youthful Thompson, when the elections for the -Legislature of 1795 were held. It was certain that the General Assembly -would take drastic and hostile action against the treaty; and, perhaps, -against Washington himself, in case the Republicans secured a majority -in that body. The Federalists were in terror and justly so; for the -Republicans, their strength much increased by the treaty, were -aggressive and confident. - -The Federalist candidate in Richmond was the member of the Legislature -whom the Federalists had succeeded in electing after Marshall's -retirement three years before. He was Marshall's intimate friend and a -stanch supporter of Washington's Administration. But it appears that in -the present crisis his popularity was not sufficient to secure his -election, nor his courage robust enough for the stern fight that was -certain to develop in the General Assembly. - -The polls were open and the voting in progress. Marshall was among the -first to arrive; and he announced his choice.[374] Upon his appearance -"a gentleman demanded that a poll be opened for Mr. Marshall."[375] -Marshall, of course, indignantly refused; he had promised to support his -friend, he avowed, and now to become a candidate was against "his wishes -and feeling and honor." But Marshall promised that he would stand for -the Legislature the following year. - -Thereupon Marshall left the polls and went to the court-house to make an -argument in a case then pending. No sooner had he departed than a poll -was opened for him in spite of his objections;[376] he was elected; and -in the evening was told of the undesired honor with which the -freeholders of Richmond had crowned him. - -Washington was apprehensive of the newly elected Legislature. He -anxiously questioned Carrington "as to the temper of our Assembly." The -latter reported that he did not "expect an extravagant conduct during -the session."[377] He thought that "the spirit of dissatisfaction is -considerably abated abroad" (throughout Virginia and away from -Richmond), because recent attempts to hold county and district meetings -"for the avowed purpose of condemning the Administration & the Treaty" -had been "abortive." It seemed to him, however, that "there is a very -general impression unfavorable to the Treaty, owing to the greater -industry of those who revile, over the supporters of it."[378] - -Still, Carrington was not sure about the Legislature itself; for, as he -said, "it has every year for several past been observable, that, at -meeting [of the Legislature] but few hot heads were to be seen, while -the great body were rational; but in the course of the session it has -seldom happened otherwise than that the spirit of party has been -communicated so as to infect a majority. In the present instance I -verily believe a question put on this day [the first day of the session] -for making the Treaty a subject of consideration would be negatived--yet -sundry members are here who will attempt every injury to both the -Administration & the Treaty. The party will want ability in their -leaders.... General Lee, C. Lee, Gen^l. Marshall & Mr. Andrews will act -with ability on the defensive."[379] - -Three days later the buoyant official advised the President that the -Republicans doubted their own strength and, at worst, would delay their -attack "in order that, as usual, a heat may be generated." Marshall was -still busy searching for a properly qualified person to appoint to the -unfilled vacancy in the office of Attorney-General; and Carrington tells -Washington that "Gen^l. Marshall and myself have had a private -consultation" on that subject and had decided to recommend Judge Blain. -But, he adds, "The suggestion rests entirely with Gen^l. M[arshall] & -myself & will there expire, should you, for any consideration, forbear -to adopt it." His real message of joy, however, was the happy frame of -mind of the Legislature.[380] - -Alas for this prophecy of optimism! The Legislature had not been in -session a week before the anti-Administration Banquo's ghost showed its -grim visage. The Republicans offered a resolution approving the vote of -Virginia Senators against the Jay Treaty. For three days the debate -raged. Marshall led the Federalist forces. "The support of the Treaty -has fallen altogether on Gen^l. Marshall and Mr. Chas. Lee," Carrington -reports to Washington.[382] - -Among the many objections to the treaty the principal one, as we have -seen, was that it violated the Constitution. The treaty regulated -commerce; the Constitution gave that power to Congress, which included -the House of Representatives; yet the House had not been consulted. The -treaty involved naturalization, the punishment of piracies, the laying -of imposts and the expenditure of money--all of these subjects were -expressly placed under the control of Congress and one of them[383] (the -raising and expending of public money) must originate in the House; yet -that popular branch of the Government had been ignored. The treaty -provided for a quasi-judicial commission to settle the question of the -British debts; yet "all the power of the Federal government with respect -to debts is given [Congress] by a concise article of the -Constitution.... What article of the Constitution authorizes President -and Senate to establish a judiciary colossus which is to stand with one -foot on America and the other on Britain, and drag the reluctant -governments of those countries to the altar of justice?"[384] - -Thus the question was raised whether a commercial treaty, or an -international compact requiring an appropriation of money, or, indeed, -any treaty whatever in the execution of which any action of any kind on -the part of the House of Representatives was necessary, could be made -without the concurrence of the House as well as the Senate. On this, the -only vital and enduring question involved, Marshall's views were clear -and unshakable. - -The defense of the constitutional power of the President and Senate to -make treaties was placed solely on Marshall's shoulders. The Federalists -considered his argument a conclusive demonstration. Carrington wrote -Washington that "on the point of constitutionality many conversions were -acknowledged."[385] He was mistaken; the Republicans were not impressed. -On the contrary, they thought that the treaty "was much less ably -defended than opposed."[386] - -The Republicans had been very much alarmed over Marshall and especially -feared the effect of one clever move. "John Marshall," wrote Jefferson's -son-in-law from Richmond to the Republican commander in Monticello, "it -was once apprehended would make a great number of converts by an -argument which cannot be considered in any other light than an uncandid -artifice. To prevent what would be a virtual censure of the President's -conduct he maintained _that the treaty in all its commercial parts was -still under the power of the H._[ouse] _of R._[epresentatives]."[387] - -Marshall, indeed, did make the most of this point. It was better, said -he, and "more in the spirit of the constitution" for the National House -to refuse support after ratification than to have a treaty "stifled in -embryo" by the House passing upon it before ratification. "He compared -the relation of the Executive and the Legislative department to that -between the states and the Congress under the old confederation. The old -Congress might have given up the right of laying discriminating duties -in favor of any nation by treaty; it would never have thought of taking -beforehand the assent of each state thereto. Yet, no one would have -pretended to deny the power of the states to lay such [discriminating -duties]."[388] - -Such is an unfriendly report of this part of Marshall's effort which, -wrote Jefferson's informant, "is all that is original in his argument. -The sophisms of Camillus, & the nice distinctions of the Examiner made -up the rest."[389] Marshall's position was that a "treaty is as -completely a valid and obligatory contract when negotiated by the -President and ratified by him, with the assent and advice of the Senate, -as if sanctioned by the House of Representatives also, under a -constitution requiring such sanction"; and he admitted only that the -powers of the House in reference to a treaty were limited to granting -or refusing appropriations to carry it into effect.[390] - -But as a matter of practical tactics to get votes, Marshall appears to -have put this in the form of an assertion--no matter what treaty the -President and Senate made, the House held the whip hand, he argued, and -in the end, could do what it liked; why then unnecessarily affront and -humiliate Washington by applauding the Virginia Senators for their vote -against the treaty? This turn of Marshall's, thought the Republicans, -"was brought forward for the purpose of gaining over the unwary & -wavering. It has never been admitted by the writers in favor of the -treaty to the northward."[391] - -But neither Marshall's unanswerable argument on the treaty-making power, -nor his cleverness in holding up the National House of Representatives -as the final arbiter, availed anything. The Federalists offered an -amendment affirming that the President and Senate "have a right to make" -a treaty; that discussion of a treaty in a State Legislature, "except as -to its constitutionality," was unnecessary; and that the Legislature -could not give "any mature opinion upon the conduct of the Senators from -Virginia ... without a full investigation of the treaty." They were -defeated by a majority of 46 out of a total of 150 members present and -voting; John Marshall voting for the amendment.[392] On the main -resolution proposed by the Republicans the Federalists lost two votes -and were crushed by a majority of two to one; Marshall, of course, -voting with the minority.[393] - -Carrington hastily reported to Washington that though "the discussion -has been an able one on the side of the Treaty," yet, "such was the -apprehension that a vote in its favor would be unpopular, that argument -was lost"; and that, notwithstanding many members were convinced by -Marshall's constitutional argument, "obligations of expediency" held -them in line against the Administration. The sanguine Carrington assured -the President, however, that "during the discussion there has been -preserved a decided respect for & confidence in you."[394] - -But alas again for the expectations of sanguinity! The Republican -resolution was, as Jefferson's son-in-law had reported to the Republican -headquarters at Monticello, "a virtual censure of the President's -conduct." This was the situation at the close of the day's debate. -Realizing it, as the night wore on, Washington's friends determined to -relieve the President of this implied rebuke by the Legislature of his -own State. The Republicans had carried their point; and surely, thought -Washington's supporters, the Legislature of Virginia would not openly -affront the greatest of all Americans, the pride of the State, and the -President of the Nation. - -Infatuated imagination! The next morning the friends of the -Administration offered a resolution that Washington's "motives" in -approving the treaty met "the entire approbation of this House"; and -that Washington, "for his great abilities, _wisdom_ and integrity merits -and possesses the undiminished confidence of his country." The -resolution came near passing. But some lynx-eyed Republican discovered -in the nick of time the word "_wisdom_."[395] That would never do. The -Republicans, therefore, offered an amendment "that this House do -entertain the highest sense of the integrity and patriotism of the -President of the United States; and that while they approve of the vote -of the Senators of this State" on the treaty, "they in no wise censure -the motives which influenced him in his [Washington's] conduct -thereupon."[396] - -The word "wisdom" was carefully left out. Marshall, Lee, and the other -Federalists struggled hard to defeat this obnoxious amendment; but the -Republicans overwhelmed them by a majority of 33 out of a total of 145 -voting, Marshall, of course, casting his vote against it.[397] - -In worse plight than ever, Washington's friends moved to amend the -Republican amendment by resolving: "That the President of the United -States, for his great abilities, _wisdom_, and integrity, merits and -possesses the undiminished confidence of this House." But even this, -which omitted all reference to the treaty and merely expressed -confidence in Washington's "abilities, wisdom, and integrity," was -beaten by a majority of 20 out of a total of 138 voting.[398] - -As soon as Jefferson got word of Marshall's support of Washington's -Administration in the Legislature, he poured out his dislike which had -long been distilling:-- - -"Though Marshall will be able to embarras [_sic_] the republican party -in the assembly a good deal," wrote Jefferson to Madison, "yet upon the -whole his having gone into it will be of service. He has been, hitherto, -able to do more mischief acting under the mask of Republicanism than he -will be able to do after throwing it plainly off. His lax lounging -manners have made him popular with the bulk of the people of Richmond; & -a profound hypocrisy, with many thinking men of our country. But having -come forth in the plenitude of his English principles the latter will -see that it is high time to make him known."[399] - -Such was Jefferson's inability to brook any opposition, and his -readiness to ascribe improper motives to any one having views different -from his own. So far from Marshall's having cloaked his opinions, he had -been and was imprudently outspoken in avowing them. Frankness was as -much a part of Marshall's mental make-up as his "lax, lounging manners" -were a part of his physical characteristics. Of all the men of the -period, not one was cleaner of hypocrisy than he. From Patrick Henry in -his early life onward to his associates on the bench at the end of his -days the testimony as to Marshall's open-mindedness is uniform and -unbroken. - -With the possible exception of Giles and Roane, Jefferson appears to -have been the only man who even so much as hinted at hypocrisy in -Marshall. Although strongly opposing his views and suggesting the -influence of supposed business connections, Madison had supreme -confidence in Marshall's integrity of mind and character. So had Monroe. -Even Jefferson's most panegyrical biographer declares Marshall to have -been "an earnest and sincere man."[400] - -The House of Delegates having refused to approve Washington, even -indirectly, the matter went to the State Senate. There for a week -Washington's friends fought hard and made a slight gain. The Senate -struck out the House resolution and inserted instead: "The General -Assembly entertain the highest sense of the integrity, patriotism and -wisdom of the President of the United States, and in approving the vote -of the Senators of the State in the Congress of the United States, -relative to the treaty with Great Britain, they in no wise mean to -censure the motives which influenced him in his conduct thereupon." To -this the House agreed, although by a slender majority, Marshall, of -course, voting for the Senate amendment.[401] - -During this session Marshall was, as usual, on the principal standing -committees and did his accustomed share of general legislative work. He -was made chairman of a special committee to bring in a bill "authorizing -one or more branches of the bank of the United States in this -commonwealth";[402] and later presented the bill,[403] which finally -passed, December 8, 1795, though not without resistance, 38 votes being -cast against it.[404] - -But the Republicans had not yet finished with the Jay Treaty or with its -author. On December 12, 1795, they offered a resolution instructing -Virginia's Senators and Representatives in Congress to attempt to secure -amendments to the Constitution providing that: "Treaties containing -stipulations upon the subject of powers vested in Congress shall be -approved by the House of Representatives"; that "a tribunal other than -the Senate be instituted for trying impeachments"; that "Senators shall -be chosen for three years"; and that "U.S. Judges shall hold no other -appointments."[405] - -The Federalists moved to postpone this resolution until the following -year "and print and distribute proposed amendments for the consideration -of the people"; but they were beaten by a majority of 11 out of a total -vote of 129, Marshall voting for the resolution. The instruction to -secure these radical constitutional changes then passed the House by a -majority of 56 out of a total vote of 120, Marshall voting against -it.[406] - -Marshall's brother-in-law, United States Marshal Carrington, had a hard -time explaining to Washington his previous enthusiasm. He writes: "The -active powers of the [Republican] party ... unveiled themselves, & -carried in the House some points very extraordinary indeed, manifesting -disrespect towards you." But, he continues, when the Virginia Senate -reversed the House, "the zealots of Anarchy were backward to act ... -while the friends of Order were satisfied to let it [the Virginia Senate -amendment] remain for farther effects of reflection"; and later -succeeded in carrying it. - -"The fever has raged, come to its crisis, and is abating." Proof of -this, argued Carrington, was the failure of the Republicans to get -signatures to "some seditious petitions [against the Jay Treaty] which -was sent in vast numbers from Philadelphia" and which "were at first -patronized with great zeal by many of our distinguished anarchists; -but ... very few copies will be sent to Congress fully signed."[407] - -Never was appointive officer so oblivious of facts in his reports to his -superior, as was Carrington. Before adjournment on December 12, 1795, -the Legislature adopted part of the resolution which had been offered in -the morning: "No treaty containing any stipulation upon the subject of -powers vested in Congress by the eighth section of the first article [of -the Constitution] shall become the Supreme law of the land until it -shall have been approved in those particulars by a majority in the -House of Representatives; and that the President, before he shall -ratify _any_ treaty, shall submit the same to the House of -Representatives."[408] - -Carrington ignored or failed to understand this amazing resolution of -the Legislature of Virginia; for nearly three months later he again -sought to solace Washington by encouraging reports. "The public mind in -Virginia was never more tranquil than at present. The fever of the late -session of our assembly, had not been communicated to the Country.... -The people do not approve of the violent and petulant measures of the -Assembly, because, in several instances, public meetings have declared a -decided disapprobation." In fact, wrote Carrington, Virginia's -"hostility to the treaty has been exaggerated." Proof "of the mass of -the people being less violent than was asserted" would be discovered "in -the failure of our Zealots in getting their signatures to certain -printed papers, sent through the Country almost by Horse loads, as -copies of a petition to Congress on the subject of the Treaty."[409] But -a few short months would show how rose-colored were the spectacles which -Mr. Carrington wore when he wrote this reassuring letter. - -The ratification of the British treaty; the rage against England; and -the devotion to France which already had made the Republican a French -party; the resentment of the tri-color Republic toward the American -Government--all forged a new and desperate menace. It was, indeed, -Scylla or Charybdis, as Washington had foreseen, and bluntly stated, -that confronted the National Government. War with France now seemed the -rock on which events were driving the hard-pressed Administration--war -for France or war from France. - -The partisan and simple-minded Monroe had been recalled from his -diplomatic post at Paris. The French mission, which at the close of our -Revolution was not a place of serious moment,[410] now became -critically--vitally--important. Level must be the head and stout the -heart of him who should be sent to deal with that sensitive, proud, and -now violent country. Lee thus advises the President: "No person would be -better fitted than John Marshall to go to France for supplying the place -of our minister; but it is scarcely short of absolute certainty that he -would not accept any such office."[411] - -But Washington's letter was already on the way, asking Marshall to -undertake this delicate task:-- - -"In confidence I inform you," wrote Washington to Marshall, "that it has -become indispensably necessary to recall our minister at Paris & to send -one in his place, who will explain faithfully the views of this -government & ascertain those of France. - -"Nothing would be more pleasing to me than that you should be this -organ, if it were only for a temporary absence of a few months; but it -being feared that even this could not be made to comport with your -present pursuits, I have in order that as little delay as possible may -be incurred put the enclosed letter [to Charles Cotesworth Pinckney] -under cover to be forwarded to its address, if you decline the present -offer or to be returned to me if you accept it. Your own correct -knowledge of circumstances renders details unnecessary."[412] - -Marshall at once declined this now high distinction and weighty service, -as he had already refused the United States district attorneyship and a -place in Washington's Cabinet. Without a moment's delay, he wrote the -President:-- - -"I will not attempt to express those sensations which your letter of the -8th instant has increased. Was it possible for me in the present crisis -of my affairs to leave the United States, such is my conviction of the -importance of that duty which you would confide to me, &, pardon me if I -add, of the fidelity with which I shoud attempt to perform it, that I -woud certainly forego any consideration not decisive with respect to my -future fortunes, & woud surmount that just diffidence I have entertain^d -of myself, to make one effort to convey truly & faithfully to the -government of France those sentiments which I have ever believed to be -entertained by that of the United States. - -"I have forwarded your letter to Mr. Pinckney. The recall of our -minister at Paris has been conjectured while its probable necessity has -been regretted by those who love more than all others, our own country. -I will certainly do myself the honor of waiting on you at Mt. -Vernon."[413] - -Washington, although anticipating Marshall's refusal of the French -mission, promptly answered: "I ... regret that present circumstances -should deprive our Country of the services, which, I am confident, your -going to France would have rendered it"; and Washington asks Marshall's -opinion on the proper person to appoint to the office of -Surveyor-General.[414] - -The President's letter, offering the French post to Pinckney, was lost -in the mails; and the President wrote Marshall about it, because it also -enclosed a note "containing three bank bills for one hundred dollars -each for the sufferers by fire in Charlestown."[415] In answer, Marshall -indulged in a flash of humor, even at Washington's expense. "Your letter -to General Pinckney was delivered by myself to the post master on the -night on which I received it and was, as he says, immediately forwarded -by him. Its loss is the more remarkable, as it could not have been -opened from a hope that it contained bank notes." He also expressed his -gratification "that a gentleman of General Pinckney's character will -represent our government at the court of France."[416] - -The office of Secretary of State now became vacant, under circumstances -apparently forbidding. The interception of Fauchet's[417] famous -dispatch number 10[418] had been fatal to Randolph. The French -Minister, in this communication to his Government, portrays a frightful -state of corrupt public thinking in America; ascribes this to the -measures of Washington's Administration; avows that a revolution is -imminent; declares that powerful men, "all having without doubt" -Randolph at their head, are balancing to decide on their party; asserts -that Randolph approached him with suggestions for money; and -concludes:-- - -"Thus with some thousands of dollars the [French] republic could have -decided on civil war or on peace [in America]! Thus the consciences of -the pretended patriots of America have already their prices!... What -will be the old age of this [American] government, if it is thus early -decrepid!"[419] - -The discovery of this dispatch of the French Minister destroyed Randolph -politically. Washington immediately forced his resignation.[420] - -The President had great difficulty in finding a suitable successor to -the deposed Secretary of State. He tendered the office to five men, all -of whom declined.[421] "What am I to do for a Secretary of State?" he -asks Hamilton; and after recounting his fruitless efforts to fill that -office the President adds that "Mr. Marshall, of Virginia, has declined -the office of Attorney General, and I am pretty certain, would accept -of no other."[422] It is thus made clear that Washington would have -made Marshall the head of his Cabinet in 1795 but for the certainty that -his Virginia champion would refuse the place, as he had declined other -posts of honor and power. - -Hardly had the Virginia Legislature adjourned when the conflict over the -treaty was renewed in Congress. The Republicans had captured the House -of Representatives and were full of fight. They worked the mechanism of -public meetings and petitions to its utmost. On March 7 the House -plunged into a swirl of debate over the British treaty; time and again -it seemed as though the House would strangle the compact by withholding -appropriations to make it effective.[423] If the treaty was to be saved, -all possible pressure must be brought to bear on Congress. So the -Federalists took a leaf out of the book of Republican tactics, and got -up meetings wherever they could to petition Congress to grant the -necessary money. - -In Virginia, as elsewhere, the merchants were the principal force in -arranging these meetings.[424] As we have seen, the business and -financial interests had from the first been the stanchest supporters of -Washington's Administration. "The commercial and monied people are -zealously attached to" and support the Government, wrote Wolcott in -1791.[425] And now Hamilton advised King that "men of business of all -descriptions" thought the defeat of the treaty "would greatly shock and -stagnate pecuniary plans and operations in general."[426] Indeed, the -one virtue of the treaty, aside from its greatest purpose, that of -avoiding war, was that it prevented the collapse of credit and the wreck -of Hamilton's financial system. - -Washington, with the deceptive hopefulness of responsibility, had, even -when it seemed that the people were as one man against the treaty, -"doubted much whether the great body of the yeomanry have formed any -opinions on the subject."[427] The Federalist meetings were designed to -show that the "yeomanry," having been "educated," had at last made up -its mind in favor of Washington's policy. - -Marshall and Carrington arranged for the Richmond gathering. "The -disorganizing machinations of a faction [Republicans]," reported the -busy United States Marshal, "are no longer left to be nourished and -inculcated on the minds of the credulous by clamorous demagogues, while -the great mass of citizens, viewing these, as evils at a distance, -remain inactive.... All who are attached to peace and order, ... will -now come forward and speak for themselves.... A meeting of the people of -this city will take place on Monday next" to petition the National House -of Representatives to support the treaty. So Carrington advised the -President; and the same thing, said he, was to be done "extensively" by -"public meetings and Petitions throughout Virginia."[428] - -Washington was expecting great results from the Richmond demonstration. -"It would give me and ... every friend to order and good government -throughout the United States very great satisfaction," he wrote to -encourage the Virginia Federalists; "more so than similar sentiments -from any other State in the Union; for people living at a distance from -it [Virginia] know not how to believe it possible" that the Virginia -Legislature and her Senators and Representatives in Congress should -speak and act as they had done.[429] "It is," philosophized Washington, -"on _great_ occasions _only_ and after time has been given for cool and -deliberate reflection that the _real_ voice of the people can be known. -The present ... is one of those great occasions, than which none more -important has occurred, or probably may occur again to call forth their -decision."[430] - -By such inspiration and management the historic Federalist gathering was -brought about at Richmond on April 25, 1796, where the "Marshall -eloquence" was to do its utmost to convert a riotously hostile sentiment -into approval of this famous treaty and of the Administration which was -responsible for it. All day the meeting lasted. Marshall put forth his -whole strength. At last a "decided majority" adopted a favorable -resolution drawn by an "original opponent" of the treaty. Thus were -sweetened the bitter resolutions adopted by these same freeholders of -Richmond some months before, which had so angered Washington. - -The accounts of this all-day public discussion are as opposite as were -the prejudices and interests of the narrators. Justice Story tells us -that Marshall's speech was "masterly," the majority for the resolution -"flattering," and the assemblage itself made up of the "same citizens" -who formerly had "denounced" the treaty.[431] But there was present at -the meeting an onlooker who gives a different version. Randolph, who, in -disgrace, was then sweating venom from every pore, thus reports to -Madison at the end of the hard-fought day:-- - -"Between 3 & 400 persons were present; a large proportion of whom were -British merchants, some of whom pay for the British purchases of -horses--their clerks--officers, who have held posts under the President -at his will,--stockholders--expectants of office--and many without the -shadow of a freehold.[432] Notwithstanding this, the numbers on the -republican side, tho' inferior, were inferior in a small degree only; -and it is believed on good grounds that the majority of free-holders -were on the side of the house of representatives [against the treaty]. - -"Campbell[433] and Marshall the principal combatants [word illegible] as -you know without being told. Marshall's argument was inconsistent, and -shifting; concluding every third sentence with the horrors of war. -Campbell spoke elegantly and forcibly; and threw ridicule and absurdity -upon his antagonist with success. Mr. Clofton [Clopton, member of -Congress from Richmond] will receive two papers; one signed by the -treaty men, many of whom he will know to have neither interest nor -feeling in common with the citizens of Virginia, and to have been -transplanted hither from England or Caledonia since the war, -interspersed pretty considerably with fugitive tories who have returned -under the amnesty of peace. - -"The notice, which I sent you the other day," he goes on to say, "spoke -of instructions and a petition; but Marshall, suspecting that he would -be outnumbered by freeholders, and conscious that none should instruct -those who elect, quitted the idea of instruction, and betook himself to -a petition, in which he said all the inhabitants of Richmond, though not -freeholders, might join. Upon which Campbell gave notice, that it would -be published that he (Marshall) declined hazarding the question on the -true sense of the country. Very few of the people [freeholders] of the -county were present; but three-fourths of those who were present voted -with Campbell. Dr. Foushee was extremely active and influential."[434] - -Marshall, on the contrary, painted in rich colors his picture of this -town-hall contest. He thus reports to Hamilton: "I had been informed of -the temper of the House of Representatives and we [Richmond Federalists] -had promptly taken such measures as appeared to us fitted to the -occasion. We could not venture an expression of the public mind under -the violent prejudices with which it has been impressed, so long as a -hope remained, that the House of Representatives might ultimately -consult the interest or honor of the nation.... But now, when all hope -of this has vanished, it was deemed advisable to make the experiment, -however hazardous it might be. - -"A meeting was called," continues Marshall, "which was more numerous -than I have ever seen at this place; and after a very ardent and zealous -discussion which consumed the day, a decided majority declared in favor -of a resolution that the wellfare and honor of the nation required us to -give full effect to the treaty negotiated with Britain. This resolution, -with a petition drawn by an original opponent of the treaty, will be -forwarded by the next post to Congress."[435] - -The resolution which Marshall's speech caused an "original -opponent"[436] of the treaty to draw was "that the Peace, Happiness, & -Wellfare, not less than the National Honor of the United States, depend -in a great degree upon giving, with good faith, Full effect to the -Treaty lately negotiated with Great Britain." The same newspaper that -printed this resolution, in another account of the meeting "which was -held at the instance of some friends of the British Treaty," says that -"in opposition to that resolution a vast number of the meeting" -subscribed to counter-declarations which "are now circulated throughout -this City and the county of Henrico for the subscription of all those -who" are opposed to the treaty.[437] Even the exultant Carrington -reported "that the enemies of the Treaty or rather of the Government, -are putting in practice every part and effort to obtain subscriptions to -a counteracting paper." - -Carrington denounced the unfavorable newspaper account as "a most -absolute falsehood." He tells Washington that the opposition resolution -"was not even listened [to] in the meeting." But still he is very -apprehensive--he beholds the politician's customary "crisis" and strives -to make the people see it: "There never was a crisis at which the -activity of the Friends of Government was more urgently called for--some -of us here have endeavored to make this impression in different parts of -the Country."[438] The newspaper reported that the Federalists had -induced "school boys & apprentices" to sign the petition in favor of the -treaty; Carrington adds a postscript stating that this was, "I believe, -a little incorrect." - -Marshall foresaw that the Republicans would make this accusation and -hastened to anticipate it by advancing the same charge against his -opponents. The Republicans, says Marshall, secured the signatures to -their petition not only "of many respectable persons but of still a -greater number of mere boys.... Altho' some caution has been used by us -in excluding those who might not be considered as authorized to vote," -yet, Marshall advises King, "they [Republicans] will not fail to charge -us with having collected a number of names belonging to foreigners and -to persons having no property in the place. The charge is as far -untrue," asserts Marshall, "as has perhaps ever happened on any occasion -of the sort. We could, by resorting to that measure, have doubled our -list of petitioners." And he adds that "the ruling party [Republican] of -Virginia are extremely irritated at the vote of to-day, and will spare -no exertion to obtain a majority in other counties. Even here they will -affect to have the greater number of freeholders."[439] - -It was in this wise that petitions favorable to the Jay Treaty and to -Washington were procured in the President's own State. It was thus that -the remainder of the country was assured that the Administration was not -without support among the people of Virginia. Unsuspected and wholly -unforeseen was the influence on Marshall's future which his ardent -championship of this despised treaty was to exercise. - -The Federalists were wise to follow the Republican practice of petition -to Congress; for, "nothing ... but the torrent of petitions and -remonstrances ... would have produced a division (fifty-one to -forty-eight) in favor of the appropriation."[440] So great was the joy -of the commercial classes that in Philadelphia, the financial heart of -the country, a holiday was celebrated when the House voted the -money.[441] - -Marshall's activity, skill, courage, ability, and determination in the -Legislature and before the people at this critical hour lifted him -higher than ever, not only in the regard of Washington, but in the -opinion of the Federalist leaders throughout the country.[442] They were -casting about for a successor to Washington who could be most easily -elected. The Hamiltonian Federalists were already distrustful of Adams -for the presidency, and, even then, were warily searching for some other -candidate. Why not Patrick Henry? Great changes had occurred in the old -patriot's mind and manner of thinking. He was now a man of wealth and -had come to lean strongly toward the Government. His friendship for -Washington, Marshall, and other Virginia Federalists had grown; while -for Jefferson and other Virginia Republicans it had turned to dislike. -Still, with Henry's lifelong record, the Federalists could not be sure -of him. - -To Marshall's cautious hands the Federalist leaders committed the -delicate business of sounding Henry. King of New York had written -Marshall on the subject. "Having never been in habits of correspondence -with Mr. H.[enry]," replies Marshall, "I cou'd not by letter ask from -him a decision on the proposition I was requested to make him without -giving him at the same time a full statement of the whole conversation & -of the persons with whom that conversation was held." Marshall did not -think this wise, for "I am not positively certain what course that -Gentleman might take. The proposition might not only have been rejected -but mentioned publickly to others in such manner as to have become an -unpleasant circumstance." - -A prudent man was Marshall. He thought that Lee, who "corresponds -familiarly with Mr. H. & is in the habit of proposing offices to him," -was the man to do the work; and he asked Lee "to sound Mr. H. as from -himself or in such manner as might in any event be perfectly safe." Lee -did so, but got no answer. However, writes Marshall, "Mr. H.[enry] will -be in Richmond on the 22^d of May. I can then sound him myself & if I -find him (as I suspect I shall) totally unwilling to engage in the -contest, I can stop where prudence may direct. I trust it will not then -be too late to bring forward to public view Mr. H. or any other -gentleman who may be thought of in his stead. Shou'd anything occur to -render it improper to have any communication with M^r. H. on this -subject, or shou'd you wish the communication to take any particular -shape you will be so obliging as to drop me a line concerning it."[443] - -Marshall finally saw Henry and at once wrote the New York lieutenant of -Hamilton the result of the interview. "Mr. Henry has at length been -sounded on the subject you communicated to my charge," Marshall advises -King. "Gen^l. Lee and myself have each conversed with him on it, tho' -without informing him particularly of the persons who authorized the -communication. He is unwilling to embark in the business. His -unwillingness, I think, proceeds from an apprehension of the -difficulties to be encountered by those who shall fill high Executive -offices."[444] - -The autumn of 1796 was at hand. Washington's second term was closing in -Republican cloudbursts and downpours of abuse of him. He was, said the -Republicans, an aristocrat, a "monocrat," a miser, an oppressor of the -many for the enrichment of the few. Nay, more! Washington was a thief, -even a murderer, charged the Republicans. His personal habits were low -and base, said these champions of purity.[445] Washington had not even -been true to the cause of the Revolution, they declared; and to prove -this, an ancient slander, supported by forged letters alleged to have -been written by Washington during the war, was revived.[446] - -Marshall, outraged and insulted by these assaults on the great American, -the friend of his father and himself and the commander of the patriots -who had, by arms, won liberty and independence for the very men who -were now befouling Washington's name, earnestly defended the President. -Although his law practice and private business called for all his -strength and time, Marshall, in order to serve the President more -effectively, again stood for the Legislature, and again he was elected. - -In the Virginia House of Delegates, Marshall and the other friends of -Washington took the initiative. On November 17, 1796, they carried a -motion for an address to the President, declaratory of Virginia's -"gratitude for the services of their most excellent fellow citizen"; who -"has so wisely and prosperously administrated the national -concerns."[447] But how should the address be worded? The Republicans -controlled the committee to which the resolution was referred. Two days -later that body reported a cold and formal collection of sentences as -Virginia's address to Washington upon his leaving, apparently forever, -the service of America. Even Lee, who headed the committee, could not -secure a declaration that Washington was or had been wise. - -This stiff "address" to Washington, reported by the committee, left out -the word "wisdom." Commendation of Washington's conduct of the -Government was carefully omitted. Should his friends submit to this? No! -Better to be beaten in a manly contest. Marshall and the other -supporters of the President resolved to try for a warmer expression. On -December 10, they introduced a substitute declaring that, if Washington -had not declined, the people would have reëlected him; that his whole -life had been "strongly marked by wisdom, valor, and patriotism"; that -"posterity to the most remote generations and the friends of true and -genuine liberty and of the rights of man throughout the world, and in -all succeeding ages, will unite" in acclaiming "that you have never -ceased to deserve well of your country"; that Washington's "valor and -wisdom ... had essentially contributed to establish and maintain the -happiness and prosperity of the nation."[448] - -But the Republicans would have none of it. After an acrid debate and in -spite of personal appeals made to the members of the House, the -substitute was defeated by a majority of three votes. John Marshall was -the busiest and most persistent of Washington's friends, and of course -voted for the substitute,[449] which, almost certainly, he drew. Cold as -was the original address which the Federalists had failed to amend, the -Republicans now made it still more frigid. They would not admit that -Washington deserved well of the whole country. They moved to strike out -the word "country" and in lieu thereof insert "native state."[450] - -Many years afterward Marshall told Justice Story his recollection of -this bitter fight: "In the session of 1796 ... which," said Marshall, -"called forth all the strength and violence of party, some Federalist -moved a resolution expressing the high confidence of the House in the -virtue, patriotism, and wisdom of the President of the United States. A -motion was made to strike out the word _wisdom_. In the debate the whole -course of the Administration was reviewed, and the whole talent of each -party was brought into action. Will it be believed that the word was -retained by a very small majority? A very small majority in the -legislature of Virginia acknowledged the wisdom of General -Washington!"[451] - -Dazed for a moment, the Federalists did not resist. But, their courage -quickly returning, they moved a brief amendment of twenty words -declaring that Washington's life had been "strongly marked by wisdom, in -the cabinet, by valor, in the field, and by the purest patriotism in -both." Futile effort! The Republicans would not yield. By a majority of -nine votes[452] they flatly declined to declare that Washington had been -wise in council, brave in battle, or patriotic in either; and the -original address, which, by these repeated refusals to endorse either -Washington's sagacity, patriotism, or even courage, had now been made a -dagger of ice, was sent to Washington as the final comment of his -native State upon his lifetime of unbearable suffering and incalculable -service to the Nation. - -Arctic as was this sentiment of the Virginia Republicans for Washington, -it was tropical compared with the feeling of the Republican Party toward -the old hero as he retired from the Presidency. On Monday, March 5, -1797, the day after Washington's second term expired, the principal -Republican newspaper of America thus expressed the popular sentiment:-- - -"'Lord, now lettest thou thy servant depart in peace, for mine eyes have -seen thy salvation,' was the pious ejaculation of a man who beheld a -flood of happiness rushing in upon mankind.... - -"If ever there was a time that would license the reiteration of the -exclamation, that time is now arrived, for the man [Washington] who is -the source of all the misfortunes of our country, is this day reduced to -a level with his fellow citizens, and is no longer possessed of power to -multiply evils upon the United States. - -"If ever there was a period for rejoicing this is the moment--every -heart, in unison with the freedom and happiness of the people ought to -beat high with exultation, that the name of Washington from this day -ceases to give a currency to political iniquity, and to legalize -corruption.... - -"A new æra is now opening upon us, an æra which promises much to the -people; for public measures must now stand upon their own merits, and -nefarious projects can no longer be supported by a name. - -"When a retrospect is taken of the Washingtonian administration for -eight years, it is a subject of the greatest astonishment, that a single -individual should have cankered the principles of republicanism in an -enlightened people, just emerged from the gulph of despotism, and should -have carried his designs against the public liberty so far as to have -put in jeopardy its very existence. - -"Such however are the facts, and with these staring us in the face, this -day ought to be a JUBILEE in the United States."[453] - -Such was Washington's greeting from a great body of his fellow citizens -when he resumed his private station among them after almost twenty years -of labor for them in both war and peace. Here rational imagination must -supply what record does not reveal. What must Marshall have thought? Was -this the fruit of such sacrifice for the people's welfare as no other -man in America and few in any land throughout all history had ever -made--this rebuke of Washington--Washington, who had been the soul as -well as the sword of the Revolution; Washington, who alone had saved the -land from anarchy; Washington, whose level sense, far-seeing vision, and -mighty character had so guided the newborn Government that the American -people had taken their place as a separate and independent Nation? -Could any but this question have been asked by Marshall? - -He was not the only man to whom such reflections came. Patrick Henry -thus expressed his feelings: "I see with concern our old -commander-in-chief most abusively treated--nor are his long and great -services remembered.... If he, whose character as our leader during the -whole war, was above all praise, is so roughly handled in his old age, -what may be expected by men of the common standard of character?"[454] - -And Jefferson! Had he not become the voice of the majority? - -Great as he was, restrained as he had arduously schooled himself to be, -Washington personally resented the brutal assaults upon his character -with something of the fury of his unbridled youth: "I had no conception -that parties would or even could go to the length I have been witness -to; nor did I believe, until lately, that it was within the bounds of -probability--hardly within those of possibility--that ... every act of -my administration would be tortured and the grossest and most insidious -misrepresentations of them be made ... and that too in such exaggerated -and indecent terms as could scarcely be applied to a Nero--a notorious -defaulter--or even to a common pickpocket."[455] - -Here, then, once more, we clearly trace the development of that -antipathy between Marshall and Jefferson, the seeds of which were sown -in those desolating years from 1776 to 1780, and in the not less trying -period from the close of the Revolution to the end of Washington's -Administration. Thus does circumstance mould opinion and career far more -than abstract thinking; and emotion quite as much as reason shape -systems of government. The personal feud between Marshall and Jefferson, -growing through the years and nourished by events, gave force and speed -to their progress along highways which, starting at the same point, -gradually diverged and finally ran in opposite directions. - - -FOOTNOTES: - -[351] When Jefferson resigned, Randolph succeeded him as Secretary of -State, and continued in that office until driven out of public life by -the famous Fauchet disclosure. William Bradford of Pennsylvania -succeeded Randolph as Attorney-General. - -[352] Washington to Marshall, Aug. 26, 1795; Washington MSS., Lib. Cong. - -[353] Act of 1789, _Annals_, 1st Cong., 1st Sess., Appendix, 2238. - -[354] For Randolph's pathetic account of his struggles to subsist as -Attorney-General, see Conway, chap. xv. - -[355] The Fairfax purchase. See _infra_, chap. V. - -[356] Marshall to Washington, Aug. 31, 1795; Washington MSS., Lib. Cong. - -[357] See _infra_, chap. V. - -[358] Executive Journal, U.S. Senate, i, 81, 82. And see Washington's -_Diary_: Lossing, 166. Carrington held both of these offices at the same -time. - -[359] Referring to Marshall's title as General of Virginia Militia. He -was called "General" from that time until he became Chief Justice of the -United States. - -[360] Washington to Carrington, Oct. 9, 1795; _Writings_: Ford, xiii, -116. - -[361] Carrington to Washington, Oct. 2, 1795; MS., Lib. Cong. - -[362] _Ib._ - -[363] Carrington to Washington, Oct. 8, 1795; MS., Lib. Cong. - -[364] _Ib._, Oct. 13, 1795; MS., Lib. Cong. - -[365] _Ib._ A passage in this letter clearly shows the Federalist -opinion of the young Republican Party and suggests the economic line -dividing it from the Federalists. "In the present crisis Mr. H.[enry] -may reasonably be calculated on as taking the side of Government, even -though he may retain his old prejudices against the Constitution. He has -indubitably an abhorrence of Anarchy.... We know too that he is -improving his fortune fast, which must additionally attach him to the -existing Government & order, the only Guarantees of property. Add to all -this, that he has no affection for the present leaders of the opposition -in Virg^a." (Carrington to Washington, Oct. 13, 1795; MS., Lib. Cong.) - -[366] Carrington to Washington, Oct. 20, 1795; MS., Lib. Cong. -Carrington's correspondence shows that everything was done on Marshall's -judgment and that Marshall himself personally handled most of the -negotiations. (See _ib._, Oct. 28; Oct. 30, 1795.) - -[367] _American Remembrancer_, i, 21 _et seq._ John Thompson was -nineteen years old when he delivered this address. His extravagant -rhetoric rather than his solid argument is quoted in the text as better -illustrating the public temper and prevailing style of oratory. (See -sketch of this remarkable young Virginian, _infra_, chap. X.) - -[368] A favorite Republican charge was that the treaty would separate us -from France and tie us to Great Britain: "A treaty which children cannot -read without discovering that it tends to disunite us from our present -ally, and unite us to a government which we abhor, detest and despise." -("An Old Soldier of '76"; _American Remembrancer_, ii, 281.) - -[369] _American Remembrancer_, i, 27. - -[370] See _infra_, chap. V. - -[371] Ames to Gore, March 11, 1796; _Works_: Ames, i, 189. - -[372] _Annals_, 4th Cong., 1st Sess., 1033-34. - -[373] _Ib._, 1063. See Anderson, 41-43. As one of the purchasers of the -Fairfax estate, Marshall had a personal interest in the Jay Treaty, -though it does not appear that this influenced him in his support of it. - -[374] The voting was _viva voce_. See _infra_, chap. X. - -[375] Undoubtedly this gentleman was one of the perturbed Federalist -managers. - -[376] _North American Review_, xxvi, 22. While this story seems -improbable, no evidence has appeared which throws doubt upon it. At any -rate, it serves to illustrate Marshall's astonishing popularity. - -[377] Carrington's reports to Washington were often absurd in their -optimistic inaccuracy. They are typical of those which faithful -office-holding politicians habitually make to the appointing power. For -instance, Carrington told Washington in 1791 that, after traveling all -over Virginia as United States Marshal and Collector of Internal -Revenue, he was sure the people were content with Assumption and the -whiskey tax (Washington's _Diary_: Lossing, footnote to 166), when, as a -matter of fact, the State was boiling with opposition to those very -measures. - -[378] The mingling, in the Republican mind, of the Jay Treaty, -Neutrality, unfriendliness to France, and the Federalist Party is -illustrated in a toast at a dinner in Lexington, Virginia, to Senator -Brown, who had voted against the treaty: "The French Republic--May every -power or party who would attempt to throw any obstacle in the way of its -independence or happiness receive the reward due to corruption." -(_Richmond and Manchester Advertiser_, Oct. 15, 1795.) - -[379] Carrington to Washington, Nov. 10, 1795; MS., Lib. Cong. - -[380] _Ib._, Nov. 13, 1795; MS.; Lib. Cong. - -[381] The resolution "was warmly agitated three whole days." (Randolph -to Jefferson, Nov. 22, 1795; _Works_: Ford, viii, footnote to 197.) - -[382] Carrington to Washington, Nov. 20, 1795; MS., Lib. Cong. - -[383] See debates; _Annals_, 4th Cong., 1st Sess., 423-1291; also see -Petersburg Resolutions; _American Remembrancer_, i, 102-07. - -[384] Thompson's address, Aug. 1, 1795, at Petersburg; _ib._, 21 _et -seq._ - -[385] Carrington to Washington, Nov. 20, 1795; MS., Lib. Cong. - -[386] Randolph to Jefferson, Nov. 22, 1795; _Works_: Ford, viii, -footnote to 197. - -[387] Randolph to Jefferson, Nov. 22, 1795; _Works_: Ford, viii, -footnote to 197. - -[388] _Ib._ - -[389] _Ib._ See Hamilton's dissertation on the treaty-making power in -numbers 36, 37, 38, of his "Camillus"; _Works_: Lodge, vi, 160-97. - -[390] Marshall to Hamilton, April 25, 1796; _Works_: Hamilton, vi, 109. - -[391] Randolph to Jefferson, Nov. 22, 1795; _Works_: Ford, viii, 198. - -[392] Journal, H.D. (Nov. 20, 1795), 27-28. - -[393] Journal, H.D. (Nov. 20, 1795), 28. - -[394] Carrington to Washington, Nov. 20, 1795; MS., Lib. Cong. - -[395] The italics are mine. "The word 'wisdom' in expressing the -confidence of the House in the P.[resident] was so artfully introduced -that if the fraudulent design had not been detected in time the vote of -the House, as to its effect upon the P. would have been entirely done -away.... A resolution so worded as to acquit the P. of all evil -intention, but at the same time silently censuring his error, was passed -by a majority of 33." (Letter of Jefferson's son-in-law, enclosed by -Jefferson to Madison; _Works_: Ford, viii, footnote to 198.) - -[396] Journal, H.D. (Nov. 21, 1795), 29. - -[397] _Ib._ - -[398] Journal, H.D. (Nov. 21, 1795), 29. - -[399] Jefferson to Madison, Nov. 26, 1795; _Works_: Ford, viii, 197-98. - -[400] Randall, ii, 36. - -[401] Journal, H.D. (1795), 72. - -[402] Journal, H.D. (1795), 50. - -[403] _Ib._, 53. - -[404] _Ib._, 79. - -[405] _Ib._, 90. - -[406] _Ib._, 91-92. - -[407] Carrington to Washington, Dec. 6, 1795; MS., Lib. Cong. - -[408] Journal, H.D. (Dec. 12, 1795), 91-92. - -[409] Carrington to Washington, Feb. 24, 1796; MS., Lib. Cong. - -[410] Dodd, 39. - -[411] Lee to Washington, July 7, 1796; _Writings_: Sparks, xi, 487. - -[412] Washington to Marshall, July 8, 1796; Washington MSS., Lib. Cong. - -[413] Marshall to Washington, July 11, 1796; _ib._ - -[414] Washington to Marshall, July 15, 1796; Washington's Private Letter -Book; MS., Lib. Cong. - -[415] Washington to Marshall, Oct. 10, 1796; _ib._ - -[416] Marshall to Washington, Oct. 12, 1796; Washington MSS., Lib. Cong. - -[417] Genêt's successor as French Minister to the United States. - -[418] _Interesting State Papers_, 48 _et seq._ - -[419] _Interesting State Papers_, 55. - -[420] For able defense of Randolph see Conway, chap. xxiii; but -_contra_, see Gibbs, i, chap. ix. - -[421] Patterson of New Jersey, Johnson of Maryland, C. C. Pinckney of -South Carolina, Patrick Henry of Virginia, and Rufus King of New York. -(Washington to Hamilton, Oct. 29, 1795; _Writings_: Ford, xiii, 129-30.) -King declined because of the abuse heaped upon public officers. -(Hamilton to Washington, Nov. 5, 1795; _ib._, footnote to 130.) - -[422] Washington to Hamilton, Oct. 29, 1795; _Writings_: Ford, xiii, -131. - -[423] For debate see _Annals_, 4th Cong., 1st Sess., 423-1291. - -[424] Carrington to Washington, May 9, 1796; MS., Lib. Cong. - -[425] Oliver Wolcott to his father, Feb. 12, 1791; Gibbs, i, 62. - -[426] Hamilton to King, June 20, 1795; _Works_: Lodge, x, 103. - -[427] Washington to Knox, Sept. 20, 1795; _Writings_: Ford, xiii, -105-06. - -[428] Carrington to the President, April 22, 1796; _Writings_: Ford, -xiii, footnote to 185. - -[429] Washington to Carrington, May 1, 1796; _ib._, 185. - -[430] _Ib._, 186. - -[431] Story, in Dillon, iii, 352. - -[432] Senator Stephen Thompson Mason wrote privately to Tazewell that -the Fairfax purchasers and British merchants were the only friends of -the treaty in Virginia. (Anderson, 42.) - -[433] Alexander Campbell. (See _infra_, chap. V.) - -[434] Randolph to Madison, Richmond, April 25, 1796; Conway, 362. Only -freeholders could vote. - -[435] Marshall to Hamilton, April 25, 1796; _Works_: Hamilton, vi, 109. - -[436] Author unknown. - -[437] _Richmond and Manchester Advertiser_, April 27, 1796. - -[438] Carrington to the President, April 27, 1796; MS., Lib. Cong. - -[439] Marshall to King, April 25, 1796; King, ii, 45-46. - -[440] Washington to Thomas Pinckney, May 22, 1796; _Writings_: Ford, -xiii, 208. - -[441] Robert Morris to James M. Marshall, May 1, 1796; Morris's Private -Letter Book; MS., Lib. Cong. - -[442] Story, in Dillon, iii, 350. - -[443] Marshall to King, April 19, 1796; Hamilton MSS., Lib. Cong. -Hamilton, it seems, had also asked Marshall to make overtures to Patrick -Henry for the Presidency. (King, ii, footnote to 46.) But no -correspondence between Hamilton and Marshall upon this subject has been -discovered. Marshall's correspondence about Henry was with King. - -[444] Marshall to King, May 24, 1796; King, ii, 48. - -[445] For an accurate description of the unparalleled abuse of -Washington, see McMaster, ii, 249-50, 289-91, 302-06. - -[446] Marshall, ii, 391-92. Also see Washington to Pickering, March 3, -1797; _Writings_: Ford, xiii, 378-80; and to Gordon, Oct. 15; _ib._, -427. - -[447] Journal, H.D. (1796), 46-47; MS. Archives, Va. St. Lib. - -[448] Journal, H.D. (1796), 153; MS. Archives, Va. St. Lib. - -[449]_ Ib._ - -[450] _Ib._ This amendment is historically important for another reason. -It is the first time that the Virginia Legislature refers to that -Commonwealth as a "State" in contra-distinction to the country. Although -the Journal shows that this important motion was passed, the manuscript -draft of the resolution signed by the presiding officer of both Houses -does not show the change. (MS. Archives, Va. St. Lib.) - -[451] Story, in Dillon, iii, 355. Marshall's account was inaccurate, as -we have seen. His memory was confused as to the vote in the two contests -(_supra_), a very natural thing after the lapse of twenty years. In the -first contest the House of Delegates voted overwhelmingly against -including the word "wisdom" in the resolutions; and on the Senate -amendment restored it by a dangerously small majority. On the second -contest in 1796, when Marshall declares that Washington's friends won -"by a very small majority," they were actually defeated. - -[452] Journal, H. D., 153-90. - -[453] _Aurora_, Monday, March 5, 1797. This paper, expressing Republican -hatred of Washington, had long been assailing him. For instance, on -October 24, 1795, a correspondent, in the course of a scandalous attack -upon the President, said: "The consecrated ermine of Presidential -chastity seems too foul for time itself to bleach." (See Cobbett, i, -411; and _ib._, 444, where the _Aurora_ is represented as having said -that "Washington has the ostentation of an eastern bashaw.") From August -to September the _Aurora_ had accused Washington of peculation. (See -"Calm Observer" in _Aurora_, Oct. 23 to Nov. 5, 1795.) - -[454] Henry to his daughter, Aug. 20, 1796; Henry, ii, 569-70. Henry was -now an enemy of Jefferson and his dislike was heartily reciprocated. - -[455] Washington to Jefferson, July 6, 1796; _Writings_: Ford, xiii, -230-31. This letter is in answer to a letter from Jefferson denying -responsibility for the publication of a Cabinet paper in the _Aurora_. -(Jefferson to Washington, June 19, 1796; _Works_: Ford, viii, 245; and -see Marshall, ii, 390-91.) Even in Congress Washington did not escape. -In the debate over the last address of the National Legislature to the -President, Giles of Virginia declared that Washington had been "neither -wise nor firm." He did not think "so much of the President." He "wished -him to retire ... the government of the United States could go on very -well without him." (_Annals_, 4th Cong., 2d Sess. (Dec. 14, 1796), -1614-18.) On the three roll-calls and passage of the address Giles voted -against Washington. (_Ib._, 1666-68.) So did Andrew Jackson, a new -member from Tennessee. (_Ib._) - -The unpopularity of Washington's Administration led to the hostile -policy of Bache's paper, largely as a matter of business. This provident -editor became fiercely "Republican" because, as he explained to his -relative, Temple Franklin, in England, he "could not [otherwise] -maintain his family," and "he had determined to adopt a bold experiment -and to come out openly against the Administration. He thought the public -temper would bear it." (Marshall to Pickering, Feb. 28, 1811, relating -the statement of Temple Franklin to James M. Marshall while in England -in 1793.) - - - - -CHAPTER V - -THE MAN AND THE LAWYER - - Tall, meagre, emaciated, his muscles relaxed, his joints loosely - connected, his head small, his complexion swarthy, his countenance - expressing great good humor and hilarity. (William Wirt.) - - Mr. Marshall can hardly be regarded as a learned lawyer. (Gustavus - Schmidt.) - - His head is one of the best organized of any I have known. (Rufus - King.) - - -On a pleasant summer morning when the cherries were ripe, a tall, -ungainly man in early middle life sauntered along a Richmond street. His -long legs were encased in knee breeches, stockings, and shoes of the -period; and about his gaunt, bony frame hung a roundabout or short linen -jacket. Plainly, he had paid little attention to his attire. He was -bareheaded and his unkempt hair was tied behind in a queue. He carried -his hat under his arm, and it was full of cherries which the owner was -eating as he sauntered idly along.[456] Mr. Epps's hotel (The Eagle) -faced the street along which this negligently appareled person was -making his leisurely way. He greeted the landlord as he approached, -cracked a joke in passing, and rambled on in his unhurried walk. - -At the inn was an old gentleman from the country who had come to -Richmond where a lawsuit, to which he was a party, was to be tried. The -venerable litigant had a hundred dollars to pay to the lawyer who should -conduct the case, a very large fee for those days. Who was the best -lawyer in Richmond, asked he of his host? "The man who just passed us, -John Marshall by name," said the tavern-keeper. But the countryman would -have none of Marshall. His appearance did not fill the old man's idea of -a practitioner before the courts. He wanted, for his hundred dollars, a -lawyer who looked like a lawyer. He would go to the court-room itself -and there ask for further recommendation. But again he was told by the -clerk of the court to retain Marshall, who, meanwhile, had ambled into -the court-room. - -But no! This searcher for a legal champion would use his own judgment. -Soon a venerable, dignified person, solemn of face, with black coat and -powdered wig, entered the room. At once the planter retained him. The -client remained in the court-room, it appears, to listen to the lawyers -in the other cases that were ahead of his own. Thus he heard the pompous -advocate whom he had chosen; and then, in astonishment, listened to -Marshall. - -The attorney of impressive appearance turned out to be so inferior to -the eccentric-looking advocate that the planter went to Marshall, -frankly told him the circumstances, and apologized. Explaining that he -had but five dollars left, the troubled old farmer asked Marshall -whether he would conduct his case for that amount. With a kindly jest -about the power of a black coat and a powdered wig, Marshall -good-naturedly accepted.[457] - -This not too highly colored story is justified by all reports of -Marshall that have come down to us. It is some such picture that we must -keep before us as we follow this astonishing man in the henceforth easy -and giant, albeit accidental, strides of his great career. John -Marshall, after he had become the leading lawyer of Virginia, and, -indeed, throughout his life, was the simple, unaffected man whom the -tale describes. Perhaps consciousness of his own strength contributed to -his disregard of personal appearance and contempt for studied manners. -For Marshall knew that he carried heavier guns than other men. "No one," -says Story, who knew him long and intimately, "ever possessed a more -entire sense of his own extraordinary talents ... than he."[458] - -Marshall's most careful contemporary observer, William Wirt, tells us -that Marshall was "in his person, tall, meagre, emaciated; his muscles -relaxed and his joints so loosely connected, as not only to disqualify -him, apparently, for any vigorous exertion of body, but to destroy -everything like elegance and harmony in his air and movements. - -"Indeed, in his whole appearance, and demeanour; dress, attitudes, -gesture; sitting, standing, or walking; he is as far removed from the -idolized graces of lord Chesterfield, as any other gentleman on earth. - -"To continue the portrait; his head and face are small in proportion to -his height; his complexion swarthy; the muscles of his face being -relaxed; ... his countenance has a faithful expression of great good -humour and hilarity; while his black eyes--that unerring index--possess -an irradiating spirit which proclaims the imperial powers of the mind -that sits enthroned within.... - -"His voice is dry, and hard; his attitude, in his most effective -orations, often extremely awkward; as it was not unusual for him to -stand with his left foot in advance, while all his gesture proceeded -from his right arm, and consisted merely in a vehement, perpendicular -swing of it from about the elevation of his head to the bar, behind -which he was accustomed to stand."[459] - -During all the years of clamorous happenings, from the great Virginia -Convention of 1788 down to the beginning of Adams's Administration and -in the midst of his own active part in the strenuous politics of the -time, Marshall practiced his profession, although intermittently. -However, during the critical three weeks of plot and plan, debate and -oratory in the famous month of June, 1788, he managed to do some "law -business": while Virginia's Constitutional Convention was in session, he -received twenty fees, most of them of one and two pounds and the largest -from "Col^o. W. Miles Cary 6.4." He drew a deed for his fellow member of -the Convention, James Madison, while the Convention was in session, for -which he charged his colleague one pound and four shillings. - -But there was no time for card-playing during this notable month and no -whist or backgammon entries appear in Marshall's Account Book. Earlier -in the year we find such social expenses as "Card table 5.10 Cards 8/ -paper 2/-6" and "expenses and loss at billiards at dif^t times 3" -(pounds). In September, 1788, occurs the first entry for professional -literature, "Law books 20/-1"; but a more important book purchase was -that of "Mazai's book sur les etats unis[460] 18" (shillings), an entry -which shows that some of Marshall's family could read French.[461] - -Marshall's law practice during this pivotal year was fairly profitable. -He thus sums up his earnings and outlay, "Rec^d. in the year 1788 -1169.05; and expended in year 1788, 515-13-7" which left Marshall more -than 653 pounds or about $1960 Virginia currency clear profit for the -year.[462] - -The following year (1789) he did a little better, his net profit being a -trifle over seven hundred pounds, or about $2130 Virginia currency. In -1790 he earned a few shillings more than 1427 pounds and had about $2400 -Virginia currency remaining, after paying all expenses. In 1791 he did -not do so well, yet he cleared over $2200 Virginia currency. In 1792 his -earnings fell off a good deal, yet he earned more than he expended, over -402 pounds (a little more than $1200 Virginia currency). - -In 1793 Marshall was slightly more successful, but his expenses also -increased, and he ended this year with a trifle less than 400 pounds -clear profit. He makes no summary in 1794, but his Account Book shows -that he no more than held his own. This business barometer does not -register beyond the end of 1795,[463] and there is no further evidence -than the general understanding current in Richmond as to the amount of -his earnings after this date. La Rochefoucauld reported in 1797 that -"Mr. Marshall does not, from his practice, derive above four or five -thousand dollars per annum and not even that sum every year."[464] We -may take this as a trustworthy estimate of Marshall's income; for the -noble French traveler and student was thorough in his inquiries and took -great pains to verify his statements. - -In 1789 Marshall bought the tract of land amounting to an entire city -"square" of two acres,[465] on which, four years later, he built the -comfortable brick residence where he lived, while in Richmond, during -the remainder of his life. This house still stands (1916) and is in -excellent repair. It contains nine rooms, most of them commodious, and -one of them of generous dimensions where Marshall gave the "lawyer -dinners" which, later, became so celebrated. This structure was one of a -number of the important houses of Richmond.[466] Near by were the -residences of Colonel Edward Carrington, Daniel Call, an excellent -lawyer, and George Fisher, a wealthy merchant; these men had married the -three sisters of Marshall's wife. The house of Jacquelin Ambler was also -one of this cluster of dwellings. So that Marshall was in daily -association with four men to whom he was related by marriage, a not -negligible circumstance; for every one of them was a strong and -successful man, and all of them were, like Marshall, pronounced -Federalists. Their views and tastes were the same, they mutually aided -and supported one another; and Marshall was, of course, the favorite of -this unusual family group. - -In the same locality lived the Leighs, Wickhams, Ronalds, and others, -who, with those just mentioned, formed the intellectual and social -aristocracy of the little city.[467] Richmond grew rapidly during the -first two decades that Marshall lived there. From the village of a few -hundred people abiding in small wooden houses, in 1783, the Capital -became, in 1795, a vigorous town of six thousand inhabitants, dwelling -mostly in attractive brick residences.[468] This architectural -transformation was occasioned by a fire which, in 1787, destroyed most -of the buildings in Richmond.[469] Business kept pace with the growth of -the city, wealth gradually and healthfully accumulated, and the comforts -of life appeared. Marshall steadily wove his activities into those of -the developing Virginia metropolis and his prosperity increased in -moderate and normal fashion. - -[Illustration: JOHN MARSHALL'S HOUSE, RICHMOND] - -[Illustration: THE LARGE ROOM WHERE THE FAMOUS "LAWYERS' DINNERS" WERE -GIVEN] - -In his personal business affairs Marshall showed a childlike faith in -human nature which sometimes worked to his disadvantage. For instance, -in 1790 he bought a considerable tract of land in Buckingham County, -which was heavily encumbered by a deed of trust to secure "a debt of -a former owner" of the land to Caron de Beaumarchais.[470] Marshall -knew of this mortgage "at the time of the purchase, but he felt no -concern ... because" the seller verbally "promised to pay the debt and -relieve the land from the incumbrance." - -So he made the payments through a series of years, in spite of the fact -that Beaumarchais's mortgage remained unsatisfied, that Marshall urged -its discharge, and, finally, that disputes concerning it arose. Perhaps -the fact that he was the attorney of the Frenchman in important -litigation quieted apprehension. Beaumarchais having died, his agent, -unable to collect the debt, was about to sell the land under the trust -deed, unless Marshall would pay the obligation it secured. Thus, -thirteen years after this improvident transaction, Marshall was forced -to take the absurd tangle into a court of equity.[471] - -But he was as careful of matters entrusted to him by others as this land -transaction would suggest that he was negligent of his own affairs. -Especially was he in demand, it would seem, when an enterprise was to be -launched which required public confidence for its success. For instance, -the subscribers to a fire insurance company appointed him on the -committee to examine the proposed plan of business and to petition the -Legislature for a charter,[472] which was granted under the name of the -"Mutual Assurance Society of Virginia."[473] Thus Marshall was a founder -of one of the oldest American fire insurance companies.[474] Again, when -in 1792 the "Bank of Virginia," a State institution, was organized,[475] -Marshall was named as one of the committee to receive and approve -subscriptions for stock.[476] - -No man could have been more watchful than was Marshall of the welfare of -members of his family. At one of the most troubled moments of his life, -when greatly distressed by combined business and political -complications,[477] he notes a love affair of his sister and, unasked, -carefully reviews the eligibility of her suitor. Writing to his brother -James on business and politics, he says:-- - -"I understand that my sister Jane, while here [Richmond], was addressed -by Major Taylor and that his addresses were encouraged by her. I am not -by any means certain of the fact nor did I suspect it until we had -separated the night preceding her departure and consequently I could -have no conversation with her concerning it. - -"I believe that tho' Major Taylor was attach'd to her, it would probably -have had no serious result if Jane had not manifested some partiality -for him. This affair embarrasses me a good deal. Major Taylor is a young -gentleman of talents and integrity for whom I profess and feel a real -friendship. There is no person with whom I should be better pleased if -there were not other considerations which ought not to be overlook'd. -Mr. Taylor possesses but little if any fortune, he is encumbered with a -family, and does not like his profession. Of course he will be as -eminent in his profession as his talents entitle him to be. These are -facts unknown to my sister but which ought to be known to her. - -"Had I conjectured that Mr. Taylor was contemplated in the character of -a lover I shou'd certainly have made to her all proper communications. I -regret that it was concealed from me. I have a sincere and real -affection and esteem for Major Taylor but I think it right in affairs of -this sort that the real situation of the parties should be mutually -understood. Present me affectionately to my sister."[478] - -From the beginning of his residence in Richmond, Marshall had been an -active member of the Masonic Order. He had become a Free Mason while in -the Revolutionary army,[479] which abounded in camp lodges. It was due -to his efforts as City Recorder of Richmond that a lottery was -successfully conducted to raise funds for the building of a Masonic hall -in the State Capital in 1785.[480] The following year Marshall was -appointed Deputy Grand Master. In 1792 he presided over the Grand Lodge -as Grand Master _pro tempore_; and the next year he was chosen as the -head of the order in Virginia. He was reëlected as Grand Master in 1794; -and presided over the meetings of the Grand Lodge held during 1793 until -1795 inclusive. During the latter year the Masonic hall in Manchester -was begun and he assisted in the ceremonies attending the laying of the -corner-stone, which bore this inscription: "This stone was laid by the -Worshipful Archibald Campbell, Master of the Manchester Lodge of free & -accepted Masons Assisted by & in the presence of the Most Worshipful -John Marshall Grand Master of Masons to Virginia."[481] - -Upon the expiration of his second term in this office, the Grand Lodge -"Resolved, that the Grand Lodge are truly sensible of the great -attention of our late Grand Master, John Marshall, to the duties of -Masonry, and that they entertain an high sense of the wisdom displayed -by him in the discharge of the duties of his office; and as a token of -their entire approbation of his conduct do direct the Grand Treasurer to -procure and present him with an elegant Past Master's jewel."[482] - -From 1790 until his election to Congress, nine years later,[483] -Marshall argued one hundred and thirteen cases decided by the Court of -Appeals of Virginia. Notwithstanding his almost continuous political -activity, he appeared, during this time, in practically every important -cause heard and determined by the supreme tribunal of the State. -Whenever there was more than one attorney for the client who retained -Marshall, the latter almost invariably was reserved to make the closing -argument. His absorbing mind took in everything said or suggested by -counsel who preceded him; and his logic easily marshaled the strongest -arguments to support his position and crushed or threw aside as -unimportant those advanced against him. - -Marshall preferred to close rather than open an argument. He wished to -hear all that other counsel might have to say before he spoke himself; -for, as has appeared, he was but slightly equipped with legal -learning[484] and he informed himself from the knowledge displayed by -his adversaries. Even after he had become Chief Justice of the Supreme -Court of the United States and throughout his long and epochal occupancy -of that high place, Marshall showed this same peculiarity which was so -prominent in his practice at the bar. - -Every contemporary student of Marshall's method and equipment notes the -meagerness of his learning in the law. "Everyone has heard of the -gigantick abilities of John Marshall; as a most able and profound -reasoner he deserves all the praise which has been lavished upon him," -writes Francis Walker Gilmer, in his keen and brilliant contemporary -analysis of Marshall. "His mind is not very richly stored with -knowledge," he continues, "but it is so creative, so well organized by -nature, or disciplined by early education, and constant habits of -systematick thinking, that he embraces every subject with the clearness -and facility of one prepared by previous study to comprehend and explain -it."[485] - -Gustavus Schmidt, who was a competent critic of legal attainments and -whose study of Marshall as a lawyer was painstaking and thorough, bears -witness to Marshall's scanty acquirements. "Mr. Marshall," says Schmidt, -"can hardly be regarded as a learned lawyer.... His acquaintance with -the Roman jurisprudence as well as with the laws of foreign countries -was not very extensive. He was what is called a common law lawyer in the -best & noblest acceptation of that term." - -Mr. Schmidt attempts to excuse Marshall's want of those legal weapons -which knowledge of the books supply. - -"He was educated for the bar," writes Schmidt, "at a period when -digests, abridgments & all the numerous facilities, which now smooth -the path of the law student were almost unknown & when you often sought -in vain in the Reporters which usually wore the imposing form of folios, -even for an index of the decisions & when marginal notes of the points -determined in a case was a luxury not to be either looked for or -expected. - -"At this period when the principles of the Common Law had to be studied -in the black-letter pages of Coke upon Littleton, a work equally -remarkable for quaintness of expression, profundity of research and the -absence of all method in the arrangements of its very valuable -materials; when the rules of pleading had to be looked for in Chief -Justice Saunders's Reports, while the doctrinal parts of the -jurisprudence, based almost exclusively on the precedents had to be -sought after in the reports of Dyer, Plowden, Coke, Popham ... it -was ... no easy task to become an able lawyer & it required no common -share of industry and perseverance to amass sufficient knowledge of the -law to make even a decent appearance in the forum."[486] - -It would not be strange, therefore, if Marshall did cite very few -authorities in the scores of cases argued by him. But it seems certain -that he would not have relied upon the "learning of the law" in any -event; for at a later period, when precedents were more abundant and -accessible, he still ignored them. Even in these early years other -counsel exhibited the results of much research; but not so Marshall. In -most of his arguments, as reported in volumes one, two, and four of -Call's Virginia Reports and in volumes one and two of Washington's -Virginia Reports,[487] he depended on no authority whatever. Frequently -when the arguments of his associates and of opposing counsel show that -they had explored the whole field of legal learning on the subject in -hand, Marshall referred to no precedent.[488] The strongest feature of -his argument was his statement of the case. - -The multitude of cases which Marshall argued before the General Court of -Appeals and before the High Court of Chancery at Richmond covered every -possible subject of litigation at that time. He lost almost as -frequently as he won. Out of one hundred and twenty-one cases reported, -Marshall was on the winning side sixty-two times and on the losing side -fifty times. In two cases he was partly successful and partly -unsuccessful, and in seven it is impossible to tell from the reports -what the outcome was. - -Once Marshall appeared for clients whose cause was so weak that the -court decided against him on his own argument, refusing to hear opposing -counsel.[489] He was extremely frank and honest with the court, and on -one occasion went so far as to say that the opposing counsel was in the -right and himself in the wrong.[490] "My own opinion," he admitted to -the court in this case, "is that the law is correctly stated by Mr. -Ronald [the opposing counsel], but the point has been otherwise -determined in the General Court." Marshall, of course, lost.[491] - -Nearly all the cases in which Marshall was engaged concerned property -rights. Only three or four of the controversies in which he took part -involved criminal law. A considerable part of the litigation in which he -was employed was intricate and involved; and in this class of cases his -lucid and orderly mind made him the intellectual master of the -contending lawyers. Marshall's ability to extract from the confusion of -the most involved question its vital elements and to state those -elements in simple terms was helpful to the court, and frankly -appreciated by the judges. - -Few letters of Marshall to his fellow lawyers written during this period -are extant. Most of these are very brief and confined strictly to the -particular cases which he had been retained by his associate attorneys -throughout Virginia to conduct before the Court of Appeals. -Occasionally, however, his humor breaks forth. - -"I cannot appear for Donaghoe," writes Marshall to a country member of -the bar who lived in the Valley over the mountains. "I do not decline -his business from any objection to his _bank_. To that I should like -very well to have free access & wou'd certainly discount _from_ it as -largely as he wou'd permit, but I am already fixed by Rankin & as those -who are once in the bank do not I am told readily get out again I -despair of being ever able to touch the guineas of Donaghoe. - -"Shall we never see you again in Richmond? I was very much rejoiced when -I heard that you were happily married but if that amounts to a ne exeat -which is to confine you entirely to your side of the mountain, I shall -be selfish enough to regret your good fortune & almost wish you had -found some little crooked rib among the fish and oysters which would -once a year drag you into this part of our terraqueous globe. - -"You have forgotten I believe the solemn compact we made to take a -journey to Philadelphia together this winter and superintend for a while -the proceedings of Congress."[492] - -Again, writing to Stuart concerning a libel suit, Marshall says: -"Whether the truth of the libel may be justified or not is a perfectly -unsettled question. If in that respect the law here varies from the law -of England it must be because such is the will of their Honors for I -know of no legislative act to vary it. It will however be right to -appeal was it only to secure a compromise."[493] - -Marshall's sociableness and love of play made him the leader of the -Barbecue Club, consisting of thirty of the most agreeable of the -prominent men in Richmond. Membership in this club was eagerly sought -and difficult to secure, two negatives being sufficient to reject a -candidate. Meetings were held each Saturday, in pleasant weather, at -"the springs" on the farm of Mr. Buchanan, the Episcopal clergyman. -There a generous meal was served and games played, quoits being the -favorite sport. One such occasion of which there is a trustworthy -account shows the humor, the wit, and the good-fellowship of Marshall. - -He welcomed the invited guests, Messrs. Blair and Buchanan, the famous -"Two Parsons" of Richmond, and then announced that a fine of a basket of -champagne, imposed on two members for talking politics at a previous -meeting of the club, had been paid and that the wine was at hand. It was -drunk from tumblers and the Presbyterian minister joked about the danger -of those who "drank from tumblers _on_ the table becoming tumblers -_under_ the table." Marshall challenged "Parson" Blair to a game of -quoits, each selecting four partners. His quoits were big, rough, heavy -iron affairs that nobody else could throw, those of the other players -being smaller and of polished brass. Marshall rang the meg and Blair -threw his quoit directly over that of his opponent. Loud were the cries -of applause and a great controversy arose as to which player had won. -The decision was left to the club with the understanding that when the -question was determined they should "crack another bottle of champagne." - -Marshall argued his own case with great solemnity and elaboration. The -one first ringing the meg must be deemed the winner, unless his -adversary knocked off the first quoit and put his own in its place. -This required perfection, which Blair did not possess. Blair claimed to -have won by being on top of Marshall; but suppose he tried to reach -heaven "by riding on my back," asked Marshall. "I fear that from my many -backslidings and deficiencies, he may be badly disappointed." Blair's -method was like playing leap frog, said he. And did anybody play -backgammon in that way? Also there was the ancient legal maxim, "_Cujus -est solum, ejus est usque ad coelum_": being "the first occupant his -right extended from the ground up to the vault of heaven and no one had -a right to become a squatter on his back." If Blair had any claim "he -must obtain a writ of ejectment or drive him [Marshall] from his -position vi et armis." Marshall then cited the boys' game of marbles -and, by analogy, proved that he had won and should be given the verdict -of the club. - -Wickham argued at length that the judgment of the club should be that -"where two adversary quoits are on the same meg, neither is victorious." -Marshall's quoit was so big and heavy that no ordinary quoit could move -it and "no rule requires an impossibility." As to Marshall's insinuation -that Blair was trying to reach "Elysium by mounting on his back," it was -plain to the club that such was not the parson's intention, but that he -meant only to get a more elevated view of earthly things. Also Blair, by -"riding on that pinnacle," will be apt to arrive in time at the upper -round of the ladder of fame. The legal maxim cited by Marshall was -really against his claim, since the ground belonged to Mr. Buchanan and -Marshall was as much of a "squatter" as Blair was. "The first squatter -was no better than the second." And why did Marshall talk of ejecting -him by force of arms? Everybody knew that "parsons are men of peace and -do not vanquish their antagonists _vi et armis_. We do not deserve to -prolong this riding on Mr. Marshall's back; he is too much of a -_Rosinante_ to make the ride agreeable." The club declined to consider -seriously Marshall's comparison of the manly game of quoits with the -boys' game of marbles, for had not one of the clergymen present preached -a sermon on "marvel not"? There was no analogy to quoits in Marshall's -citation of leap frog nor of backgammon; and Wickham closed, amid the -cheers of the club, by pointing out the difference between quoits and -leap frog. - -The club voted with impressive gravity, taking care to make the vote as -even as possible and finally determined that the disputed throw was a -draw. The game was resumed and Marshall won.[494] - -Such were Marshall's diversions when an attorney at Richmond. His -"lawyer dinners" at his house,[495] his card playing at Farmicola's -tavern, his quoit-throwing and pleasant foolery at the Barbecue Club, -and other similar amusements which served to take his mind from the -grave problems on which, at other times, it was constantly working, were -continued, as we shall see, and with increasing zest, after he became -the world's leading jurist-statesman of his time. But neither as lawyer -nor judge did these wholesome frivolities interfere with his serious -work. - -Marshall's first case of nation-wide interest, in which his argument -gave him fame among lawyers throughout the country, was the historic -controversy over the British debts. When Congress enacted the Judiciary -Law of 1789 and the National Courts were established, British creditors -at once began action to recover their long overdue debts. During the -Revolution, other States as well as Virginia had passed laws -confiscating the debts which their citizens owed British subjects and -sequestering British property. - -Under these laws, debtors could cancel their obligations in several -ways. The Treaty of Peace between the United States and Great Britain -provided, among other things, that "It is agreed that creditors on -either side shall meet with no legal impediments to the recovery of the -full value in sterling money of all bona fide debts heretofore -contracted." The Constitution provided that "All treaties made, or which -shall be made, under the authority of the United States, shall be the -supreme law of the land; and the judges in every State shall be bound -thereby, anything in the Constitution or laws of any State to the -contrary notwithstanding,"[496] and that "The judicial power shall -extend to all cases in law and equity arising under this Constitution, -the laws of the United States, and treaties made, or which shall be -made, under their authority; to all cases ... between a State, or the -citizens thereof, and foreign States citizens, or subjects."[497] - -Thus the case of Ware, Administrator, _vs._ Hylton ET AL., which -involved the validity of a State law in conflict with a treaty, -attracted the attention of the whole country when finally it reached the -Supreme Court. The question in that celebrated controversy was whether a -State law, suspending the collection of a debt due to a subject of Great -Britain, was valid as against the treaty which provided that no "legal -impediment" should prevent the recovery of the obligation. - -Ware _vs._ Hylton was a test case; and its decision involved immense -sums of money. Large numbers of creditors who had sought to cancel their -debts under the confiscation laws were vitally interested. Marshall, in -this case, made the notable argument that carried his reputation as a -lawyer beyond Virginia and won for him the admiration of the ablest men -at the bar, regardless of their opinion of the merits of the -controversy. - -It is an example of "the irony of fate" that in this historic legal -contest Marshall supported the theory which he had opposed throughout -his public career thus far, and to demolish which his entire after life -was given. More remarkable still, his efforts for his clients were -opposed to his own interests; for, had he succeeded for those who -employed him, he would have wrecked the only considerable business -transaction in which he ever engaged.[498] He was employed by the -debtors to uphold those laws of Virginia which sequestered British -property and prevented the collection of the British debts; and he put -forth all his power in this behalf. - -Three such cases were pending in Virginia; and these were heard twice by -the National Court in Richmond as a consolidated cause, the real issue -being the same in all. The second hearing was during the May Term of -1793 before Chief Justice Jay, Justice Iredell of the Supreme Court, and -Judge Griffin of the United States District Court. The attorneys for the -British creditors were William Ronald, John Baker, John Stark, and John -Wickham. For the defendants were Alexander Campbell, James Innes, -Patrick Henry, and John Marshall. Thus we see Marshall, when thirty-six -years of age, after ten years of practice at the Richmond bar, -interrupted as those years were by politics and legislative activities, -one of the group of lawyers who, for power, brilliancy, and learning, -were unsurpassed in America. - -The argument at the Richmond hearing was a brilliant display of -eloquence, reasoning, and erudition, and, among lawyers, its repute has -reached even to the present day. Counsel on both sides exerted every -ounce of their strength. When Patrick Henry had finished his appeal, -Justice Iredell was so overcome that he cried, "Gracious God! He is an -orator indeed!"[499] The Countess of Huntingdon, who was then in -Richmond and heard the arguments of all the attorneys, declared: "If -every one had spoken in Westminster Hall, they would have been honored -with a peerage."[500] - -In his formal opinion, Justice Iredell thus expressed his admiration: -"The cause has been spoken to, at the bar, with a degree of ability -equal to any occasion.... I shall as long as I live, remember with -pleasure and respect the arguments which I have heard on this case: they -have discovered an ingenuity, a depth of investigation, and a power of -reasoning fully equal to anything I have ever witnessed.... Fatigue has -given way under its influence; the heart has been warmed, while the -understanding has been instructed."[501] - -Marshall's argument before the District Court of Richmond must have -impressed his debtor clients more than that of any other of their -distinguished counsel, with the single exception of Alexander Campbell; -for when, on appeal to the Supreme Court of the United States, the case -came on for hearing in 1796, we find that only Marshall and Campbell -appeared for the debtors. - -It is unfortunate that Marshall's argument before the Supreme Court at -Philadelphia is very poorly reported. But inadequate as the report is, -it still reveals the peculiar clearness and the compact and simple -reasoning which made up the whole of Marshall's method, whether in legal -arguments, political speeches, diplomatic letters, or judicial opinions. - -Marshall argued that the Virginia law barred the recovery of the debts -regardless of the treaty. "It has been conceded," said he, "that -independent nations have, in general, the right to confiscation; and -that Virginia, at the time of passing her law, was an independent -nation." A State engaged in war has the powers of war, "and confiscation -is one of those powers, weakening the party against whom it is employed -and strengthening the party that employs it." Nations have equal powers; -and, from July 4, 1776, America was as independent a nation as Great -Britain. What would have happened if Great Britain had been victorious? -"Sequestration, confiscation, and proscription would have followed in -the train of that event," asserted Marshall. - -Why, then, he asked, "should the confiscation of British property be -deemed less just in the event of an American triumph?" Property and its -disposition is not a natural right, but the "creature of civil society, -and subject in all respects to the disposition and control of civil -institutions." Even if "an individual has not the power of extinguishing -his debts," still "the community to which he belongs ... may ... upon -principles of public policy, prevent his creditors from recovering -them." The ownership and control of property "is the offspring of the -social state; not the incident of a state of nature. But the Revolution -did not reduce the inhabitants of America to a state of nature; and if -it did, the plaintiff's claim would be at an end." Virginia was within -her rights when she confiscated these debts. - -As an independent nation Virginia could do as she liked, declared -Marshall. Legally, then, at the time of the Treaty of Peace in 1783, -"the defendant owed nothing to the plaintiff." Did the treaty revive -the debt thus extinguished? No: For the treaty provides "that creditors -on either side shall meet with no lawful impediment to the recovery" of -their debts. Who are the creditors? "There cannot be a creditor where -there is not a debt; and the British debts were extinguished by the act -of confiscation," which was entirely legal. - -Plainly, then, argued Marshall, the treaty "must be construed with -reference to those creditors" whose debts had not been extinguished by -the sequestration laws. There were cases of such debts and it was to -these only that the treaty applied. The Virginia law must have been -known to the commissioners who made the treaty; and it was unthinkable -that they should attempt to repeal those laws in the treaty without -using plain words to that effect. - -Such is an outline of Marshall's argument, as inaccurately and -defectively reported.[502] - -Cold and dry as it appears in the reporter's notes, Marshall's address -to the Supreme Court made a tremendous impression on all who heard it. -When he left the court-room, he was followed by admiring crowds. The -ablest public men at the Capital were watching Marshall narrowly and -these particularly were captivated by his argument. "His head is one of -the best organized of any one that I have known," writes the keenly -observant King, a year later, in giving to Pinckney his estimate of -Marshall. "This I say from general Reputation, and more satisfactorily -from an Argument that I heard him deliver before the fed'l Court at -Philadelphia."[503] King's judgment of Marshall's intellectual strength -was that generally held. - -Marshall's speech had a more enduring effect on those who listened to it -than any other address he ever made, excepting that on the Jonathan -Robins case.[504] Twenty-four years afterwards William Wirt, then at the -summit of his brilliant career, advising Francis Gilmer upon the art of -oratory, recalled Marshall's argument in the British Debts case as an -example for Gilmer to follow. Wirt thus contrasts Marshall's method with -that of Campbell on the same occasion:-- - -"Campbell played off all his Apollonian airs; but they were lost. -Marshall spoke, as he always does, to the judgment merely and for the -simple purpose of convincing. Marshall was justly pronounced one of the -greatest men of the country; he was followed by crowds, looked upon, and -courted with every evidence of admiration and respect for the great -powers of his mind. Campbell was neglected and slighted, and came home -in disgust. - -"Marshall's maxim seems always to have been, 'aim exclusively _at -Strength_:' and from his eminent success, I say, if I had my life to go -over again, I would practice on his maxim with the most rigorous -severity, until the character of my mind was established."[505] - -[Illustration] - -In another letter to Gilmer, Wirt again urges his son-in-law to imitate -Marshall's style. In his early career Wirt had suffered in his own -arguments from too much adornment which detracted from the real solidity -and careful learning of his efforts at the bar. And when, finally, in -his old age he had, through his own mistakes, learned the value of -simplicity in statement and clear logic in argument, he counseled young -Gilmer accordingly. - -"In your arguments at the bar," he writes, "_let argument strongly -predominate_. Sacrifice your flowers.... Avoid as you would the gates of -death, the reputation for floridity.... Imitate ... Marshall's simple -process of reasoning."[506] - -Following the advice of his distinguished brother-in-law, Gilmer studied -Marshall with the hungry zeal of ambitious youth. Thus it is that to -Francis Gilmer we owe what is perhaps the truest analysis, made by a -personal observer, of Marshall's method as advocate and orator. - -"So perfect is his analysis," records Gilmer, "that he extracts the -whole matter, the kernel of the inquiry, unbroken, undivided, clean and -entire. In this process, such is the instinctive neatness and precision -of his mind that no superfluous thought, or even word, ever presents -itself and still he says everything that seems appropriate to the -subject. - -"This perfect exemption from any unnecessary encumbrance of matter or -ornament, is in some degree the effect of an aversion for the labour of -thinking. So great a mind, perhaps, like large bodies in the physical -world, is with difficulty set in motion. That this is the case with Mr. -Marshall's is manifest, from his mode of entering on an argument both in -conversation and in publick debate. - -"It is difficult to rouse his faculties; he begins with reluctance, -hesitation, and vacancy of eye; presently his articulation becomes less -broken, his eye more fixed, until finally, his voice is full, clear, and -rapid, his manner bold, and his whole face lighted up, with the mingled -fires of genius and passion; and he pours forth the unbroken stream of -eloquence, in a current deep, majestick, smooth, and strong. - -"He reminds one of some great bird, which flounders and flounces on the -earth for a while before it acquires the impetus to sustain its soaring -flight. - -"The characteristick of his eloquence is an irresistible cogency, and a -luminous simplicity in the order of his reasoning. His arguments are -remarkable for their separate and independent strength, and for the -solid, compact, impenetrable order in which they are arrayed. - -"He certainly possesses in an eminent degree the power which had been -ascribed to him, of mastering the most complicated subjects with -facility, and when moving with his full momentum, even without the -appearance of resistance." - -Comparing Marshall and Randolph, Gilmer says:-- - -"The powers of these two gentlemen are strikingly contrasted by nature. -In Mr. Marshall's speeches, all is reasoning; in Mr. Randolph's -everything is declamation. The former scarcely uses a figure; the latter -hardly an abstraction. One is awkward; the other graceful. - -"One is indifferent as to his words, and slovenly in his pronunciation; -the other adapts his phrases to the sense with poetick felicity; his -voice to the sound with musical exactness. - -"There is no breach in the train of Mr. Marshall's thoughts; little -connection between Mr. Randolph's. Each has his separate excellence, but -either is far from being a finished orator."[507] - -Another invaluable first-hand analysis of Marshall's style and manner of -argument is that of William Wirt, himself, in the vivacious descriptions -of "The British Spy":-- - -"He possesses one original, and, almost supernatural faculty, the -faculty of developing a subject by a single glance of his mind, and -detecting at once, the very point on which every controversy depends. No -matter what the question; though ten times more knotty than 'the gnarled -oak,' the lightning of heaven is not more rapid nor more resistless, -than his astonishing penetration. - -"Nor does the exercise of it seem to cost him an effort. On the -contrary, it is as easy as vision. I am persuaded that his eye does not -fly over a landscape and take in its various objects with more -promptitude and facility, than his mind embraces and analyses the most -complex subject. - -"Possessing while at the bar this intellectual elevation, which enabled -him to look down and comprehend the whole ground at once, he determined -immediately and without difficulty, on which side the question might be -most advantageously approached and assailed. - -"In a bad cause his art consisted in laying his premises so remotely -from the point directly in debate, or else in terms so general and so -spacious, that the hearer, seeing no consequence which could be drawn -from them, was just as willing to admit them as not; but his premises -once admitted, the demonstration, however distant, followed as -certainly, as cogently, as inevitably, as any demonstration in -Euclid."[508] - -Marshall's supremacy, now unchallenged, at the Virginia bar was noted by -foreign observers. La Rochefoucauld testifies to this in his exhaustive -volumes of travel:-- - -"Mr. J. Marshall, conspicuously eminent as a professor of the law, is -beyond all doubt one of those who rank highest in the public opinion at -Richmond. He is what is termed a federalist, and perhaps somewhat warm -in support of his opinions, but never exceeding the bounds of propriety, -which a man of his goodness and prudence and knowledge is incapable of -transgressing. - -"He may be considered as a distinguished character in the United States. -His political enemies allow him to possess great talents but accuse him -of ambition. I know not whether the charge be well or ill grounded, or -whether that ambition might ever be able to impel him to a dereliction -of his principles--a conduct of which I am inclined to disbelieve the -possibility on his part. - -"He has already refused several employments under the general -government, preferring the income derived from his professional labours -(which is more than sufficient for his moderate system of economy), -together with a life of tranquil ease in the midst of his family and in -his native town. - -"Even by his friends he is taxed with some little propensity to -indolence; but even if this reproach were well founded, he nevertheless -displays great superiority in his profession when he applies his mind to -business."[509] - -When Jefferson foresaw Marshall's permanent transfer to public life he -advised James Monroe to practice law in Richmond because "the business -is very profitable;[510] ... and an opening of great importance must be -made by the retirement of Marshall."[511] - -Marshall's solid and brilliant performance in the British Debts case -before the Supreme Court at Philadelphia did much more than advance him -in his profession. It also focused upon him the keen scrutiny of the -politicians and statesmen who at that time were in attendance upon -Congress in the Quaker City. Particularly did the strength and -personality of the Virginia advocate impress the Federalist leaders. - -These vigilant men had learned of Marshall's daring championship of the -Jay Treaty in hostile Virginia. And although in the case of Ware _vs._ -Hylton, Marshall was doing his utmost as a lawyer before the Supreme -Court to defeat the collection of the British debts, yet his courageous -advocacy of the Jay Treaty outweighed, in their judgment, his -professional labors in behalf of the clients who had employed him. - -The Federalist leaders were in sore need of Southern support; and when -Marshall was in Philadelphia on the British Debts case, they were prompt -and unsparing in their efforts to bind this strong and able man to them -by personal ties. Marshall himself unwittingly testifies to this. "I -then [during this professional visit to Philadelphia] became -acquainted," he relates, "with Mr. Cabot, Mr. Ames, Mr. Dexter, and Mr. -Sedgwick of Massachusetts, Mr. Wadsworth of Connecticut, and Mr. King of -New York. I was delighted with these gentlemen. The particular subject -(the British Treaty) which introduced me to their notice was at that -time so interesting, and a Virginian who supported, with any sort of -reputation, the measures of the government, was such a _rara avis_, -that I was received by them all with a degree of kindness which I had -not anticipated. I was particularly intimate with Mr. Ames, and could -scarcely gain credit with him when I assured him that the appropriations -[to effectuate the treaty] would be seriously opposed in Congress."[512] - -As we shall presently see, Marshall became associated with Robert Morris -in the one great business undertaking of the former's life. Early in -this transaction when, for Marshall, the skies were still clear of -financial clouds, he appears to have made a small purchase of bank stock -and ventured modestly into the commercial field. "I have received your -letter of 18 ulto," Morris writes Marshall, "& am negotiating for Bank -Stock to answer your demand."[513] - -And again: "I did not succeed in the purchase of the Bank Stock -mentioned in my letter of the 3^d Ulto to you and as M^r Richard tells -me in his letter of the 4 Inst that you want the money for the Stock, -you may if you please draw upon me for $7000 giving me as much time in -the sight as you can, and I will most certainly pay your drafts as they -become due. The Brokers shall fix the price of the Stock at the market -price at the time I pay the money & I will then state the Am^t including -Dividends & remit you the Balance but if you prefer having the Stock I -will buy it on receiving your Answer to this, cost what it may."[514] - -Soon afterward, Morris sent Marshall the promised shares of stock, -apparently to enable him to return shares to some person in Richmond -from whom he had borrowed them. - -"You will receive herewith enclosed the Certificates for four shares of -Bank Stock of the United States placed in your name to enable you to -return the four shares to the Gentlemen of whom you borrowed them, this -I thought better than remitting the money lest some difficulty should -arise about price of shares. Two other shares in the name of M^r Geo -Pickett is also enclosed herewith and I will go on buying and remitting -others untill the number of Ten are completed for him which shall be -done before the time limited in your letter of the 12^h Ins^t The -dividends shall also be remitted speedily."[515] - -Again Washington desired Marshall to fill an important public office, -this time a place on the joint commission, provided for in the Jay -Treaty, to settle the British claims. These, as we have seen, had been -for many years a source of grave trouble between the two countries. -Their satisfactory adjustment would mean, not only the final settlement -of this serious controversy, but the removal of an ever-present cause of -war.[516] But since Marshall had refused appointment to three offices -tendered him by Washington, the President did not now communicate with -him directly, but inquired of Charles Lee, Attorney-General of Virginia, -whether Marshall might be prevailed upon to accept this weighty and -delicate business. - -"I have very little doubt," replied Lee, "that Mr. John Marshall would -not act as a Commissioner under the Treaty with Great Britain, for -deciding on the claims of creditors. I have been long acquainted with -his private affairs, and I think it almost impossible for him to -undertake that office. If he would, I know not any objection that -subsists against him. - -"First, he is not a debtor.[517] Secondly, he cannot be benefitted or -injured by any decision of the Commissioners. Thirdly, his being -employed as counsel, in suits of that kind, furnishes no reasonable -objection; nor do I know of any opinions that he has published, or -professes, that might, with a view of impartiality, make him liable to -be objected to. - -"Mr. Marshall is at the head of his profession in Virginia, enjoying -every convenience and comfort; in the midst of his friends and the -relations of his wife at Richmond; in a practice of his profession that -annually produces about five thousand dollars on an average; with a -young and increasing family; and under a degree of necessity to continue -his profession, for the purpose of complying with contracts not yet -performed."[518] - -The "contracts" which Marshall had to fulfill concerned the one -important financial adventure of his life. It was this, and not, as some -suppose, the condition of his invalid wife, to which Marshall vaguely -referred in his letter to Washington declining appointment as -Attorney-General and as Minister to France. - -The two decades following the establishment of the National Government -under the Constitution were years of enormous land speculation. Hardly a -prominent man of the period failed to secure large tracts of real -estate, which could be had at absurdly low prices, and to hold the lands -for the natural advance which increasing population would bring. The -greatest of these investors was Robert Morris, the financier of the -Revolution, the second richest man of the time,[519] and the leading -business man of the country. - -[Illustration] - -John Marshall had long been the attorney in Virginia for Robert Morris, -who frequently visited that State, sometimes taking his family with him. -In all probability, it was upon some such journey that James M. -Marshall, the brother of John Marshall, met and became engaged to Hester -Morris, daughter of the great speculator, whom he married on April 19, -1795.[520] James M. Marshall--nine years younger than his -brother--possessed ability almost equal to John Marshall and wider and -more varied accomplishments.[521] - -It is likely that the Pennsylvania financier, before the marriage, -suggested to the Marshall brothers the purchase of what remained of the -Fairfax estate in the Northern Neck, embracing over one hundred and -sixty thousand acres of the best land in Virginia.[522] At any rate, -sometime during 1793 or 1794 John Marshall, his brother, James M. -Marshall, his brother-in-law, Rawleigh Colston, and General Henry Lee -contracted for the purchase of this valuable holding.[523] In January of -that year James M. Marshall sailed for England to close the -bargain.[524] The money to buy the Fairfax lands was to be advanced by -Robert Morris, who, partly for this purpose, sent James M. Marshall to -Europe to negotiate[525] loans, immediately after his marriage to Hester -Morris. - -At Amsterdam "some Capitalists proposed to supply on very hard terms a -Sum more than Sufficient to pay Mr. Fairfax," writes Morris, and James -M. Marshall "has my authority to apply the first Monies he receives on -my acco^t to that Payment."[526] By the end of 1796 Morris's -over-speculations had gravely impaired his fortune. The old financier -writes pathetically to James M. Marshall: "I am struggling hard, very -hard, indeed to regain my Position." He tells his son-in-law that if a -loan cannot be obtained on his other real estate he "expects these -Washington Lotts will be the most certain of any Property to raise -Money on"; and that "[I] will have a number of them Placed under your -Controul."[527] - -The loan failed, for the time being, but, writes Morris to John -Marshall, "Mr. Hottenguer[528] who first put the thing in motion says it -will come on again" and succeed; "if so, your brother will, of course, -be ready for Mr. Fairfax." Morris is trying, he says, to raise money -from other sources lest that should fail. "I am here distressed -exceedingly in money matters," continues the harried and aging -speculator "as indeed every body here are but I will immediately make -such exertions as are in my power to place funds with your brother and I -cannot but hope that his and my exertions will produce the needful in -proper time to prevent mischief."[529] - -A month later Morris again writes John Marshall that he is "extremely -anxious & fearing that it [the Amsterdam loan] may fall through I am -trying to obtain a loan here for the purposes of your Brother in London. -This," says the now desperate financier, "is extremely difficult, for -those who have money or credit in Europe seem to dread every thing that -is American." He assures John Marshall that he will do his utmost. "My -anxiety ... [to make good the Fairfax purchase] is beyond what I can -express." Alexander Baring "could supply the money ... but he parries -me. He intends soon for the Southward I will introduce him to you."[530] - -The title to the Fairfax estate had been the subject of controversy for -many years. Conflicting grants, overlapping boundaries, sequestration -laws, the two treaties with Great Britain, were some of the elements -that produced confusion and uncertainty in the public mind and -especially in the minds of those holding lands within the grant. The -only real and threatening clouds upon the title to the lands purchased -by the Marshall syndicate, however, were the confiscatory laws passed -during the Revolution[531] which the Treaty of Peace and the Jay Treaty -nullified.[532] There were also questions growing out of grants made by -the colonial authorities between 1730 and 1736, but these were not -weighty. - -The case of Hunter _vs._ Fairfax, Devisee, involving these questions, -was pending in the Supreme Court of the United States. John Marshall -went to Philadelphia and tried to get the cause advanced and decided. -He was sadly disappointed at his failure and so wrote his brother. "Your -Brother has been here," writes Morris to his son-in-law, "as you will -see by a letter from him forwarded by this conveyance. He could not get -your case brought forward in the Supreme Court of the U. S. at which he -was much dissatisfied & I am much concerned thereat, fearing that real -disadvantage will result to your concern thereby."[533] - -The case came on for hearing in regular course during the fall term. -Hunter, on the death of his attorney, Alexander Campbell, prayed the -Court, by letter, for a continuance, which was granted over the protest -of the Fairfax attorneys of record, Lee and Ingersoll of Philadelphia, -who argued that "from the nature of the cause, delay would be worse for -the defendant in error [the Fairfax heir] than a decision adverse to his -claim." The Attorney-General stated that the issue before the Court was -"whether ... the defendant in error being an alien can take and hold the -lands by devise. And it will be contended that his title is completely -protected by the treaty of peace." Mr. Justice Chase remarked: "I -recollect that ... a decision in favor of such a devisee's title was -given by a court in Maryland. It is a matter, however, of great moment -and ought to be deliberately and finally settled."[534] The Marshalls, -of course, stood in the shoes of the Fairfax devisee; had the Supreme -Court decided against the Fairfax title, their contract of purchase -would have been nullified and, while they would not have secured the -estate, they would have been relieved of the Fairfax indebtedness. It -was, then, a very grave matter to the Marshalls, in common with all -others deriving their titles from Fairfax, that the question be settled -quickly and permanently. - -A year or two before this purchase by the Marshalls of what remained of -the Fairfax estate, more than two hundred settlers, occupying other -parts of it, petitioned the Legislature of Virginia to quiet their -titles.[535] Acting on these petitions and influenced, perhaps, by the -controversy over the sequestration laws which the Marshall purchase -renewed, the Legislature in 1796 passed a resolution proposing to -compromise the dispute by the State's relinquishing "all claim to any -lands specifically appropriated by ... Lord Fairfax to his own use -either by deed or actual survey ... if the devises of Lord Fairfax, or -those claiming under them, will relinquish all claims to lands ... which -were waste and unappropriated at the time of the death of Lord -Fairfax."[536] - -Acting for the purchasing syndicate, John Marshall, in a letter to the -Speaker of the House, accepted this legislative offer of settlement upon -the condition that "an act passes during this session confirming ... the -title of those claiming under Mr. Fairfax the lands specifically -appropriated and reserved by the late Thomas Lord Fairfax or his -ancestors for his or their use."[537] - -When advised of what everybody then supposed to be the definitive -settlement of this vexed controversy, Robert Morris wrote John Marshall -that "altho' you were obliged to give up a part of your claim yet it was -probably better to do that than to hold a contest with such an opponent -[State of Virginia]. I will give notice to M^r. Ja^s. Marshall of this -compromise."[538] John Marshall, now sure of the title, and more anxious -than ever to consummate the deal by paying the Fairfax heir, hastened to -Philadelphia to see Morris about the money. - -"Your Brother John Marshall Esq^r. is now in this City," writes Robert -Morris to his son-in-law, "and his principal business I believe is to -see how you are provided with Money to pay Lord Fairfax.... I am so -sensible of the necessity there is for your being prepared for Lord -Fairfax's payment that there is nothing within my power that I would not -do to enable you to meet it."[539] - -The members of the Marshall syndicate pressed their Philadelphia backer -unremittingly, it appears, for a few days later he answers what seems to -have been a petulant letter from Colston assuring that partner in the -Fairfax transaction that he is doing his utmost to "raise the money to -enable Mr. James Marshall to meet the Payments for your Purchase at -least so far as it is incumbent on me to supply the means.... From the -time named by John Marshall Esq^{re} when here, I feel perfect -Confidence, because I will furnish him before that period with such -Resources & aid as I think cannot fail."[540] - -[Illustration: PAGE OF JAMES MARSHALL'S ACCOUNT WITH ROBERT MORRIS -SHOWING PAYMENT OF £7700 TO FAIRFAX (_Facsimile_)] - -Finally Marshall's brother negotiated the loan, an achievement which -Morris found "very pleasing, as it enables you to take the first steps -with Lord Fairfax for securing your bargain."[541] Nearly forty thousand -dollars of this loan was thus applied. In his book of accounts with -Morris, James M. Marshall enters: "Jany 25 '97 To £7700 paid the Rev^d. -Denny Fairfax and credited in your [Morris's] account with me 7700" -(English pounds sterling).[542] The total amount which the Marshalls -had agreed to pay for the remnant of the Fairfax estate was "fourteen -thousand pounds British money."[543] When Robert Morris became bankrupt, -payment of the remainder of the Fairfax indebtedness fell on the -shoulders of Marshall and his brother. - -This financial burden caused Marshall to break his rule of declining -office and to accept appointment as one of our envoys to France at the -time of Robert Morris's failure and imprisonment for debt; for from that -public employment of less than one year, Marshall, as we shall see, -received in the sorely needed cash, over and above his expenses, three -times the amount of his annual earnings at the bar.[544] "Mr. John -Marshall has said here," relates Jefferson after Marshall's return, -"that had he not been appointed minister [envoy] to France, he was -desperate in his affairs and must have sold his estate [the Fairfax -purchase] & that immediately. That that appointment was the greatest -God-send that could ever have befallen a man."[545] Jefferson adds: "I -have this from J. Brown and S. T. Mason [Senator Mason]."[546] - -So it was that Marshall accepted a place on the mission to France[547] -when it was offered to him by Adams, who "by a miracle," as Hamilton -said, had been elected President.[548] - - -FOOTNOTES: - -[456] _Southern Literary Messenger_, 1836, ii, 181-91; also see Howe, -266. - -[457] _Southern Literary Messenger_, ii, 181-91; also Howe, 266. -Apparently the older lawyer had been paid the one hundred dollars, for -prepayment was customary in Virginia at the time. (See La Rochefoucauld, -iii, 76.) This tale, fairly well authenticated, is so characteristic of -Marshall that it is important. It visualizes the man as he really was. -(See Jefferson's reference, in his letter to Madison, to Marshall's -"lax, lounging manners," _supra_, 139.) - -[458] Story, in Dillon, iii, 363. - -[459] Wirt: _The British Spy_, 110-12. - -[460] Mazzei's _Recherches sur les États-Unis_, published in this year -(1788) in four volumes. - -[461] Marshall himself could not read French at this time. (See _infra_, -chap. VI.) - -[462] In this chapter of Marshall's receipts and expenditures all items -are from his Account Book, described in vol. I, chap. V, of this work. - -[463] Marshall's third child, Mary, was born Sept. 17, of this year. - -[464] La Rochefoucauld, iii, 75-76. - -[465] Records, Henrico County, Virginia, Deed Book, iii, 74. - -[466] In 1911 the City Council of Richmond presented this house to the -Association for the Preservation of Virginia Antiquities, which now owns -and occupies it. - -[467] Mordecai, 63-70; and _ib._, chap. vii. - -[468] La Rochefoucauld, iii, 63. Negroes made up one third of the -population. - -[469] _Ib._, 64; also Christian, 30. - -[470] This celebrated French playwright and adventurer is soon to appear -again at a dramatic moment of Marshall's life. (See _infra_, chaps. VI -to VIII.) - -[471] Marshall's bill in equity in the "High Court of Chancery sitting -in Richmond," January 1, 1803; Chamberlin MSS., Boston Public Library. -Marshall, then Chief Justice, personally drew this bill. After the -Fairfax transaction, he seems to have left to his brother and partner, -James M. Marshall, the practical handling of his business affairs. - -[472] Memorial of William F. Ast and others; MS. Archives, Va. St. Lib. - -[473] Christian, 46. - -[474] This company is still doing business in Richmond. - -[475] Christian, 46. - -[476] The enterprise appears not to have filled the public with -investing enthusiasm and no subscriptions to it were received. - -[477] See _infra_, chap. X. - -[478] Marshall to James M. Marshall, April 3, 1799; MS. This was the -only one of Marshall's sisters then unmarried. She was twenty years of -age at this time and married Major George Keith Taylor within a few -months. He was a man of unusual ability and high character and became -very successful in his profession. In 1801 he was appointed by President -Adams, United States Judge for a Virginia district. (See _infra_, chap. -XII.) The union of Mr. Taylor and Jane Marshall turned out to be very -happy indeed. (Paxton, 77.) - -Compare this letter of Marshall with that of Washington to his niece, in -which he gives extensive advice on the subject of love and marriage. -(Washington to Eleanor Parke Custis, Jan. 16, 1795; _Writings_: Ford, -xiii, 29-32.) - -[479] Marshall to Everett, July 22, 1833. - -[480] Christian, 28. - -[481] _Richmond and Manchester Advertiser_, Sept. 24, 1795. - -[482] _Proceedings_ of the M. W. Grand Lodge of Ancient York Masons of -the State of Virginia, from 1778 to 1822, by John Dove, i, 144; see also -121, 139. - -[483] See _infra_, chap. X. - -[484] See vol. I, chap. V, of this work. - -[485] Gilmer, 23-24. - -[486] Gustavus Schmidt, in _Louisiana Law Journal_ (1841), 81-82. - -[487] For a list of cases argued by Marshall and reported in Call and -Washington, with title of case, date, volume, and page, see Appendix I. - -[488] A good illustration of a brilliant display of legal learning by -associate and opposing counsel, and Marshall's distaste for authorities -when he could do without them, is the curious and interesting case of -Coleman _vs._ Dick and Pat, decided in 1793, and reported in 1 -Washington, 233. Wickham for appellant and Campbell for appellee cited -ancient laws and treaties as far back as 1662. Marshall cited no -authority whatever. - -[489] See Stevens _vs._ Taliaferro, Adm'r, 1 Washington, 155, Spring -Term, 1793. - -[490] Johnson _vs._ Bourn, 1 Washington, 187, Spring Term, 1793. - -[491] _Ib._ - -[492] Marshall to Archibald Stuart, March 27, 1794; MS., Va. Hist. Soc. - -[493] _Ib._, May 28, 1794. - -[494] Munford, 326-38. - -[495] See vol. III of this work. - -[496] Constitution of the United States, article vi. - -[497] _Ib._, article iii, section 2. - -[498] The Fairfax deal; see _infra_, 203 _et seq._ - -[499] Henry, ii, 475. - -[500] Howe, 221-22. - -[501] 3 Dallas, 256-57, and footnote. In his opinion Justice Iredell -decided for the debtors. When the Supreme Court of the United States, of -which he was a member, reversed him in Philadelphia, the following year, -Justice Iredell, pursuant to a practice then existing, and on the advice -of his brother justices, placed his original opinion on record along -with those of Justices Chase, Paterson, Wilson, and Cushing, each of -whom delivered separate opinions in favor of the British creditors. - -[502] For Marshall's argument in the British Debts case before the -Supreme Court, see 3 Dallas, 199-285. - -[503] King to Pinckney, Oct. 17, 1797; King, ii, 234-35. King refers to -the British Debts case, the only one in which Marshall had made an -argument before the Supreme Court up to this time. - -[504] See _infra_, chap. XI. - -[505] Kennedy, ii, 76. Mr. Wirt remembered the argument well; but -twenty-four years having elapsed, he had forgotten the case in which it -was made. He says that it was the Carriage Tax case and that Hamilton -was one of the attorneys. But it was the British Debts case and -Hamilton's name does not appear in the records. - -[506] Kennedy, ii, 66. Francis W. Gilmer was then the most brilliant -young lawyer in Virginia. His health became too frail for the hard work -of the law; and his early death was universally mourned as the going out -of the brightest light among the young men of the Old Dominion. - -[507] Gilmer, 23-24. - -[508] Wirt: _The British Spy_, 112-13. - -[509] La Rochefoucauld, iii, 120. Doubtless La Rochefoucauld would have -arrived at the above conclusion in any event, since his estimate of -Marshall is borne out by every contemporary observer; but it is worthy -of note that the Frenchman while in Richmond spent much of his time in -Marshall's company. (_Ib._, 119.) - -[510] _Ib._, 75. "The profession of a lawyer is ... one of the most -profitable.... In Virginia the lawyers usually take care to insist on -payment before they proceed in a suit; and this custom is justified by -the general disposition of the inhabitants to pay as little and as -seldom as possible." - -[511] Jefferson to Monroe, Feb. 8, 1798; _Works_: Ford, viii, 365. -Marshall was in France at the time. (See _infra_, chaps. VI to VIII -inclusive.) - -[512] Story, in Dillon, iii, 354. Ware _vs._ Hylton was argued Feb. 6, -8, 9, 10, 11, and 12. The fight against the bill to carry out the Jay -Treaty did not begin in the National House of Representatives until -March 7, 1796. - -[513] Morris to Marshall, May 3, 1796; Morris's Private Letter Book; -MS., Lib. Cong. The stock referred to in this correspondence is probably -that of the Bank of the United States. - -[514] Morris to Marshall, June 16, 1796; Morris's Private Letter Book; -MS., Lib. Cong. - -[515] Morris to Marshall, Aug. 24, 1796; _ib._ - -[516] The commission failed and war was narrowly averted by the payment -of a lump sum to Great Britain. It is one of the curious turns of -history that Marshall, as Secretary of State, made the proposition that -finally concluded the matter and that Jefferson consummated the -transaction. (See _infra_, chap. XII.) - -[517] Lee means a debtor under the commission. Marshall was a debtor to -Fairfax. (See _infra_.) - -[518] Lee to Washington, March 20, 1796; _Cor. Rev._: Sparks, iv, -481-82. - -[519] William Bingham of Philadelphia was reputed to be "the richest man -of his time." (Watson: _Annals of Philadelphia_ i. 414.) Chastellux -estimates Morris's wealth at the close of the Revolution at 8,000,000 -francs. (Chastellux, 107.) He increased his fortune many fold from the -close of the war to 1796. - -The operations of Robert Morris in land were almost without limit. For -instance, one of the smaller items of his purchases was 199,480 acres in -Burke County, North Carolina. (Robert Morris to James M. Marshall, Sept. -24, 1795; Morris's Private Letter Book; MS., Lib. Cong.) - -Another example of Morris's scattered and detached deals was his -purchase of a million acres "lying on the western counties of -Virginia ... purchased of William Cary Nicholas.... I do not consider -one shilling sterling as one fourth the real value of the lands.... If, -therefore," writes Morris to James M. Marshall, "a little over £5000 -Stg. could be made on this security it would be better than selling -especially at 12^d. per acre." (Robert Morris to James M. Marshall, Oct. -10, 1795; _ib._) - -Morris owned at one time or another nearly all of the western half of -New York State. (See Oberholtzer, 301 _et seq._) "You knew of Mr. Robert -Morris's purchase ... of one million, three hundred thousand acres of -land of the State of Massachusetts, at five pence per acre. It is said -he has sold one million two hundred thousand acres of these in Europe." -(Jefferson to Washington, March 27, 1791; _Cor. Rev._: Sparks, iv, 365.) - -Patrick Henry acquired considerable holdings which helped to make him, -toward the end of his life, a wealthy man. Washington, who had a keen -eye for land values, became the owner of immense quantities of real -estate. In 1788 he already possessed two hundred thousand acres. (De -Warville, 243.) - -[520] Oberholtzer, 266 _et seq._ Hester Morris, at the time of her -marriage to John Marshall's brother, was the second greatest heiress in -America. - -[521] Grigsby, i, footnote to 150. - -[522] Deed of Lieutenant-General Phillip Martin (the Fairfax heir who -made the final conveyance) to Rawleigh Colston, John Marshall, and James -M. Marshall; Records at Large, Fauquier County (Virginia) Circuit Court, -200 _et seq._ At the time of the contract of purchase, however, the -Fairfax estate was supposed to be very much larger than the quantity of -land conveyed in this deed. It was considerably reduced before the -Marshalls finally secured the title. - -[523] Lee is mentioned in all contemporary references to this -transaction as one of the Marshall syndicate, but his name does not -appear in the Morris correspondence nor in the deed of the Fairfax heir -to the Marshall brothers and Colston. - -[524] J^s. Marshall to ---- [Edmund Randolph] Jan. 21, 1794; MS. -Archives Department of State. Marshall speaks of dispatches which he is -carrying to Pinckney, then American Minister to Great Britain. This -letter is incorrectly indexed in the Archives as from John Marshall. It -is signed "J^s. Marshall" and is in the handwriting of James M. -Marshall. John Marshall was in Richmond all this year, as his Account -Book shows. - -[525] Morris to John Marshall, Nov. 21, 1795; and Aug. 24, 1796; -Morris's Private Letter Book; MS., Lib. Cong. - -[526] Morris to Colston, Nov. 11, 1796; _ib._ - -[527] Robert Morris to James M. Marshall, Dec. 3, 1796; Morris's Private -Letter Book; MS., Lib. Cong. By the expression "Washington Lotts" Morris -refers to his immense real estate speculations on the site of the -proposed National Capital. Morris bought more lots in the newly laid out -"Federal City" than all other purchasers put together. Seven thousand -two hundred and thirty-four lots stood in his name when the site of -Washington was still a primeval forest. (Oberholtzer, 308-12.) Some of -these he afterwards transferred to the Marshall brothers, undoubtedly to -make good his engagement to furnish the money for the Fairfax deal, -which his failure prevented him from advancing entirely in cash. (For -account of Morris's real estate transactions in Washington see La -Rochefoucauld, iii, 622-26.) - -[528] This Hottenguer soon appears again in John Marshall's life as one -of Talleyrand's agents who made the corrupt proposals to Marshall, -Pinckney, and Gerry, the American Commissioners to France in the famous -X.Y.Z. transaction of 1797-98. (See _infra_, chaps. VI to VIII.) - -[529] Robert Morris to John Marshall, Dec. 30, 1796; Morris's Private -Letter Book; MS., Lib. Cong. - -[530] Morris to John Marshall, Jan. 23, 1797; Morris's Private Letter -Book; MS., Lib. Cong. - -[531] Hening, ix, chap. ix, 377 _et seq._; also _ib._, x, chap. xiv, 66 -_et seq._; xi, chap. xliv, 75-76; xi, chap. xlv, 176 _et seq._; xi, -chap. xlvii, 81 _et seq._; xi, chap. xxx, 349 _et seq._ - -[532] Such effect of these treaties was not yet conceded, however. - -[533] Morris to James M. Marshall, March 4, 1796; Morris's Private -Letter Book; MS., Lib. Cong. - -[534] Hunter _vs._ Fairfax, Devisee, 3 Dallas, 303, and footnote. - -[535] Originals in Archives of Virginia State Library. Most of the -petitions were by Germans, many of their signatures being in German -script. They set forth their sufferings and hardships, their good faith, -loss of papers, death of witnesses, etc. - -[536] Laws of Virginia, Revised Code (1819), i, 352. - -[537] Laws of Virginia, Revised Code (1819), i, 352. Marshall's letter -accepting the proposal of compromise is as follows:-- - - "RICHMOND, November 24th, 1796. - - "SIR, being one of the purchasers of the lands of Mr. Fairfax, and - authorized to act for them all, I have considered the resolution of - the General Assembly on the petitions of sundry inhabitants of the - counties of Hampshire, Hardy, and Shenandoah, and have determined - to accede to the proposition it contains. - - "So soon as the conveyance shall be transmitted to me from Mr. - Fairfax, deeds extinguishing his title to the waste and unappropriated - lands in the Northern Neck shall be executed, provided an act passes - during this session, confirming, on the execution of such deeds, the - title of those claiming under Mr. Fairfax the lands specifically - appropriated and reserved by the late Thomas Lord Fairfax, or his - ancestors, for his or their use. - - "I remain Sir, with much respect and esteem, - - "Your obedient servant, JOHN MARSHALL. - - "The Honorable, the Speaker of the House of Delegates." - -(Laws of Virginia.) - -[538] Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter -Book; MS., Lib. Cong. - -[539] Morris to James M. Marshall, Feb. 10, 1797; Morris's Private -Letter Book; MS., Lib. Cong. Morris adds that "I mortgaged to Col^o. -Hamilton 100,000 acres of Genesee Lands to secure payment of $75,000 to -Mr. Church in five years. This land is worth at this moment in Cash two -Dollars pr Acre." - -[540] Morris to Colston, Feb. 25, 1797; _ib._ - -[541] Morris to James M. Marshall, April 27, 1797; _ib._ - -[542] MS. The entry was made in Amsterdam and Morris learned of the loan -three months afterwards. - -[543] Records at Large in Clerk's Office of Circuit Court of Fauquier -County, Virginia, 200 _et seq._ The deed was not filed until 1806, at -which time, undoubtedly, the Marshalls made their last payment. - -[544] See _infra_, chap. VIII. It was probably this obligation too, that -induced Marshall, a few years later, to undertake the heavy task of -writing the _Life of Washington_, quite as much as his passionate -devotion to that greatest of Americans. (See vol. III of this work.) - -[545] "Anas," March 21, 1800; _Works_: Ford, i, 355. - -[546] _Ib._ Misleading as Jefferson's "Anas" is, his information in this -matter was indisputably accurate. - -[547] See _infra_, chap. VI. A short time before the place on the French -mission was tendered Marshall, his father in Kentucky resigned the -office of Supervisor of Revenue for the District of Ohio. In his letter -of resignation Thomas Marshall gives a résumé of his experiences as an -official under Washington's Administrations. Since this is one of the -only two existing letters of Marshall's father on political subjects, -and because it may have turned Adams's mind to John Marshall, it is -worthy of reproduction:-- - - SIR, - - Having determined to resign my Commission as Supervisor of the - Revenue for the district of Ohio, on the 30th day of June next, - which terminates the present fiscal year, I have thought it right - to give this timely notice to you as President of the United - States, in whom the nomination and appointment of my successor is - vested; in order that you may in the meantime select some fit - person to fill the office. You will therefore be pleased to - consider me as out of office on the first day of July ensuing. - - It may possibly be a subject of enquiry, why, after holding the - office during the most critical & troublesome times, I should now - resign it, when I am no longer insulted, and abused, for - endeavoring to execute the Laws of my Country--when those Laws - appear to be, more than formerly, respected--and when the - probability is, that in future they may be carried into effect - with but little difficulty? - - In truth this very change, among other considerations, furnishes - a reason for the decision I have made. For having once engaged in - the business of revenue I presently found myself of sufficient - importance with the enemies of the Government here to be made an - object of their particular malevolence--and while this was the - case, I was determined not to be driven from my post. - - At this time, advanced in years and declining in health, I find - myself unfit for the cares, and active duties of the office; and - therefore cheerfully resign a situation, which I at first - accepted and afterwards held, more from an attachment to the - Government, than from any pecuniary consideration, to be filled - by some more active officer, as still more conducive to the - public service. - - To the late President I had the honor of being known, and - combined, with respect and veneration for his public character, - the more social and ardent affections of the man, and of the - friend. - - You Sir I have not the honor to know personally, but you have - filled too many important stations in the service of your - country; & fame has been too busy with your name to permit me to - remain ignorant of your character; for which in all its public - relations permit me to say, I feel the most entire respect and - esteem: Nor is it to me among the smallest motives for my - rejoicing that you are the President; and of my attachment to - your administration to know that you have ever been on terms of - friendship with the late President--that you have approved his - administration,--and that you propose to yourself his conduct as - an example for your imitation. - - On this occasion I may say without vanity that I have formerly - and not infrequently, given ample testimony of my attachment to - Republican Government, to the peace, liberty and happiness of my - country and that it is not now to be supposed that I have changed - my principles--or can esteem those who possess different ones. - - And altho' I am too old [Thomas Marshall was nearly sixty-five - years of age when he wrote this letter] and infirm for active - services, (for which I pray our country may not feel a call) yet - my voice shall ever be excited in opposition to foreign - influence, (from whence the greatest danger seems to threaten, as - well as against internal foes) and in support of a manly, firm, - and independent, exercise of those constitutional rights, which - belong to the President, and Government of the United States. - And, _even opinions_, have their effect. - - I am Sir with the most - JOHN ADAMS, ESQ. entire respect and esteem - President of the Your very humble Servt, - United States. T. MARSHALL. - -(Thomas Marshall to Adams, April 28, 1797; MS., Dept. of State.) - -[548] See _infra_, chaps. XI and XII. - - - - -CHAPTER VI - -ENVOY TO FRANCE - - My dearest life, continue to write to me, as my heart clings with - delight only to what comes from you. (Marshall to his wife.) - - He is a plain man, very sensible and cautious. (Adams.) - - Our poor insulted country has not before it the most flattering - prospects. (Marshall at Antwerp.) - - - "PHILADELPHIA July 2^{nd} 1797. - -"MY DEAREST POLLY - -"I am here after a passage up the bay from Baltimore.... I dined on -saturday in private with the President whom I found a sensible plain -candid good tempered man & was consequently much pleased with him. I am -not certain when I shall sail.... So you ... my dearest life continue to -write to me as your letters will follow me should I be gone before their -arrival & as my heart clings with real pleasure & delight only to what -comes from you. I was on friday evening at the faux hall of -Philadelphia.... The amusements were walking, sitting, punch ice cream -etc Music & conversation.... Thus my dearest Polly do I when not engaged -in the very serious business which employs a large portion of my time -endeavor by a-[muse]ments to preserve a mind at ease & [keep] it from -brooding too much over my much loved & absent wife. By all that is dear -on earth, I entreat you to do the same, for separation will not I trust -be long & letters do everything to draw its sting. I am my dearest life -your affectionate - - "J MARSHALL."[549] - -[Illustration: FIRST PAGE OF A LETTER FROM JOHN MARSHALL TO HIS WIFE -(_Facsimile_)] - -So wrote John Marshall at the first stage of his journey upon that -critical diplomatic mission which was to prove the most dramatic in our -history and which was to be the turning-point in Marshall's life. From -the time when Mary Ambler became his bride in 1783, Marshall had never -been farther away from his Richmond home than Philadelphia, to which -city he had made three flying visits in 1796, one to argue the British -Debts case, the other two to see Robert Morris on the Fairfax deal and -to hasten the decision of the Supreme Court in that controversy. - -But now Marshall was to cross the ocean as one of the American envoys to -"the terrible Republic" whose "power and vengeance" everybody -dreaded.[550] He was to go to that now arrogant Paris whose streets were -resounding with the shouts of French victories. It was the first and the -last trans-Atlantic voyage Marshall ever undertook; and although he was -to sail into a murky horizon to grapple with vast difficulties and -unknown dangers, yet the mind of the home-loving Virginian dwelt more on -his Richmond fireside than on the duties and hazards before him. - -Three days after his arrival at Philadelphia, impressionable as a boy, -he again writes to his wife: "My dearest Polly I have been extremely -chagrined at not having yet received a letter from you. I hope you are -well as I hear nothing indicating the contrary but you know not how -solicitous how anxiously solicitous I am to hear it from yourself. Write -me that you are well & in good spirits & I shall set out on my voyage -with a lightened heart ... you will hear from me more than once before -my departure." - -The Virginia envoy was much courted at Philadelphia before he sailed. "I -dined yesterday," Marshall tells his wife, "in a very large company of -Senators & members of the house of representatives who met to celebrate -the 4th of July. The company was really a most respectable one & I -experienced from them the most flattering attention. I have much reason -to be satisfied & pleased with the manner in which I am received here." -But flattery did not soothe Marshall--"Something is wanting to make me -happy," he tells his "dearest Polly." "Had I my dearest wife with me I -should be delighted indeed."[551] - -Washington had sent letters in Marshall's care to acquaintances in -France commending him to their attention and good offices; and the -retired President wrote Marshall himself a letter of hearty good wishes. -"Receive sir," replies Marshall, "my warm & grateful acknowledgments for -the polite &, allow me to add, friendly wishes which you express -concerning myself as well as for the honor of being mentioned in your -letters."[552] - -A less composed man, totally unpracticed as Marshall was in diplomatic -usages, when embarking on an adventure involving war or peace, would -have occupied himself constantly in preparing for the vast business -before him. Not so Marshall. While waiting for his ship, he indulged -his love of the theater. Again he tells his wife how much he misses her. -"I cannot avoid writing to you because while doing so I seem to myself -to be in some distant degree enjoying your company. I was last night at -the play & saw the celebrated Mrs. Mary in the character of Juliet. She -performs that part to admiration indeed but I really do not think Mrs. -Westig is far her inferior in it. I saw," gossips Marshall, "Mrs. -Heyward there. I have paid that lady one visit to one of the most -delightful & romantic spots on the river Schuylkil.... She expressed -much pleasure to see me & has pressed me very much to repeat my visit. I -hope I shall not have time to do so." - -Marshall is already bored with the social life of Philadelphia. "I am -beyond expression impatient to set out on the embassy," he informs his -wife. "The life I lead here does not suit me I am weary of it I dine out -every day & am now engaged longer I hope than I shall stay. This -dissipated life does not long suit my temper. I like it very well for a -day or two but I begin to require a frugal repast with good cold -water"--There was too much wine, it would seem, at Philadelphia to suit -Marshall. - -"I would give a great deal to dine with you to day on a piece of cold -meat with our boys beside us to see Little Mary running backwards & -forwards over the floor playing the sweet little tricks she [is] full -of.... I wish to Heaven the time which must intervene before I can -repass these delightful scenes was now terminated & that we were looking -back on our separation instead of seeing it before us. Farewell my -dearest Polly. Make yourself happy & you will bless your ever -affectionate - - "J. MARSHALL."[553] - -If Marshall was pleased with Adams, the President was equally impressed -with his Virginia envoy to France. "He [Marshall] is a plain man very -sensible, cautious, guarded, and learned in the law of nations.[554] I -think you will be pleased with him,"[555] Adams writes Gerry, who was to -be Marshall's associate and whose capacity for the task even his -intimate personal friend, the President, already distrusted. Hamilton -was also in Philadelphia at the time[556]--a circumstance which may or -may not have been significant. It was, however, the first time, so far -as definite evidence attests, that these men had met since they had been -comrades and fellow officers in the Revolution. - -The "Aurora," the leading Republican newspaper, was mildly sarcastic -over Marshall's ignorance of the French language and general lack of -equipment for his diplomatic task. "Mr. Marshall, one of our extra -envoys to France, will be eminently qualified for the mission by the -time he reaches that country," says the "Aurora." Some official of great -legal learning was coaching Marshall, it seems, and advised him to read -certain monarchical books on the old France and on the fate of the -ancient republics. - -The "Aurora" asks "whether some history of France since the overthrow of -the Monarchy would not have been more instructive to Mr. Marshall. The -Envoy, however," continues the "Aurora," "approved the choice of his -sagacious friend, but very shrewdly observed 'that he must first -purchase Chambaud's grammar, English and French.' We understand that he -is a very apt scholar, and no doubt, during the passage, he will be able -to acquire enough of the French jargon for all the purposes of the -embassy."[557] - -Having received thirty-five hundred dollars for his expenses,[558] -Marshall set sail on the brig Grace for Amsterdam where Charles -Cotesworth Pinckney, the expelled American Minister to France and head -of the mission, awaited him. As the land faded, Marshall wrote, like any -love-sick youth, another letter to his wife which he sent back by the -pilot. - -"The land is just escaping from my view," writes Marshall to his -"dearest Polly"; "the pilot is about to leave us & I hasten from the -deck into the cabin once more to give myself the sweet indulgence of -writing to you.... There has been so little wind that we are not yet -entirely out of the bay. It is so wide however that the land has the -appearance of a light blue cloud on the surface of the water & we shall -very soon lose it entirely." - -Marshall assures his wife that his "cabin is neat & clean. My berth a -commodious one in which I have my own bed & sheets of which I have a -plenty so that I lodge as conveniently as I could do in any place -whatever & I find I sleep very soundly altho on water." He is careful to -say that he has plenty of creature comforts. "We have for the voyage, -the greatest plenty of salt provisions live stock & poultry & as we lay -in our own liquors I have taken care to provide myself with a plenty of -excellent porter wine & brandy. The Captain is one of the most obliging -men in the world & the vessel is said by every body to be a very fine -one." - -There were passengers, too, who suited Marshall's sociable disposition -and who were "well disposed to make the voyage agreeable.... I have then -my dearest Polly every prospect before me of a passage such as I could -wish in every respect but one ... fear of a lengthy passage. We have met -in the bay several vessels. One from Liverpool had been at sea nine -weeks, & the others from other places had been proportionately long.... -I shall be extremely impatient to hear from you & our dear children." - -Marshall tells his wife how to direct her letters to him, "some ... by -the way of London to the care of Rufus King esquire our Minister there, -some by the way of Amsterdam or the Hague to the care of William Vanns -[_sic_] Murr[a]y esquire our Minister at the Hague & perhaps some -directed to me as Envoy extraordinary of the United States to the French -Republic at Paris. - -"Do not I entreat you omit to write. Some of your letters may miscarry -but some will reach me & my heart can feel till my return no pleasure -comparable to what will be given it by a line from you telling me that -all remains well. Farewell my dearest wife. Your happiness will ever be -the first prayer of your unceasingly affectionate - - "J. MARSHALL."[559] - -So fared forth John Marshall upon the adventure which was to open the -door to that historic career that lay just beyond it; and force him, -against his will and his life's plans, to pass through it. But for this -French mission, it is certain that Marshall's life would have been -devoted to his law practice and his private affairs. He now was sailing -to meet the ablest and most cunning diplomatic mind in the contemporary -world whose talents, however, were as yet known to but few; and to face -the most venal and ruthless governing body of any which then directed -the affairs of the nations of Europe. Unguessed and unexpected by the -kindly, naïve, and inexperienced Richmond lawyer were the scenes about -to unroll before him; and the manner of his meeting the emergencies so -soon to confront him was the passing of the great divide in his destiny. - -Even had the French rulers been perfectly honest and simple men, the -American envoys would have had no easy task. For American-French affairs -were sadly tangled and involved. Gouverneur Morris, our first Minister -to France under the Constitution, had made himself unwelcome to the -French Revolutionists; and to placate the authorities then reigning in -Paris, Washington had recalled Morris and appointed Monroe in his place -"after several attempts had failed to obtain a more eligible -character."[560] - -Monroe, a partisan of the Revolutionists, had begun his mission with -theatrical blunders; and these he continued until his recall,[561] when -he climaxed his imprudent conduct by his attack on Washington.[562] -During most of his mission Monroe was under the influence of Thomas -Paine,[563] who had then become the venomous enemy of Washington. - -Monroe had refused to receive from his fellow Minister to England, John -Jay, "confidential informal statements" as to the British treaty which -Jay prudently had sent him by word of mouth only. When the Jay Treaty -itself arrived, Monroe publicly denounced the treaty as -"shameful,"[564] a grave indiscretion in the diplomatic representative -of the Government that had negotiated the offending compact. - -Finally Monroe was recalled and Washington, after having offered the -French mission to John Marshall, appointed Charles Cotesworth Pinckney -of South Carolina as his successor. The French Revolutionary authorities -had bitterly resented the Jay compact, accused the American Government -of violating its treaty with France, denounced the United States for -ingratitude, and abused it for undue friendship to Great Britain. - -In all this the French Directory had been and still was backed up by the -Republicans in the United States, who, long before this, had become a -distinctly French party. Thomas Paine understated the case when he -described "the Republican party in the United States" as "that party -which is the sincere ally of France."[565] - -The French Republic was showing its resentment by encouraging a -piratical warfare by French privateers upon American commerce. Indeed, -vessels of the French Government joined in these depredations. In this -way, it thought to frighten the United States into taking the armed side -of France against Great Britain. The French Republic was emulating the -recent outrages of that Power; and, except that the French did not -impress Americans into their service, as the British had done, their -Government was furnishing to America the same cause for war that Great -Britain had so brutally afforded. - -In less than a year and a half before Marshall sailed from Philadelphia, -more than three hundred and forty American vessels had been taken by -French privateers.[566] Over fifty-five million dollars' worth of -American property had been destroyed or confiscated under the decrees of -the Directory.[567] American seamen, captured on the high seas, had been -beaten and imprisoned. The officers and crew of a French armed brig -tortured Captain Walker, of the American ship Cincinnatus, four hours by -thumbscrews.[568] - -When Monroe learned that Pinckney had been appointed to succeed him, he -began a course of insinuations to his French friends against his -successor; branded Pinckney as an "aristocrat"; and thus sowed the seeds -for the insulting treatment the latter received upon his appearance at -the French Capital.[569] Upon Pinckney's arrival, the French Directory -refused to receive him, threatened him with arrest by the Paris police, -and finally ordered the new American Minister out of the territory of -the Republic.[570] - -To emphasize this affront, the Directory made a great ado over the -departure of Monroe, who responded with a characteristic address. To -this speech Barras, then President of the Directory, replied in a -harangue insulting to the American Government; it was, indeed, -an open appeal to the American people to repudiate their own -Administration,[571] of the same character as, and no less offensive -than, the verbal performances of Genêt. - -And still the outrages of French privateers on American ships continued -with increasing fury.[572] The news of Pinckney's treatment and the -speech of Barras reached America after Adams's inauguration. The -President promptly called Congress into a special session and delivered -to the National Legislature an address in which Adams appears at his -best. - -The "refusal [by the Directory] ... to receive him [Pinckney] until we -had acceded to their demands without discussion and without -investigation, is to treat us neither as allies nor as friends, nor as a -sovereign state," said the President; who continued:-- - -"The speech of the President [Barras] discloses sentiments more alarming -than the refusal of a minister [Pinckney], because more dangerous to our -independence and union.... - -"It evinces a disposition to separate the people of the United States -from the government, to persuade them that they have different -affections, principles and interests from those of their fellow citizens -whom they themselves have chosen to manage their common concerns and -thus to produce divisions fatal to our peace. - -"Such attempts ought to be repelled with a decision which shall convince -France and the world that we are not a degraded people, humiliated under -a colonial spirit of fear and sense of inferiority, fitted to be the -miserable instruments of foreign influence, and regardless of national -honor, character, and interest. - -"I should have been happy to have thrown a veil over these transactions -if it had been possible to conceal them; but they have passed on the -great theatre of the world, in the face of all Europe and America, and -with such circumstances of publicity and solemnity that they cannot be -disguised and will not soon be forgotten. They have inflicted a wound in -the American breast. It is my sincere desire, however, that it may be -healed." - -Nevertheless, so anxious was President Adams for peace that he informed -Congress: "I shall institute a fresh attempt at negotiation.... If we -have committed errors, and these can be demonstrated, we shall be -willing to correct them; if we have done injuries, we shall be willing -on conviction to redress them; and equal measures of justice we have a -right to expect from France and every other nation."[573] - -Adams took this wise action against the judgment of the Federalist -leaders,[574] who thought that, since the outrages upon American -commerce had been committed by France and the formal insult to our -Minister had been perpetrated by France, the advances should come from -the offending Government. Technically, they were right; practically, -they were wrong. Adams's action was sound as well as noble -statesmanship. - -Thus came about the extraordinary mission, of which Marshall was a -member, to adjust our differences with the French Republic. The -President had taken great care in selecting the envoys. He had -considered Hamilton, Jefferson, and Madison,[575] for this delicate and -fateful business; but the two latter, for reasons of practical politics, -would not serve, and without one of them, Hamilton's appointment was -impossible. Pinckney, waiting at Amsterdam, was, of course, to head the -commission. Finally Adams's choice fell on John Marshall of Virginia and -Francis Dana, Chief Justice of the Supreme Court of Massachusetts; and -these nominations were confirmed by the Senate.[576] - -But Dana declined,[577] and, against the unanimous advice of his -Cabinet,[578] Adams then nominated Elbridge Gerry, who, though a -Republican, had, on account of their personal relations, voted for Adams -for President, apologizing, however, most humbly to Jefferson for having -done so.[579] - -No appointment could have better pleased that unrivaled politician. -Gerry was in general agreement with Jefferson and was, temperamentally, -an easy instrument for craft to play upon. When Gerry hesitated to -accept, Jefferson wrote his "dear friend" that "it was with infinite joy -to me that you were yesterday announced to the Senate" as one of the -envoys; and he pleaded with Gerry to undertake the mission.[580] - -The leaders of the President's party in Congress greatly deplored the -selection of Gerry. "No appointment could ... have been more -injudicious," declared Sedgwick.[581] "If, sir, it was a desirable thing -to distract the mission, a fitter person could not, perhaps, be found. -It is ten to one against his agreeing with his colleagues," the -Secretary of War advised the President.[582] Indeed, Adams himself was -uneasy about Gerry, and in a prophetic letter sought to forestall the -very indiscretions which the latter afterwards committed. - -[Illustration: PART OF LETTER OF JULY 17, 1797, FROM JOHN ADAMS TO -ELBRIDGE GERRY DESCRIBING JOHN MARSHALL (_Facsimile_)] - -"There is the utmost necessity for harmony, complaisance, and -condescension among the three envoys, and unanimity is of great -importance," the President cautioned Gerry. "It is," said Adams, "my -sincere desire that an accommodation may take place; but our national -faith, and the honor of our government, cannot be sacrificed. You have -known enough of the unpleasant effects of disunion among ministers to -convince you of the necessity of avoiding it, like a rock or -quicksand.... It is probable there will be manoeuvres practiced to -excite jealousies among you."[583] - -Forty-eight days after Marshall took ship at Philadelphia, he arrived at -The Hague.[584] The long voyage had been enlivened by the sight of many -vessels and the boarding of Marshall's ship three times by British -men-of-war. - -"Until our arrival in Holland," Marshall writes Washington, "we saw only -British & neutral vessels. This added to the blockade of the dutch fleet -in the Texel, of the french fleet in Brest & of the spanish fleet in -Cadiz, manifests the entire dominion which one nation [Great Britain] at -present possesses over the seas. - -"By the ships of war which met us we were three times visited & the -conduct of those who came on board was such as wou'd proceed from -general orders to pursue a system calculated to conciliate America. - -"Whether this be occasion'd by a sense of justice & the obligations of -good faith, or solely by the hope that the perfect contrast which it -exhibits to the conduct of France may excite keener sensations at that -conduct, its effects on our commerce is the same."[585] - -It was a momentous hour in French history when the Virginian landed on -European soil. The French elections of 1797 had given to the -conservatives a majority in the National Assembly, and the Directory was -in danger. The day after Marshall reached the Dutch Capital, the troops -sent by Bonaparte, that young eagle, his pinions already spread for his -imperial flight, achieved the revolution of the 18th Fructidor (4th of -September); gave the ballot-shaken Directory the support of bayonets; -made it, in the end, the jealous but trembling tool of the youthful -conqueror; and armed it with a power through which it nullified the -French elections and cast into prison or drove into exile all who came -under its displeasure or suspicion. - -With Lodi, Arcola, and other laurels upon his brow, the Corsican already -had begun his astonishing career as dictator of terms to Europe. The -native Government of the Netherlands had been replaced by one modeled on -the French system; and the Batavian Republic, erected by French arms, -had become the vassal and the tool of Revolutionary France. - -Three days after his arrival at The Hague, Marshall writes his wife of -the safe ending of his voyage and how "very much pleased" he is with -Pinckney, whom he "immediately saw." They were waiting "anxiously" for -Gerry, Marshall tells her. "We shall wait a week or ten days longer & -shall then proceed on our journey [to Paris]. You cannot conceive (yes -you can conceive) how these delays perplex & mortify me. I fear I cannot -return until the spring & that fear excites very much uneasiness & even -regret at my having ever consented to cross the Atlantic. I wish -extremely to hear from you & to know your situation. My mind clings so -to Richmond that scarcely a night passes in which during the hours of -sleep I have not some interesting conversation with you or concerning -you." - -Marshall tells his "dearest Polly" about the appearance of The Hague, -its walks, buildings, and "a very extensive wood adjoining the city -which extends to the sea," and which is "the pride & boast of the -place." "The society at the Hague is probably very difficult, to an -American it certainly is, & I have no inclination to attempt to enter -into it. While the differences with France subsist the political -characters of this place are probably unwilling to be found frequently -in company with our countrymen. It might give umbrage to France." -Pinckney had with him his wife and daughter, "who," writes Marshall, -"appears to be about 12 or 13 years of age. Mrs. Pinckney informs me -that only one girl of her age has visited her since the residence of the -family at the Hague.[586] In fact we seem to have no communication but -with Americans, or those who are employed by America or who have -property in our country." - -While at The Hague, Marshall yields, as usual, to his love for the -theater, although he cannot understand a word of the play. "Near my -lodgings is a theatre in which a french company performs three times a -week," he tells his wife. "I have been frequently to the play & tho' I -do not understand the language I am very much amused at it. The whole -company is considered as having a great deal of merit but there is a -Madame de Gazor who is considered as one of the first performers in -Paris who bears the palm in the estimation of every person." - -Marshall narrates to his wife the result of the _coup d'état_ of -September 4. "The Directory," he writes, "with the aid of the soldiery -have just put in arrest the most able & leading members of the -legislature who were considered as moderate men & friends of peace. Some -conjecture that this event will so abridge our negotiations as probably -to occasion my return to America this fall. A speedy return is my most -ardent wish but to have my return expedited by the means I have spoken -of is a circumstance so calamitous that I deprecate it as the greatest -of evils. Remember me affectionately to our friends & kiss for me our -dear little Mary. Tell the boys how much I expect from them & how -anxious I am to see them as well as their beloved mother. I am my -dearest Polly unalterably your - - "J MARSHALL."[587] - -The theaters and other attractions of The Hague left Marshall plenty of -time, however, for serious and careful investigations. The result of -these he details to Washington. The following letter shows not only -Marshall's state of mind just before starting for Paris, but also the -effect of European conditions upon him and how strongly they already -were confirming Marshall's tendency of thought so firmly established by -every event of his life since our War for Independence:-- - -"Tho' the face of the country [Holland] still exhibits a degree of -wealth & population perhaps unequal'd in any other part of Europe, its -decline is visible. The great city of Amsterdam is in a state of -blockade. More than two thirds of its shipping lie unemploy'd in port. -Other seaports suffer tho' not in so great a degree. In the meantime the -requisitions made [by the French] upon them [the Dutch] are enormous.... - -"It is supposed that France has by various means drawn from Holland -about 60,000,000 of dollars. This has been paid, in addition to the -national expenditures, by a population of less than 2,000,000.... Not -even peace can place Holland in her former situation. Antwerp will draw -from Amsterdam a large portion of that commerce which is the great -source of its wealth; for Antwerp possesses, in the existing state of -things, advantages which not even weight of capital can entirely -surmount." - -Marshall then gives Washington a clear and striking account of the -political happenings among the Dutch under French domination:-- - -"The political divisions of this country & its uncertainty concerning -its future destiny must also have their operation.... - -"A constitution which I have not read, but which is stated to me to have -contain'd all the great fundamentals of a representative government, & -which has been prepar'd with infinite labor, & has experienc'd an -uncommon length of discussion was rejected in the primary assemblies by -a majority of nearly five to one of those who voted.... - -"The substitute wish'd for by its opponents is a legislature with a -single branch having power only to initiate laws which are to derive -their force from the sanction of the primary assemblies. I do not know -how they wou'd organize it.... It is remarkable that the very men who -have rejected the form of government propos'd to them have reëlected a -great majority of the persons who prepar'd it & will probably make from -it no essential departure.... It is worthy of notice that more than two -thirds of those entitled to suffrage including perhaps more than four -fifths of the property of the nation & who wish'd, as I am told, the -adoption of the constitution, withheld their votes.... - -"Many were restrain'd by an unwillingness to take the oath required -before a vote could be receiv'd; many, disgusted with the present state -of things, have come to the unwise determination of revenging themselves -on those whom they charge with having occasion'd it by taking no part -whatever in the politics of their country, & many seem to be indifferent -to every consideration not immediately connected with their particular -employments." - -Holland's example made the deepest impression on Marshall's mind. What -he saw and heard fortified his already firm purpose not to permit -America, if he could help it, to become the subordinate or ally of any -foreign power. The concept of the American people as a separate and -independent Nation unattached to, unsupported by, and unafraid of any -other country, which was growing rapidly to be the passion of Marshall's -life, was given fresh force by the humiliation and distress of the Dutch -under French control. - -"The political opinions which have produc'd the rejection of the -constitution," Marshall reasons in his report to Washington, "& which, -as it wou'd seem, can only be entertain'd by intemperate & ill inform'd -minds unaccustom'd to a union of the theory & practice of liberty, must -be associated with a general system which if brought into action will -produce the same excesses here which have been so justly deplor'd in -France. - -"The same materials exist tho' not in so great a degree. They have their -clubs, they have a numerous poor & they have enormous wealth in the -hands of a minority of the nation." - -Marshall interviewed Dutch citizens, in his casual, indolent, and -charming way; and he thus relates to Washington the sum of one such -conversation:-- - -"On my remarking this to a very rich & intelligent merchant of Amsterdam -& observing that if one class of men withdrew itself from public duties -& offices it wou'd immediately be succeeded by another which wou'd -acquire a degree of power & influence that might be exercis'd to the -destruction of those who had retir'd from society, he replied that the -remark was just, but that they relied on France for a protection from -those evils which she had herself experienc'd. That France wou'd -continue to require great supplies from Holland & knew its situation too -well to permit it to become the prey of anarchy. - -"That Holland was an artificial country acquired by persevering industry -& which cou'd only be preserv'd by wealth & order. That confusion & -anarchy wou'd banish a large portion of that wealth, wou'd dry up its -sources & wou'd entirely disable them from giving France that pecuniary -aid she so much needed. That under this impression very many who tho' -friends to the revolution, saw with infinite mortification french troops -garrison the towns of Holland, wou'd now see their departure with equal -regret. - -"Thus, they willingly relinquish national independence for individual -safety. What a lesson to those who wou'd admit foreign influence into -the United States!" - -Marshall then narrates the events in France which followed the _coup -d'état_ of September 4. While this account is drawn from rumors and -newspapers and therefore contains a few errors, it is remarkable on the -whole for its general accuracy. No condensation can do justice to -Marshall's review of this period of French history in the making. It is -of first importance, also, as disclosing his opinions of the Government -he was so soon to encounter and his convictions that unrestrained -liberty must result in despotism. - -"You have observed the storm which has been long gathering in Paris," -continues Marshall. "The thunderbolt has at length been launch'd at the -heads of the leading members of the legislature & has, it is greatly to -be fear'd, involv'd in one common ruin with them, the constitution & -liberties of their country.... Complete & impartial details concerning -it will not easily be obtained as the press is no longer free. The -journalists who had ventur'd to censure the proceedings of a majority of -the directory are seiz'd, & against about forty of them a sentence of -transportation is pronounced. - -"The press is plac'd under the superintendence of a police appointed by -& dependent on the executive. It is supposed that all private letters -have been seiz'd for inspection. - -"From some Paris papers it appears, that on the first alarm, several -members of the legislature attempted to assemble in their proper halls -which they found clos'd & guarded by an arm'd force. Sixty or seventy -assembled at another place & began to remonstrate against the violence -offer'd to their body, but fear soon dispersed them. - -"To destroy the possibility of a rallying point the municipal -administrations of Paris & the central administration of the seine were -immediately suspended & forbidden by an arrêté of the directoire, to -assemble themselves together. - -"Many of the administrators of the departments through France elected by -the people, had been previously remov'd & their places filled by persons -chosen by the directory.... - -"The fragment of the legislature convok'd by the directory at L'Odéon & -L'école de santé, hasten'd to repeal the law for organizing the national -guards, & authoriz'd the directory to introduce into Paris as many -troops as shou'd be judg'd necessary. The same day the liberty of the -press was abolish'd by a line, property taken away by another & personal -security destroy'd by a sentence of transportation against men unheard & -untried. - -"All this," sarcastically remarks Marshall, "is still the triumph of -liberty & of the constitution." - -Although admitting his lack of official information, Marshall "briefly" -observes that: "Since the election of the new third, there were found in -both branches of the legislature a majority in favor of moderate -measures & apparently, wishing sincerely for peace. They have manifested -a disposition which threaten'd a condemnation of the conduct of the -directory towards America, a scrutiny into the transactions of Italy, -particularly those respecting Venice & Genoa, an enquiry into the -disposition of public money & such a regular arrangement of the finances -as wou'd prevent in future those dilapidations which are suspected to -have grown out of their disorder. They [French conservatives] have -sought too by their laws to ameliorate the situation of those whom -terror had driven out of France, & of those priests who had committed no -offense." - -Marshall thus details to Washington the excuse of the French radicals -for their severe treatment of the conservatives:-- - -"The cry of a conspiracy to reëstablish royalism was immediately rais'd -against them [conservatives]. An envoy was dispatched to the Army of -Italy to sound its disposition. It was represented that the legislature -was hostile to the armies, that it withheld their pay & subsistence, -that by its opposition to the directory it encourag'd Austria & Britain -to reject the terms of peace which were offer'd by France & which but -for that opposition wou'd have been accepted, & finally that it had -engag'd in a conspiracy for the destruction of the constitution & the -republic & for the restoration of royalty. - -"At a feast given to the armies of Italy to commemorate their fellow -soldiers who had fallen in that country the Generals address'd to them -their complaints, plainly spoke of marching to Paris to support the -directory against the councils & received from them addresses -manifesting the willingness of the soldiers to follow them. - -"The armies also addressed the directory & each other, & addresses were -dispatched to different departments. The directory answer'd them by the -stronge[st] criminations of the legislature. Similar proceedings were -had in the army of the interior commanded by Gen^l. Hoche. Detachments -were mov'd within the limits prohibited by the constitution, some of -which declar'd they were marching to Paris 'to bring the legislature to -reason.'" - -Here follows Marshall's story of what then happened, according to the -accounts which were given him at The Hague:-- - -"Alarm'd at these movements the council of five hundred call'd on the -directory for an account of them. The movement of the troops within the -constitutional circle was attributed to accident & the discontents of -the army to the faults committed by the legislature who were plainly -criminated as conspirators against the army & the republic. - -"This message was taken up by Tronçon in the council of antients & by -Thibideau in the council of five hundred. I hope you have seen their -speeches. They are able, & seem to me entirely exculpated the -legislature. - -"In the mean time the directory employed itself in the removal of the -administrators of many of the departments & cantons & replacing those -whom the people had elected by others in whom it cou'd confide, and in -the removal generally of such officers both civil & military as cou'd -not be trusted to make room for others on whom it cou'd rely. - -"The legislature on its part, pass'd several laws to enforce the -constitutional restrictions on the armies & endeavored to organize the -national guards. On this latter subject especially Pichegru, great & -virtuous I believe in the cabinet as in the field, was indefatigable. We -understand that the day before the law for their organization wou'd have -been carried into execution the decisive blow was struck." - -Marshall now relates, argumentatively, the facts as he heard them in the -Dutch Capital; and in doing so, reveals his personal sentiments and -prejudices:-- - -"To support the general charge of conspiracy in favor of royalty I know -of no particular facts alleged against the arrested Members except -Pichegru & two or three others.... Pichegru is made in the first moment -of conversation to unbosom himself entirely to a perfect stranger who -had only told him that he came from the Prince of Conde & cou'd not -exhibit a single line of testimonial of any sort to prove that he had -ever seen that Prince or that he was not a spy employ'd by some of the -enemies of the General. - -"This story is repel'd by Pichegru's character which has never before -been defil'd. Great as were the means he possess'd of personal -aggrandizement he retir'd clean handed from the army without adding a -shilling to his private fortune. It is repel'd by his resigning the -supreme command, by his numerous victories subsequent to the alleged -treason, by its own extreme absurdity & by the fear which his accusers -show of bringing him to trial according to the constitution even before -a tribunal they can influence & overawe, or of even permitting him to be -heard before the prostrate body which is still term'd the legislature & -which in defiance of the constitution has pronounc'd judgment on him. - -"Yet this improbable & unsupported tale seems to be receiv'd as an -established truth by those who the day before [his] fall bow'd to him as -an idol. I am mortified as a man to learn that even his old army which -conquer'd under him, which ador'd him, which partook of his fame & had -heretofore not join'd their brethren in accusing the legislature, now -unite in bestowing on him the heaviest execrations & do not hesitate to -pronounce him a traitor of the deepest die." - -Irrespective of the real merits of the controversy, Marshall tells -Washington that he is convinced that constitutional liberty is dead or -dying in France:-- - -"Whether this conspiracy be real or not," he says, "the wounds inflicted -on the constitution by the three directors seem to me to be mortal. In -opposition to the express regulations of the constitution the armies -have deliberated, the result of their deliberations addressed to the -directory has been favorably received & the legislature since the -revolution has superadded its thanks. - -"Troops have been marched within those limits which by the constitution -they are forbidden to enter but on the request of the legislature. The -directory is forbidden to arrest a member of the legislature unless in -the very commission of a criminal act & then he can only be tried by the -high court, on which occasion forms calculated to protect his person -from violence or the prejudice of the moment are carefully prescrib'd. - -"Yet it has seized, by a military force, about fifty leading members not -taken in a criminal act & has not pursued a single step mark'd out by -the constitution. The councils can inflict no penalty on their own -members other than reprimand, arrest for eight & imprisonment for three -days. Yet they have banished to such places as the directory shall chuse -a large portion of their body without the poor formality of hearing a -defense. - -"The legislature shall not exercise any judiciary power or pass any -retrospective law. Yet it has pronounc'd this heavy judgment on others -as well as its own members & has taken from individuals property which -the law has vested in them." - -Marshall is already bitter against the Directory because of its -violation of the French Constitution, and tells Washington:-- - -"The members of the directory are personally secur'd by the same rules -with those of the legislature. Yet three directors have depriv'd two of -their places, the legislature has then banished them without a hearing & -has proceeded to fill up the alledg'd vacancies. Merlin late minister of -justice & François de Neufchatel have been elected. - -"The constitution forbids the house of any man to be entered in the -night. The orders of the constituted authorities can only be executed in -the day. Yet many of the members were seiz'd in their beds. - -"Indeed, sir, the constitution has been violated in so many instances -that it wou'd require a pamphlet to detail them. The detail wou'd be -unnecessary for the great principle seems to be introduc'd that the -government is to be administered according to the will of the nation." - -Marshall now indulges in his characteristic eloquence and peculiar -method of argument:-- - -"Necessity, the never to be worn out apology for violence, is -alledg'd--but cou'd that necessity go further than to secure the persons -of the conspirators? Did it extend to the banishment of the printers & -to the slavery of the press? If such a necessity did exist it was -created by the disposition of the people at large & it is a truth which -requires no demonstration that if a republican form of government cannot -be administered by the general will, it cannot be administered against -that will by an army." - -Nevertheless, hope for constitutional liberty in France lingers in his -heart in spite of this melancholy recital. - -"After all, the result may not be what is apprehended. France possesses -such enormous power, such internal energy, such a vast population that -she may possibly spare another million & preserve or reacquire her -liberty. Or, the form of the government being preserved, the -independence of the legislature may be gradually recover'd. - -"With their form of government or resolutions we have certainly no right -to intermeddle, but my regrets at the present state of things are -increased by an apprehension that the rights of our country will not be -deem'd so sacred under the existing system as they wou'd have been had -the legislature preserved its legitimate authority."[588] - -Washington's reply, which probably reached Marshall some time after the -latter's historic letter to Talleyrand in January, 1798,[589] is -informing. He "prays for a continuance" of such letters and hopes he -will be able to congratulate Marshall "on the favorable conclusion of -your embassy.... To predict the contrary might be as unjust as it is -impolitic, and therefore," says Washington, "mum--on that topic. Be the -issue what it may," he is sure "that nothing which justice, sound -reasoning, and fair representation would require will be wanting to -render it just and honorable." If so, and the mission fails, "then the -eyes of all who are not willfully blind ... will be fully opened." The -Directory will have a rude awakening, if they expect the Republicans to -support France against America in the "dernier ressort.... For the mass -of our citizens require no more than to understand a question to decide -it properly; and an adverse conclusion of the negotiation will effect -this." Washington plainly indicates that he wishes Marshall to read his -letter between the lines when he says: "I shall dwell very little on -European politics ... because this letter may pass through many -hands."[590] - -Gerry not arriving by September 18, Marshall and Pinckney set out for -Paris, "proceeding slowly in the hope of being overtaken" by their tardy -associate. From Antwerp Marshall writes Charles Lee, then -Attorney-General, correcting some unimportant statements in his letter -to Washington, which, when written, were "considered as certainly true," -but which "subsequent accounts contradict."[591] Down-heartedly he -says:-- - -"Our insulted injured country has not before it the most flattering -prospects. There is no circumstance calculated to flatter us with the -hope that our negotiations will terminate as they ought to do.... We -understand that all is now quiet in France, the small show of resistance -against which Napoleon march'd is said to have dispersed on hearing of -his movement." - -He then describes the celebration in Antwerp of the birth of the new -French régime:-- - -"To-day being the anniversary of the foundation of the Republic, was -celebrated with great pomp by the military at this place. Very few -indeed of the inhabitants attended the celebration. Everything in -Antwerp wears the appearance of consternation and affright. - -"Since the late revolution a proclamation has been published forbidding -any priest to officiate who has not taken the oath prescribed by a late -order. No priest at Antwerp has taken it & yesterday commenced the -suspension of their worship. - -"All the external marks of their religion too with which their streets -abound are to be taken down. The distress of the people at the calamity -is almost as great as if the town was to be given up to pillage."[592] - -Five days after leaving Antwerp, Marshall and Pinckney arrived in the -French Capital. The Paris of that time was still very much the Paris of -Richelieu, except for some large buildings and other improvements begun -by Louis XIV. The French metropolis was in no sense a modern city and -bore little resemblance to the Paris of the present day. Not until some -years afterward did Napoleon as Emperor begin the changes which later, -under Napoleon III, transformed it into the most beautiful city in the -world. Most of its ancient interest, as well as its mediæval -discomforts, were in existence when Marshall and Pinckney reached their -destination. - -The Government was, in the American view, incredibly corrupt, and the -lack of integrity among the rulers was felt even among the people. "The -venality is such," wrote Gouverneur Morris, in 1793, "that if there be -no traitor it is because the enemy has not common sense."[593] And -again: "The ... administration is occupied in acquiring wealth."[594] -Honesty was unknown, and, indeed, abhorrent, to most of the governing -officials; and the moral sense of the citizens themselves had been -stupefied by the great sums of money which Bonaparte extracted from -conquered cities and countries and sent to the treasury at Paris. Time -and again the Republic was saved from bankruptcy by the spoils of -conquest; and long before the American envoys set foot in Paris the -popular as well as the official mind had come to expect the receipt of -money from any source or by any means. - -The bribery of ministers of state and of members of the Directory was a -matter of course;[595] and weaker countries paid cash for treaties with -the arrogant Government and purchased peace with a price. During this -very year Portugal was forced to advance a heavy bribe to Talleyrand and -the Directory before the latter would consent to negotiate concerning a -treaty; and, as a secret part of the compact, Portugal was required to -make a heavy loan to France. It was, indeed, a part of this very -Portuguese money with which the troops were brought to Paris for the -September revolution of 1797.[596] - -Marshall and Pinckney at once notified the French Foreign Office of -their presence, but delayed presenting their letters of credence until -Gerry should join them before proceeding to business. A week passed; and -Marshall records in his diary that every day the waiting envoys were -besieged by "Americans whose vessels had been captured & condemned. By -appeals & other dilatory means the money had been kept out of the hands -of the captors & they were now waiting on expenses in the hope that our -[the envoys'] negotiations might relieve them."[597] A device, this, the -real meaning of which was to be made plain when the hour should come to -bring it to bear on the American envoys. - -Such was the official and public atmosphere in which Marshall and -Pinckney found themselves on their mission to adjust, with honor, the -differences between France and America: a network of unofficial and -secret agents was all about them; and at its center was the master -spider, Talleyrand. The unfrocked priest had been made Foreign Minister -under the Directory in the same month and almost the day that Marshall -embarked at Philadelphia for Paris. It largely was through the efforts -and influence of Madame de Staël[598] that this prince of intriguers -was able to place his feet upon this first solid step of his amazing -career. - -Talleyrand's genius was then unknown to the world, and even the -Directory at that time had no inkling of his uncanny craft. To be sure, -his previous life had been varied and dramatic and every page of it -stamped with ability; but in the tremendous and flaming events of that -tragic period he had not attracted wide attention. Now, at last, -Talleyrand had his opportunity. - -Among other incidents of his life had been his exile to America. For -nearly two years and a half he had lived in the United States, traveling -hither and yon through the forming Nation. Washington as President had -refused to receive the expelled Frenchman, who never forgave the slight. -In his journey from State to State he had formed a poor opinion of the -American people. "If," he wrote, "I have to stay here another year I -shall die."[599] - -The incongruities of what still was pioneer life, the illimitable -forests, the confusion and strife of opinion, the absence of National -spirit and general purpose, caused Talleyrand to look with contempt upon -the wilderness Republic. But most of all, this future master spirit of -European diplomacy was impressed with what seemed to him the sordid, -money-grubbing character of the American people. Nowhere did he find a -spark of that idealism which had achieved our independence; and he -concluded that gold was the American god.[600] - -Fauchet's disclosures[601] had caused official Paris to measure the -American character by the same yardstick that Talleyrand applied to us, -when, on leaving our shores, he said: "The United States merit no more -consideration than Genoa or Genève."[602] - -The French Foreign Minister was not fairly established when the American -affair came before him. Not only was money his own pressing need, but to -pander to the avarice of his master Barras and the other corrupt members -of the Directory was his surest method of strengthening his, as yet, -uncertain official position. Such were Talleyrand's mind, views, and -station, when, three days after Gerry's belated arrival, the newly -installed Minister received the American envoys informally at his house, -"where his office was held." By a curious freak of fate, they found him -closeted with the Portuguese Minister from whom the very conditions had -been exacted which Talleyrand so soon was to attempt to extort from the -Americans. - -It was a striking group--Talleyrand, tall and thin of body, with pallid, -shrunken cheeks and slumberous eyes, shambling forward with a limp, as, -with halting speech,[603] he coldly greeted his diplomatic visitors; -Gerry, small, erect, perfectly attired, the owl-like solemnity of his -face made still heavier by his long nose and enormous wig; Pinckney, -handsome, well-dressed, clear-eyed, of open countenance;[604] and -Marshall, tall, lean, loose-jointed, carelessly appareled, with only his -brilliant eyes to hint at the alert mind and dominant personality of the -man. - -Talleyrand measured his adversaries instantly. Gerry he had known in -America and he weighed with just balance the qualities of the -Massachusetts envoy; Pinckney he also had observed and feared nothing -from the blunt, outspoken, and transparently honest but not in the least -subtle or far-seeing South Carolinian; the ill-appearing Virginian, of -whom he had never heard, Talleyrand counted as a cipher. It was here -that this keen and cynical student of human nature blundered. - -Marshall and Talleyrand were almost of an age,[605] the Frenchman being -only a few months older than his Virginia antagonist. The powers of -neither were known to the other, as, indeed, they were at that time -unguessed generally by the mass of the people, even of their own -countries. - -[Illustration: TALLEYRAND] - -A month after Talleyrand became the head of French Foreign Affairs, -Rufus King, then our Minister at London, as soon as he had heard of -the appointment of the American envoys, wrote Talleyrand a conciliatory -letter congratulating the French diplomat upon his appointment. King and -Talleyrand had often met both in England and America. - -"We have been accustomed," writes King, "to converse on every subject -with the greatest freedom"; then, assuming the frankness of friendship, -King tries to pave the way for Marshall, Pinckney, and Gerry, without -mentioning the latter, however. "From the moment I heard that you had -been named to the Department of Foreign Affairs," King assures -Talleyrand, "I have felt a satisfactory Confidence that the Cause of the -increasing Misunderstanding between us would cease, and that the -overtures mediated by our Government would not fail to restore Harmony -and Friendship between the two Countries."[606] - -King might have saved his ink. Talleyrand did not answer the letter; it -is doubtful whether he even read it. At any rate, King's somewhat -amateurish effort to beguile the French Foreign Minister by empty words -utterly failed of its purpose. - -The Americans received cold comfort from Talleyrand; he was busy, he -said, on a report on Franco-American affairs asked for by the Directory; -when he had presented it to his superiors he would, he said, let the -Americans know "what steps were to follow." Talleyrand saw to it, -however, that the envoys received "cards of hospitality" which had been -denied to Pinckney. These saved the Americans at least from offensive -attentions from the police.[607] - -Three days later, a Mr. Church, an American-born French citizen, -accompanied by his son, called on Gerry, but found Marshall, who was -alone. From Thomas Paine, Church had learned of plans of the Directory -concerning neutrals which, he assured Marshall, "would be extremely -advantageous to the United States." "Do not urge your mission now," -suggested Church--the present was "a most unfavorable moment." Haste -meant that "all would probably be lost." What were these measures of the -Directory? asked Marshall. Church was not at liberty to disclose them, -he said; but the envoys' "true policy was to wait for events." - -That night came a letter from the author of "Common Sense." "This -letter," Marshall records, "made very different impressions on us. I -thought it an insult which ought to be received with that coldness which -would forbid the repetition of it. Mr. Gerry was of a contrary opinion." -Marshall insisted that the Directory knew of Paine's letter and would -learn of the envoys' answer, and that Pinckney, Gerry, and himself must -act only as they knew the American Government would approve. It was -wrong, said he, and imprudent to lead the Directory to expect anything -else from the envoys; and Paine's "aspersions on our government" should -be resented.[608] So began the break between Marshall and Gerry, which, -considering the characters of the two men, was inevitable. - -Next, Talleyrand's confidential secretary confided to Major -Mountflorence, of the American Consulate, that the Directory would -require explanations of President Adams's speech to Congress, by which -they were exasperated. The Directory would not receive the envoys, he -said, until the negotiations were over; but that persons would be -appointed "to treat with" the Americans, and that these agents would -report to Talleyrand, who would have "charge of the negotiations."[609] -Mountflorence, of course, so advised the envoys. - -Thus the curtain rose upon the melodrama now to be enacted--an episode -without a parallel in the history of American diplomacy. To understand -what follows, we must remember that the envoys were governed by careful, -lengthy, and detailed instructions to the effect that "no blame or -censure be directly, or indirectly, imputed to the United States"; that -in order not to "wound her [France] feelings or to excite her -resentment" the negotiations were to be on the principles of the British -Treaty; "that no engagement be made inconsistent with ... any prior -treaty"; that "no restraint on our lawful commerce with any other nation -be admitted"; that nothing be done "incompatible with the complete -sovereignty and independence of the United States in matters of policy, -commerce, and government"; and "_that no aid be stipulated in favor of -France during the present war_."[610] - -We are now to witness the acts in that strange play, known to American -history as the X. Y. Z. Mission, as theatrical a spectacle as any ever -prepared for the stage. Indeed, the episode differs from a performance -behind the footlights chiefly in that in this curious arrangement the -explanation comes after the acting is over. When the dispatches to the -American Government, which Marshall now is to write, were transmitted to -Congress, diplomatic prudence caused the names of leading characters to -be indicated only by certain letters of the alphabet. Thus, this -determining phase of our diplomatic history is known to the present day -as "The X. Y. Z. Affair." - - -FOOTNOTES: - -[549] Marshall to his wife, July 2, 1797; MS. - -[550] Sedgwick to King, June 24, 1797; King, ii, 192. - -[551] Marshall to his wife, July 5, 1797; MS. - -[552] Marshall to Washington, July 7, 1797; MS., Lib. Cong. - -[553] Marshall to his wife, July 11, 1797; MS. - -[554] This, of course, was untrue, at that time. Marshall probably -listened with polite interest to Adams, who was a master of the subject, -and agreed with him. Thus Adams was impressed, as is the way of human -nature. - -[555] Adams to Gerry, July 17, 1797; _Works_: Adams, viii, 549. - -[556] _Aurora_, July 17, 1797. - -[557] _Aurora_, July 19, 1797. For documents given envoys by the -Government, see _Am. St. Prs., For. Rel._, Class I, ii, 153. - -[558] Marshall to Secretary of State, July 10, 1797; Memorandum by -Pickering; Pickering MSS., in _Proc._, Mass. Hist. Soc., xxi, 177. - -[559] Marshall to his wife, "The Bay of Delaware," July 20, 1797; MS. - -[560] Washington's remarks on Monroe's "View"; _Writings_: Ford, xiii, -452. - -[561] See McMaster, ii, 257-59, 319, 370. But Monroe, although shallow, -was well meaning; and he had good excuse for over-enthusiasm; for his -instructions were: "Let it be seen that in case of a war with any nation -on earth, we shall consider France as our first and natural ally." (_Am. -St. Prs., For. Rel._, Class I, ii, 669.) - -[562] "View of the Conduct of the Executive of the United States, etc.," -by James Monroe (Philadelphia, Bache, Publisher, 1797). This pamphlet is -printed in full in Monroe's _Writings_: Hamilton, iii, as an Appendix. - -Washington did not deign to notice Monroe's attack publicly; but on the -margin of Monroe's book answered every point. Extracts from Monroe's -"View" and Washington's comments thereon are given in Washington's -_Writings_: Ford, xiii, 452-90. - -Jefferson not only approved but commended Monroe's attack on Washington. -(See Jefferson to Monroe, Oct. 25, 1797; _Works_: Ford, viii, 344-46.) -It is more than probable that he helped circulate it. (Jefferson to -Eppes, Dec. 21, 1797; _ib._, 347; and to Madison, Feb. 8, 1798; _ib._, -362; see also Jefferson to Monroe, Dec. 27; _ib._, 350. "Your book was -later coming than was to have been wished: however it works -irresistibly. It would have been very gratifying to you to hear the -unqualified eulogies ... by all who are not hostile to it from -principle.") - -[563] Ticknor, ii, 113. - -[564] For a condensed but accurate and impartial statement of Monroe's -conduct while Minister, see Gilman: _James Monroe_ (American Statesmen -Series), 36-73. - -[565] Paine to editors of the _Bien-Informé_, Sept. 27, 1797; -_Writings_: Conway, iii, 368-69. - -[566] _Am. St. Prs., For. Rel._, ii, 55-63. - -[567] See condensed summary of the American case in instructions to -Pinckney, Marshall, and Gerry; _ib._, 153-57. - -[568] _Ib._, 64; and for numerous other examples see _ib._, 28-64. - -[569] Ticknor, ii, 113. - -[570] Pinckney to Secretary of State, Amsterdam, Feb. 18, 1797; _Am. St. -Prs., For. Rel._, vii, 10. - -[571] See Barras's speech in _Am. St. Prs., For. Rel._, ii, 12. - -[572] See Allen: _Naval War with France_, 31-33. - -[573] Adams, Message to Congress, May 16, 1797; Richardson, i, 235-36; -also, _Works_: Adams, ix, 111-18. - -[574] Gibbs, ii, 171-72. - -[575] Hamilton proposed Jefferson or Madison. (Hamilton to Pickering, -March 22, 1797; Lodge: _Cabot_, 101.) - -[576] _Works_: Adams, ix, 111-18. - -[577] _Ib._ - -[578] Gibbs, i, 467, 469, and footnote to 530-31. - -[579] Austin: _Gerry_, ii, 134-35. - -[580] Jefferson to Gerry, June 21, 1797; _Works_: Ford, viii, 314. This -letter flattered Gerry's vanity and nullified Adams's prudent advice to -him given a few days later. (See _infra._) - -[581] Sedgwick to King, June 24, 1797; King, ii, 193. - -[582] McHenry to Adams, in Cabinet meeting, 1797; Steiner, 224. - -[583] Adams to Gerry, July 8, 1797; _Works_: Adams, viii, 547-48. -Nine days later the President again admonishes Gerry. While expressing -confidence in him, the President tells Gerry that "Some have -expressed ... fears of an unaccommodating disposition [in Gerry] and -others of an obstinacy that will risk great things to secure small ones. - -"Some have observed that there is, at present, a happy and perfect -harmony among all our ministers abroad, and have expressed apprehension -that your appointment might occasion an interruption of it." (Adams to -Gerry, July 17, 1797; _ib._, 549.) - -[584] Marshall took the commission and instructions of John Quincy Adams -as the American Minister to Prussia (_Writings, J.Q.A._: Ford, ii, -footnote to 216), to which post the younger Adams had been appointed by -Washington because of his brilliant "Publicola" essays. - -[585] Marshall, to Washington, The Hague, Sept. 15, 1797; Washington -MSS., Lib. Cong. See citations _ib._, _infra_. (Sparks MSS., _Proc._ -Mass. Hist. Soc., lxvi; also _Amer. Hist. Rev._, ii, no. 2, Jan., 1897.) - -[586] Pinckney and his family had been living in Holland for almost -seven months. (Pinckney to Pickering, Feb. 8, 1797; _Am. St. Prs., For. -Rel._, ii, 10.) - -[587] Marshall to his wife, The Hague, Sept. 9, 1797, MS. Marshall's -brother had been in The Hague July 30, but had gone to Berlin. Vans -Murray to J. Q. Adams, July 30, 1797; _Letters_: Ford, 358. Apparently -the brothers did not meet, notwithstanding the critical state of the -Fairfax contract. - -[588] Marshall to Washington, The Hague, Sept. 15, 1797; _Amer. Hist. -Rev._, ii, no. 2, Jan., 1897; and MS., Lib. Cong. - -[589] See _infra_, next chapter. - -[590] Washington to Marshall, Dec. 4, 1797; _Writings_: Ford, xiii, -432-34. - -[591] To justify the violence of the 18th Fructidor, the Directory -asserted that the French elections, in which a majority of conservatives -and anti-revolutionists were returned and General Pichegru chosen -President of the French Legislature, were parts of a royal conspiracy to -destroy liberty and again place a king upon the throne of France. In -these elections the French liberals, who were not in the army, did not -vote; while all conservatives, who wished above all things for a stable -and orderly government of law and for peace with other countries, -flocked to the polls. - -Among the latter, of course, were the few Royalists who still remained -in France. Such, at least, was the view Marshall took of this episode. -To understand Marshall's subsequent career, too much weight cannot be -given this fact and, indeed, all the startling events in France during -the six historic months of Marshall's stay in Paris. - -But Marshall did not take into account the vital fact that the French -soldiers had no chance to vote at this election. They were scattered far -and wide--in Italy, Germany, and elsewhere. Yet these very men were the -soul of the Revolutionary cause. And the private soldiers were more -enraged by the result of the French elections than their generals--even -than General Augereau, who was tigerish in his wrath. - -They felt that, while they were fighting on the battlefield, they had -been betrayed at the ballot box. To the soldiers of France the -revolution of the 18th Fructidor was the overthrow of their enemies in -their own country. The army felt that it had answered with loyal -bayonets a conspiracy of treasonable ballots. It now seems probable that -the soldiers and officers of the French armies were right in this view. - -Pinckney was absurdly accused of interfering in the elections in behalf -of the "Royalist Conspiracy." (Vans Murray to J. Q. Adams, April 3, -1798; _Letters_: Ford, 391.) Such a thing, of course, was perfectly -impossible. - -[592] Marshall to Lee, Antwerp, Sept. 22, 1797; MS., New York Pub. Lib. - -[593] Gouverneur Morris to Washington, Feb., 1793; Morris, ii, 37. While -Morris was an aristocrat, thoroughly hostile to democracy and without -sympathy with or understanding of the French Revolution, his statements -of facts have proved to be generally accurate. (See Lyman: _Diplomacy of -the United States_, i, 352, on corruption of the Directory.) - -[594] Morris to Pinckney, Aug. 13, 1797; Morris, ii, 51. - -[595] Loliée: _Talleyrand and His Times_, 170-71. - -[596] King to Secretary of State, Dispatch no. 54, Nov. 18, 1797; King, -ii, 243. - -[597] Marshall's Journal, official copy, Pickering Papers, Mass. Hist. -Soc., 1. - -[598] Loliée: _Talleyrand and His Times_, 147; and Blennerhassett: -_Talleyrand_, ii, 256-57. - -[599] Talleyrand to Mme. de Staël, quoted in McCabe: _Talleyrand_, 137. - -[600] _Memoirs of Talleyrand_: Broglie's ed., i, 179-82; also see -McCabe's summary in his _Talleyrand_, 136-38. Talleyrand was greatly -impressed by the statement of a New Jersey farmer, who wished to see -Bingham rather than President Washington because he had heard that -Bingham was "so wealthy.... Throughout America I met with a similar love -of money," says Talleyrand. (_Memoirs of Talleyrand_: Broglie's ed., i, -180.) In this estimate of American character during that period, -Talleyrand did not differ from other travelers, nor, indeed, from the -opinion of most Americans who expressed themselves upon this subject. -(See vol. I, chaps. VII, and VIII, of this work.) - -[601] Talleyrand as quoted in Pickering to King, Nov. 7, 1798; -_Pickering_: Pickering, ii, 429. - -[602] _Am. St. Prs., For. Rel._, ii, 158. - -[603] _Memoirs of Talleyrand_: Stewarton, ii, 10. - -[604] Pinckney was the only one of the envoys who could speak French. He -had received a finished education in England at Westminster and Oxford -and afterward had studied in France at the Royal Military College at -Caen. - -[605] Marshall and Talleyrand were forty-two years of age, Pinckney -fifty-one, and Gerry fifty-three. - -[606] King to Talleyrand, London, Aug. 3, 1797; King, ii, 206-08. - -[607] _Am. St. Prs., For. Rel._, ii, 158; Marshall's Journal, Official -Copy; MS., Mass. Hist. Soc., 2. The envoys' dispatches to the Secretary -of State were prepared by Marshall, largely, from his Journal. Citations -will be from the dispatches except when not including matter set out -exclusively in Marshall's Journal. - -[608] Marshall's Journal, Oct. 11, 2-4. - -[609] _Am. St. Prs., For. Rel._, ii, 8-11, and 158. Fulwar Skipwith was -consul; but Mountflorence was connected with the office. - -[610] _Am. St. Prs., For. Rel._, ii, 157. Italics are mine. - - - - -CHAPTER VII - -FACING TALLEYRAND - - Society is divided into two classes; the shearers and the shorn. - We should always be with the former against the latter. - (Talleyrand.) - - To lend money to a belligerent power is to relinquish our - neutrality. (Marshall.) - - -Diplomatically Marshall and his associates found themselves marooned. -Many and long were their discussions of the situation. "We have had -several conversations on the extraordinary silence of the Government -concerning our reception," writes Marshall in his Journal. "The plunder -of our commerce sustains no abatements, the condemnations of our vessels -are press'd with ardor ... our reception is postponed in a manner most -unusual & contemptuous. - -"I urge repeatedly that we ought, in a respectful communication to the -Minister [Talleyrand] ... to pray for a suspension of all further -proceedings against American vessels until the further order of the -Directory.... - -"We have already permitted much time to pass away, we could not be -charged with precipitation, & I am willing to wait two or three days -longer but not more.... The existing state of things is to France the -most beneficial & the most desirable, but to America it is ruinous. I -therefore urge that in a few days we shall lay this interesting subject -before the Minister."[611] - -Marshall tells us that Gerry again opposed action, holding that for the -envoys to act would "irritate the [French] Government." The Directory -"might take umbrage."[612] Besides, declared Gerry, France was in a -quandary what to do and "any movement on our part" would relieve her and -put the blame on the envoys. "But," records Marshall, "in the address I -propose I would say nothing which could give umbrage, & if, as is to be -feared, France is determined to be offended, she may quarrel with our -answer to any proposition she may make or even with our silence." -Pinckney agreed with Marshall; but they yielded to Gerry in order to -"preserve unanimity."[613] - -Tidings soon arrived of the crushing defeat of the Dutch fleet by the -British; and on the heels of this came reports that the Directory were -ready to negotiate with the Americans.[614] Next morning, and four days -after the mysterious intimations to the American envoys from Talleyrand -through his confidential secretary, a Parisian business man called on -Pinckney and told him that a Mr. Hottenguer,[615] "a native of -Switzerland who had been in America,"[616] and "a gentleman of -considerable credit and reputation," would call on Pinckney. Pinckney -had met Hottenguer on a former occasion, probably at The Hague. That -evening this cosmopolitan agent of financiers and foreign offices paid -the expected visit. After a while Hottenguer "whispered ... that he had -a message from Talleyrand." Into the next room went Pinckney and his -caller. There Hottenguer told Pinckney that the Directory were -"exceedingly irritated" at President Adams's speech and that "they -should be softened." - -Indeed, the envoys would not be received, said Hottenguer, unless the -mellowing process were applied to the wounded and angry Directory. He -was perfectly plain as to the method of soothing that sore and sensitive -body--"money" for the pockets of its members and the Foreign Minister -which would be "at the disposal of M. Talleyrand." Also a loan must be -made to France. Becoming still more explicit, Hottenguer stated the -exact amount of financial salve which must be applied in the first step -of the healing treatment required from our envoys--a small bribe of one -million two hundred thousand livres [about fifty thousand pounds -sterling, or two hundred and fifty thousand dollars]. - -"It was absolutely required," reports Marshall, "that we should ... pay -the debts due by contract from France to our citizens ... pay for the -spoliations committed on our commerce ... & make a considerable loan.... -Besides this, added Mr. Hottenguer, there must be something for the -pocket ... for the private use of the Directoire & Minister under the -form of satisfying claims which," says Marshall, "did not in fact -exist."[617] - -Pinckney reported to his colleagues. Again the envoys divided as to the -course to pursue. "I was decidedly of opinion," runs Marshall's -chronicle, "& so expressed myself, that such a proposition could not be -made by a nation from whom any treaty, short of the absolute surrender -of the independence of the United States was to be expected, but that if -there was a possibility of accommodation, to give any countenance -whatever to such a proposition would be certainly to destroy that -possibility because it would induce France to demand from us terms to -which it was impossible for us to accede. I therefore," continues -Marshall, "thought we ought, so soon as we could obtain the whole -information, to treat the terms as inadmissible and without taking any -notice of them to make some remonstrance to the minister on our -situation & on that of our countrymen." Pinckney agreed with Marshall; -Gerry dissented and declared that "the whole negotiation ... would be -entirely broken off if such an answer was given as I [Marshall] had -hinted & there would be a war between the two nations." At last it was -decided to get Hottenguer's proposition in writing.[618] - -When Pinckney so informed Hottenguer, the latter announced that he had -not dealt "immediately with Talleyrand but through another gentleman in -whom Talleyrand had great confidence." Hottenguer had no objection, -however, to writing out his "suggestions," which he did the next -evening.[619] The following morning he advised the envoys that a Mr. -Bellamy, "the confidential friend of M. Talleyrand," would call and -explain matters in person. Decidedly, the fog was thickening. The envoys -debated among themselves as to what should be done. - -"I again urg'd the necessity of breaking off this indirect mode of -procedure," testifies Marshall; but "Mr. Gerry reprobated precipitation, -insisted on further explanations as we could not completely understand -the scope & object of the propositions & conceiv'd that we ought not -abruptly object to them." Marshall and Pinckney thought "that they -[Talleyrand's demands] were beyond our powers & ... amounted to a -surrender of the independence of our country."[620] But Gerry had his -way and the weaving of the spider's web went on. - -Two hours after candlelight that evening Hottenguer and Bellamy entered -Marshall's room where the three Americans were waiting for them; and -Bellamy was introduced as "the confidential friend of M. Talleyrand," of -whom Hottenguer had told the envoys. Bellamy was, says Marshall, "a -genevan now residing in Hamburg but in Paris on a visit."[621] He went -straight to the point. Talleyrand, he confided to the envoys, was "a -friend of America ... the kindness and civilities he had personally -received in America" had touched his heart; and he was burning to "repay -these kindnesses." But what could this anxious friend of America do when -the cruel Directory were so outraged at the American President's address -to Congress that they would neither receive the envoys nor authorize -"Talleyrand to have any communications with" them. - -Bellamy pointed out that under these circumstances Talleyrand could not, -of course, communicate directly with the envoys; but "had authorized" -him to deal with them "and to promise" that the French Foreign Minister -would do his best to get the Directory to receive the Americans if the -latter agreed to Talleyrand's terms. Nevertheless, Bellamy "stated -explicitly and repeatedly that he was clothed with no authority"--he was -not a diplomat, he said, but only the trusted friend of Talleyrand. He -then pointed out the passages from Adams's address[622] which had so -exasperated the French rulers and stated what the envoys must do to make -headway. - -The American envoys, asserted Bellamy, must make "a formal disavowal in -writing ... that ... the speech of the Citizen President," Barras, was -"not offensive" to America; must offer "reparation" for President -Adams's address; must affirm that the decree of the Directory,[623] -which Adams had denounced, was not "contrary to the treaty of 1778"; -must state "in writing" the depredations on American trade "by the -English and French privateers," and must make "a formal declaration" -that Adams in his speech to Congress had not referred to the French -Government or its agents: if all this were done "the French Republic is -disposed to renew their old-time relations with America" by a new treaty -which should place France "with respect to the United States exactly on -the same footing as they [the United States] should be with England." -But, said Bellamy, there must be a secret article of this new treaty -providing for a loan from America to France.[624] - -Impossible as these terms were, the whole business must be preceded by a -bribe. "I will not disguise from you," said Bellamy, "that this -situation being met, the essential part of the treaty remains to be -adjusted.... _You must pay money--you must pay a great deal of money._" -Little was said about the two hundred and fifty thousand dollars bribe; -"that," declare the envoys' dispatches to the American Secretary of -State, "being completely understood on all sides to be required for the -officers of the government, and, therefore, needing no further -explanation." When all these conditions were complied with, said -Bellamy, "M. Talleyrand trusted that, by his influence with the -Directory, he could prevail on the government to receive" the -Americans. For two hours the talk ran on. Before Talleyrand's agents -left, the anxiously hospitable Gerry invited them to breakfast the next -morning. - -Into consultation once more went the envoys. "I pressed strongly," -writes Marshall in his Journal, "the necessity of declaring that the -propositions were totally inadmissible" and that "it was derogatory from -the honor and wounded the real interests of our country to permit -ourselves, while unacknowledg'd, to carry on this clandestine -negotiation with persons who produced no evidence of being authoriz'd by -the Directoire or the Minister to treat with us. Mr. Gerry was quite of -a contrary opinion & the old beaten ground about precipitation &c. was -trodden once again. Gen'l Pinckney advocated decidedly the same opinions -with myself & we determined that the next morning should positively put -an end to these conferences."[625] - -"On our retiring," continues Marshall's narrative, "Mr. Gerry began to -propose further delays & that we shou'd inform them [Talleyrand's -go-betweens] that we wou'd take their propositions into consideration--I -improperly interrupted him & declared that I wou'd not consent to any -proposition of the sort, that the subject was already considered & that -so far as my voice wou'd go I wou'd not permit it to be supposed longer -that we cou'd deliberate on such propositions as were made to us." - -Pinckney agreed with Marshall; but, for harmony's sake, Marshall finally -said that he would return to America to "consult our government" on -this express condition only--"that France should previously and -immediately suspend all depredations upon American commerce." For once, -Gerry assented and a letter was written accordingly.[626] - -Hottenguer was prompt in his engagement to breakfast with Gerry the next -morning; but Bellamy did not come till ten o'clock, explaining that he -had been closeted with Talleyrand. Bellamy was much depressed; the -Directory, he declared, would not receive the envoys until the latter -had disavowed President Adams's speech, _unless_ they "could find the -means to change their [the Directory's] determination in this -particular." What were such "means?" asked the envoys. "I am not -authorized to state them," said Bellamy. "You must search for them and -propose them yourselves." - -Still, Bellamy, merely as an individual, was willing to suggest such -"means." It was money, he explained. The "Directory were jealous of -their own honor and the honor of the nation"; they demanded the same -treatment formerly accorded to the King; and their "honor must be -maintained in the manner required" unless "the envoys substituted ... -something perhaps more valuable, and that was money."[627] - -It was all so simple, according to Bellamy. All that the envoys had to -do was to buy thirty-two million florins of Dutch inscriptions at twenty -shillings to the pound. "It was certain," he assured the Americans, -"that after a time the Dutch Government would repay ... the money, so -that America would ultimately lose nothing" and everybody would be -happy. But even if the envoys made the loan in this way, the bribe of -two hundred and fifty thousand dollars must be paid in addition. -Thereupon the envoys handed him the letter which Marshall had prepared -the night before, which stated that they had no power to make a loan, -but could send one of their number to America for consultation and -instruction. - -Bellamy was "disappointed" and at once modified his language. Why did -the envoys treat the money proposition as coming from the Directory? It -was only his own personal suggestion. Then "what has led to our present -conversation?" asked the envoys. Pinckney recalled Hottenguer's first -visit and the latter confirmed Pinckney's account. - -Upon the envoys stating the differences between France and America, to -settle which was the purpose of their mission, and gently resenting the -demands made upon them, Bellamy became excited. The envoys' conduct was -not to be borne, he exclaimed; let them beware of the resentment of -France. They "could not help it," answered the envoys--the Directory -must look after France; the envoys must look after the United States. - -Bellamy was "in despair." What a provincial view these Americans took of -a diplomatic negotiation! They must broaden their horizon. They must -acquire worldly wisdom. They must remember "the respect which the -Directory required"; they must realize that that august body "would -exact as much as was paid to the ancient kings." The envoys would not be -received without it; that was flat, Bellamy informed them; and "he -seemed to shudder at the consequences." - -Marshall and Pinckney simply would not see the point. But Gerry was a -man of the world who could understand European diplomacy. Marshall -declared that the envoys were there to adjust international differences. -If, however, France "would make war," then, said they: "We regret the -unavoidable necessity of defending ourselves."[628] - -For a little while Talleyrand's leeches dropped away from the perplexed -Americans. Marshall reported to Washington French conditions as he had -observed them up to that time. He confirms to the former President the -American report that French agriculture had been improved "in the course -of the present war":-- - -"In that part of the country through which I have passed the evidences -of plenty abound. The whole earth appears to be in cultivation & the -harvests of the present year appear to be as productive as the fields -which yield them are extensive. - -"I am informed that every part of the country exhibits the same aspect. -If this be the fact, there will probably remain, notwithstanding the -demands of the armies, a surplus of provisions." - -Marshall briefly but clearly analyzes the economic and commercial -outcome of the war:-- - -"Manufactures have declined in the same ratio that the cultivation of -the soil has increas'd. War has been made upon the great manufacturing -towns & they are in a considerable degree destroy'd. With manufactures -France does not supply herself fully from her internal resources. - -"Those of Britain flow in upon her notwithstanding the most severe -prohibitory laws. The port of Rotterdam is purposely left open by the -English & their goods are imported by the Dutch under Prussian and other -neutral colors. They are smuggled in great quantities into France. - -"Peace, then, will find this [French] nation entirely competent to the -full supply of her colonies with provisions and needing manufactures to -be imported for her own consumption.... France can take from America -tobacco & raw cotton she can supply us with wines, brandies & silks." - -Marshall then makes a searching commentary on French politics. - -"The existing political state of France is connected with certain -internal & powerfully operating causes by which it has been & will -continue to be greatly influenc'd. Not the least of these is the tenure -by which property is held. - -"In the course of the revolution it is believed that more than half the -land of France has become national.[629] Of this a very considerable -proportion has been sold at a low rate. - -"It is true that much of it belonged to those who have fallen under the -Guillotine or who have been termed emigrants. Among the emigrants are -many whose attachment to their country has never been shaken; & what is -remarkable, among them are many who were never out of France. The law -upon this subject is worthy of attention. - -"Any two persons, no matter what their reputation, may, to some -authority, I believe the municipality of the district, write & subscribe -against any person whatever a charge, that such person is an emigrant, -on receipt of which the person so charg'd is without further -investigation inscribed on the list of emigrants. - -"If the person so inscribed be afterwards apprehended while his name -remains on the list, the trial, as I understand, is, not of the fact of -emigration, but of the identity of the persons, & if this identity be -established, he is instantly fusiller'd [shot]. The law is either -rightly executed or permitted to be relax'd, as the occasion or the -temper of the times may direct. - -"During intervals of humanity some disposition has been manifested to -permit the return of those who have never offended, who have been -banished by a terror which the government itself has reprobated, & to -permit in case of arrestation, an investigation of the fact of -emigration as well as of the identity of the person accus'd. - -"There is too a great deal of property which has been sold as national -but which in truth was never so, & which may be reclaimed by the -original proprietors. - -"In this state the acquirers of national property are of course -extremely suspicious. They form a vast proportion of the population of -France. They are not only important in consequence of their numbers, but -in consequence of their vigor, their activity & that unity of interest -which produces a unity of effort among them. - -"The armies too have been promised a milliard. This promise rests upon -the national property for its performance. The effect of these -circumstances cannot escape your observation. Classes of citizens are to -be disfranchised against the next election." - -Marshall and Pinckney, at this early stage of Talleyrand's -financial-diplomatic intrigue, were so disgusted that they were on the -point of "returning to America immediately." The continuance of French -depredations on the high seas caused Marshall to write to Washington as -follows:-- - -"The captures of our vessels seem to be only limited by the ability to -capture. That ability is increasing, as the government has let out to -hardy adventurers the national frigates. Among those who plunder us, who -are most active in this infamous business, & most loud in vociferating -criminations equally absurd and untrue, are some unprincipled apostates -who were born in America. - -"These sea rovers by a variety of means seem to have acquired great -influence in the government. - -"This influence will be exerted to prevent an accommodation between the -United States & France and to prevent any regulations which may -intercept the passage of the spoils they have made on our commerce, to -their pockets. The government I believe is too well disposed to promote -their views. At present it seems to me to be radically hostile to our -country. - -"I cou'd wish to form a contrary opinion, but to do so I must shut my -eyes on every object which presents itself to them & fabricate in my own -mind non-existing things, to be substituted for realities, & to form the -basis of my creed. - -"Might I be permitted to hazard an opinion it wou'd be the Atlantic only -can save us, & that no consideration will be sufficiently powerful to -check the extremities to which the temper of this government will carry -it, but an apprehension that we may be thrown into the arms of Britain." - -Although the Treaty of Campo Formio had been signed on the 17th of -October, Paris had not yet heard of it. This treaty marked Bonaparte as -the most constructive diplomat, as well as the foremost captain, of the -age, for such he had already proved himself to be. A week later, when -Marshall wrote the above letter to Washington (October 24, 1797), he -reported that "The negotiations with the Emperor of Austria are said not -to have been absolutely broken off. Yesterday it was said that peace -with him was certain. Several couriers have arrived lately from -Buonaparte & the national debt rose yesterday from seven to ten livres -in the hundred. Whether this is founded on a real expectation of peace -with Austria or is the mere work of stock jobbers is not for me to -decide." - -But three days afterward (October 27) the news reached Paris; and -Marshall adds this postscript: "The definitive peace is made with the -Emperor. You will have seen the conditions. Venice has experienced the -fate of Poland. England is threatened with an invasion."[630] - -The thunders of cannon announcing Bonaparte's success were still rolling -through Paris when Talleyrand's plotters again descended upon the -American envoys. Bellamy came and, Pinckney and Gerry being at the -opera, saw Marshall alone. The triumph of Bonaparte was his theme. The -victorious general was now ready to invade England, announced Bellamy; -but "concerning America not a syllable was said."[631] - -Already Talleyrand, sensitive as any hawk to coming changes in the -political weather, had begun to insinuate himself into the confidence of -the future conqueror of Europe, whose diplomatic right arm he so soon -was to become. The next morning the thrifty Hottenguer again visits the -envoys. Bonaparte's success in the negotiations of Campo Formio, which -sealed the victories of the French arms, has alarmed Hottenguer, he -declares, for the success of the American mission. - -Why, he asks, have the Americans made no proposition to the Directory? -That haughty body "were becoming impatient and would take a decided -course in regard to America" if the envoys "could not soften them," -exclaims Talleyrand's solicitous messenger. Surely the envoys can see -that Bonaparte's treaty with Austria has changed everything, and that -therefore the envoys themselves must change accordingly. - -Exhibiting great emotion, Hottenguer asserts that the Directory have -determined "that all nations should aid them [the French], or be -considered and treated as enemies." Think, he cries, of the "power and -violence of France." Think of the present danger the envoys are in. -Think of the wisdom of "softening the Directory." But he hints that "the -Directory might be made more friendly." Gain time! Gain time! Give the -bribe, and gain time! the wily agent advises the Americans. Otherwise, -France may declare war against America. - -That would be most unfortunate, answer the envoys, but assert that the -present American "situation was more ruinous than a declared war could -be"; for now American "commerce was floundering unprotected." In case of -war "America would protect herself." - -"You do not speak to the point," Hottenguer passionately cries out; "it -is money; it is expected that you will offer money." - -"We have given an answer to that demand," the envoys reply. - -"No," exclaims Hottenguer, "you have not! What is your answer?" - -"It is no," shouts Pinckney; "no; not a sixpence!" - -The persistent Hottenguer does not desist. He tells the envoys that they -do not know the kind of men they are dealing with. The Directory, he -insists, disregard the justice of American claims; care nothing even for -the French colonies; "consider themselves as perfectly invulnerable" -from the United States. Money is the only thing that will interest such -terrible men. The Americans, parrying, ask whether, even if they give -money, Talleyrand will furnish proofs that it will produce results. -Hottenguer evades the question. A long discussion ensues. - -Pay the bribe, again and again urges the irritated but tenacious -go-between. Does not your Government "know that nothing is to be -obtained here without money?" - -"Our Government had not even suspected such a state of things," declare -the amazed Americans. - -"Well," answers Hottenguer, "there is not an American in Paris who could -not have given that information.... Hamburgh and other states of Europe -were obliged to buy peace ... nothing could resist" the power of France; -let the envoys think of "the danger of a breach with her."[632] - -Thus far Pinckney mostly had spoken for the envoys. Marshall now took up -the American case. Few utterances ever made by him more clearly reveal -the mettle of the man; and none better show his conception of the -American Nation's rights, dignity, and station among the Governments of -the world. - -[Illustration: CHARLES COTESWORTH PINCKNEY] - -"I told him [Hottenguer]," writes Marshall, "that ... no nation -estimated her [France's] power more highly than America or wished more -to be on amicable terms with her, but that one object was still dearer -to us than the friendship of France which was our national independence. -That America had taken a neutral station. She had a right to take it. -No nation had a right to force us out of it. That to lend ... money -to a belligerent power abounding in every thing requisite for war but -money was to relinquish our neutrality and take part in the war. To lend -this money under the lash & coercion of France was to relinquish the -government of ourselves & to submit to a foreign government imposed on -us by force," Marshall declared. "That we would make at least one manly -struggle before we thus surrendered our national independence. - -"Our case was different from that of the minor nations of Europe," he -explained. "They were unable to maintain their independence & did not -expect to do so. America was a great, & so far as concerned her -self-defense, a powerful nation. She was able to maintain her -independence & must deserve to lose it if she permitted it to be wrested -from her. France & Britain have been at war for near fifty years of the -last hundred & might probably be at war for fifty years of the century -to come." - -Marshall asserted that "America has no motives which could induce her to -involve herself in those wars and that if she now preserved her -neutrality & her independence it was most probable that she would not in -future be afraid as she had been for four years past--but if she now -surrendered her rights of self government to France or permitted them to -be taken from her she could not expect to recover them or to remain -neutral in any future war."[633] - -For two hours Talleyrand's emissary pleads, threatens, bullies, argues, -expostulates. Finally, he departs to consult with his fellow -conspirator, or to see Talleyrand, the master of both. Thus ran the -opening dialogue between the French bribe procurers and the American -envoys. Day after day, week after week, the plot ran on like a play upon -the stage. "A Mr. Hauteval whose fortune lay in the island of St. -Domingo" called on Gerry and revealed how pained Talleyrand was that the -envoys had not visited him. Again came Hauteval, whom Marshall judged to -be the only one of the agents "solicitous of preserving peace." - -Thus far the envoys had met with the same request, that they "call upon -Talleyrand at private hours." Marshall and Pinckney said that, "having -been treated in a manner extremely disrespectful" to their country, they -could not visit the Minister of Foreign Affairs "in the existing state -of things ... unless he should expressly signify his wish" to see them -"& would appoint a time & place." But, says Marshall, "Mr. Gerry having -known Mr. Talleyrand in Boston considered it a piece of personal respect -to wait on him & said that he would do so."[634] - -Hottenguer again calls to explain how anxious Talleyrand was to serve -the envoys. Make "one more effort," he urges, "to enable him to do so." -Bonaparte's daring plan for the invasion of England was under way and -Hottenguer makes the most of this. "The power and haughtiness of -France," the inevitable destruction of England, the terrible -consequences to America, are revealed to the Americans. "Pay by way of -fees" the two hundred and fifty thousand dollar bribe, and the Directory -would allow the envoys to stay in Paris; Talleyrand would then even -consent to receive them while one of them went to America for -instructions.[635] - -Why hesitate? It was the usual thing; the Portuguese Minister had been -dealt with in similar fashion, argues Hottenguer. The envoys counter by -asking whether American vessels will meanwhile be restored to their -owners. They will not, was the answer. Will the Directory stop further -outrages on American commerce, ask the envoys? Of course not, exclaims -Hottenguer. We do "not so much regard a little money as [you] said," -declare the envoys, "although we should hazard ourselves by giving it -but we see only evidences of the most extreme hostility to us." -Thereupon they go into a long and useless explanation of the American -case. - -Gerry's visit to his "old friend" Talleyrand was fruitless; the Foreign -Minister would not receive him.[636] Gerry persisted, nevertheless, and -finally found the French diplomat at home. Talleyrand demanded the loan, -and held a new decree of the Directory before Gerry, but proposed to -withhold it for a week so that the Americans could think it over. Gerry -hastened to his colleagues with the news. Marshall and Pinckney told -Hauteval to inform Talleyrand "that unless there is a hope that the -Directory itself might be prevailed upon by reason to alter its arrêté, -we do not wish to suspend it for an instant."[637] - -The next evening, when Marshall and Pinckney were away from their -quarters, Bellamy and Hottenguer called on Gerry, who again invited them -to breakfast. This time Bellamy disclosed the fact that Talleyrand was -now intimately connected with Bonaparte and the army in Italy. Let Gerry -ponder over that! "The fate of Venice was one which might befall the -United States," exclaimed Talleyrand's mouthpiece; and let Gerry not -permit Marshall and Pinckney to deceive themselves by expecting help -from England--France could and would attend to England, invade her, -break her, force her to peace. Where then would America be? Thus for an -hour Bellamy and Hottenguer worked on Gerry.[638] - -Far as Talleyrand's agents had gone in trying to force the envoys to -offer a bribe of a quarter of a million dollars, to the Foreign Minister -and Directory, they now went still further. The door of the chamber of -horrors was now opened wide to the stubborn Americans. Personal violence -was intimated; war was threatened. But Marshall and Pinckney refused to -be frightened. - -The Directory, Talleyrand, and their emissaries, however, had not -employed their strongest resource. "Perhaps you believe," said Bellamy -to the envoys, "that in returning and exposing to your countrymen the -unreasonableness of the demands of this government, you will unite them -in their resistance to those demands. You are mistaken; you ought to -know that the diplomatic skill of France and the means she possesses in -your country are sufficient to enable her, with the French party in -America,[639] to throw the blame which will attend the rupture of the -negotiations on the federalists, as you term yourselves, but on the -British party as France terms you. And you may assure yourselves that -this will be done."[640] - -Thus it was out at last. This was the hidden card that Talleyrand had -been keeping back. And it was a trump. Talleyrand managed to have it -played again by a fairer hand before the game was over. Yes, surely; -here was something to give the obstinate Marshall pause. For the envoys -knew it to be true. There was a French party in America, and there could -be little doubt that it was constantly growing stronger.[641] Genêt's -reception had made that plain. The outbursts throughout America of -enthusiasm for France had shown it. The popular passion exhibited, when -the Jay Treaty was made public, had proved it. Adams's narrow escape -from defeat had demonstrated the strength of French sympathy in -America. - -A far more dangerous circumstance, as well known to Talleyrand as it was -to the envoys, made the matter still more serious--the democratic -societies, which, as we have seen, had been organized in great numbers -throughout the United States had pushed the French propaganda with zeal, -system, and ability; and were, to America, what the Jacobin Clubs had -been to France before their bloody excesses. They had already incited -armed resistance to the Government of the United States.[642] Thorough -information of the state of things in the young country across the ocean -had emboldened Barras, upon taking leave of Monroe, to make a direct -appeal to the American people in disregard of their own Government, and, -indeed, almost openly against it. The threat, by Talleyrand's agents, of -the force which France could exert in America, was thoroughly understood -by the envoys. For, as we have seen, there was a French party in -America--"a party," as Washington declared, "determined to advocate -French measures under _all_ circumstances."[643] It was common knowledge -among all the representatives of the American Government in Europe that -the French Directory depended upon the Republican Party in this country. -"They reckon ... upon many friends and partisans among us," wrote the -American Minister in London to the American Minister at The Hague.[644] - -The Directory even had its particular agents in the United States to -inflame the American people against their own Government if it did not -yield to French demands. Weeks before the President, in 1797, had called -Congress in special session on French affairs, "the active and incessant -manoeuvres of French agents in" America made William Smith think that -any favorable action of France "will drive the great mass of knaves & -fools back into her [France's] arms," notwithstanding her piracies upon -our ships.[645] - -On November 1 the envoys again decided to "hold no more indirect -intercourse with" Talleyrand or the Directory. Marshall and Pinckney -told Hottenguer that they thought it "degrading our country to carry on -further such an indirect intercourse"; and that they "would receive no -propositions" except from persons having "acknowledged authority." After -much parrying, Hottenguer again unparked the batteries of the French -party in America. - -He told Marshall and Pinckney that "intelligence had been received from -the United States, that if Colonel Burr and Mr. Madison had constituted -the Mission, the difference between the two nations would have been -accommodated before this time." Talleyrand was even preparing to send a -memorial to America, threatened Hottenguer, complaining that the envoys -were "unfriendly to an accommodation with France." - -The insulted envoys hotly answered that Talleyrand's "correspondents in -America took a good deal on themselves when they undertook to say how -the Directory would have received Colonel Burr and Mr. Madison"; and -they defied Talleyrand to send a memorial to the United States.[646] - -Disgusted with these indirect and furtive methods, Marshall insisted on -writing Talleyrand on the subject that the envoys had been sent to -France to settle. "I had been for some time extremely solicitous" that -such a letter should be sent, says Marshall. "It appears to me that for -three envoys extraordinary to be kept in Paris thirty days without being -received can only be designed to degrade & humiliate their country & to -postpone a consideration of its just & reasonable complaints till future -events in which it ought not to be implicated shall have determined -France in her conduct towards it. Mr. Gerry had been of a contrary -opinion & we had yielded to him but this evening he consented that the -letter should be prepared."[647] - -Nevertheless Gerry again objected.[648] At last the Paris newspapers -took a hand. "It was now in the power of the Administration -[Directory]," says Marshall, "to circulate by means of an enslaved press -precisely those opinions which are agreeable to itself & no printer -dares to publish an examination of them." - -"With this tremendous engine at its will, it [the Directory] almost -absolutely controls public opinion on every subject which does not -immediately affect the interior of the nation. With respect to its -designs against America it experiences not so much difficulty as ... -would have been experienced had not our own countrymen labored to -persuade them that our Government was under a British influence."[649] - -On November 3, Marshall writes Charles Lee: "When I clos'd my last -letter I did not expect to address you again from this place. I -calculated on being by this time on my return to the United States.... -My own opinion is that France wishes to retain America in her present -situation until her negotiation with Britain, which it is believed is -about to recommence, shall have been terminated, and a present absolute -rupture with America might encourage England to continue the war and -peace with England ... will put us more in her [France's] power.... Our -situation is more intricate and difficult than you can believe.... The -demand for money has been again repeated. The last address to us ... -concluded ... that the French party in America would throw all the blame -of a rupture on the federalists.... We were warned of the fate of -Venice. All these conversations are preparing for a public letter but -the delay and the necessity of writing only in cypher prevents our -sending it by this occasion.... I wish you could ... address the -Minister concerning our reception. We despair of doing anything.... Mr. -Putnam an American citizen has been arrested and sent to jail under the -pretext of his cheating frenchmen.... This ... is a mere pretext. It is -considered as ominous toward Americans generally. He like most of them -is a creditor of the [French] government."[650] - -Finally the envoys sent Talleyrand the formal request, written by -Marshall,[651] that the Directory receive them. Talleyrand ignored it. -Ten more days went by. When might they expect an answer? inquired the -envoys. Talleyrand parried and delayed. "We are not yet received," wrote -the envoys to Secretary of State Pickering, "and the condemnation of our -vessels ... is unremittingly continued. Frequent and urgent attempts -have been made to inveigle us again into negotiations with persons not -officially authorized, of which the obtaining of money is the basis; but -we have persisted in declining to have any further communication -relative to diplomatic business with persons of that description."[652] - -Anxious as Marshall was about the business of his mission, which now -rapidly was becoming an intellectual duel between Talleyrand and -himself, he was far more concerned as to the health of his wife, from -whom he had heard nothing since leaving America. Marshall writes her a -letter full of apprehension, but lightens it with a vague account of the -amusements, distractions, and dissipations of the French Capital. - -"I have not, since my departure from the United States," Marshall tells -his wife, "received a single letter from you or from any one of my -friends in America. Judge what anxiety I must feel concerning you. I do -not permit myself for a moment to suspect that you are in any degree to -blame for this. I am sure you have written often to me but unhappily -for me your letters have not found me. I fear they will not. They have -been thrown over board or intercepted. Such is the fate of the greater -number of the letters addressed by Americans to their friends in France, -such I fear will be the fate of all that may be address'd to me. - -"In my last letter I informed you that I counted on being at home in -March. I then expected to have been able to leave this country by -christmas at furthest & such is my impatience to see you & my dear -children that I had determined to risk a winter passage." He asks his -wife to request Mr. Wickham to see that one of Marshall's law cases "may -ly till my return. I think nothing will prevent my being at the chancery -term in May. - -"Oh God," cries Marshall, "how much time & how much happiness have I -thrown away! Paris presents one incessant round of amusement & -dissipation but very little I believe even for its inhabitants of that -society which interests the heart. Every day you may see something new -magnificent & beautiful, every night you may see a spectacle which -astonishes & enchants the imagination. The most lively fancy aided by -the strongest description cannot equal the reality of the opera. All -that you can conceive & a great deal more than you can conceive in the -line of amusement is to be found in this gay metropolis but I suspect it -would not be easy to find a friend. - -"I would not live in Paris," Marshall tells his "dearest Polly" "[if I -could] ... be among the wealthiest of its citizens. I have changed my -lodging much for the better. I liv'd till within a few days in a house -where I kept my own apartments perfectly in the style of a miserable old -bachelor without any mixture of female society. I now have rooms in the -house of a very accomplished a very sensible & I believe a very amiable -Lady whose temper, very contrary to the general character of her country -women, is domestic & who generally sits with us two or three hours in -the afternoon. - -"This renders my situation less unpleasant than it has been but nothing -can make it eligible. Let me see you once more & I ... can venture to -assert that no consideration would induce me ever again to consent to -place the Atlantic between us. Adieu my dearest Polly. Preserve your -health & be happy as possible till the return of him who is ever -yours."[653] - -The American Minister in London was following anxiously the fortunes of -our envoys in Paris, and gave them frequent information and sound -advice. Upon learning of their experiences, King writes that "I will not -allow myself yet to despair of your success, though my apprehensions are -greater than my hopes." King enclosed his Dispatch number 52 to the -American Secretary of State, which tells of the Portuguese Treaty and -the decline of Spain's power in Paris.[654] - -In reply, Pinckney writes King, on December 14, that the Directory "are -undoubtedly hostile to our Government, and are determined, if possible, -to effectuate a change in our administration, and to oblige our present -President [Adams] to resign," and further adds that the French -authorities contemplate expelling from France "every American who could -not prove" that he was for France and against America. - -"Attempts," he continues, "are made to divide the Envoys and with that -view some civilities are shown to Mr. G.[erry] and none to the two -others [Marshall and Pinckney].... The American Jacobins here pay him -[Gerry] great Court."[655] The little New Englander already was yielding -to the seductions of Talleyrand, and was also responsive to the flattery -of a group of unpatriotic Americans in Paris who were buttering their -own bread by playing into the hands of the Directory and the French -Foreign Office. - -Marshall now beheld a stage of what he believed was the natural -development of unregulated democracy. Dramatic events convinced him that -he was witnessing the growth of license into absolutism. Early in -December Bonaparte arrived in Paris. Swiftly the Conqueror had come from -Rastadt, traveling through France _incognito_, after one of his -lightning-flash speeches to his soldiers reminding them of "the Kings -whom you have vanquished, the people upon whom you have conferred -liberty." The young general's name was on every tongue. - -Paris was on fire to see and worship the hero. But Bonaparte kept aloof -from the populace. He made himself the child of mystery. The future -Emperor of the French, clad in the garments of a plain citizen, slipped -unnoticed through the crowds. He would meet nobody but scholars and -savants of world renown. These he courted; but he took care that this -fact was known to the people. In this course he continued until the -stage was set and the cue for his entrance given. - -Finally the people's yearning to behold and pay homage to their -soldier-statesman becomes a passion not to be denied. The envious but -servile Directory yield, and on December 10, 1797, a splendid festival -in Bonaparte's honor is held at the Luxembourg. The scene flames with -color: captured battle-flags as decorations; the members of the -Directory appareled as Roman Consuls; foreign ministers in their -diplomatic costumes; officers in their uniforms; women brilliantly -attired in the height of fashion.[656] At last the victorious general -appears on the arm of Talleyrand, the latter gorgeously clad in the -dress of his high office; but Bonaparte, short, slender, and delicate, -wearing the plainest clothes of the simplest citizen. - -Upon this superb play-acting John Marshall looked with placid wonder. -Here, then, thought this Virginian, who had himself fought for liberty -on many a battlefield, were the first fruits of French revolutionary -republicanism. Marshall beheld no devotion here to equal laws which -should shield all men, but only adoration of the sword-wielder who was -strong enough to rule all men. In the fragile, eagle-faced little -warrior,[657] Marshall already saw the man on horseback advancing out of -the future; and in the thunders of applause he already heard the sound -of marching armies, the roar of shotted guns, the huzzas of charging -squadrons. - -All this was something that Jefferson had not seen. Jefferson's sojourn -in France had been at the time when the French Revolution was just -sprouting; and he foresaw only that beautiful idealism into which the -glorious dreamers of the time fondly imagined the Revolution would -flower. - -But Marshall was in Paris after the guillotine had done its work; when -corruption sat in the highest places of government; and when military -glory in the name of liberty had become the deity of the people. So -where Jefferson expected that the roses of peace would bloom, Marshall -saw clusters of bayonets, as the fruitage of the French Revolution. - - -FOOTNOTES: - -[611] Marshall's Journal, Oct. 15, 4-5. - -[612] Paris made an impression on the envoys as different as their -temperaments. Vans Murray records the effect on Gerry, who had written -to his friends in Boston of "how handsomely they [the envoys] were -received in Paris and how hopeful he is of settlement!!!" - -"Good God--he has mistaken the lamps of Paris for an illumination on his -arrival," writes our alarmed Minister at The Hague, "and the salutations -of fisherwomen for a procession of chaste matrons hailing the great -Pacificator!... His foible is to mistake things of common worldly -politeness for deference to his rank of which he rarely loses the -idea.... Gerry is no more fit to enter the labyrinth of Paris as a -town--alone--than an innocent is, much less formed to play a game with -the political genius of that city ... without some very steady friend at -his elbow.... Of all men in America he is ... the least qualify'd to -play a part in Paris, either among the men or the women--he is too -virtuous for the last--too little acquainted with the world and himself -for the first." (Vans Murray to J. Q. Adams, April 13, 1798; _Letters_: -Ford, 394.) - -[613] Marshall's Journal, 5. - -[614] _Ib._, Oct. 17, 6. - -[615] Probably the same Hottenguer who had helped Marshall's brother -negotiate the Fairfax loan in Amsterdam. (_Supra_, chap. IV.) - -[616] Marshall's Journal, Oct. 17, 6. - -[617] _Am. St. Prs., For. Rel._, ii, 158; Marshall's Journal, 6-7. - -[618] Marshall's Journal, 7-8. - -[619] _Am. St. Prs., For. Rel._, ii, 158. - -[620] Marshall's Journal, Oct. 20, 8-9. - -[621] Marshall's Journal, Oct. 20, 8-9. - -[622] _Supra_, 226. - -[623] Directing the capture of enemy goods on American ships, thus -nullifying the declaration in the Franco-American Treaty that "free -bottoms make free goods." - -[624] _Am. St. Prs., For. Rel._, ii, 159. - -[625] Marshall's Journal, Oct. 20, 10. _Am. St. Prs., For. Rel._, ii, -159. - -[626] Marshall's Journal, Oct. 21, 10-11. - -[627] _Am. St. Prs., For. Rel._, ii, 159-60. - -[628] _Am. St. Prs., For. Rel._, ii, 159-60. - -[629] By "national" lands, Marshall refers to the confiscated estates. - -[630] Marshall to Washington, Paris, Oct. 24 (postscript, 27th), 1797: -_Amer. Hist. Rev._, Jan., 1897, ii, 301-03; also, Washington MSS., Lib. -Cong.; or Sparks MSS., Mass. Hist. Soc. - -[631] Marshall's Journal, Oct. 26, 12. - -[632] _Am. St. Prs., For. Rel._, ii, 161-62. - -[633] Marshall's Journal, Oct. 27, 16-17. This statement of the American -case by Marshall is given in the dispatches, which Marshall prepared as -coming from the envoys generally. (See _Am. St. Prs., For. Rel._, ii, -161-62.) - -[634] Marshall's Journal, Oct. 23, 11-12. - -[635] _Am. St. Prs., For. Rel._, ii, 163; Marshall's Journal, Oct. 29, -21-22. - -[636] Marshall's Journal, Oct. 23, 12. - -[637] Marshall's Journal, Oct. 28, 18-19. - -[638] _Am. St. Prs., For. Rel._, ii, 163. - -[639] "Infinite pains have been taken there [in France] to spread -universally the idea that there are, in America, only two parties, the -one entirely devoted to France and the other to England." (J. Q. Adams -to his father, The Hague, July 2, 1797; _Writings, J. Q. A._: Ford, ii, -181.) - -[640] Marshall's Journal, Oct. 30, 25-26; _Am St. Prs., For. Rel._, 164. - -[641] "The French were extremely desirous of seeing Mr. Jefferson -President; ... they exerted themselves to the utmost in favor of his -election [in 1796]; ... they made a great point of his success." (Harper -to his Constituents, Jan. 5, 1797; _Bayard Papers_: Donnan, 25; and see -_supra_, chaps. I, II, III, and IV, of this volume.) - -[642] See _supra_, chap. III, 86 _et seq._ - -[643] Washington to King, June 25, 1797; King, ii, 194. - -[644] King to Murray, March 31, 1798; _ib._, 294. - -[645] Smith to King, Philadelphia, April 3, 1797; King, ii, 165. - -[646] _Am. St. Prs., For. Rel._, ii, 163-64. - -[647] Marshall's Journal, Nov. 4, 31. - -[648] _Ib._, 31. - -[649] Marshall's Journal, Nov. 8, 33. - -[650] Marshall to Lee, Nov. 3, 1797; MS., Lib. Cong. Lee was -Attorney-General. Marshall's letter was in cipher. - -[651] Marshall to Lee, Nov. 7, 8, 9, 10, and 11; MS., Lib. Cong. - -[652] _Am. St. Prs., For. Rel._, ii, 166. - -[653] Marshall to his wife, Paris, Nov. 27, 1797; MS. - -[654] King to Pinckney, Marshall, and Gerry, Nov. 15, 1797; enclosing -Dispatch no. 52 to Pinckney; King, ii, 240-41. See _ib._, 245; and Dec. -9, 1797; _ib._, 247. - -[655] Pinckney to King, Paris, Dec. 14, 1797; King, ii, 259-60. - -[656] Talleyrand, who gave the fête, wrote: "I spared no trouble to make -it brilliant and attractive; although in this I experienced some -difficulty on account of the vulgarity of the directors' wives who, of -course, enjoyed precedence over all other ladies." (_Memoirs of -Talleyrand_: Broglie's ed., i, 197; also see Sloane: _Life of Napoleon_, -ii, 20; and Lanfrey: _Life of Napoleon_, i, 254-57.) - -[657] "At first sight he [Bonaparte] seemed ... to have a charming face, -so much do the halo of victory, fine eyes, a pale and almost consumptive -look, become a young hero." (_Memoirs of Talleyrand_: Broglie's ed., i, -196.) - - - - -CHAPTER VIII - -THE AMERICAN MEMORIAL - - Separated far from Europe, we mean not to mingle in her quarrels. - (Marshall.) - - A fraudulent neutrality is no neutrality at all. (Marshall.) - - We have a very considerable party in America who are strongly in - our interest. (Madame de Villette.) - - -Four days after the festival of triumph to Bonaparte, Talleyrand's -agents resumed their work. The sordid scenes were repeated, but their -monotony was broken. Now the lady of the plot appeared upon the scene. -In the long, vexed, and fruitless days of their stay in Paris, the -American envoys, it seems, were not without the solace and diversion of -the society of the French Capital. - -Among the attractive feminine acquaintances they made, one was -undoubtedly an agent of the French Foreign Office. Madame de Villette -was one of the most engaging women in the French Capital.[658] -Cultivated, brilliant, and altogether charming, she made herself -particularly agreeable to the American envoys. She and Marshall became -especially good friends; but Madame de Villette ventured no diplomatic -suggestions to him, notwithstanding his easy good nature. She was far -too good a judge of character to commit that indiscretion. So was -Talleyrand, who by this time had begun to appreciate Marshall's -qualities. But Pinckney, hearty, handsome man of the world, but without -Marshall's penetration and adroitness, was another matter. Gerry the -intriguers could already count upon; and only one other member of the -commission was necessary to their ends. Perhaps Pinckney might be won -over by this captivating Frenchwoman. On some occasion Madame de -Villette approached him:-- - -"Why will you not lend us money?" said she to Pinckney. "If you were to -make us a loan, all matters will be adjusted. When you were contending -for your Revolution we lent you money." Pinckney pointed out the -differences--that America had _requested_ a loan of France, and France -now _demanded_ a loan of America. "Oh, no," said she. "We do not make a -demand; we think it more delicate that the offer should come from you; -but M. Talleyrand has mentioned to me (who am surely not in his -confidence) the necessity of your making us a loan, and I know that he -has mentioned it to two or three others; and that you have been informed -of it; and I will assure you that, if you remain here six months longer, -you will not advance a single step further in your negotiations without -a loan." - -If that is so, bluntly answered Pinckney, the envoys might as well leave -at once. "Why," exclaimed Talleyrand's fair agent, "that might possibly -lead to a rupture, which you had better avoid; for we have a very -considerable party in America who are strongly in our interest."[659] - -The fox-like Talleyrand had scented another hole by which he might get -at his elusive quarry. "Every man has his price" was his doctrine; and -his experience hitherto had proved it sound. He found that the brilliant -Paris adventurer, Beaumarchais, had a lawsuit against the State of -Virginia. Beaumarchais had won this suit in the lower court and it was -now pending on appeal. John Marshall was his attorney.[660] Here, then, -thought Talleyrand, was the way to reach this unknown quantity in his -problem. - -On December 17, Marshall, happening into Gerry's apartment, found -Bellamy there. Beaumarchais had given a dinner to Marshall and his -fellow envoys, from which Bellamy had been kept by a toothache. The -envoys had returned Beaumarchais's courtesy; and he had retired from -this dinner "much indisposed."[661] Since then Marshall had not seen his -client. Bellamy casually remarked that he had not known, until within a -short time, that Marshall was the attorney for Beaumarchais, who, he -said, had very high regard for his Virginia attorney. - -Marshall, his lawyer's instincts at once aroused, told Bellamy that -Beaumarchais's case was of very great magnitude and that he was deeply -interested in it. Whereupon, in a low tone, spoken aside for his ear -only, Bellamy told Marshall that, in case the latter won the suit, -Beaumarchais would "sacrifice £50,000 Sterling of it as the private -gratification" demanded by the Directory and Talleyrand, "so that the -gratification might be made without any actual loss to the American -government." Marshall rejected this offer and informed Pinckney of -it.[662] - -Marshall's character is revealed by the entry he promptly made in his -Journal. "Having been originally the Counsel of Mr. de Beaumarchais, I -had determined & so I informed Genl. Pinckney, that I would not by my -voice establish any argument in his favor, but that I would positively -oppose any admission of the claim of any French citizen if not -accompanied with the admission of claims of the American citizens to -property captured and condemned for want of a Rôle d'équipage."[663] - -Bellamy then urged upon Gerry his plan of the Marshall-Beaumarchais -arrangement. Talleyrand had been entertaining Gerry privately, and the -flattered New Englander again wished to call on the French Minister, "to -return the civility" by inviting Talleyrand to dinner.[664] To -Talleyrand, then, went Gerry in company with Bellamy and asked the -Foreign Minister to dine with him. Then Gerry tediously reviewed the -situation, concluding in a manner that must have amused the bored -Talleyrand: He would rather see the envoys depart for some city in -another nation, said Gerry, until the Directory would receive them, than -to stay in Paris under the circumstances. - -Gerry was sure that the French diplomat was alarmed by this stern -threat. "M. Talleyrand appeared to be uneasy at this declaration," he -told his colleagues. Still, Talleyrand avoided "saying a word on it"; -but he did say that Bellamy's representations "might always be relied -on." Talleyrand declared that he would go further; he would himself -write out his propositions. This he proceeded to do, held the writing -before Gerry's eyes and then burned it; after this performance -Talleyrand said he would dine with Gerry "the decade [ten days] after -the present."[665] - -Meanwhile, however, Gerry dined with the Foreign Minister. It was not a -merry function. Aside from his guest of honor, the French Minister also -had at his board Hottenguer, Bellamy, and Hauteval. Gerry could not -speak French and Hauteval acted as translator. It must have been a -pallid feast; the brilliant, witty, accomplished Talleyrand, man of the -world, _bon vivant_, and lover of gayety; the solemn, dull, and rigid -Gerry; the three trained French agents, one of them, as interpreter, the -only means of general communication.[666] On rising from the table, -Hottenguer at once brought up the question of the bribe. Would the -envoys now give it? Had they the money ready? Gerry answered no![667] - -Talleyrand, by now the mouthpiece of the rising Bonaparte, had proposed -terms of peace to Great Britain; "the price was a Bribe of a Million -Sterling to be divided among Directors, Ministers, and others. -Talleyrand's Department was to share one hundred thousand Pounds -Sterling." The British Government declined.[668] - -King in London hastens to inform his American diplomatic associates in -Paris of this offer, and cautions the envoys to act in concert. To -Pinckney, King writes in cipher his anxiety about Gerry, whose integrity -King had hoped would "overcome a miserable vanity and a few little -defects of character ... which I now fear have been discovered by those -who will be assiduous to turn them to mischief." - -From the same source Pinckney is warned: "You must not appear to suspect -what you may really know; ... you must ... save him [Gerry] and, in -doing so, prevent the Division that would grow out of a Schism in your -Commission." Gerry will be all right, thinks King, "unless Pride shall -be put in opposition to Duty, or Jealousy shall mislead a mind neither -ingenuous nor well organized, but habitually suspicious, and, when -assailed by personal vanity, inflexible."[669] - -Pinckney informs King of the situation in Paris on December 27, -declaring "that we ought to request our Passports and no longer exhibit -to the World the unprecedented Spectacle of three Envoys Extraordinary -from a free and independent nation, in vain soliciting to be -heard."[670] - -Marshall now insists that the American case be formally stated to the -French Government. Gerry at last agrees.[671] Marshall, of course, -prepares this vastly important state paper. For two weeks he works over -the first half of this historic document. "At my request Genl. Pinckney -& Mr. Gerry met in my room & I read to them the first part of a letter -to the Minister of Exterior Relations which consisted of a justification -of the American Government,"[672] he relates in his Journal. - -Over the last half of the American case, Marshall spends seven days. -"The Second part of the letter to the Minister of Exterior Relations, -comprehending the claims of the United States upon France, being also -prepared, I read it to Genl Pinckney & Mr. Gerry." Both sections of -Marshall's letter to Talleyrand were submitted to his colleagues for -suggestions.[673] - -It was hard work to get Gerry to examine and sign the memorial. "I had -so repeatedly pressed Mr. Gerry," notes Marshall, "on the subject of our -letter prepared for the Minister of Exterior Relations & manifested such -solicitude for its being so completed as to enable us to send it, that I -had obviously offended. Today I have urged that subject and for the last -time."[674] Two days later Marshall chronicles that "Mr. Gerry finished -the examination of our letter to the Minister of Exterior -Relations."[675] A week later the letter, translated and signed, is -delivered to Talleyrand.[676] - -Upon this memorial were based future and successful American -negotiations,[677] and the statement by Marshall remains to this day one -of the ablest state papers ever produced by American diplomacy. - -Marshall reminds Talleyrand of the frequent and open expressions of -America's regard for France, given "with all the ardor and sincerity of -youth." These, he says, were considered in America "as evidencing a -mutual friendship, to be as durable as the republics themselves." -Unhappily the scene changed, says Marshall, and "America looks around in -vain for the ally or the friend." He pictures the contrast in the -language and conduct of the French Government with what had passed -before, and says that the French charge of American partiality toward -Great Britain is unfounded. - -Marshall then reviews the international situation and makes it so plain -that America could not take part in the European wars, that even -Talleyrand was never able to answer the argument. "When that war [began] -which has been waged with such unparalleled fury," he writes, "which in -its vast vicissitudes of fortune has alternately threatened the very -existence of the conflicting parties, but which, in its progress, has -surrounded France with splendor, and added still more to her glory than -to her territory," America found herself at peace with all the -belligerent Powers; she was connected with some of them by treaties of -amity and commerce, and with France by a treaty of alliance. - -But these treaties, Marshall points out, did not require America to take -part in this war. "Being bound by no duty to enter into the war, the -Government of the United States conceived itself bound by duties, the -most sacred, to abstain from it." Upon the ground that man, even in -different degrees of social development, is still the natural friend of -man, "the state of peace, though unstipulated by treaty," was the only -course America could take. "The laws of nature" enjoined this, Marshall -announces; and in some cases "solemn and existing engagements ... -require a religious observance" of it.[678] - -Such was the moral ground upon which Marshall built his argument, and he -strengthened it by practical considerations. "The great nations of -Europe," he writes, "either impelled by ambition or by existing or -supposed political interests, peculiar to themselves, have consumed more -than a third of the present century in wars." The causes that produced -this state of things "cannot be supposed to have been entirely -extinguished, and humanity can scarcely indulge the hope that the temper -or condition of man is so altered as to exempt the next century from the -ills of the past. Strong fortifications, powerful navies, immense -armies, the accumulated wealth of ages, and a full population, enable -the nations of Europe to support those wars."[679] - -Problems of this character, Marshall explains, must be solved by -European countries, not by the United States. For, "encircled by no -dangerous Powers, they [the Americans] neither fear, nor are jealous of -their neighbors," says Marshall, "and are not, on that account, obliged -to arm for their own safety." He declares that America, separated from -Europe "by a vast and friendly ocean," has "no motive for a voluntary -war," but "the most powerful reasons to avoid it."[680] - -America's great and undefended commerce, made necessary by her then -economic conditions, would be, Marshall contends, the "immediate and -certain victim" of engaging in European wars; and he then demonstrates -the disastrous results to America of departing from her policy of -Neutrality. - -The immense and varied resources of the United States can only be used -for self-defense, reasons the Virginia lawyer. "Neither the genius of -the nation, nor the state of its own finances admit of calling its -citizens from the plough but to defend their own liberty and their own -firesides." - -He then points out that, in addition to the moral wrong and material -disaster of America's taking part in France's wars, such a course means -the launching into the almost boundless ocean of European politics. It -implies "contracting habits of national conduct and forming close -political connections which must have compromitted the future peace of -the nation, and have involved it in all the future quarrels of Europe." - -Marshall then describes the "long train of armies, debts, and taxes, -checking the growth, diminishing happiness, and perhaps endangering the -liberty of the United States, which must have followed." And all this -for what? Not to fulfill America's treaties; "not to promote her own -views, her own objects, her own happiness, her own safety; but to move -as a satellite around some other greater planet, whose laws she must of -necessity obey."[681] - -"It was believed," he declares, "that France would derive more benefit -from the Neutrality of America than from her becoming a party in the -war." Neutrality determined upon, he insists that "increased motives of -honor and of duty commanded its faithful observance.... A fraudulent -neutrality is no neutrality at all.... A ... nation which would be -admitted to its privileges, should also perform the duties it enjoins." - -If the American Government, occupying a neutral position, had granted -"favors unstipulated by treaty, to one of the belligerent Powers which -it refused to another, it could no longer have claimed the immunities of -a situation of which the obligations were forgotten; it would have -become a party to the war as certainly as if war had been openly and -formally declared, and it would have added to the madness of wantonly -engaging in such a hazardous conflict, the dishonor of insincere and -fraudulent conduct; it would have attained, circuitously, an object -which it could not plainly avow or directly pursue, and would have -tricked the people of the United States into a war which it would not -venture openly to declare." - -Then follows this keen thrust which Talleyrand could not evade: "It was -a matter of real delight to the government and people of America," -suavely writes Marshall, "to be informed that France did not wish to -interrupt the peace they [the American people] enjoyed." - -Marshall then makes a sudden and sharp attack memorable in the records -of diplomatic dueling. He calls attention to the astounding conduct of -the French Minister on American soil immediately after the American -Government had proclaimed its Neutrality to the world and had notified -American citizens of the duties which that Neutrality enjoined. In -polite phrase he reminds Talleyrand of Genêt's assumption of "the -functions of the government to which he was deputed, ... although he was -not even acknowledged as a minister or had reached the authority which -should inspect his credentials." - -But, notwithstanding this, says Marshall, "the American Government -resolved to see in him [Genêt] only the representative of a republic to -which it was sincerely attached" and "gave him the same warm and cordial -reception which he had experienced from its citizens without a single -exception from Charleston to Philadelphia." - -Two paragraphs follow of fulsome praise of France, which would seem to -have been written by Gerry, who insisted on revising the memorial.[682] -But in swift contrast Marshall again throws on the screen the -indefensible performances of the French Minister in America and the -tolerance with which the American Government treated them. "In what -manner would France have treated any foreign minister, who should have -dared to so conduct himself toward this republic?... In what manner -would the American Government have treated him [Genêt] had he been the -representative of any other nation than France?" - -No informed man can doubt the answer to these questions, says Marshall. -"From the Minister of France alone could this extraordinary conduct be -borne with temper." But "to have continued to bear it without perceiving -its extreme impropriety would have been to have merited the contempt" of -the world and of France herself. "The Government of the United States -did feel it," declares Marshall, but did not attribute Genêt's -misconduct to the French Nation. On the contrary, the American -Government "distinguished strongly between the [French] Government and -its Minister," and complained "in the language of a friend afflicted but -not irritated." Genêt's recall "was received with universal joy" in -America, "as a confirmation that his ... conduct was attributable only -to himself"; and "not even the publication of his private instructions -could persuade the American Government to ascribe any part of it to this -[French] republic."[683] - -Marshall further points out "the exertions of the United States to pay -up the arrearages" of their debt to France; America's "disinterested and -liberal advances to the sufferers of St. Domingo ... whose -recommendation was that they were Frenchmen and unfortunate"; and other -acts of good-will of the American Government toward the French Republic. - -He then makes a characteristically clear and convincing argument upon -the points at issue between France and America. France complained that -one article of the Jay Treaty provided that in case of war the property -of an enemy might be taken by either out of the ships of the other; -whereas, by the Treaty of 1778 between France and America, neither party -should take out of the vessels of the other the goods of its enemy. -France contended that this was a discrimination against her in favor of -Great Britain. Marshall shows that this provision in the Jay Treaty was -merely the statement of the existing law of nations, and that therefore -the Jay Treaty gave no new rights to Great Britain. - -Marshall reminds Talleyrand that any two nations by treaty have the -power to alter, as to their mutual intercourse, the usages prescribed by -international law; that, accordingly, France and America had so changed, -as between themselves, the law of nations respecting enemy's goods in -neutral bottoms. He cites the ordinance of France herself in 1744 and -her long continued practice under it; and he answers so overwhelmingly -the suggestion that the law of nations had not been changed by the rules -laid down by the "Armed Neutrality" of the Northern Powers of Europe in -the war existing at the time of that confederation, that the resourceful -Talleyrand made no pretense of answering it. - -The stipulation in the Franco-American Treaty of "protecting the goods -of the enemy of either party in the vessels of the other, and in turn -surrendering its own goods found in the vessels of the enemy," extended, -Marshall insists, to no other nation except to France and America; and -contends that this could be changed only by further specific agreements -between those two nations. - -Marshall wishes "that the principle that neutral bottoms shall make -neutral goods" were universally established, and declares that that -principle "is perhaps felt by no nation on earth more strongly than by -the United States." On this point he is emphatic, and reiterates that -"no nation is more deeply interested in its establishment" than America. -"It is an object they [the United States] have kept in view, and which, -if not forced by violence to abandon it, they will pursue in such manner -as their own judgment may dictate as being best calculated to attain -it." - -"But," he says, "the wish to establish a principle is essentially -different from a determination that it is already established.... -However solicitous America might be to pursue all proper means, tending -to obtain for this principle the assent of any or all of the maritime -Powers of Europe, she never conceived the idea of attaining that consent -by force."[684] "The United States will only arm to defend their own -rights," declares Marshall; "neither their policy nor their interests -permit them to arm, in order to compel a surrender of the rights of -others." - -He then gives the history of the Jay Treaty, and points out that Jay's -particular instructions not to preserve peace with Great Britain, "nor -to receive compensations for injuries sustained, nor security against -their future commission, at the expense of the smallest of its -[America's] engagements to France,"[685] were incorporated in the treaty -itself, in the clause providing that "nothing in this treaty shall, -however, be construed or operate contrary to former and existing public -treaties with other sovereignties or states."[686] So careful, in fact, -was America to meet the views of France that "previous to its -ratification" the treaty was submitted to the French Minister to the -United States, who did not even comment on the article relating to -enemy's goods in neutral bottoms, but objected only to that enlarging -the list of contraband;[687] and the American Government went to extreme -lengths to meet the views of the French Minister, who finally appeared -to be satisfied. - -The articles of contraband enumerated in the Jay Treaty, to which the -French Government objected, says Marshall, were contraband by the laws -of nations and so admitted by France herself in her treaties with other -countries.[688] - -Answering the charge that in the treaty the United States had agreed -that more articles should be contraband than she had in compacts with -other Powers, Marshall explains that "the United States, desirous of -liberating commerce, have invariably seized every opportunity which -presented itself to diminish or remove the shackles imposed on that of -neutrals. In pursuance of this policy, they have on no occasion -hesitated to reduce the list of contraband, as between themselves and -any nation consenting to such reduction. Their preëxisting treaties have -been with nations as willing as themselves to change this old rule." But -these treaties leave other governments, who do not accept the American -policy, "to the law which would have governed had such particular -stipulation never been made"--that is, to the law of nations. - -Great Britain declined to accept this American view of the freedom of -the seas; and, therefore, America was forced to leave that nation where -it had found her on the subject of contraband and freedom of ocean-going -commerce. Thus, contends Marshall, the Jay Treaty "has not added to the -catalog of contraband a single article ... ceded no privilege ... -granted no right," nor changed, in the most minute circumstance, the -preëxisting situation of the United States in relation either to France -or to Great Britain. Notwithstanding these truths, "the Government of -the United States has hastened to assure its former friend [France], -that, if the stipulations between them are found oppressive in practice, -it is ready to offer up those stipulations a willing sacrifice at the -shrine of friendship."[689] - -Stating the general purposes of the United States, Marshall strikes at -the efforts of France to compel America to do what France wishes and in -the manner that France wishes, instead of doing what American interests -require and in the manner America thinks wisest. - -The American people, he asserts, "must judge exclusively for themselves -how far they will or ought to go in their efforts to acquire new rights -or establish new principles. When they surrender this privilege, they -cease to be independent, and they will no longer deserve to be free. -They will have surrendered into other hands the most sacred of -deposits--the right of self-government; and instead of approbation, they -will merit the contempt of the world."[690] - -Marshall states the economic and business reasons why the United States, -of all countries, must depend upon commerce and the consequent necessity -for the Jay Treaty. He tartly informs Talleyrand that in doing so the -American Government was "transacting a business exclusively its own." -Marshall denies the insinuation that the negotiations of the Jay Treaty -had been unusually secret, but sarcastically observes that "it is not -usual for nations about to enter into negotiations to proclaim to others -the various objects to which those negotiations may possibly be -directed. Such is not, nor has it ever been, the principle of France." -To suppose that America owed such a duty to France, "is to imply a -dependence to which no Government ought willingly to submit."[691] - -Marshall then sets forth specifically the American complaints against -the French Government,[692] and puts in parallel columns the words of -the Jay Treaty to which the French objected, and the rules which the -French Directory pretended were justified by that treaty. So strong is -Marshall's summing up of the case in these portions of the American -memorial that it is hard for the present-day reader to see how even the -French Directory of that lawless time could have dared to attempt to -withstand it, much less to refuse further negotiations. - -Drawing to a conclusion, Marshall permits a lofty sarcasm to lighten his -weighty argument. "America has accustomed herself," he observes, "to -perceive in France only the ally and the friend. Consulting the feelings -of her own bosom, she [America] has believed that between republics an -elevated and refined friendship could exist, and that free nations were -capable of maintaining for each other a real and permanent affection. If -this pleasing theory, erected with so much care, and viewed with so much -delight, has been impaired by experience, yet the hope continues to be -cherished that this circumstance does not necessarily involve the -opposite extreme."[693] - -Then, for a moment, Marshall indulges his eloquence: "So intertwined -with every ligament of her heart have been the cords of affection which -bound her to France, that only repeated and continued acts of hostility -can tear them asunder."[694] - -Finally he tells Talleyrand that the American envoys, "searching only -for the means of effecting the objects of their mission, have permitted -no personal considerations to influence their conduct, but have waited, -under circumstances beyond measure embarrassing and unpleasant, with -that respect which the American Government has so uniformly paid to that -of France, for permission to lay before you, citizen Minister, these -important communications with which they have been charged." But, "if no -such hope" remains, "they [the envoys] have only to pray that their -return to their own country may be facilitated."[695] - -But Marshall's extraordinary power of statement and logic availed -nothing with Talleyrand and the Directory. "I consider Marshall, whom I -have heard speak on a great subject,[696] as one of the most powerful -reasoners I ever met with either in public or in print," writes William -Vans Murray from The Hague, commenting on the task of the envoys. -"Reasoning in such cases will have a fine effect in America, but to -depend upon it in Europe is really to place Quixote with Ginés de -Passamonte and among the men of the world whom he reasoned with, and so -sublimely, on their way to the galleys. They answer him, with you know -stones and blows, though the Knight is an _armed_ as well as an eloquent -Knight."[697] - -The events which had made Marshall and Pinckney more resolute in -demanding respectful treatment had made Gerry more pliant to French -influence. "Mr. Gerry is to see Mr. Talleyrand the day after to-morrow. -Three appointments have been made by that gentleman," Marshall notes in -his Journal, "each of which Mr. Gerry has attended and each of which Mr. -Talleyrand has failed to attend; nor has any apology for these -disappointments been thought necessary."[698] Once more Gerry waits on -Talleyrand, who remains invisible.[699] And now again Beaumarchais -appears. The Directory issues more and harsher decrees against American -commerce. Marshall's patience becomes finite. "I prepared to-day a -letter to the Minister remonstrating against the decree, ... subjecting -to confiscation all neutral vessels having on board any article coming -out of England or its possessions." The letter closes by "requesting our -passports."[700] - -[Illustration: ELBRIDGE GERRY] - -Marshall's memorial of the American case remained unread. One of -Talleyrand's many secretaries asked Gerry "what it contained? (for they -could not take the trouble to read it) and he added that such long -letters were not to the taste of the French Government who liked a short -address coming straight to the point."[701] Gerry, who at last saw -Talleyrand, "informed me [Marshall] that communications & propositions -had been made to him by that Gentleman, which he [Gerry] was not at -liberty to impart to Genl Pinckney or myself." Upon the outcome of his -secret conferences with Talleyrand, said Gerry, "probably depended peace -or war."[702] - -Gerry's "communication necessarily gives birth to some very serious -reflections," Marshall confides to his Journal. He recalls the attempts -to frighten the envoys "from our first arrival"--the threats of "a -variety of ills ... among others with being ordered immediately to -quit France," none of them carried out; "the most haughty & hostile -conduct ... towards us & our country and yet ... an unwillingness ... to -profess the war which is in fact made upon us."[703] - -A French agent, sent by the French Consul-General in America, just -arrived in Paris, "has probably brought with him," Marshall concludes, -"accurate details of the state of parties in America.... I should think -that if the French Government continues its hostility and does not relax -some little in its hauteur its party in the United States will no longer -support it. I suspect that some intelligence of this complexion has been -received ... whether she [France] will be content to leave us our -Independence if she can neither cajole or frighten us out of it or will -even endeavor to tear it from us by open war there can be no doubt of -her policy in one respect--she will still keep up and cherish, if it be -possible, ... her party in the United States." Whatever course France -takes, Marshall thinks will be "with a view to this her primary object." - -Therefore, reasons Marshall, Talleyrand will maneuver to throw the blame -on Pinckney and himself if the mission fails, and to give Gerry the -credit if it succeeds. "I am led irresistibly by this train of thought -to the opinion that the communication made to Mr. Gerry in secret is a -proposition to furnish passports to General Pinckney and myself and to -retain him for the purpose of negotiating the differences between the -two Republics." This would give the advantage to the French party in any -event. - -"I am firmly persuaded of his [Talleyrand's] unwillingness to dismiss us -while the war with England continues in its present uncertain state. He -believed that Genl Pinckney and myself are both determined to remain no -longer unless we can be accredited." Gerry had told Marshall that he -felt the same way; "but," says Marshall, "I am persuaded the Minister -[Talleyrand] does not think so. He would on this account as well as on -another which has been the base of all propositions for an accommodation -[the loan and the bribe] be well pleased to retain only one minister and -to chuse that one [Gerry]."[704] - -Marshall and Pinckney decided to let Gerry go his own gait. "We shall -both be happy if, by remaining without us, Mr. Gerry can negotiate a -treaty which shall preserve the peace without sacrificing the -independence of our country. We will most readily offer up all personal -considerations as a sacrifice to appease the haughtiness of this -Republic."[705] - -Marshall gave Gerry the letter on the decree and passport question "and -pressed his immediate attention to it." But Gerry was too excited by his -secret conferences with Talleyrand to heed it. Time and again Gerry, -bursting with importance, was closeted with the Foreign Minister, -hinting to his colleagues that he held peace or war in his hand. -Marshall bluntly told him that Talleyrand's plan now was "only to -prevent our taking decisive measures until the affairs of Europe shall -enable France to take them. I have pressed him [Gerry] on the subject of -the letter concerning the Decree but he has not yet read it."[706] - -Talleyrand and Gerry's "private intercourse still continues," writes -Marshall on February 10. "Last night after our return from the Theatre -Mr. Gerry told me, just as we were separating to retire each to his own -apartment, that he had had in the course of the day a very extraordinary -conversation with" a clerk of Talleyrand. It was, of course, secret. -Marshall did not want to hear it. Gerry said he could tell his -colleagues that it was on the subject of money. Then, at last, -Marshall's restraint gave way momentarily and his anger, for an instant, -blazed. Money proposals were useless; Talleyrand was playing with the -Americans, he declared. "Mr. Gerry was a little warm and the -conversation was rather unpleasant. A solicitude to preserve harmony -restrained me from saying all I thought."[707] - -Money, money, money! Nothing else would do! Gerry, by now, was for -paying it. No answer yet comes to the American memorial delivered to -Talleyrand nearly three weeks before. Marshall packs his belongings, in -readiness to depart. An unnamed person[708] calls on him and again -presses for money; France is prevailing everywhere; the envoys had -better yield; why resist the inevitable, with a thousand leagues of -ocean between them and home? Marshall answers blandly but crushingly. - -Again Talleyrand's clerk sees Gerry. The three Americans that night talk -long and heatedly. Marshall opposes any money arrangement; Gerry urges -it "very decidedly"; while Pinckney agrees with Marshall. Gerry argues -long about the horrors of war, the expense, the risk. Marshall presents -the justice of the American cause. Gerry reproaches Marshall with being -too suspicious. Marshall patiently explains, as to a child, the real -situation. Gerry again charges Marshall and Pinckney with undue -suspicion. Marshall retorts that Gerry "could not answer the argument -but by misstating it." The evening closes, sour and chill.[709] - -The next night the envoys once more endlessly debate their course. -Marshall finally proposes that they shall demand a personal meeting with -Talleyrand on the real object of the mission. Gerry stubbornly dissents -and finally yields, but indulges in long and childish discussion as to -what should be said to Talleyrand, confusing the situation with every -word.[710] Talleyrand fixes March 2 for the interview. - -The following day Marshall accidentally discovers Gerry closeted with -Talleyrand's clerk, who came to ask the New Englander to attend -Talleyrand "in a particular conversation." Gerry goes, but reports that -nothing important occurred. Then it comes out that Talleyrand had -proposed to get rid of Marshall and Pinckney and keep Gerry. Gerry -admits it. Thus Marshall's forecast made three weeks earlier[711] is -proved to have been correct. - -At last, for the first time in five months, the three envoys meet -Talleyrand face to face. Pinckney opens and Talleyrand answers. Gerry -suggests a method of making the loan, to which Talleyrand gives -qualified assent. The interview seems at an end. Then Marshall comes -forward and states the American case. There is much parrying for an -hour.[712] - -The envoys again confer. Gerry urges that their instructions permit them -to meet Talleyrand's demands. He goes to Marshall's room to convince the -granite-like Virginian, who would not yield. "I told him," writes -Marshall, "that my judgment was not more perfectly convinced that the -floor was wood or that I stood on my feet and not on my head than that -our instructions would not permit us to make the loan required."[713] -Let Gerry or Marshall or both together return to America and get new -instructions if a loan must be made. - -Two days later, another long and absurd discussion with Gerry occurs. -Before the envoys go to see Talleyrand the next day, Gerry proposes to -Marshall that, with reference to President Adams's speech, the envoys -should declare, in any treaty made, "that the complaints of the two -governments had been founded in mistake." Marshall hotly retorts: "With -my view of things, I should tell an absolute lye if I should say that -our complaints were founded in mistake. He [Gerry] replied hastily and -with warmth that he wished to God, I would propose something which was -accommodating: that I would propose nothing myself and objected to every -thing which he proposed. I observed that it was not worth while to talk -in that manner: that it was calculated to wound but not to do good: that -I had proposed every thing which in my opinion was calculated to -accommodate differences on just and reasonable grounds. He said that ... -to talk about justice was saying nothing: that I should involve our -country in a war and should bring it about in such a manner, as to -divide the people among themselves. I felt a momentary irritation, which -I afterwards regretted, and told Mr. Gerry that I was not accustomed to -such language and did not permit myself to use it with respect to him -or his opinions." - -Nevertheless, Marshall, with characteristic patience, once more begins -to detail his reasons. Gerry interrupts--Marshall "might think of him -[Gerry] as I [he] pleased." Marshall answers moderately. Gerry softens -and "the conversation thus ended."[714] - -Immediately after the bout between Marshall and Gerry the envoys saw -Talleyrand for a third time. Marshall was dominant at this interview, -his personality being, apparently, stronger even than his words. These -were strong enough--they were, bluntly, that the envoys could not and -would not accept Talleyrand's proposals. - -A week later Marshall's client, Beaumarchais, called on his American -attorney with the alarming news that "the effects of all Americans in -France were to be Sequestered." Pay the Government money and avoid this -fell event, was Beaumarchais's advice; he would see Talleyrand and call -again. "Mr. Beaumarchais called on me late last evening," chronicles -Marshall. "He had just parted from the Minister. He informed me that he -had been told confidentially ... that the Directory were determined to -give passports to General Pinckney and myself but to retain Mr. Gerry." -But Talleyrand would hold the order back for "a few days to give us time -to make propositions conforming to the views of the Government," which -"if not made Mr. Talleyrand would be compelled to execute the order." - -"I told him," writes Marshall, "that if the proposition ... was a loan -it was perfectly unnecessary to keep it [the order] up [back] a single -day: that the subject had been considered for five months" and that the -envoys would not change; "that for myself, if it were impossible to -effect the objects of our mission, I did not wish to stay another day in -France and would as cheerfully depart the next day as at any other -time."[715] - -Beaumarchais argued and appealed. Of course, France's demand was not -just--Talleyrand did not say it was; but "a compliance would be useful -to our country [America]." "France," said Beaumarchais, "thought herself -sufficiently powerful to give the law to the world and exacted from all -around her money to enable her to finish successfully her war against -England." - -Finally, Beaumarchais, finding Marshall flint, "hinted" that the envoys -themselves should propose which one of them should remain in France, -Gerry being the choice of Talleyrand. Marshall countered. If two were to -return for instructions, the envoys would decide that for themselves. If -France was to choose, Marshall would have nothing to do with it. - -"General Pinckney and myself and especially me," said Marshall, "were -considered as being sold to the English." Beaumarchais admitted "that -our positive refusal to comply with the demands of France was attributed -principally to me who was considered as entirely English.... I felt some -little resentment and answered that the French Government thought no -such thing; that neither the government nor any man in France thought me -English: but they knew I was not French: they knew I would not sacrifice -my duty and the interest of my country to any nation on earth, and -therefore I was not a proper man to stay, and was branded with the -epithet of being English: that the government knew very well I loved my -own country exclusively, and it was impossible to suppose any man who -loved America, fool enough to wish to engage her in a war with France if -that war was avoidable." - -Thus Marshall asserted his purely American attitude. It was a daring -thing to do, considering the temper of the times and the place where he -then was. Even in America, at that period, any one who was exclusively -American and, therefore, neutral, as between the European belligerents, -was denounced as being British at heart. Only by favoring France could -abuse be avoided. And to assert Neutrality in the French Capital was, of -course, even more dangerous than to take this American stand in the -United States. - -But Beaumarchais persisted and proposed to take passage with his -attorney to America; not on a public mission, of course (though he had -hinted at wishing to "reconcile" the two governments), but merely "to -testify," writes Marshall, "to the moderation of my conduct and to the -solicitude I had uniformly expressed to prevent a rupture with France." - -Beaumarchais "hinted very plainly," continues Marshall, "at what he had -before observed that means would be employed to irritate the people of -the United States against me and that those means would be successful. I -told him that I was much obliged to him but that I relied entirely on my -conduct itself for its justification and that I felt no sort of -apprehension for consequences, as they regarded me personally; that in -public life considerations of that sort never had and never would in any -degree influence me. We parted with a request, on his part, that, -whatever might arise, we would preserve the most perfect temper, and -with my assuring him of my persuasion that our conduct would always -manifest the firmness of men who were determined, and never the violence -of passionate men." - -"I have been particular," concludes Marshall, "in stating this -conversation, because I have no doubt of its having been held at the -instance of the Minister [Talleyrand] and that it will be faithfully -reported to him. I mentioned to-day to Mr. Gerry that the Government -wished to detain him and send away General Pinckney and myself. He said -he would not stay; but I find I shall not succeed in my efforts to -procure a Serious demand of passports for Mr. Gerry and myself."[716] - -During his efforts to keep Gerry from dangerously compromising the -American case, and while waiting for Talleyrand to reply to his -memorial, Marshall again writes to Washington a letter giving a survey -of the war-riven and intricate European situation. He tells Washington -that, "before this reaches you it will be known universally in -America[717] that scarcely a hope remains of" honorable adjustment of -differences between France and America; that the envoys have not been -and will not be "recognized" without "acceding to the demands of -France ... for money--to be used in the prosecution of the present war"; -that according to "reports," when the Directory makes certain that the -envoys "will not add a loan to the mass of American property already in -the hands of this [French] government, they will be ordered out of -France and a nominal [formally declared] as well as actual war will be -commenc'd against the United States."[718] - -Marshall goes on to say that his "own opinion has always been that this -depends on the state of war with England"; the French are absorbed in -their expected attack on Great Britain; "and it is perhaps justly -believed that on this issue is stak'd the independence of Europe and -America." He informs Washington of "the immense preparations for an -invasion" of England; the "numerous and veteran army lining the coast"; -the current statement that if "50,000 men can be" landed "no force in -England will be able to resist them"; the belief that "a formidable and -organized party exists in Britain, ready, so soon as a landing shall be -effected, to rise and demand a reform"; the supposition that England -then "will be in ... the situation of the batavian and cisalpine -republics and that its wealth, its commerce, and its fleets will be at -the disposition of this [French] government." - -But, he continues, "this expedition is not without its hazards. An army -which, arriving safe, would sink England, may itself be ... sunk in the -channel.... The effect of such a disaster on a nation already tir'd of -the war and groaning under ... enormous taxation" and, intimates -Marshall, none too warm toward the "existing arrangements ... might be -extremely serious to those who hold the reins of government" in France. -Many intelligent people therefore think, he says, that the "formidable -military preparations" for the invasion of England "cover and favor -secret negotiations for peace." This view Marshall himself entertains. - -He then briefly informs Washington of Bonaparte's arrangement with -Austria and Prussia which will "take from England, the hope of once more -arming" those countries "in her favor," "influence the secret [French] -negotiations with England," and greatly affect "Swisserland." Marshall -then gives an extended account of the doings and purposes of the French -in Switzerland, and refers to revolutionary activities in Sardinia, -Naples, and Spain. - -But notwithstanding the obstacles in its way, he concludes that "the -existing [French] government ... needs only money to enable it to effect -all its objects. A numerous brave and well disciplined army seems to be -devoted to it. The most military and the most powerful nation on earth -[the French] is entirely at its disposal.[719] Spain, Italy, and -Holland, with the Hanseatic towns, obey its mandates." - -But, says he, it is hard to "procure funds to work this vast machine. -Credit being annihilated ... the enormous contributions made by foreign -nations," together with the revenue from imposts, are not enough to meet -the expenses; and, therefore, "France is overwhelmed with taxes. The -proprietor complains that his estate yields him nothing. Real property -pays in taxes nearly a third of its produce and is greatly reduc'd in -its price."[720] - -While Marshall was thus engaged in studying French conditions and -writing his long and careful report to Washington, Talleyrand was in no -hurry to reply to the American memorial. Indeed, he did not answer until -March 18, 1798, more than six weeks after receiving it. The French -statement reached Marshall and Pinckney by Gerry's hands, two days after -its date. "Mr. Gerry brought in, just before dinner, a letter from the -Minister of exterior relations," writes Marshall, "purporting to be an -answer to our long memorial criminating in strong terms our government -and ourselves, and proposing that two of us should go home leaving for -the negotiation the person most acceptable to France. The person is not -named but no question is entertained that Mr. Gerry is alluded to. I -read the letter and gave it again to Mr. Gerry."[721] - -The next day the three envoys together read Talleyrand's letter. Gerry -protests that he had told the French Foreign Minister that he would not -accept Talleyrand's proposal to stay, "That," sarcastically writes -Marshall, "is probably the very reason why it was made." Talleyrand's -clerk calls on Gerry the next morning, suggesting light and innocent -duties if he would remain. No, theatrically exclaims Gerry, I "would -sooner be thrown into the Seine."[722] But Gerry remained. - -It is impossible, without reading Talleyrand's answer in full, to get an -idea of the weak shiftiness to which that remarkable man was driven in -his reply to Marshall. It was, as Pinckney said, "weak in argument, but -irritating and insulting in style."[723] The great diplomat complains -that the Americans have "claimed the right to take cognizance of the -validity of prizes carried into the ports of the United States by French -cruisers"; that the American Government permitted "any vessels to put -into the ports of the United States after having captured the property -of ships belonging to French citizens"; that "a French corvette had -anchored at Philadelphia and was seized by the Americans"; and that the -Jay Treaty was hostile to France. - -But his chief complaint was with regard to the American newspapers -which, said Talleyrand, "have since the treaty redoubled the invectives -and calumnies against the [French] republic, and against her -principles, her magistrates, and her envoys";[724] and of the fact that -the American Government might have, but did not, repress "pamphlets -openly paid for by the Minister of Great Britain" which contained -"insults and calumnies." So far from the American Government stopping -all this, snarls Talleyrand, it encouraged "this scandal in its public -acts" and, through its President, had denounced the French Directory as -endeavoring to propagate anarchy and division within the United States. - -Talleyrand then openly insults Marshall and Pinckney by stating that it -was to prevent the restoration of friendship that the American -Government had sent "to the French republic persons whose opinions and -connections are too well known to hope from them dispositions sincerely -conciliatory." Appealing directly to the French party in the United -States, he declares that he "does not hesitate to believe that the -American nation, like the French nation, sees this state of affairs with -regret, and does not consider its consequences without sorrow. He -apprehends that the American people will not commit a mistake concerning -the prejudices with which it has been desired to inspire them against an -allied people, nor concerning the engagements which it seems to be -wished to make them contract to the detriment of an alliance, which so -powerfully contributed to place them in the rank of nations, and to -support them in it; and that they will see in these new combinations -the only dangers their prosperity and importance can incur."[725] - -Finally, with cynical effrontery, Talleyrand actually proposes that -Gerry alone shall conduct the negotiations. "Notwithstanding the kind of -prejudice which has been entertained with respect to them [the envoys], -the Executive Directory is disposed to treat with that one of the three, -whose opinions, presumed to be more impartial, promise, in the course of -explanations, more of that reciprocal confidence which is -indispensable."[726] - -Who should answer Talleyrand? Marshall, of course. "It was agreed ... -that I should ... prepare an answer ... in which I should state that no -one of the ministers could consent to remain on a business committed to -all three."[727] In the discussion leading to this decision, "I," writes -Marshall, "was perfectly silent." Again Dutrimond, a clerk of -Talleyrand's, calls on Gerry, but sees Marshall instead, Gerry being -absent. - -Dutrimond's advice to Marshall is to leave France. The truth is, he -declares, that his chief must order the envoys out of France "in three -days at farthest." But spare them Gerry; let him remain--all this in -polite terms and with plausible argument. "I told him," relates -Marshall, "that personally nothing could be more desirable to me than to -return immediately to the United States." - -Then go on your own initiative, urges Talleyrand's clerk. Marshall grows -evasive; for he wishes the Directory to order his departure. A long -talk ensues. Dutrimond leaves and Gerry returns. Marshall relates what -had passed. "To prevent war I will stay," exclaims Gerry. "I made no -observation on this," dryly observes Marshall in his Journal.[728] - -Beaumarchais again tries his luck with Marshall, who replies that he -will go home by "the direct passage to America" if he can get -safe-conduct, "tho' I had private business of very considerable -consequence in England."[729] Otherwise, declares Marshall, "I should -embark immediately for England." That would never do, exclaims -Beaumarchais; it would enrage the Directory and subject Marshall to -attacks at home. Marshall remarks that he prefers to sail direct, -although he knows "that the captains of privateers had received orders -to cruise for us ... and take us to the West Indies."[730] - -Beaumarchais sees Talleyrand and reports that the Foreign Minister is -horrified at the thought of Marshall's returning by way of England; it -would "irritate this government" and delay "an accommodation"; it would -blast Marshall's reputation; the Directory "would immediately -publish ... that I was gone to England to receive the wages I had -earned by breaking off the treaty with France," Marshall records of -the representations made to him. - -"I am entitled to safe conduct," cries Marshall; and "the calumny -threatened against myself is too contemptible to be credited for a -moment by those who would utter it." I "despise" it, exclaims the -insulted Virginian.[731] Thus back and forth went this fantastic dance -of corrupt diplomacy and cautious but defiant honesty. - -At the long last, the interminable Gerry finished his review of -Marshall's reply to Talleyrand and made a lengthy and unctuous speech to -his colleagues on the righteousness of his own motives. Pinckney, -intolerably bored and disgusted, told Gerry what he thought of him. The -New Englander peevishly charged Marshall and Pinckney with concealing -their motives. - -"It is false, sir," shouted Pinckney. Gerry, he said, was the one who -had concealed from his colleagues, not only his purposes, but his -clandestine appointments with Talleyrand. Pinckney rode Gerry hard, "and -insisted in plain terms on the duplicity which had been practiced [by -Gerry] upon us both." The latter ridiculously explained, evaded, and, in -general, acted according to the expectation of those who warned Adams -against his appointment. Finally, however, Marshall's reply was signed -by all three and sent to Talleyrand.[732] - -The calmness, dignity, and conclusiveness of Marshall's rejoinder can be -appreciated only by reading the entire document. Marshall begins his -final statement of the American case and refutation of the French claims -by declaring what he had stated before, that the American envoys "are -ready to consider and to compensate the injury, if the American -Government has given just cause of complaint to that of France"; and -points out that the negotiations which the American envoys had sought -fruitlessly for six months, if taken up even now, would "demonstrate the -sincerity of this declaration."[733] This offer Marshall repeats again -and again. - -Before taking up Talleyrand's complaints in detail, he states that if -the envoys cannot convince Talleyrand that the American Government is -not in the wrong on a single point Talleyrand mentions, the envoys will -prove their good faith; and thus, with an offer to compensate France for -any wrong, "a base for an accommodation" is established. Every grievance -Talleyrand had made is then answered minutely and at great length. -History, reason, evidence, march through these pages like infantry, -cavalry, and artillery going to battle. Marshall's paper was -irresistible. Talleyrand never escaped from it. - -In the course of it there is a passage peculiarly applicable to the -present day. Answering Talleyrand's complaints about newspapers, -Marshall says:-- - -"The genius of the Constitution, and the opinions of the people of the -United States, cannot be overruled by those who administer the -Government. Among those principles deemed sacred in America, ... there -is no one ... more deeply impressed on the public mind, than the liberty -of the press. That this liberty is often carried to excess, that it has -sometimes degenerated into licentiousness, is seen and lamented; but the -remedy has not been discovered. Perhaps it is an evil inseparable from -the good with which it is allied; perhaps it is a shoot which cannot be -stripped from the stalk, without wounding vitally the plant from which -it is torn." - -At any rate, declares Marshall, there is, in America, no redress for -"the calumnies and invectives" of the press except "legal prosecution in -courts which are alike open to all who consider themselves as injured. -Without doubt this abuse of a valuable privilege is [a] matter of -peculiar regret when it is extended to the Government of a foreign -nation." It never is so extended "with the approbation of the Government -of the United States." But, he goes on to say, this is unavoidable -"especially on points respecting the rights and interests of -America, ... in a nation where public measures are the results of public -opinion." - -This practice of unrestricted criticism was not directed toward France -alone, Marshall assures Talleyrand; "it has been lavished still more -profusely on its [France's] enemies and has even been bestowed, with an -unsparing hand, on the Federal [American] Government itself. Nothing can -be more notorious than the calumnies and invectives with which the -wisest measures and most virtuous characters of the United States have -been pursued and traduced [by American newspapers]." It is plain, -therefore, that the American Government cannot influence the American -press, the excesses of which are, declares Marshall, "a calamity -incident to the nature of liberty." - -He reminds Talleyrand that "the same complaint might be urged on the -part of the United States. You must well know what degrading and -unworthy calumnies against their Government, its principles, and its -officers, have been published to the world by French journalists and in -French pamphlets." Yet America had not complained of "these calumnies, -atrocious as they are.... Had not other causes, infinitely more serious -and weighty, interrupted the harmony of the two republics, it would -still have remained unimpaired and the mission of the undersigned would -never have been rendered necessary."[734] - -Marshall again briefly sums up in broad outline the injuries which the -then French Government had inflicted upon Americans and American -property, and finally declares: "It requires no assurance to convince, -that every real American must wish sincerely to extricate his country -from the ills it suffers, and from the greater ills with which it is -threatened; but all who love liberty must admit that it does not exist -in a nation which cannot exercise the right of maintaining its -neutrality." - -Referring to Talleyrand's desire that Gerry remain and conduct the -negotiations, Marshall remarks that the request "is not accompanied by -any assurances of receding from those demands of money heretofore made -the consideration on which alone the cessation of hostility on American -commerce could be obtained." No one of the three American envoys had -power to act alone, he maintains. In spite of neglect and insult -Marshall still hopes that negotiations may begin; but if that is -impossible, he asks for passports and safe-conduct. - -Marshall made his final preparations for sailing, in order, he says, -"that I might be in readiness to depart so soon as the will of the -government should be signified to me." He was so hurried, he declares, -that "I could not even lay in a moderate stock of wine or send my foul -linen to be washed."[735] The now inescapable Beaumarchais saw Marshall -again and told him that Talleyrand said that "I [Marshall] was no -foreign minister; that I was to be considered as a private American -citizen, to obtain my passport in the manner pursued by all others -through the Consul ... I must give my name, stature, age, complexion, -&c., to our Consul." - -Marshall answered with much heat. Beaumarchais conferred with -Talleyrand, taking Marshall's side. Talleyrand was obdurate and said -that "he was mistaken in me [Marshall]; that I prevented all negotiation -and that so soon as I was gone the negotiation would be carried on; that -in America I belonged to the English faction, which universally hated -and opposed the French faction; that all I sought for was to produce a -rupture in such a manner as to throw the whole blame on France." -Marshall replied that Talleyrand "endeavored to make our situation more -unpleasant than his orders required, in order to gratify his personal -feelings," and he flatly refused to leave until ordered to go.[736] - -Finally Marshall and Pinckney received their passports. Pinckney, whose -daughter was ill and could leave France at that time only at the risk of -her life, had serious difficulty in getting permission to stay in the -south of France. On April 24, Marshall sailed for home. It is -characteristic of the man that, notwithstanding his humiliating -experiences and the failure of the mission, he was neither sour nor -depressed. He had made many personal friends in Paris; and on taking -ship at Bordeaux he does not forget to send them greetings, singling out -Madame de Villette for a gay message of farewell. "Present me to my -friends in Paris," he writes the American Consul-General at the French -Capital, "& have the goodness to say to Madam Vilette in my name & in -the handsomest manner, every thing which respectful friendship can -dictate. When you have done that You will have rendered not quite half -justice to my sentiments."[737] - -Gerry, to whom Pinckney and Marshall did not even bid farewell,[738] -remained in Paris, "extremely miserable."[739] Infinitely disgusted, -Pinckney writes King that Gerry, "as I suspected, is resolved to remain -here," notwithstanding Pinckney's "warm remonstrances with him on the -bad consequences ... of such conduct and on the impropriety of" his -secret "correspondence with Talleyrand under injunction not to -communicate it to his colleagues." Pinckney says: "I have made great -sacrifices of my feelings to preserve union; but in vain. I never met -with a man of less candour and so much duplicity as Mr. Gerry. General -Marshall is a man of extensive ability, of manly candour, and an honest -heart."[740] - - -FOOTNOTES: - -[658] _Am. St. Prs., For. Rel._, ii, 167. This lady was "understood to -be Madame de Villette, the celebrated Belle and Bonne of Voltaire." -(Lyman: _Diplomacy of the United States_, ii, footnote to 336.) Lyman -says that "as to the lady an intimation is given that that part of the -affair was not much to the credit of the Americans." (And see Austin: -_Gerry_, ii, footnote to 202.) Madame de Villette was the widow of a -Royalist colonel. Her brother, an officer in the King's service, was -killed while defending Marie Antoinette. Robespierre proscribed Madame -de Villette and she was one of a group confined in prison awaiting the -guillotine, of whom only a few escaped. (_Ib._) - -[659] _Am. St. Prs., For. Rel._, ii, 167. - -[660] Beaumarchais was one of the most picturesque figures of that -theatrical period. He is generally known to-day only as the author of -the operas, _The Barber of Seville_ and the _Marriage of Figaro_. His -suit was to recover a debt for supplies furnished the Americans during -the Revolution. Silas Deane, for our Government, made the original -contract with Beaumarchais. In addition to the contest before the -courts, in which Marshall was Beaumarchais's attorney, the matter was -before Congress three times during the claimant's life and, through his -heirs, twice after his death. In 1835 the case was settled for 800,000 -francs, which was nearly 2,500,000 francs less than Alexander Hamilton, -in an investigation, ordered by Congress, found to be due the Frenchman; -and 3,500,000 livres less than Silas Deane reported that America owed -Beaumarchais. - -Arthur Lee, Beaumarchais's enemy, to whom Congress in 1787 left the -adjustment, had declared that the Frenchman owed the United States two -million francs. This prejudiced report was the cause of almost a -half-century of dispute, and of gross injustice. (See Loménie: -_Beaumarchais et son temps_; also, Channing, iii, 283, and references in -the footnote; and Perkins: _France in the American Revolution_. Also see -Henry to Beaumarchais, Jan. 8, 1785; Henry, iii, 264, in which Henry -says: "I therefore feel myself gratified in seeing, as I think, ground -for hope that yourself, and those worthy and suffering of ours in your -nation, who in so friendly a manner advanced their money and goods when -we were in want, will be satisfied that nothing has been omitted which -lay in our power towards paying them.") - -[661] Marshall's Journal, ii, Dec. 17, 36. - -[662] _Am. St. Prs., For. Rel._, ii, 167; Marshall's Journal, Dec. 17, -36-37. - -[663] Marshall's Journal, Dec. 17, 38. The "_Rôle d'équipage_" was a -form of ship's papers required by the French Government which it was -practically impossible for American masters to furnish; yet, without it, -their vessels were liable to capture by French ships under one of the -many offensive decrees of the French Government. - -[664] Marshall's Journal, Dec. 17, 38. - -[665] _Am. St. Prs., For. Rel._, ii, 168. - -[666] This account in the dispatches is puzzling, for Talleyrand spoke -English perfectly. - -[667] _Am. St. Prs., For. Rel._, ii, 230. - -[668] King to Secretary of State (in cipher) London, Dec. 23, 1797; -King, ii, 261. King to Pinckney, Marshall, and Gerry, Dec. 23, 1797; -_ib._, 263. - -[669] King to Pinckney (in cipher) London, Dec. 24, 1797; King, ii, -263-64. - -[670] Pinckney to King, Dec. 27, 1797; King, ii, 266-67. - -[671] Marshall's Journal, Dec. 18, 1797, 38. - -[672] _Ib._, Jan. 2, 1798, 39. - -[673] Marshall's Journal, Jan. 2 and 10, 39. - -[674] _Ib._, Jan. 22, 40. - -[675] _Ib._, 40. - -[676] _Ib._, Jan. 31. - -[677] The Ellsworth mission. (See _infra_, chap. XII.) - -[678] _Am. St. Prs., For. Rel._, ii, 169. - -[679] _Am. St. Prs., For. Rel._, ii, 169-70. - -[680] _Ib._, 170. - -[681] _Am. St. Prs., For. Rel._, ii, 170. - -[682] Marshall's Journal, 39; also see Austin: _Gerry_, ii, chap. VI. - -[683] _Am. St. Prs., For. Rel._, ii, 170-71. - -[684] _Am. St. Prs., For. Rel._, ii, 172. - -[685] _Ib._, 173. - -[686] _Ib._ - -[687] _Ib._ - -[688] _Am. St. Prs., For. Rel._, ii, 175. - -[689] _Am. St. Prs., For. Rel._, ii, 175. - -[690] _Ib._, 176. - -[691] _Am. St. Prs., For. Rel._, ii, 177. - -[692] _Ib._, 178. - -[693] _Am. St. Prs., For. Rel._, ii, 181. - -[694] _Ib._, 181-82. - -[695] _Ib._, 182. - -[696] British Debts cases. (See vol. I, CHAP. V.) - -[697] Murray to J. Q. Adams, Feb. 20, 1798, _Letters_: Ford, 379. Murray -thought Marshall's statement of the American case "unanswerable" and -"proudly independent." (_Ib._, 395.) Contrast Murray's opinion of -Marshall with his description of Gerry, _supra_, chap. VII, 258, and -footnote. - -[698] Marshall's Journal, Jan. 31, 1798, 40. - -[699] _Ib._, Feb. 2. - -[700] _Ib._, Feb. 2, 41. - -[701] Marshall's Journal, Feb. 3, 42. - -[702] _Ib._, Feb. 4, 42. - -[703] _Ib._, 42-43, 46. - -[704] Marshall's Journal, Feb. 4, 42-45. - -[705] Marshall's Journal, Feb. 5, 45-46. - -[706] _Ib._, Feb. 6 and 7, 46. - -[707] Marshall's Journal, Feb. 10, 47-48. - -[708] Undoubtedly Beaumarchais. Marshall left his client's name blank in -his Journal, but Pickering, on the authority of Pinckney, in the -official copy, inserted Beaumarchais's name in later dates of the -Journal. - -[709] Marshall's Journal, Feb. 26, 52-60. - -[710] Marshall's Journal, Feb. 27, 61-67. - -[711] _Ib._, Feb. 28, 67-68. See _supra_, 312. - -[712] _Am. St. Prs., For. Rel._, ii, 186-87; Marshall's Journal, March -2, 68-72. - -[713] Marshall's Journal, March 3, 74. - -[714] Marshall's Journal, March 6, 79-81. - -[715] Marshall's Journal, 82-88; _Am. St. Prs., For. Rel._, ii, 187-88. - -[716] Marshall's Journal, March 13, 87-93. - -[717] This would seem to indicate that Marshall knew that his famous -dispatches were to be published. - -[718] France was already making "actual war" upon America; the threat of -formally declaring war, therefore, had no terror for Marshall. - -[719] Here Marshall contradicts his own statement that the French Nation -was tired of the war, groaning under taxation, and not "universally" -satisfied with the Government. - -[720] Marshall to Washington, Paris, March 8, 1798; _Amer. Hist. Rev._, -Jan., 1897, ii, 303; also MS., Lib. Cong. - -[721] Marshall's Journal, March 20, 93. - -[722] Marshall's Journal, March 22, 95. - -[723] Murray to J. Q. Adams, April 3, 1798, quoting Pinckney; _Letters_: -Ford, 391. - -[724] The exact reverse was true. Up to this time American newspapers, -with few exceptions, were hot for France. Only a very few papers, like -Fenno's _Gazette of the United States_, could possibly be considered as -unfriendly to France at this point. (See _supra_, chap. I.) - -[725] _Am. St. Prs., For. Rel._, ii, 190-91. - -[726] _Ib._, 191. - -[727] Marshall's Journal, March 22, 95. - -[728] Marshall's Journal, March 22, 95-97. - -[729] The Fairfax purchase. - -[730] Marshall's Journal, March 23, 99. - -[731] Marshall's Journal, March 29, 99-100. - -[732] _Ib._, April 3, 102-07. - -[733] _Am. St. Prs., For. Rel._, ii, 191. - -[734] _Am. St. Prs., For. Rel._, ii, 196. - -[735] This would seem to dispose of the story that Marshall brought home -enough "very fine" Madeira to serve his own use, supply weddings, and -still leave a quantity in existence three quarters of a century after -his return. (_Green Bag_, viii, 486.) - -[736] Marshall's Journal, April 10 and 11, 1798, 107-14. - -[737] Marshall to Skipwith, Bordeaux, April 21, 1798; MS., Pa. Hist. -Soc. - -[738] Murray to J. Q. Adams, April 24, 1798; _Letters_: Ford, 399. - -[739] Same to same, May 18, 1798; _ib._, 407. - -[740] Pinckney to King, Paris, April 4, 1798, enclosed in a letter to -Secretary of State, April 16, 1798; Pickering MSS., Mass. Hist. Soc. - - - - -CHAPTER IX - -THE TRIUMPHANT RETURN - - The present crisis is the most awful since the days of Vandalism. - (Robert Troup.) - - Millions for defense but not one cent for tribute. (Toast at - banquet to Marshall.) - - We shall remain free if we do not deserve to be slaves. (Marshall - to citizens of Richmond.) - - What a wicked use has been made of the X. Y. Z. dish cooked up by - Marshall. (Jefferson.) - - -While Talleyrand's drama of shame was enacting in Paris, things were -going badly for the American Government at home. The French party in -America, with whose wrath Talleyrand's male and female agents had -threatened our envoys, was quite as powerful and aggressive against -President Adams as the French Foreign Office had been told that it -was.[741] - -Notwithstanding the hazard and delay of ocean travel,[742] Talleyrand -managed to communicate at least once with his sympathizers in America, -whom he told that the envoys' "pretensions are high, that possibly no -arrangement may take place, but that there will be no declaration of war -by France."[743] - -Jefferson was alert for news from Paris. "We have still not a word from -our Envoys. This long silence (if they have been silent) proves things -are not going on very roughly. If they have not been silent, it proves -their information, if made public, would check the disposition to -arm."[744] He had not yet received the letter written him March 17, by -his agent, Skipwith. This letter is abusive of the Administration of -Washington as well as of that of Adams. Marshall was "one of the -declaiming apostles of Jay's Treaty"; he and Pinckney courted the -enemies of the Revolutionary Government; and Gerry's "paralytic mind" -was "too weak" to accomplish anything.[745] - -The envoys' first dispatches, sent from Paris October 22, 1797, reached -Philadelphia on the night of March 4, 1798.[746] These documents told of -the corrupt French demands and machinations. The next morning President -Adams informed Congress of their arrival.[747] Two weeks later came the -President's startling message to Congress declaring that the envoys -could not succeed "on terms compatible with the safety, the honor, or -the essential interests of the nation" and "exhorting" Congress to -prepare for war.[748] - -The Republicans were dazed. White hot with anger, Jefferson writes -Madison that the President's "insane message ... has had great effect. -Exultation on the one side & a certainty of victory; while the other -[Republican] is petrified with astonishment."[749] The same day he tells -Monroe that the President's "almost insane message" had alarmed the -merchants and strengthened the Administration; but he did not despair, -for the first move of the Republicans "will be a call for papers [the -envoys' dispatches].[750] In Congress the battle raged furiously; "the -question of war & peace depends now on a toss of cross & pile,"[751] was -Jefferson's nervous opinion. - -But the country itself still continued French in feeling; the -Republicans were gaining headway even in Massachusetts and Connecticut; -Jefferson expected the fall elections to increase the Republican -strength in the House; petitions against war measures were pouring into -Congress from every section; the Republican strategy was to gain time. -Jefferson thought that "the present period, ... of two or three weeks, -is the most eventful ever known since that of 1775."[752] - -The Republicans, who controlled the House of Representatives, demanded -that the dispatches be made public: they were sure that these papers -would not justify Adams's grave message. If the President should refuse -to send Congress the papers it would demonstrate, said the "Aurora," -that he "suspects the popularity of his conduct if exposed to public -view.... If he thinks he has done right, why should he be afraid of -letting his measures be known?" Let the representatives of the people -see "_the whole_ of the papers ... a _partial_ communication would be -worse than none."[753] - -Adams hesitated to reveal the contents of the dispatches because of "a -regard for the _personal safety_ of the Commissioners and an -apprehension of the effect of a disclosure upon our future diplomatic -intercourse."[754] High Federalist business men, to whom an intimation -of the contents of the dispatches had been given, urged their -publication. "We wish much for the papers if they can with propriety be -made public" was Mason's reply to Otis. "The Jacobins want them. And in -the name of God let them be gratified; it is not the first time they -have wished for the means of their destruction."[755] - -Both Federalists who were advised and Republicans who were still in the -dark now were gratified in their wish to see the incessantly discussed -and mysterious message from the envoys. The effect on the partisan -maneuvering was as radical and amusing as it is illuminative of partisan -sincerity. When, on April 3, the President transmitted to Congress the -dispatches thus far received, the Republicans instantly altered their -tactics. The dispatches did not show that the negotiations were at an -end, said the "Aurora"; it was wrong, therefore, to publish them--such a -course might mean war. Their publication was a Federalist trick to -discredit the Republican Party; and anyway Talleyrand was a monarchist, -the friend of Hamilton and King. So raged and protested the Republican -organ.[756] - -Troup thus reports the change: The Republicans, he says, "were very -clamorous for the publication [of the dispatches] until they became -acquainted with the intelligence communicated. From that moment they -opposed publication, and finally they carried a majority against the -measure. The Senate finding this to be the case instantly directed -publication."[757] The President then transmitted to Congress the second -dispatch which had been sent from Paris two weeks after the first. This -contained Marshall's superb memorial to Talleyrand. It was another blow -to Republican hopes. - -The dispatches told the whole story, simply yet with dramatic art. The -names of Hottenguer, Bellamy, and Hauteval were represented by the -letters X, Y, and Z,[758] which at once gave to this picturesque episode -the popular name that history has adopted. The effect upon public -opinion was instantaneous and terrific.[759] The first result, of -course, was felt in Congress. Vice-President Jefferson now thought it -his "duty to be silent."[760] In the House the Republicans were -"thunderstruck."[761] Many of their boldest leaders left for home; -others went over openly to the Federalists.[762] Marshall's disclosures -"produced such a shock on the republican mind, as has never been seen -since our independence," declared Jefferson.[763] He implored Madison to -write for the public an analysis of the dispatches from the Republican -point of view.[764] - -After recovering from his "shock" Jefferson tried to make light of the -revelations; the envoys had "been assailed by swindlers," he said, "but -that the Directory knew anything of it is neither proved nor probable." -Adams was to blame for the unhappy outcome of the mission, declared -Jefferson; his "speech is in truth the only obstacle to -negotiation."[765] Promptly taking his cue from his master, Madison -asserted that the publication of the dispatches served "more to inflame -than to inform the country." He did not think Talleyrand guilty--his -"conduct is scarcely credible. I do not allude to its depravity, which, -however heinous, is not without example. Its unparalleled stupidity is -what fills me with astonishment."[766] - -The hot-blooded Washington exploded with anger. He thought "the measure -of infamy was filled" by the "profligacy ... and corruption" of the -French Directory; the dispatches ought "to open the eyes of the -blindest," but would not "change ... the _leaders_ of the opposition -unless there shou'd appear a manifest desertion of the followers."[767] -Washington believed the French Government "capable [of] any thing bad" -and denounced its "outrageous conduct ... toward the United States"; but -he was even more wrathful at the "inimitable conduct of its partisans -[in America] who aid and abet their measures." He concluded that the -Directory would modify their defiant attitude when they found "the -spirit and policy of this country rising with resistance and that they -have falsely calculated upon support from a large part of the people -thereof."[768] - -Then was heard the voice of the country. "The effects of the publication -[of the dispatches] ... on the people ... has been prodigious.... The -leaders of the opposition ... were astonished & confounded at the -profligacy of their beloved friends the French."[769] In New England, -relates Ames, "the Jacobins [Republicans] were confounded, and the -trimmers dropt off from the party, like windfalls from an apple tree in -September."[770] Among all classes were observed "the most magical -effects"; so "irresistible has been the current of public opinion ... -that ... it has broken down the opposition in Congress."[771] Jefferson -mournfully informed Madison that "the spirit kindled up in the towns is -wonderful.... Addresses ... are pouring in offering life & -fortune."[772] Long afterwards he records that the French disclosures -"carried over from us a great body of the people, real republicans & -honest men, under virtuous motives."[773] In New England, especially, -the cry was for "open and deadly war with France."[774] From Boston -Jonathan Mason wrote Otis that "war for a time we must have and our -fears ... are that ... you [Congress] will rise without a proper -_climax_.... We pray that decisive orders may be given and that accursed -Treaty [with France] may be annulled.... The time is now passed, when we -should fear giving offense.... The yeomanry are not only united but -spirited."[775] - -Public meetings were held everywhere and "addresses from all bodies and -descriptions of men" poured "like a torrent on the President and both -Houses of Congress."[776] The blood of Federalism was boiling. "We -consider the present crisis as the most awful since the days of -Vandalism," declared the ardent Troup.[777] "Yankee Doodle," "Stony -Point," "The President's March," supplanted in popular favor "Ça ira" -and the "Marseillaise," which had been the songs Americans best loved to -sing. - -The black cockade, worn by patriots during the Revolutionary War, -suddenly took the place of the French cockade which until the X. Y. Z. -disclosures had decorated the hats of the majority in American cities. -The outburst of patriotism produced many songs, among others Joseph -Hopkinson's "Hail Columbia!" ("The President's March"), which, from its -first presentation in Philadelphia, caught the popular ear. This song is -of historic importance, in that it expresses lyrically the first -distinctively National consciousness that had appeared among Americans. -Everywhere its stirring words were sung. In cities and towns the young -men formed American clubs after the fashion of the democratic societies -of the French party. - - "Hail, Columbia! happy land! - Hail, ye heroes! heaven-born band! - Who fought and bled in Freedom's cause,"-- - -sang these young patriots, and "Hail, Columbia!" chanted the young women -of the land.[778] On every hilltop the fires of patriotism were -signaling devotion and loyalty to the American Government. - -Then came Marshall. Unannounced and unlooked for, his ship, the -Alexander Hamilton, had sailed into New York Harbor after a voyage of -fifty-three days from Bordeaux.[779] No one knew of his coming. "General -Marshall arrived here on Sunday last. His arrival was unexpected and his -stay with us was very short. I have no other apology to make," writes -Troup, "for our not giving him a public demonstration of our love and -esteem."[780] Marshall hurried on to Philadelphia. Already the great -memorial to Talleyrand and the brilliantly written dispatches were -ascribed to his pen, and the belief had become universal that the -Virginian had proved to be the strong and resourceful man of the -mission. - -On June 18, 1798, he entered the Capital, through which, twenty years -before, almost to a day, he had marched as a patriot soldier on the way -to Monmouth from Valley Forge. Never before had any American, excepting -only Washington, been received with such demonstration.[781] Fleets of -carriages filled with members of Congress and prominent citizens, and -crowds of people on horseback and on foot, went forth to meet him. - -"The concourse of citizens ... was immense." Three corps of cavalry "in -full uniform" gave a warlike color to the procession which formed behind -Marshall's carriage six miles out from Philadelphia. "The occasion -cannot be mentioned on which so prompt and general a muster of the -cavalry ever before took place." When the city was reached, the church -bells rang, cannon thundered, and amid "the shouts of the exulting -multitudes" Marshall was "escorted through the principal streets to the -city Tavern." The leading Federalist newspaper, the "Gazette of the -United States," records that, "even in the Northern Liberties,[782] -where the demons of anarchy and confusion are attempting to organize -treason and death, repeated shouts of applause were given as the -cavalcade approached and passed along."[783] The next morning O'Ellers -Tavern was thronged with Senators and Representatives and "a numerous -concourse of respectable citizens" who came to congratulate -Marshall.[784] - -The "Aurora" confirms this description of its Federalist rival; but adds -bitterly: "What an occasion for rejoicing! Mr. Marshall was sent to -France for the _ostensible_ purpose, at least, of effecting an amicable -accommodation of differences. He returns without having accomplished -that object, and on his return the Tories rejoice. This certainly looks -as if they did not wish him to succeed.... Many pensive and melancholy -countenances gave the glare of parade a gloom much more suited to the -occasion, and more in unison with the feelings of Americans. Well may -they despond: For tho' the patriotic Gerry may succeed in settling the -differences between the two countries--it is too certain that his -efforts can be of no avail when the late conduct of our administration, -and the unprecedented intemperance of our chief executive magistrate is -known in Europe."[785] - -Jefferson watched Marshall's home-coming with keen anxiety. "We heard of -the arrival of Marshall at New York," he writes, "and I concluded to -stay & see whether that circumstance would produce any new projects. No -doubt he there received more than hints from Hamilton as to the tone -required to be assumed.... Yet I apprehend he is not hot enough for his -friends." - -With much chagrin he then describes what happened when Marshall reached -Philadelphia: "M. was received here with the utmost éclat. The Secretary -of State & many carriages, with all the city cavalry, went to Frankfort -to meet him, and on his arrival here in the evening, the bells rung till -late in the night, & immense crowds were collected to see & make part of -the shew, which was circuitously paraded through the streets before he -was set down at the city tavern." But, says Jefferson, "all this was to -secure him [Marshall] to their [the Administration's] views, that he -might say nothing which would expose the game they have been -playing.[786] Since his arrival I can hear nothing directly from him." - -Swallowing his dislike for the moment, Jefferson called on Marshall -while the latter was absent from the tavern. "Thomas Jefferson presents -his compliments to General Marshall" ran the card he left. "He had the -honor of calling at his lodgings twice this morning, but was so unlucky -as to find that he was out on both occasions. He wished to have -expressed in person his regret that a pre-engagement for to-day which -could not be dispensed with, would prevent him the satisfaction of -dining in company with General Marshall, and therefore begs leave to -place here the expressions of that respect which in company with his -fellow citizens he bears him."[787] - -Many years afterwards Marshall referred to the adding of the syllable -"un" to the word "lucky" as one time, at least, when Jefferson came near -telling the truth.[788] To this note Marshall returned a reply as -frigidly polite as Jefferson's:-- - -"J. Marshall begs leave to accompany his respectful compliments to Mr. -Jefferson with assurances of the regret he feels at being absent when -Mr. Jefferson did him the honor to call on him. - -"J. Marshall is extremely sensible to the obliging expressions contained -in Mr. Jefferson's polite billet of yesterday. He sets out to-morrow for -Winchester & would with pleasure charge himself with any commands of Mr. -Jefferson to that part of Virginia."[789] - -Having made his report to the President and Secretary of State, Marshall -prepared to start for Virginia. But he was not to leave without the -highest compliment that the Administration could, at that time, pay him. -So gratified were the President, Cabinet, and Federalist leaders in -Congress with Marshall's conduct in the X. Y. Z. mission, and so high -their opinion of his ability, that Adams tendered him the appointment to -the place on the Supreme Bench,[790] made vacant by the death of Justice -Wilson. Marshall promptly declined. After applying to the Fairfax -indebtedness all the money which he might receive as compensation for -his services in the French mission, there would still remain a heavy -balance of obligation; and Marshall must devote all his time and -strength to business. - -On the night before his departure, the members of Congress gave the hero -of the hour the historic dinner at the city's principal tavern, "as an -evidence of their affection for his person and their gratified -approbation of the patriotic firmness with which he sustained the -dignity of his country during his important mission." One hundred and -twenty enthusiastic men sat at the banquet table. - -The Speaker of the National House, the members of the Cabinet, the -Justices of the Supreme Court, the Speaker of the Pennsylvania State -Senate, the field officers of the army, the Right Reverend Bishops -Carroll and White, "and other distinguished public characters attended." -Toasts "were drank with unbounded plaudits" and "many of them were -encored with enthusiasm." High rose the spirit of Federalism at -O'Eller's Tavern in Philadelphia that night; loud rang Federalist -cheers; copiously flowed Federalist wine. - -"Millions for Defense but not a cent for Tribute!" was the crowning -toast of that jubilant evening. It expressed the spirit of the -gathering; out over the streets of Philadelphia rolled the huzzas that -greeted it. But its unknown author[791] "builded better than he knew." -He did more than flatter Marshall and bring the enthusiastic banqueters, -wildly shouting, to their feet: he uttered the sentiment of the Nation. -"Millions for Defense but not a cent for Tribute" is one of the few -historic expressions in which Federalism spoke in the voice of America. -Thus the Marshall banquet in Philadelphia, June 18, 1798, produced that -slogan of defiant patriotism which is one of the slowly accumulating -American maxims that have lived. - -After Marshall retired from the banquet hall, the assemblage drank a -final toast to "The man whom his country delights to Honor."[792] - -Marshall was smothered with addresses, congratulations, and every -variety of attention from public bodies and civic and military -organizations. A committee from the Grand Jury of Gloucester County, New -Jersey, presented the returned envoy a laudatory address. His answer, -while dignified, was somewhat stilted, perhaps a trifle pompous. The -Grand Jury compliment was, said Marshall, "a sweet reward" for his -"exertions." The envoys wished, above all things, for peace, but felt -"that not even peace was to be purchased at the price of national -independence."[793] - -The officers of a militia brigade delivered to Marshall a eulogy in -which the war note was clear and dominant. Marshall answered that, -desirable as peace is, it "ought not to have been bought by dishonor and -national degradation"; and that the resort to the sword, for which the -militia officers declared themselves ready, made Marshall "feel with an -elevated pride the dignity and grandeur of the American -character."[794] - -The day before Marshall's departure from Philadelphia the President, -addressing Congress, said: "I congratulate you on the arrival of General -Marshall ... at a place of safety where he is justly held in honor.... -The negotiation may be considered at an end. _I will never send another -Minister to France without assurances that he will be received, -respected, and honored as the representative of a great, free, powerful, -and independent nation._"[795] Bold and defiant words expressive of the -popular sentiment of the hour; but words which were to be recalled later -by the enemies of Adams, to his embarrassment and to the injury of his -party.[796] - -"Having heard that Mrs. Marshall is in Winchester I shall immediately -set out for that place,"[797] Marshall writes Washington. His departure -from the Capital was as spectacular as his arrival. He "was escorted by -detachments of cavalry," says the "Aurora." "Certainly nothing less was -due considering the distinguished services which he has rendered by his -mission--he has acquired some knowledge of the French language,"[798] -sneers that partisan newspaper in good Republican fashion. When Marshall -approached Lancaster he was met by companies of "cavalry and uniformed -militia" which escorted him into the town, where he was "welcomed by the -discharges of artillery and the ringing of bells."[799] - -His journey throughout Pennsylvania and Virginia, repeating scenes of -his welcome at Philadelphia and Lancaster, ended at Richmond. There, -among his old neighbors and friends, the demonstrations reached their -climax. A long procession of citizens went out to meet him. Again rang -the cheers, again the bells pealed, again the cannon thundered. And -here, to his townsmen and friends, Marshall, for the first time, -publicly opened his heart and told, with emotion, what had befallen in -France. In this brief speech the Nationalist and fighting spirit, which -appears in all his utterances throughout his entire life, flashes like a -sword in battle. - -Marshall cannot express his "emotions of joy" which his return to -Richmond has aroused; nor "paint the sentiments of affection and -gratitude towards" his old neighbors. Nobody, he assures his hearers, -could appreciate his feelings who had not undergone similar experiences. - -The envoys, far from their country with no news from their Government, -were in constant anxiety, says Marshall. He tells of their trials, of -how they had discharged their duty, of his exultation over the spirit -America was now displaying. "I rejoice that I was not mistaken in the -opinion I had formed of my countrymen. I rejoice to find, though they -know how to estimate, and therefore seek to avoid the horrors and -dangers of war, yet they know also how to value the blessings of liberty -and national independence. Peace would be purchased at too high a price -by bending beneath a foreign yoke" and such a peace would be but brief; -for "the nation thus submitting would be soon involved in the quarrels -of its master.... We shall remain free if we do not deserve to be -slaves." - -Marshall compares the governments of France and America. To one who, -like himself, is so accustomed to real liberty that he "almost considers -it as the indispensable companion of man, a view of [French] despotism," -though "borrowing the garb usurping the name of freedom," teaches "the -solid safety and real security" existing in America. The loss of these -"would poison ... every other joy." Without them "freemen would turn -with loathing and disgust from every other comfort of life." To preserve -them, "all ... difficulties ought to be encountered." - -Stand by "the government of your choice," urges Marshall; its officials -are from the people, "subject in common with others to the laws they -make," and must soon return to the popular body "whose destiny involves -their own and in whose ruin they must participate." This is always a -good rule, but "it is peculiarly so in a moment of peril like the -present" when "want of confidence in our government ... furnishes ... a -foreign real enemy [France] those weapons which have so often been so -successfully used."[800] - -The Mayor, Recorder, Aldermen, and Common Council of Richmond presented -Marshall with an address of extravagant praise. "If reason and -argument ... if integrity, candor, and the pure spirit of conciliation" -had met like qualities in France, "smiling peace would have returned -along with you." But if Marshall had not brought peace, he had warned -America against a government "whose touch is death." Perhaps he had even -preserved "our excellent constitution and ... our well earned -liberties." In answer Marshall said that he reciprocated the "joy" of -his "fellow citizens, neighbors, and ancient friends" upon his return; -that they were right in thinking honorable peace with France was -impossible; and warned them against "the countless dangers which lurk -beneath foreign attachments."[801] - -Marshall had become a national hero. Known before this time, outside of -his own State, chiefly to the eminent lawyers of America, his name now -became a household word in the remotest log cabins of Kentucky and -Tennessee, as well as in the residences of Boston and New York. "Saving -General Washington, I believe the President, Pinckney, and Marshall are -the most popular characters now in our country," Troup reported to King -in London.[802] - -For the moment, only one small cloud appeared upon the horizon of -Marshall's popularity; but a vicious flash blazed from it. Marshall went -to Fredericksburg on business and attended the little theater at that -place. The band of the local artillery company furnished the music. A -Philadelphia Federalist, who happened to be present, ordered them to -play "The President's March" ("Hail, Columbia!"). Instantly the audience -was in an uproar. So violent did they become that "a considerable riot -took place." Marshall was openly insulted. Nor did their hostility -subside with Marshall's departure. "The inhabitants of Fredericksburg -waited," in anxious expectation, for an especially hated Federalist -Congressman, Harper of South Carolina, to pass through the town on his -way home, with the intention of treating him even more roughly.[803] - -With this ominous exception, the public demonstrations for Marshall were -warmly favorable. His strength with the people was greater than ever. By -the members of the Federal Party he was fairly idolized. This, the first -formal party organization in our history, was, as we have seen, in sorry -case even under Washington. The assaults of the Republicans, directed by -Jefferson's genius for party management, had all but wrecked the -Federalists. That great party general had out-maneuvered his adversaries -at every point and the President's party was already nearing the -breakers. - -The conduct of the French mission and the publication of Marshall's -dispatches and letters to Talleyrand saved the situation for the moment. -Those whom Jefferson's consummate skill had won over to the Republican -Party returned by thousands to their former party allegiance.[804] - -Congress acted with belated decision. Our treaty with France was -abrogated; non-intercourse laws passed; a provisional army created; the -Navy Department established; arsenals provided; the building of warships -directed. For a season our National machinery was permitted to work with -vigor and effectiveness. - -The voices that were wont to declaim the glories of French democracy -were temporarily silent. The people, who but yesterday frantically -cheered the "liberté, égalité, fraternité" of Robespierre and Danton, -now howled with wrath at mention of republican France. The pulpit became -a tribune of military appeal and ministers of the gospel preached -sermons against American "Jacobins."[805] Federalist orators had their -turn at assailing "despotism" with rhetoric and defending "liberty" with -eloquence; but the French Government was now the international villain -whom they attacked. - -"The struggle between Liberty and Despotism, Government and Anarchy, -Religion and Atheism, has been gloriously decided.... France has been -foiled, and America is free. The elastick veil of Gallick perfidy has -been rent, ... the severing blow has been struck." Our abrogation of the -treaty with France was "the completion of our Liberties, the acme of our -Independence ... and ... emancipated us from the oppressive friendship -of an ambitious, malignant, treacherous ally." That act evidenced "our -nation's manhood"; our Government was now "an Hercules, who, no longer -amused with the coral and bells of 'liberty and equality' ... no longer -willing to trifle at the _distaff_ of a 'Lady Negociator,' boldly -invested himself in the _toga virilis_."[806] Such was the language of -the public platform; and private expressions of most men were even less -restrained. - -Denouncing "the Domineering Spirit and boundless ambition of a nation -whose Turpitude has set _all objections_, divine & human, at -naught,"[807] Washington accepted the appointment as Commander-in-Chief -of the newly raised army. "Huzza! Huzza! Huzza! How transporting the -fact! The great, the good, the aged WASHINGTON has said 'I am ready -again to go with my fellow citizens to the field of battle in defense of -the Liberty & Independence of my Country,'" ran a newspaper -announcement, typically voicing the popular heart.[808] - -To Marshall's brother James, who had offered his services as an -aide-de-camp, Washington wrote that the French "(although _I_ conceive -them capable of _anything_ that is unjust or dishonorable)" will not -"attempt a serious invasion of this country" when they learn of "the -preparation which [we] are making to receive them." They have "made -calculations on false ground" in supposing that Americans would not -"support Independence and the Government of their country _at every -hazard_." Nevertheless, "the highest possible obligation rests upon the -country to be prepared for the event as the most effective means to -avert the evil."[809] Military preparations were active and conspicuous: -On July 4, New York City "resembles a camp rather than a commercial -port," testifies Troup.[810] - -The people for the moment believed, with Marshall and Washington, that -we were on the brink of war; had they known what Jefferson knew, their -apprehension would have been still keener. Reporting from Paris, the -French partisan Skipwith tells Jefferson that, from motives of -"commercial advantage and aggrandisement" as well as of "vengeance," -France will probably fall upon America. "Yes sir, the moment is come -that I see the fortunes, nay, independence, of my country at hazard, and -in the hands of the most gigantic nation on earth.... Already, the -language of planting new colonies upon the ... Mississippi is the -language of Frenchmen here."[811] Skipwith blames this predicament upon -Adams's character, speech, and action and upon Marshall's and Pinckney's -conduct in Paris;[812] and advises Jefferson that "war may be prevented, -and our country saved" by "modifying or breaking" the Jay Treaty and -lending money to France.[813] - -Jefferson was frantic with disappointment and anger. Not only did he see -the Republican Party, which he had built up with such patience and -skill, going to pieces before his very eyes; but the prospect of his -election to the Presidency as the successor of Adams, which until then -appeared to be inviting, now jeopardized if not made hopeless. With his -almost uncanny understanding of men, Jefferson laid all this to -Marshall; and, from the moment of his fellow Virginian's arrival from -France, this captain of the popular cause began that open and malignant -warfare upon Marshall which ended only with Jefferson's last breath. - -At once he set out to repair the havoc which Marshall's work had wrought -in his party. This task was made the harder because of the very tactics -which Jefferson had employed to increase the Republican strength. For, -until now, he had utilized so thoroughly the deep and widespread French -sentiment in America as his immediate party weapon, and made so emphatic -the French issue as a policy of party tactics, that, in comparison, all -other issues, except the central one of States' Rights, were secondary -in the public mind at this particular time. - -The French propaganda had gone farther than Jefferson, perhaps, intended -it to go. "They [the French] have been led to believe by their agents -and Partisans amongst _us_," testifies Washington, "that we are a -divided people, that the latter are opposed to their own -Government."[814] At any rate, it is certain that a direct connection, -between members of what the French politicians felt themselves justified -in calling "the French party" in America and the manipulators of French -public opinion, existed and was made use of. This is shown by the effect -in France of Jefferson's famous letter to Mazzei of April 24, 1796.[815] -It is proved by the amazing fact that Talleyrand's answer to the -memorial of the envoys was published in the Jeffersonian organ, the -"Aurora," before Adams had transmitted that document to Congress, if not -indeed before the President himself had received from our envoys -Talleyrand's reply to Marshall's statement of the American case.[816] - -Jefferson took the only step possible to a party leader. He sought to -minimize the effect of the disclosures revealed in Marshall's -dispatches. Writing to Peter Carr, April 12, 1798, Jefferson said: "You -will perceive that they [the envoys] have been assailed by swindlers, -whether with or without the participation of Talleyrand is not very -apparent.... That the Directory knew anything of it is neither proved -nor probable."[817] On June 8, 1798, Jefferson wrote to Archibald -Stuart: "It seems fairly presumable that the douceur of 50,000 Guineas -mentioned in the former dispatches was merely from X. and Y. as not a -word is ever said by Talleyrand to our envoys nor by them to him on the -subject."[818] Thus Jefferson's political desperation caused him to deny -facts which were of record, for the dispatches show, not only that -Talleyrand had full knowledge of the disgraceful transaction, but also -that he originated and directed it. - -The efforts of the Republicans to sneer away the envoys' disclosures -awakened Washington's bitter sarcasm. The Republicans were -"thunder-stricken ... on the publication of the dispatches from our -envoys," writes he, "but the contents of these dispatches are now -resolved by them into harmless chitchat--mere trifles--less than was or -ought to have been expected from the misconduct of the Administration -of this country, and that it is better to submit to such chastisement -than to hazard greater evils by shewing futile resentment."[819] - -Jefferson made no headway, however, in his attempts to discredit the X. -Y. Z. revelations. Had the Federalists stopped with establishing the -Navy Department and providing for an army, with Washington at its head; -had they been content to build ships and to take other proper measures -for the National defense, Adams's Administration would have been saved, -the Federalist Party kept alive for at least four years more, the -Republican Party delayed in its recovery and Jefferson's election to the -Presidency made impossible. Here again Fate worked, through the -blindness of those whose day had passed, the doom of Federalism. The -Federalists enacted the Alien and Sedition Laws and thus hastened their -own downfall. - -Even after this legislation had given him a new, real, and irresistible -"issue," Jefferson still assailed the conduct of Marshall and Pinckney; -he was resolved that not a single Republican vote should be lost. Months -later he reviews the effect of the X. Y. Z. disclosures. When the envoys -were appointed, he asserts, many "suspected ... from what was understood -of their [Marshall's and Pinckney's] dispositions," that the mission -would not only fail, but "widen the breach and provoke our citizens to -consent to a war with" France "& union with England." While the envoys -were in Paris the Administration's hostile attitude toward France -alarmed the people; "meetings were held ... in opposition to war"; and -the "example was spreading like a wildfire." - -Then "most critically for the government [Administration]," says -Jefferson, "the dispatches ... prepared by ... Marshall, with a view to -their being made public, dropped into their laps. It was truly a -God-send to them & they made the most of it. Many thousands of copies -were printed & dispersed gratis, at the public expense; & the zealots -for war co-operated so heartily, that there were instances of single -individuals who printed & dispersed 10. or 12,000 copies at their own -expense. The odiousness of the corruption supposed in those papers -excited a general & high indignation among the people." - -Thus, declares Jefferson, the people, "unexperienced in such maneuvers," -did not see that the whole affair was the work of "private swindlers" -unauthorized by "the French government of whose participation there was -neither proof nor probability." So "the people ... gave a loose [tongue] -to" their anger and declared "their honest preference of war to -dishonor. The fever was long & successfully kept up and ... war measures -as ardently crowded."[820] - -Jefferson's deep political sagacity did not underestimate the revolution -in the thought and feelings of the masses produced by the outcome of the -French mission; and he understood, to a nicety, the gigantic task which -must be performed to reassemble and solidify the shattered Republican -ranks. For public sentiment was, for the time being, decidedly warlike. -"We will pay tribute to no nation; ... We shall water our soil with our -blood ... before we yield,"[821] was Troup's accurate if bombastic -statement of the popular feeling. - -When the first ship with American newspapers containing the X. Y. Z. -dispatches reached London, they were at once "circulated throughout -Europe,"[822] and "produced everywhere much sensation favorable to the -United States and hostile to France."[823] The intimates of Talleyrand -and the Directory were "disappointed and chagrined.... Nothing can -exceed the rage of the apostate Americans, who have so long -misrepresented and disgraced their country at Paris."[824] From the -first these self-expatriated Americans had flattered Gerry and sent -swarms of letters to America about the good intentions of the -Directory.[825] - -American diplomatic representatives abroad were concerned over -Gerry's whimsical character and conduct. "Gerry is yet in Paris!... -I ... fear ... that man's more than infantine weakness. Of it you -cannot have an idea, unless you had seen him here [The Hague] and at -Paris. Erase all the two lines above; it is true, but it is cruel. If -they get hold of him they will convert him into an innocent baby-engine -against the government."[826] - -And now Gerry, with whom Talleyrand had been amusing himself and whose -conceit had been fed by American partisans of France in Paris, found -himself in sorry case. Talleyrand, with cynical audacity, in which one -finds much grim humor, peremptorily demands that Gerry tell him the -names of the mysterious "X., Y., and Z." With comic self-abasement, the -New Englander actually writes Talleyrand the names of the latter's own -agents whom Gerry had met in Talleyrand's presence and who the French -Minister personally had informed Gerry were dependable men. - -The Federalists made the most of Gerry's remaining in Paris. Marshall -told them that Gerry had "suffered himself to be wheedled in -Paris."[827] "I ... rejoice that I voted against his appointment,"[828] -declared Sedgwick. Cabot denounced Gerry's "course" as "the most -dangerous that cou'd have been taken."[829] Higginson asserted that -"those of us who knew him [Gerry] regretted his appointment and expected -mischief from it; but he has conducted himself worse than we had -anticipated."[830] The American Minister to Great Britain, bitterly -humiliated, wrote to Hamilton that Gerry's "answer to Talleyrand's -demands of the names of X, Y, and Z, place him in a more degraded light -than I ever believed it possible that he or any other American citizen -could be exhibited."[831] And Thomas Pinckney feared "that to want of -[Gerry's] judgment ... may be added qualities of a more criminal -nature."[832] - -Such sentiments, testifies Pickering, were common to all "the public men -whom I had heard speak of Mr. G."; Pinckney, Gerry's colleague, tells -his brother that he "never met with a man _so destitute of candour and -so full of deceit as Mr. Gerry_," and that this opinion was shared by -Marshall.[833] Troup wrote: "We have seen and read with the greatest -contempt the correspondence between Talleyrand and Mr. Gerry relative to -Messrs. X. Y. and Z.... I can say nothing honorable to [of] him [Gerry]. -De mortuis nil nisi bonum is a maxim as applicable to him as if he was -in his grave."[834] Washington gave his opinion with unwonted mildness: -"Nothing can excuse his [Gerry's] _secret_ negotiations.... I fear ... -that _vanity_ which may have led him into the mistake--& consciousness -of being _duped_ by the _Diplomatic skill_ of our good and magnanimous -Allies are too powerful for a weak mind to overcome."[835] - -Marshall was on tenter-hooks for fear that Gerry would not leave France -before the Directory got wind "of the present temper" of the American -people, and would hint to Gerry "insidious propositions ... not with -real pacific views but for the purpose of dividing the people of this -country and separating them from their government."[836] The peppery -Secretary of State grew more and more intolerant of Gerry. He tells -Marshall that "Gerry's correspondence with Talleyrand about W.[837] X. -Y. and Z: ... is the finishing stroke to his conduct in France, by which -he has dishonoured and injured his country and sealed his own indelible -disgrace."[838] - -Marshall was disgusted with the Gerry-Talleyrand correspondence about -the names of "X. Y. Z.," and wrote Pickering of Gerry's dinner to -Talleyrand at which Hottenguer, Bellamy, and Hauteval were present and -of their corrupt proposition to Gerry in Talleyrand's presence.[839] -Pickering urged Marshall to write "a short history of the mission of the -envoys extraordinary," and asked permission to show Marshall's journal -to President Adams.[840] - -Marshall is "unwilling," he says, "that my hasty journal, which I had -never even read over until I received it from you, should be shown to -him. This unwillingness proceeds from a repugnance to give him the -vexation which I am persuaded it would give him." Nevertheless, Adams -did read Marshall's Journal, it appears; for Cabot believed that "the -reading of Marshall's journal has compelled the P[resident] to ... -acquiesce in the unqualified condemnation of Gerry."[841] - -On his return to America, Gerry writes a turgid letter defending himself -and exculpating Talleyrand and the Directory. The Secretary of State -sends Gerry's letter to Marshall, declaring that Gerry "ought to be -impeached."[842] It "astonishes me," replies Marshall; and while he -wishes to avoid altercation, he thinks "it is proper for me to notice -this letter," and encloses a communication to Gerry, together with a -"certificate," stating the facts of Gerry's now notorious dinner to -Talleyrand.[843] - -Marshall is especially anxious to avoid any personal controversy at the -particular moment; for, as will presently appear, he is again running -for office. He tells Pickering that the Virginia Republicans are -"perfectly prepared" to use Gerry in any way "which can be applied to -their purposes"; and are ready "to receive him into their bosoms or to -drop him entirely as he may be French or American." He is so -exasperated, however, that he contemplates publishing the whole truth -about Gerry, but adds: "I have been restrained from doing so by my -having as a punishment for some unknown sins, consented to be nam'd a -candidate for the ensuing election to Congress."[844] - -Finding himself so violently attacked in the press, Marshall says: "To -protect myself from the vexation of these newspaper altercations ... I -wish if it be possible to avoid appearing in print myself." Also he -makes the excuse that the courts are in session, and that "my absence -has plac'd my business in such a situation as scarcely to leave a moment -which I can command for other purposes."[845] - -A week later Marshall is very anxious as to what course Gerry intends to -take, for, writes Marshall, publications to mollify public opinion -toward France and to irritate it against England "and to diminish the -repugnance to pay money to the French republic are appearing every -day."[846] - -The indefatigable Republican chieftain had been busily inspiring attacks -upon the conduct of the mission and particularly upon Marshall. "You -know what a wicked use has been made of the ... X. Y. Z. dish cooked up -by Marshall, where the swindlers are made to appear as the French -government," wrote Jefferson to Pendleton. "Art and industry combined -have certainly wrought out of this business a wonderful effect on the -people." But "now that Gerry comes out clearing the French government of -that turpitude, ... the people will be disposed to suspect they have -been duped." - -Because Marshall's dispatches "are too voluminous for them [the people] -and beyond their reach" Jefferson begs Pendleton to write a pamphlet -"recapitulating the whole story ... short, simple & levelled to every -capacity." It must be "so concise as omitting nothing material, yet may -be printed in handbills." Jefferson proposes to "print & disperse 10. -or 20,000 copies"[847] free of postage under the franks of Republican -Congressmen. - -Pickering having referred scathingly to the Gerry-Talleyrand dinner, -Gerry writes the President, to deny Marshall's account of that function. -Marshall replies in a personal letter to Gerry, which, considering -Marshall's placid and unresentful nature, is a very whiplash of rebuke; -it closes, however, with the hope that Gerry "will think justly of this -subject and will thereby save us both the pain of an altercation I do so -wish to avoid."[848] - -A few months later Marshall, while even more fixed than ever in his -contempt for Gerry, is mellower in expressing it. "I am grieved rather -than surprised at Mr. Gerry's letter," he writes.[849] So ended the only -incident in Marshall's life where he ever wrote severely of any man. -Although the unfriendliness between Jefferson and himself grew through -the years into unrelenting hatred on both sides, Marshall did not -express the intensity of his feeling. While his courage, physical and -moral, was perfect, he had no stomach for verbal encounters. He could -fight to the death with arms or arguments; but personal warfare by -tongue or pen was beyond or beneath him. Marshall simply could not scold -or browbeat. He was incapable of participating in a brawl. - -Soon after reaching Richmond, the domestic Marshall again shines out -sunnily in a letter to his wife at Winchester, over the Blue Ridge. He -tells his "dearest Polly" that although a week has passed he has -"scarcely had time to look into any business yet, there are so many -persons calling every hour to see me.... The hot and disagreeable ride" -to Richmond had been too much for him, but "if I could only learn that -you were entirely restored I should be happy. Your Mama & friends are in -good health & your Mama is as cheerful as usual except when some -particular conversation discomposes her. - -"Your sweet little Mary is one of the most fascinating little creatures -I ever beheld. She has improved very much since I saw her & I cannot -help agreeing that she is a substitute for her lovely sister. She talks -in a way not easily to be understood tho she comprehends very well -everything that is said to her & is the most coquettish little prude & -the most prudish little coquet I ever saw. I wish she was with you as I -think she would entertain you more than all the rest of your children -put together. - -"Poor little John[850] is cutting teeth & of course is sick. He appeared -to know me as soon as he saw me. He would not come to me, but he kept -his eyes fixed on me as on a person he had some imperfect recollection -of. I expect he has been taught to look at the picture & had some -confused idea of a likeness. He is small & weakly but by no means an -ugly child. If as I hope we have the happiness to raise him I trust he -will do as well as the rest. Poor little fellow, the present hot weather -is hard on him cutting teeth, but great care is taken of him & I hope he -will do well. - -"I hear nothing from you my dearest Polly but I will cherish the hope -that you are getting better & will indulge myself with expecting the -happiness of seeing you in October quite yourself. Remember my love to -give me this pleasure you have only to take the cold bath, to use a -great deal of exercise, to sleep tranquilly & to stay in cheerful -company. I am sure you will do everything which can contribute to give -you back to yourself & me. This hot weather must be very distressing to -you--it is to everybody--but it will soon be colder. Let me know in time -everything relative to your coming down. Farewell my dearest Polly. I am -your ever affectionate - - "J. MARSHALL."[851] - -On taking up his private business, Marshall found himself hard-pressed -for money. Payments for the Fairfax estate were overdue and he had no -other resources with which to meet them but the money due him upon his -French mission. "The disarrangement," he writes to the Secretary of -State, "produc'd by my absence and the dispersion of my family oblige me -to make either sales which I do not wish or to delay payments of money -which I ought not to delay, unless I can receive from the treasury. This -state of things obliges me to apply to you and to ask whether you can -furnish me either with an order from the Secretary of the Treasury on -Colo. Carrington or with your request to him to advance money to me. The -one or the other will be sufficient."[852] - -Pickering writes Marshall that Carrington can safely advance him the -needed cash. "I will lose no time to place the balance in your -hands,"[853] says Pickering, upon the receipt of Marshall's statement of -his account with the Government. - -The total amount paid Marshall for his eleven months' absence upon the -French mission was $19,963.97,[854] which, allowing five thousand -dollars for his expenses--a generous estimate--was considerably more -than three times as much as Marshall's annual income from his law -practice. It was an immense sum, considering the compensation of public -officials at that period--not much less than the annual salaries of the -President and his entire Cabinet; more than the total amount annually -paid to the justices of the Supreme Court. Thus, for the time being, the -Fairfax estate was saved. - -It was still necessary, however, if he, his brother, and brother-in-law, -were to discharge the remaining payments, that Marshall should give -himself to the business of making money--to work much harder than ever -he had done before and than his natural inclinations prompted. -Therefore, no more of unremunerative public life for him--no more waste -of time in the Legislature. There never could, of course, come another -such "God-send," to use Marshall's phrase as reported by Jefferson,[855] -as the French mission; and few public offices, National or State, -yielded so much as he could make in the practice of his profession. Thus -financial necessity and his own desire settled Marshall in the resolve, -which he believed nothing ever could shake, to give the remainder of his -days to his personal and private business. But Fate had her own plans -for John Marshall and again overruled what he believed to be his fixed -and unalterable purpose. - - -FOOTNOTES: - -[741] See summary in McMaster, ii, 374. - -[742] Six copies of the dispatches of the American envoys to the -Secretary of State were sent by as many ships, so that at least one of -them might reach its destination. - -[743] Jefferson to Madison, Jan. 25, 1798; _Works_: Ford, viii, 259. - -[744] Jefferson to Madison, Feb. 15, 1798; _Works_: Ford, viii, 368. - -[745] Skipwith to Jefferson, Paris, March 17, 1798; Gibbs, ii, 160. - -[746] _Am. St. Prs., For. Rel._, ii, 152, 157, 159, 161, 166. - -[747] _Ib._ The President at this time communicated only the first -dispatch, which was not in cipher. It merely stated that there was no -hope that the envoys would be received and that a new decree directed -the capture of all neutral ships carrying any British goods whatever. -(_Ib._, 157.) - -[748] _Ib._, 152; Richardson, i, 264; and _Works_: Adams, ix, 156. - -[749] Jefferson to Madison, March 21, 1798; _Works_: Ford, viii, 386. - -[750] Jefferson to Monroe, March 21, 1798; _ib._, 388-89. - -[751] Jefferson to Madison, March 29, 1798; _ib._, 392. - -[752] Jefferson to Pendleton, April 2, 1798; _ib._, 394-97. - -[753] _Aurora_, April 3, 1798. - -[754] Otis to Mason, March 22, 1798; Morison, i, 90. - -[755] Jonathan Mason to Otis, March 30, 1798; _ib._, 93. And see the -valuable New England Federalist correspondence of the time in _ib._ - -[756] _Aurora_, April 7, 1798. A week later, under the caption, "The -Catastrophe," the _Aurora_ began the publication of a series of ably -written articles excusing the conduct of the French officials and -condemning that of Marshall and Pinckney. - -[757] Troup to King, June 3, 1798; King, ii, 329. Ten thousand copies of -the dispatches were ordered printed and distributed at public expense. -Eighteen hundred were sent to Virginia alone. (Pickering to Marshall, -July 24, 1798; Pickering MSS., Mass. Hist. Soc.) This was the beginning -of the printing and distributing of public documents by the National -Government. (Hildreth, ii, 217.) - -[758] Pickering's statement, April 3, 1798; _Am. St. Prs._, ii, 157. - -[759] Jefferson to Madison, April 5, 1798; _Works_: Ford, viii, 398. - -[760] _Ib._ - -[761] Pickering to Jay, April 9, 1798; _Jay_: Johnston, iv, 236. - -[762] Jefferson to Madison, April 26, 1798; _Works_: Ford, viii, 411. -Among the Republicans who deserted their posts Jefferson names Giles, -Nicholas, and Clopton. - -[763] Jefferson to Madison, April 6, 1798; _ib._, 403. - -[764] _Ib._, April 12, 1798; _ib._, 404. - -[765] Jefferson to Carr, April 12, 1798; _Works_: Ford, viii, 405-06. - -[766] Madison to Jefferson, April 15, 1798; _Writings_: Hunt, vi, 315. - -[767] Washington to Pickering, April 16, 1798; _Writings_: Ford, xiii, -495. - -[768] Washington to Hamilton, May 27, 1798; _ib._, xiv, 6-7. - -[769] Sedgwick to King, May 1, 1798; King, ii, 319. - -[770] Ames to Gore, Dec. 18, 1798; _Works_: Ames, i, 245-46. - -[771] Troup to King, June 3, 1798; King, ii, 329. - -[772] Jefferson to Madison, May 3, 1797, _Works_: Ford, viii, 413. - -[773] Jefferson to Monroe, March 7, 1801; _ib._, ix, 203. - -[774] Higginson to Pickering, June 26, 1798; Pickering MSS., Mass. Hist. -Soc. - -[775] Jonathan Mason to Otis, May 28, 1798; Morison, i, 95-96. - -[776] Troup to King, June 3, 1798; King, ii, 329. - -[777] _Ib._, 330; and see letters of Bingham, Lawrence, and Cabot to -King, _ib._, 331-34. From the newspapers of the time, McMaster has drawn -a brilliant picture of the thrilling and dramatic scenes which all over -the United States marked the change in the temper of the people. -(McMaster, ii, 376 _et seq._) - -[778] "Hail Columbia exacts not less reverence in America than the -Marseillaise Hymn in France and Rule Britannia in England." (Davis, -128.) - -[779] Norfolk (Va.) _Herald_, June 25, 1798. - -[780] Troup to King, June 23, 1798; King, ii, 349. - -[781] Even Franklin's welcome on his first return from diplomatic -service in England did not equal the Marshall demonstration. - -[782] A strenuously Republican environ of Philadelphia. - -[783] _Gazette of the United States_, June 20, 1798; see also -Claypoole's _American Daily Advertiser_, Wednesday, June 20, 1798. - -[784] _Gazette of the United States_, June 21, 1798. - -[785] _Aurora_, June 21, 1798; and see _ib._, June 20. - -[786] Jefferson to Madison, June 21, 1798; _Works_: Ford, viii, 439-40. - -[787] General Marshall at O'Eller's Hotel, June 23, 1798; Jefferson -MSS., Lib. Cong. - -[788] _Green Bag_, viii, 482-83. - -[789] Marshall to Jefferson; Jefferson MSS., Lib. Cong. - -[790] Pickering to Marshall, Sept. 20, 1798; Pickering MSS., Mass. Hist. -Soc. - -[791] This sentiment has been ascribed to General C. C. Pinckney, -Marshall's colleague on the X. Y. Z. mission. But it was first used at -the Philadelphia banquet to Marshall. Pinckney's nearest approach to it -was his loud, and wrathful, "No! not a sixpence!" when Hottenguer made -one of his incessant demands for money. (See _supra_, 273.) - -[792] Claypoole's _American Daily Advertiser_, Wednesday, June 20, 1798; -Pa. Hist. Soc. The toasts drank at this dinner to Marshall illustrate -the popular spirit at that particular moment. They also furnish good -examples of the vocabulary of Federalism at the period of its revival -and only two years before its annihilation by Jefferson's new party:-- - - "1. The United States--'free, sovereign & independent.' - - "2. The people and the Government--'one and indivisible.' - - "3. The President--'some other hand must be found to sign the - ignominious deed' that would surrender the sovereignty of his - Country. - - "4. General Washington--'His name a rampart & the Knowledge that - he lives a bulwark against mean and secret enemies of his - Country's Peace.' - - "5. General Pinckney. ''Tis not in mortals to command success: He - has done more--deserved it.' - - "6. The Officers & Soldiers of the American Army. 'May glory be - their Theme, Victory their Companion, & Gratitude & Love their - Rewards.' - - "7. The Navy of the United States. 'May its infant efforts, like - those of Hercules, be the Presage of its future Greatness.' - - "8. The Militia. 'May they never cease to combine the Valor of - the Soldier with the Virtues of the Citizen.' - - "9. The Gallant Youth of America. 'May they disdain to hold as - Tenants at Will, the Independence inherited from their - ancestors.' - - "10. The Heroes who fell in the Revolutionary War. 'May their - memory never be dishonored by a surrender of the Freedom - purchased with their Blood.' - - "11. The American Eagle. 'May it regard with disdain the crowing - of the Gallic cock.' - - "12. Union & Valour--infallible Antidotes against diplomatic - skill. - - "13. Millions for Defense but not a cent for Tribute. - - "14. The first duties of a good citizen--Reverence for the Laws - and Respect for the Magistracy. - - "15. Agriculture & Commerce--A Dissolution of whose partnership - will be the Bankruptcy of both. - - "16. The Constitution--'Esto Perpetua.' - - "After General Marshall Retired:-- - - "General Marshall--The man whom his country delights to Honor." - (_Ib._, June 25, 1798.) - -[793] Claypoole's _American Daily Advertiser_, Monday, June 25, 1798; -and _Gazette of the United States_, Saturday, June 23, 1798. - -[794] _Ib._, June 25, 1798; and June 23, 1798. - -[795] Adams to Congress, June 21, 1798; _Works_: Adams, ix, 158; and -Richardson, i, 266. Italics are mine. - -[796] _Infra_, chap. XII. - -[797] Marshall to Washington, June 22, 1798; MS., Lib. Cong. - -[798] _Aurora_, June 30, 1798. - -[799] _Gazette of the United States_, June 28, 1797. - -[800] _Columbian Centinel_, Boston, Sept. 22, 1798. - -[801] Norfolk (Va.) _Herald_, Aug. 30, 1798. - -[802] Troup to King, Nov. 16, 1798; King, ii, 465; and see same to same, -July 10, 1798; _ib._, 363. - -[803] Carey's _United States Recorder_, Aug. 16, 1798. - -[804] McMaster, ii, 380-85; Hildreth, v, 203 _et seq._ - -[805] McMaster, ii, 380-85. - -[806] "Oration of Robert Treat Paine to Young Men of Boston," July 17, -1799; in Works of _Robert Treat Paine_, ed. 1812, 301 _et seq._ - -[807] Washington to Murray, Aug. 10, 1798; _Writings_: Ford, xiv, 72. - -[808] Norfolk (Va.) _Herald_, July 10, 1798. - -[809] Washington to Jas. Marshall, July 18, 1798; MS., N.Y. Pub. Lib. -And see Washington to Murray, Aug. 10, 1798; _Writings_: Ford, xiv, 71. -"I ... hope that ... when the Despots of France find how much they ... -have been deceived by their partisans _among us_, ... that an appeal to -arms ... will be ... unnecessary." (_Ib._) - -[810] Troup to King, July 10, 1798; King, ii, 362. - -[811] Skipwith to Jefferson, March 17, 1798; Gibbs, ii, 158. - -[812] _Supra_, chap. VIII. - -[813] Skipwith to Jefferson, March 17, 1798; Gibbs, ii, 158. - -[814] Washington to Adams, July 4, 1798; _Writings_: Ford, xiv, 15-19. - -[815] See _infra_, chap. XII. - -[816] See Marshall (1st ed.), v, footnote to 743; Hildreth, v, 218; also -McMaster, ii, 390. - -[817] Jefferson to Carr, April 12, 1798; _Works_: Ford, viii, 405. - -[818] Jefferson to Stuart, June 8, 1798; _ib._, 436. - -[819] Washington to McHenry, May, 1798; _Writings_: Ford, xiii, footnote -to 495. - -[820] Jefferson to Gerry, Jan. 26, 1799; _Works_: Ford, ix, 21-22. - -[821] Troup to King, July 10, 1798; King, ii, 363. - -[822] King to Hamilton, London, July 14, 1798; _ib._, 365. - -[823] Smith to Wolcott, Lisbon, Aug. 14, postscript Aug. 17, 1798; -Gibbs, ii, 120. - -[824] King to Troup, July 31, 1798; King, ii, 377. - -[825] King to Pickering, July 19, 1798; _ib._, 370. - -[826] Murray to J. Q. Adams, June 8, 1787; _Letters_: Ford, 416. - -[827] Troup to King, July 10, 1798; King, ii, 363. - -[828] Sedgwick to King, July 1, 1798; _ib._, 353. - -[829] Cabot to King, July 2, 1798; _ib._, 353. - -[830] Higginson to Wolcott, Sept. 11, 1798; Gibbs, ii, 107. - -[831] King to Hamilton, London, July 14, 1798; King, ii, 365. - -[832] Thomas Pinckney to King, July 18, 1798; King, ii, 369. - -[833] Pickering to King, Sept. 15, 1798, quoting Pinckney; _ib._, 414. -Italics are Pinckney's. - -[834] Troup to King, Oct. 2, 1798; _ib._, 432-33. - -[835] Washington to Pickering, Oct. 26, 1798; _Writings_: Ford, xiv, -121. - -[836] Marshall to Pickering, Aug. 11, 1798; Pickering MSS., Mass. Hist. -Soc. - -[837] Beaumarchais. - -[838] Pickering to Marshall, Sept. 4, 1798; Pickering MSS., Mass. Hist. -Soc. - -[839] Marshall to Secretary of State, Sept. 15, 1798; _ib._ - -[840] Pickering to Marshall, Oct. 19, 1798; _ib._ - -[841] Cabot to King, April 26, 1798; King, iii, 9. - -[842] Pickering to Marshall, Nov. 5, 1798; Pickering MSS. - -[843] Marshall to Pickering, Nov. 12, 1798; _ib._ - -[844] See next chapter. - -[845] Marshall to Pickering, Oct. 15, 1798; Pickering MSS., Mass. Hist. -Soc. - -[846] Marshall to Pickering, Oct. 22, 1798; _ib._, Mass. Hist. Soc., -xxiii, 251. - -[847] Jefferson to Pendleton, Jan. 29, 1799; _Works_: Ford, ix, 27-28. - -[848] Marshall to Pickering, November 12, 1798; Pickering MSS., Mass. -Hist. Soc. - -[849] Marshall to Secretary of State, Feb. 19, 1799; _ib._ - -[850] Marshall's fourth child, born January 15, 1798, during Marshall's -absence in France. - -[851] Marshall to his wife, Richmond, Aug. 18, 1798; MS. Mrs. Marshall -remained in Winchester, where her husband had hurried to see her after -leaving Philadelphia. Her nervous malady had grown much worse during -Marshall's absence. Mrs. Carrington had been "more than usual occupied -with my poor sister Marshall ... who fell into a deep melancholy. Her -husband, who might by his usual tenderness (had he been here) have -dissipated this frightful gloom, was long detained in France.... The -malady increased." (Mrs. Carrington to Miss C[airns], 1800; Carrington -MSS.) - -[852] Marshall to Pickering, August 11, 1798; Pickering MSS., Mass. -Hist. Soc., xxiii, 33. - -[853] Pickering to Marshall, Sept. 4, 1798; _ib._ - -[854] Archives, State Department. Thirty-five hundred dollars was placed -at Marshall's disposal when he sailed for France, five hundred dollars -in specie and the remainder by letter of credit on governments and -European bankers. (Marshall to Secretary of State, July 10, 1797; -Pickering MSS. Also Archives, State Department.) He drew two thousand -dollars more when he arrived at Philadelphia on his return (June 23; -_ib._), and $14,463.97 on Oct. 13 (_ib._). - -[855] The "Anas"; _Works_: Ford, i, 355. - - - - -CHAPTER X - -CANDIDATE FOR CONGRESS - - Of the three envoys, the conduct of General Marshall alone has - been entirely satisfactory. (Adams.) - - In heart and sentiment, as well as by birth and interest, I am an - American. We should make no political connection with any nation - on earth. (Marshall to constituents.) - - Tell Marshall I love him because he felt and acted as a Republican - and an American. (Patrick Henry.) - - -In the congressional campaign of 1798-99, the Federalists of the -Richmond District were without a strong candidate. The one they had put -up lacked that personal popularity which then counted for as much in -political contests as the issues involved. Upon Marshall's return from -France and his enthusiastic reception, ending with the Richmond -demonstration, the Federalist managers pressed Marshall to take the -place of the candidate then running, who, indeed, was anxious to -withdraw in his favor. But the returned envoy refused, urged the -Federalist then standing to continue his candidacy, and pledged that he -would do all in his power to secure his election. - -Finally Washington asked Marshall to come to see him. "I received an -invitation from General Washington," writes Marshall in his account of -this important event, "to accompany his nephew ... on a visit to Mount -Vernon."[856] - -When Bushrod Washington wrote that Marshall accepted the invitation, the -General was extremely gratified. "I learnt with much pleasure ... of -General Marshall's intention to make me a visit," he writes his nephew. -"I wish it of all things; and it is from the ardent desire I have to see -him that I have not delayed a moment to express it.... The crisis is -most important.... The temper of the people in this state ... is so -violent and outrageous that I wish to converse with General Marshall and -yourself on the elections which must soon come."[857] Washington says -that when his visitors arrive the matter of the fictitious Langhorne -letter will also be taken up "and we will let General Marshall into the -whole business and advise with him thereon."[858] - -To Mount Vernon, therefore, Marshall and his companion journeyed on -horseback. For convenience in traveling, they had put their clothing in -the same pair of saddle-bags. They arrived in a heavy rain and were -"drenched to the skin." Unlocking the saddle-bags, the first article -they took out was a black bottle of whiskey. With great hilarity each -charged this to be the property of the other. Then came a thick twist of -tobacco, some corn bread, and finally the worn apparel of wagoners; at -some tavern on the way their saddle-bags had become exchanged for those -of drivers. The rough clothes were grotesque misfits; and when, clad in -these, his guests presented themselves, Washington, roaring with -laughter, expressed his sympathy for the wagoners when they, in turn, -discovered the exchange they had made with the lawyers.[859] In such -fashion began the conference that ended in John Marshall's candidacy for -Congress in the vital campaign of 1798-99. - -This was the first time, so far as is known, that Marshall had visited -Washington at his Potomac home. No other guest except Washington's -nephew seems to have been present at this conference, so decisive of -Marshall's future. The time was September, 1798, and the conversations -were held on the broad piazza,[860] looking out upon the river, with the -new Capitol almost within sight. There, for "four or five days," his old -commander used all his influence to induce Marshall to become the -Federalist candidate. - -"General Washington urged the importance of the crisis," writes Marshall -in describing the circumstance; "every man," insisted Washington, "who -could contribute to the success of sound opinions was required by the -most sacred duty to offer his services to the public." Marshall doubted -his "ability to do any good. I told him that I had made large pecuniary -engagements which required close attention to my profession and which -would distress me should the emoluments derived from it be abandoned." - -Marshall told of his promise to the Federalist candidate who was then -making his campaign for election. Washington declared that this -candidate still would withdraw in Marshall's favor; but Marshall -remained unshaken. Finally Washington gave his own conduct as an -example. Marshall thus describes the final appeal which his old leader -made to him: "He had withdrawn from office with a declaration of his -determination never again, under any circumstances, to enter public -life. No man could be more sincere in making that declaration, nor could -any man feel stronger motives for adhering to it. No man could make a -stronger sacrifice than he did in breaking a resolution, thus publicly -made, and which he had believed to be unalterable. Yet I saw him," -continues Marshall, "in opposition to his public declaration, in -opposition to his private feelings, consenting, under a sense of duty, -to surrender the sweets of retirement, and again to enter the most -arduous and perilous station which an individual could fill. My -resolution yielded to this representation."[861] - -There is a tradition that, at one point in the conference, Marshall, -becoming offended by Washington's insistence, which, runs the story, -took the form of a peremptory and angrily expressed command, determined -to leave so early in the morning that his host would have no opportunity -to press the matter further; but, Washington noting Marshall's -irritation and anticipating his purpose, was on the piazza when his -departing guest appeared at dawn, and there made the final appeal which -won Marshall's reluctant consent. - -Marshall felt that he was making a heavy personal sacrifice; it meant to -him the possible loss of the Fairfax estate. As we have seen, he had -just declined appointment to the Supreme Bench[862] for this very -reason, and this place later was given to Bushrod Washington, largely on -Marshall's advice.[863] Adams had been reluctant to give Marshall up as -one of the Associate Justices of the Supreme Court; "General Marshall or -Bushrod Washington will succeed Judge Wilson," wrote the President to -his Secretary of State[864] nearly three months after the first tender -of the place to Marshall in Philadelphia. Later on the President again -returned to Marshall. - -"I still think that General Marshall ought to be preferred," he wrote. -"Of the three envoys, the conduct of Marshall alone has been entirely -satisfactory, and ought to be marked by the most decided approbation of -the public. He has raised the American people in their own esteem, and, -if the influence of truth and justice, reason and argument is not lost -in Europe, he has raised the consideration of the United States in that -quarter of the world.... If Mr. Marshall should decline, I should next -think of Mr. [Bushrod] Washington."[865] - -Washington's appeal to Marshall's patriotism and sense of duty, however, -outbalanced the weighty financial reasons which decided him against -becoming an Associate Justice of the Supreme Court. Thus, against his -desire, he found himself once more in the hurly-burly of partisan -politics. But this time the fight which he was forced to lead was to be -desperate, indeed. - -The moment Marshall announced his candidacy he became the center of -Republican attack in Virginia. The virulence of the campaign against him -was so great that it has become a tradition; and while scarcely any of -the personal assaults, which appeared in print, are extant, they are -known to have been ruthless, and utterly unrestrained both as to the -charges made and the language used in making them. - -In his scurrilous review of Adams's Administration, which Adams properly -denounced as "a Mass of Lyes from the first page to the last,"[866] John -Wood repeats the substance of some of the attacks which, undoubtedly, -were launched against Marshall in this bitter political conflict. "John -Marshall," says Wood, "was an improper character in several respects; -his principles of aristocracy were well known. Talleyrand, when in -America, knew that this man was regarded as a royalist and not as a -republican, and that he was abhorred by most honest characters."[867] - -The abuse must have been very harsh and unjust; for Marshall, who seldom -gave way to resentment, complained to Pickering with uncharacteristic -temper. "The whole malignancy of Anti-federalism," he writes, "not only -in the district, where it unfortunately is but too abundant, but -throughout the State, has become uncommonly active and considers itself -as peculiarly interested in the reëlection of the old member [Clopton]. - -"The Jacobin presses, which abound with us and only circulate within the -State, teem with publications of which the object is to poison still -further the public opinion and which are level'd particularly at me. -Anything written by me on the subject of French affairs wou'd be -ascrib'd to me, whether it appear'd with or without my signature and -wou'd whet and sharpen up the sting of every abusive scribbler who had -vanity enough to think himself a writer because he cou'd bestow personal -abuse and cou'd say things as malignant as they are ill founded."[868] - -The publication of the American envoys' dispatches from France, which -had put new life into the Federalist Party, had also armed that decaying -organization with enough strength to enact the most imprudent measures -that its infatuated leaders ever devised. During June and July, 1798, -they had succeeded in driving through Congress the famous Alien and -Sedition Laws.[869] - -The Alien Act authorized the President to order out of the country all -aliens whom he thought "dangerous" or "suspected" of any "treasonable or -secret machination against the government" on pain of imprisonment not -to exceed three years and of being forever afterwards incapacitated from -becoming citizens of the United States. But if the alien could prove to -the satisfaction of the President that he was not dangerous, a -presidential "license" might be granted, permitting the alien to remain -in the United States as long as the President saw fit and in such place -as he might designate. If any expelled alien returned without permission -he was to be imprisoned as long as the President thought "the public -safety may require." - -The Sedition Act provided penalties for the crime of unlawful -combination and conspiracy against the Government;[870] a fine not -exceeding two thousand dollars and imprisonment not exceeding two years -for any person who should write, print, publish, or speak anything -"false, scandalous and malicious" against the Government, either House -of Congress, or the President "with intent to defame" the Government, -Congress, or the President, or "to bring them or either of them into -contempt or disrepute; or to excite against them or either or any of -them the hatred of the good people of the United States, or to stir up -sedition within the United States." - -When Jefferson first heard of this proposed stupid legislation, he did -not object to it, even in his intimate letters to his lieutenant -Madison.[871] Later, however, he became the most ferocious of its -assailants. Hamilton, on the other hand, saw the danger in the Sedition -Bill the moment a copy reached him: "There are provisions in this -bill ... highly exceptionable," he wrote. "I hope sincerely the thing -may not be hurried through. Let us not establish a tyranny. Energy is a -very different thing from violence."[872] When Madison got the first -inkling of the Alien Bill, he wrote to Jefferson that it "is a monster -that must forever disgrace its parents."[873] - -As soon as the country learned what the Alien and Sedition Laws -contained, the reaction against the Federalist Party began. In vain did -the Federalists plead to the people, as they had urged in the debate in -Congress, that these laws were justified by events; in vain did they -point out the presence in America of large numbers of foreigners who -were active and bitter against the American Government; in vain did they -read to citizens the abuse published in newspapers against the -Administration and cite the fact that the editors of these libelous -sheets were aliens.[874] - -The popular heart and instinct were against these crowning blunders of -Federalism. Although the patriotic wave started by Marshall's return and -the X. Y. Z. disclosures was still running strong, a more powerful -counter-current was rising. "Liberty of the press," "freedom of speech," -"trial by jury" at once became the watchwords and war-cries of -Republicanism. On the hustings, in the newspapers, at the taverns, the -Alien and Sedition Laws were denounced as unconstitutional--they were -null and void--no man, much less any State, should obey or respect them. - -The Alien Law, said its opponents, merged the Judicial and the Executive -Departments, which the Constitution guaranteed should be separate and -distinct; the Sedition Act denied freedom of speech, with which the -Constitution expressly forbade Congress to interfere; both struck at the -very heart of liberty--so went the Republican argument and appeal.[875] - -In addition to their solid objections, the Republicans made delirious -prophecies. The Alien and Sedition Laws were, they asserted, the -beginning of monarchy, the foundation of absolutism. The fervid -Jefferson indulged, to his heart's content, in these grotesque -predictions: "The alien & sedition laws are working hard," declared the -great Republican. Indeed, he thought them only "an experiment on the -American mind to see how far it will bear an avowed violation of the -constitution. If this goes down, we shall immediately see attempted -another act of Congress declaring that the President shall continue in -office during life, reserving to another occasion the transfer of the -succession to his heirs, and the establishment of the Senate for -life.... That these things are in contemplation, I have no doubt; nor -can I be confident of their failure, after the dupery of which our -countrymen have shewn themselves susceptible."[876] - -Washington was almost as extravagant on the other side. When an opponent -of the Alien and Sedition Acts asked him for his opinion of them, he -advised his questioner to read the opposing arguments "and consider to -what lengths a certain description of men in our country have already -driven and seem resolved further to drive matters" and then decide -whether these laws are not necessary, against those "who acknowledge no -allegiance to this country, and in many instances are sent among us ... -for the express purpose of poisoning the minds of our people,--and to -sow dissensions among them, in order to alienate their affections from -the government of their choice, thereby endeavoring to dissolve the -Union."[877] - -Washington thought that the ferocious Republican attack on the Alien and -Sedition Laws was but a cunning maneuver of politicians, and this, -indeed, for the moment at least, seems to have been the case. "The Alien -and Sedition Laws are now the desiderata of the Opposition.... But any -thing else would have done,--and something there will always be, for -them to torture; and to disturb the public mind with their unfounded and -ill favored forebodings" was his pessimistic judgment.[878] - -He sent "to General Marshall Judge Addison's charge to the grand juries -of the county courts of the Fifth Circuit of the State of -Pennsylvania.... This charge is on the liberty of speech and of the -press and is a justification of the sedition and alien laws. But," wrote -Washington, "I do not believe that ... it ... or ... any other writing -will produce the least change in the conduct of the leaders of the -opposition to the measures of the general government. They have points -to carry from which no reasoning, no consistency of conduct, no -absurdity can divert them. If, however, such writings should produce -conviction in the mind of those who have hitherto placed faith in their -assertions, it will be a fortunate event for this country."[879] - -Marshall had spoken in the same vein soon after his arrival at Richmond. -"The people ... are pretty right as it respects France," he reports to -the Secretary of State. The Republican criticisms of the X. Y. Z. -mission "make so little impression that I believe France will be given -up and the attack upon the government will be supported by the alien and -sedition laws. I am extremely sorry to observe that here they are more -successful and that these two laws, especially the sedition bill, are -viewed by a great many well meaning men, as unwarranted by the -constitution. - -"I am entirely persuaded that with many the hate of Government of our -country is implacable and that if these bills did not exist the same -clamor would be made by them on some other account, but," truthfully and -judicially writes Marshall, "there are also many who are guided by very -different motives, and who tho' less noisy in their complaints are -seriously uneasy on this subject."[880] - -The Republicans pressed Marshall particularly hard on the Alien and -Sedition Laws, but he found a way to answer. Within a few days after he -had become the Federalist candidate, an anonymous writer, signing -himself "Freeholder," published in the Richmond newspapers an open -letter to Marshall asking him whether he was for the Constitution; -whether the welfare of America depended on a foreign alliance; whether a -closer connection with Great Britain was desirable; whether the -Administration's conduct toward France was wise; and, above all, -whether Marshall was "an advocate of the alien and sedition bills or in -the event of your election will you use your influence to obtain a -repeal of these laws?" - -In printing Marshall's answers to "Freeholder," the "Times and Virginia -Advertiser" of Alexandria remarked: "Mr. John Marshall has offered as a -candidate for a representative in the next Congress. He has already -begun his electioneering campaign. The following are answers to some -queries proposed to him. Whether the queries were propounded with a view -of discovering his real sentiments, or whether they were published by -one of his friends to serve electioneering purposes, is immaterial:--The -principles Mr. Marshall professes to possess are such as influence the -conduct of every real American."[881] - -A week later Marshall published his answers. "Every citizen," says he, -"has a right to know the political sentiments of a candidate"; and -besides, the candidate wishes everybody to know his "real principles" -and not "attribute" to him "those with which active calumny has ... -aspersed" him. In this spirit Marshall answers that "in heart and -sentiment, as well as by birth and interest," he is "an American; -attached to the ... Constitution ... which will preserve us if we -support it firmly." - -He is, he asserts, against any alliance, "offensive or defensive," with -Great Britain or "any closer connection with that nation than already -exists.... No man in existence is more decidedly opposed to such an -alliance or more fully convinced of the evils that would result from -it." Marshall declares that he is for American neutrality in foreign -wars; and cites his memorial to Talleyrand as stating his views on this -subject. - -"The whole of my politics respecting foreign nations, are reducible to -this single position: ... Commercial intercourse with all, but political -ties with none ... buy as cheap and sell as dear as possible ... never -connect ourselves politically with any nation whatever." - -He disclaims the right to speak for the Administration, but believes it -to have the same principles. If France, while at war with Great Britain, -should also make war on America, "it would be madness and folly" not to -secure the "aid of the British fleets to prevent our being invaded"; -but, not even for that, would he "make such a sacrifice as ... we should -make by forming a permanent political connection with ... any nation on -earth." - -Marshall says that he believes the Administration's policy as regards -France to have been correct, and necessary to the maintenance "of the -neutrality and independence of our country." Peace with France was not -possible "without sacrificing those great objects," for "the primary -object of France is ... dominion over others." The French accomplish -this purpose by "immense armies on their part and divisions among ... -those whom they wish to subdue." - -Marshall declares that he is "not an advocate of the Alien and Sedition -Bills," and, had he been in Congress, "certainly would have opposed -them," although he does not "think them fraught with all those mischiefs -ascribed to them." But he thinks them "useless ... calculated to create -unnecessary discontents and jealousies"; and that, too, "at a time when -our very existence as a nation may depend on our union." - -He believes that those detested laws "would never have been enacted" if -they had been opposed on these principles by a man not suspected of -intending to destroy the government or being hostile to it." The effort -to repeal them "will be made before he can become a member of Congress"; -if it fails and is renewed after he takes his seat, he "will obey the -voice of his constituents." He thinks, however, it will be unwise to -revive the Alien and Sedition Acts which are, by their own terms, about -to expire; and Marshall pledges that he will "indisputably oppose their -revival."[882] - -Upon Marshall as their favorite candidate for Congress, the eyes of the -Federalist leaders in other States were focused. They were particularly -anxious and uncertain as to his stand on the Alien and Sedition Laws; -for he seems to have privately expressed, while in Philadelphia on his -return from France, a mild disapproval of the wisdom and political -expediency of this absurd legislation. His answers to "Freeholder" were -therefore published everywhere. When the New England Federalists read -them in the "Columbian Centinel" of Saturday, October 20, most of them -were as hot against Marshall as were the rabid Virginia Republicans. - -Ames whetted his rhetoric to razor edge and slashed without mercy. He -describes Republican dismay when Marshall's dispatches were published: -"The wretches [Republicans] looked round, like Milton's devils when -first recovering from the stunning force of their fall from Heaven, to -see what new ground they could take." They chose, says Ames, "the -alien and sedition bills, and the land tax" with which to arouse -discontent and revive their party. So "the implacable foes of the -Constitution--foes before it was made, while it was making, and -since--became full of tender fears lest it should be violated by -the alien and sedition laws." - -The Federalists, complained Ames, "are forever hazarding the cause by -heedless and rash concessions. John Marshall, with all his honors in -blossom and bearing fruit, answers some newspaper queries unfavorably to -these laws.... No correct man,--no incorrect man, even,--whose -affections and feelings are wedded to the government, would give his -name to the base opposers of the law.... This he has done. Excuses may -palliate,--future zeal in the cause may partially atone,--but his -character is done for.... Like a man who in battle receives an ounce -ball in his body--it may heal, it lies too deep to be extracted.... -There let it lie. False Federalists, or such as act wrong from false -fears, should be dealt hardly by, if I were Jupiter Tonans.... The -moderates [like Marshall] are the meanest of cowards, the falsest of -hypocrites."[883] Theodore Sedgwick declared that Marshall's "mysterious -& unpardonable" conduct had aided "french villainy" and that he had -"degraded himself by a mean & paltry electioneering trick."[884] - -At first, the Republicans praised Marshall's stand; and this made the -New England Federalists frantic. Cabot, alone, defended Marshall in the -press, although not over his own name and only as a matter of party -tactics. He procured some one to write to the "Columbian Centinel" under -the name of "A Yankee Freeholder." This contributor tried to explain -away Marshall's offense. - -"General Marshall is a citizen too eminent for his talents, his virtues -and his public services, to merit so severe a punishment as to [receive -the] applause of disorganizers [Republicans]." He should be saved from -the "admiration of the _seditious_"--that much was due to Marshall's -"spirit, firmness and eloquence" in the contest with "the Despots of -_France_." As "drowning men would catch at straws" so "the eagle-eyed -and disheartened sons of faction" had "with forlorn and desperate ... -avidity ... seized on" Marshall's answers to "Freeholder." - -And no wonder; for "even _good men_ have stood appalled, at observing a -man whom they so highly venerate soliciting votes at the expense of -principles which they deem sacred and inviolable." "Yankee Freeholder" -therefore proposes "to vindicate General MARSHALL." - -Marshall was the only Richmond Federalist who could be elected; he -"patriotically" had consented to run only because of "the situation and -danger of his country at this moment." Therefore "it was absolutely -necessary to take all the ordinary steps" to succeed. This "may appear -extraordinary ... to those who are only acquainted with the delicacy of -_New England_ elections where _personal_ solicitation is the -Death-warrant to success"; but it was "not only pardonable but -necessary ... in the Southern States." - -"Yankee Freeholder" reminded his readers that "Calumny had assailed -General MARSHALL, in common with other men of merit." Virginia -newspapers had "slandered him"; politicians had called him -"_Aristocrat_, _Tory_, and _British Agent_. All this abuse ... would -infallibly have rendered him popular in _New-England_"--but not so in -"_Virginia_," where there were "too many ignorant, ill-informed and -inflamed minds." - -Therefore, "it became necessary that General MARSHALL should explicitly -exhibit his political creed." After all, his answers to "Freeholder" -were not so bad--he did not assail the constitutionality of the Alien -and Sedition Laws. "If Gen. MARSHALL thought them unconstitutional or -dangerous to liberty, would he" be content merely to say they were -unnecessary? "Would a man of General MARSHALL'S force of reasoning, -simply denominate _laws useless_," if he thought them unconstitutional? -"No--the idea is too absurd to be indulged.... Time and General -MARSHALL'S conduct will hereafter prove that I am not mistaken in my -opinion of his sentiments."[885] - -Cabot's strategy had little effect on New England, which appeared to -dislike Virginia with a curious intolerance. The Essex County -politician, nevertheless, stood by his guns; and six months later thus -reassures King: "I am ready to join you as well as Ames in reprobating -the publication of Marshall's sentiments on the Sedition & Alien Acts, -but I still _adhere_ to my first opinion that Marshall ought not to be -attacked in the Newspapers, nor too severely condemned anywhere, because -Marshall has not yet learned his whole lesson, but has a mind & -disposition which can hardly fail to make him presently an accomplished -(political) Scholar & a very useful man. - -"Some allowance too should be made," contends Cabot, "for the influence -of the Atmosphere of Virginia which doubtless makes every one who -breathes it visionary &, upon the subject of Free Govt., incredibly -credulous; but it is certain that Marshall at Phila. would become a most -powerful auxiliary to the cause of order & good Govt., & _therefore_ we -ought not to diminish his fame which wou'd ultimately be a loss to -ourselves."[886] - -The experienced practical politician, Sedgwick, correctly judged that -"Freeholder's" questions to Marshall and Marshall's answers were an -"electioneering trick." But Pickering stoutly defended Marshall upon -this charge. "I have not met with one good federalist, who does not -regret his answers to the Freeholder; but I am sorry that it should be -imagined to be an 'electioneering trick.'... General Marshall is -incapable of doing a dishonorable act." Only Marshall's patriotism had -induced him to accept the French mission, said the Secretary of -State.[887] Nothing but "the urging of friends ... overcame his -reluctance to come to Congress.... A man of untainted honor," had -informed Pickering that "Marshall is a _Sterling fellow_."[888] - -The Federalists' complaints of him continued to be so strong and -widespread, however, that they even reached our legations in Europe: "I -too have lamented that John Marshall, after such a mission particularly, -should lend himself thus against a law which the French Jacobinism in -the United States had forced government to adopt. M[arshall] _before_, -was not, that we ever heard of, one of us."[889] - -Toward the end of October Marshall gives his private opinion of the -Virginia Republicans and their real motives, and foretells the Virginia -Resolutions. "The real french party of this country again begins to -show itself," he writes. "There are very many indeed in this part of -Virginia who speak of our own government as an enemy infinitely more -formidable and infinitely more to be guarded against than the French -Directory. Immense efforts are made to induce the legislature of the -state which will meet in Dec'r to take some violent measure which may be -attended with serious consequences. I am not sure that these efforts -will entirely fail. It requires to be in this part of Virginia to know -the degree of irritation which has been excited and the probable extent -of the views of those who excite it."[890] - -The most decent of the attacks on Marshall were contained in a series of -open letters first published in the "Aurora"[891] and signed "Curtius." - -"You have long been regarded," writes Curtius, "as the leader of that -party in this State" which has tried "by audacious efforts to erect a -monarchy or aristocracy upon the ruins of our free constitution. The -energy of your mind and the violence of your zeal have exalted you to -this bad eminence." If you had "employed your talents in defense of the -people ... your history would have been read in a nation's eyes." - -"The publication of your dispatches and the happy exercise of diplomatic -skill has produced a momentary delusion and infatuation in which an -opposition to the administration is confounded with hostility to the -government and treason to the country.... The execrations and yells -against French cruelty and French ambition, are incessantly kept up by -the hirelings of Great Britain and the enemies of liberty." - -But, he cries, "the vengeance of an oppressed and insulted people is -almost as terrible as the wrath of Heaven"; and, like a true partisan, -Curtius predicts that this is about to fall on Marshall. Why, he asks, -is Marshall so vague on the constitutionality of the Alien and Sedition -Laws?[892] "Notwithstanding the magnitude ... of your talents, you are -ridiculously awkward in the arts of dissimulation and hypocrisy.... It -is painful to attack ... a man whose talents are splendid and whose -private character is amiable"; but "sacred duties ... to the cause of -truth and liberty require it." Alas for Marshall! "You have lost -forever," Curtius assures him, "the affection of a nation and the -applause of a world. In vain will you pursue the thorny and rugged path -that leads to fame."[893] - -But while "monarchist," "aristocrat," "British agent," "enemy of free -speech," "destroyer of trial by jury" were among the more moderate -epithets that filled the air from Republican lips; and "anarchist," -"Frenchman," "traitor," "foe of law and order," "hater of government" -were the milder of the counter-blasts from the Federalists, all this was -too general, scattered, and ineffective to suit the leader of the -Republican Party. Jefferson saw that the growing popular rage against -the Alien and Sedition Laws must be gathered into one or two -concentrated thunderbolts and thus hurled at the heads of the already -quaking Federalists. - -How to do it was the question to which Jefferson searched for an answer. -It came from the bravest, most consistent, most unselfish, as well as -one of the very ablest of Republicans, John Taylor "of Caroline," -Virginia. In a letter to Jefferson concerning the Alien and Sedition -Laws, this eminent and disinterested radical suggested that "_the right -of the State governments to expound the constitution_ might possibly be -made the basis of a movement towards its amendment. If this is -insufficient the people in state conventions are incontrovertibly the -contracting parties and, possessing the infringing rights, may proceed -by orderly steps to attain the object."[894] - -So was planted in Jefferson's mind the philosophy of secession. In that -fertile and receptive soil it grew with magic rapidity and bore fatal -fruit. Within two months after he received Taylor's letter, Jefferson -wrote the historic resolutions which produced a situation that, a few -years afterward, called forth Marshall's first great constitutional -opinion, and, not many decades later, gave the battle-cry that rallied -heroic thousands to armed resistance to the National Government.[895] On -October 5, 1798, Nicholas writes Jefferson that he has delivered to "Mr. -John Breckenridge a copy of the resolutions that you sent me."[896] They -were passed by the Legislature of Kentucky on November 14, 1798; and the -tremendous conflict between Nationality and States' Rights, which for so -long had been preparing, at last was formally begun.[897] Jefferson's -"Kentucky Resolutions" declared that parts of the Alien and Sedition -Laws were "altogether void and of no effect."[898] Thus a State -asserted the "right" of any or all States to annul and overthrow a -National law. - -As soon as Kentucky had acted, Jefferson thus writes Madison: "I enclose -you a copy of the draught of the Kentucky resolves. I think we should -distinctly affirm all the important principles they contain so as to -hold that ground in future, and leave the matter in such a train as that -we may not be committed absolutely to push the matter to extremities, & -yet may be free to push as far as events will render prudent."[899] - -Madison accordingly drew the resolutions adopted by the Legislature of -Virginia, December 21, 1798. While declaring the Alien and Sedition Laws -unconstitutional, the Virginia Resolutions merely appealed to the other -States to "co-operate with this state in maintaining unimpaired the -authority, rights, and liberties reserved to the states respectively or -to the people."[900] - -The Legislature promptly adopted them and would gladly have approved far -stronger ones. "The leaders ... were determined upon the overthrow of -the General Government; and if no other measure would effect it, that -they would risk it upon the chance of war.... Some of them talked of -'seceding from the Union,'"[901] Iredell writes his wife: "The General -Assembly of Virginia are pursuing steps which directly lead to a civil -war; but there is a respectable minority struggling in defense of the -General Government, and the Government itself is fully prepared for -anything they can do, resolved, if necessary, to meet force with -force."[902] Marshall declared that he "never saw such intemperance as -existed in the V[irginia] Assembly."[903] - -Following their defiant adoption of Madison's resolutions, the -Republican majority of the Legislature issued a campaign pamphlet, also -written by Madison,[904] under the form of an address to the people. The -"guardians of State Sovereignty would be perfidious if they did not -warn" the people "of encroachments which ... may" result in "usurped -power"; the State Governments would be "precipitated into impotency and -contempt" in case they yielded to such National laws as the Alien and -Sedition Acts; if like "infractions of the Federal Compact" were -repeated "until the people arose ... in the majesty of their strength," -it was certain that "the way for a revolution would be prepared." - -The Federalist pleas "to disregard usurpation until foreign danger shall -have passed" was "an artifice which may be forever used," because those -who wished National power extended "can ever create national -embarrassments to soothe the people to sleep whilst that power is -swelling, silently, secretly and fatally." - -Such was the Sedition Act which "commits the sacrilege of arresting -reason; ... punishes without trial; ... bestows on the President -despotic powers ... which was never expected by the early friends of -the Constitution." But now "Federal authority is deduced by implication" -by which "the states will be stript of every right reserved." Such -"tremendous pretensions ... inflict a death wound on the Sovereignty of -the States." Thus wrote the same Madison who had declared that nothing -short of a veto by the National Government on "any and every act of the -states" would suffice. There was, said Madison's campaign document, no -"specified power" in the National Government "embracing a right against -freedom of the press"--that was a "constitutional" prerogative of the -States. - -"Calumny" could be redressed in the State courts; but "usurpation can -only be controuled by the act of society [revolution]." Here Madison -quotes _verbatim_ and in italics from Marshall's second letter to -Talleyrand in defense of the liberty of the press, without, however, -giving Marshall credit for the language or argument.[905] Madison's -argument is characteristically clear and compact, but abounds in -striking phrases that suggest Jefferson.[906] - -This "Address" of the Virginia Legislature was aimed primarily at -Marshall, who was by far the most important Federalist candidate for -Congress in the entire State. It was circulated at public expense and -Marshall's friends could not possibly get his views before the people so -authoritatively or so widely. But they did their best, for it was plain -that Madison's Jeffersonized appeal, so uncharacteristic of that former -Nationalist, must be answered. Marshall wrote the reply[907] of the -minority of the Legislature, who could not "remain silent under the -unprecedented" attack of Madison. "Reluctantly," then, they "presented -the present crisis plainly before" the people. - -"For ... national independence ... the people of united America" changed -a government by the British King for that of the Constitution. "The will -of the majority produced, ratified, and conducts" this constitutional -government. It was not perfect, of course; but "the best rule for -freemen ... in the opinion of our ancestors, was ... that ... of -obedience to laws enacted by a majority of" the people's -representatives. - -Two other principles "promised immortality" to this fundamental idea: -power of amendment and frequency of elections. "Under a Constitution -thus formed, the prosperity of America" had become "great and -unexampled." The people "bemoaned foreign war" when it "broke out"; but -"they did not possess even a remote influence in its termination." The -true American policy, therefore, was in the "avoiding of the existing -carnage and the continuance of our existing happiness." It was for this -reason that Washington, after considering everything, had proclaimed -American Neutrality. Yet Genêt had "appealed" to the people "with -acrimony" against the Government. This was resented "for a while only" -and "the fire was rekindled as occasion afforded fuel." - -Also, Great Britain's "unjustifiable conduct ... rekindled our ardor for -hostility and revenge." But Washington, averse to war, "made his last -effort to avert its miseries." So came the Jay Treaty by which "peace -was preserved with honor." - -Marshall then reviews the outbursts against the Jay Treaty and their -subsidence. France "taught by the bickerings of ourselves ... reëchoed -American reproaches with French views and French objects"; as a result -"our commerce became a prey to French cruisers; our citizens were -captured" and British outrages were repeated by the French, our "former -friend ... thereby committing suicide on our national and individual -happiness." - -Emulating Washington, Adams had twice striven for "honorable" -adjustment. This was met by "an increase of insolence and affront." Thus -America had "to choose between submission ... and ... independence. What -American," asks Marshall, "could hesitate in the option?" And, "the -choice being made, self-preservation commanded preparations for -self-defense....--the fleet, ... an army, a provision for the removal -of dangerous aliens and the punishment of seditious citizens." Yet -such measures "are charged with the atrocious design of creating a -monarchy ... and violating the constitution." Marshall argues that -military preparation is our only security. - -"Upon so solemn an occasion what curses would be adequate," asks -Marshall, "to the supineness of our government, if militia were the -only resort for safety, against the invasion of a veteran army, flushed -with repeated victories, strong in the skill of its officers, and led by -distinguished officers?" He then continues with the familiar arguments -for military equipment. - -Then comes his attack on the Virginia Resolutions. Had the criticisms of -the Alien and Sedition Laws "been confined to ordinary peaceable and -constitutional efforts to repeal them," no objection would have been -made to such a course; but when "general hostility to our government" -and "proceedings which may sap the foundations of our union" are -resorted to, "duty" requires this appeal to the people. - -Marshall next defends the constitutionality of these acts. "Powers -necessary for the attainment of all objects which are general in their -nature, which interest all America" and "can only be obtained by the -coöperation of the whole ... would be naturally vested in the government -of the whole." It is obvious, he argues, that States must attend to -local subjects and the Nation to general affairs. - -The power to protect "the nation from the intrigues and conspiracies of -dangerous aliens; ... to secure the union from their wicked -machinations, ... which is essential to the common good," belongs to the -National Government in the hands of which "is the force of the nation -and the general power of protection from hostilities of every kind." -Marshall then makes an extended argument in support of his Nationalist -theory. Occasionally he employs almost the exact language which, years -afterwards, appears in those constitutional opinions from the Supreme -Bench that have given him his lasting fame. The doctrine of implied -powers is expounded with all of his peculiar force and clearness, but -with some overabundance of verbiage. In no writing or spoken word, -before he became Chief Justice of the United States, did Marshall so -extensively state his constitutional views as in this unknown -paper.[908] - -The House of Delegates, by a vote of 92 against 52,[909] refused to -publish the address of the minority along with that of the majority. -Thereupon the Federalists printed and circulated it as a campaign -document. It was so admired by the supporters of the Administration in -Philadelphia that, according to the untrustworthy Callender, ten -thousand copies were printed in the Capital and widely distributed.[910] - -Marshall's authorship of this paper was not popularly known; and it -produced little effect. Its tedious length, lighted only by occasional -flashes of eloquence, invited Republican ridicule and derision. It -contained, said Callender, "such quantities of words ... that you turn -absolutely tired"; it abounded in "barren tautology"; some sentences -were nothing more than mere "assemblages of syllables"; and "the -hypocritical canting that so strongly marks it corresponds very well -with the dispatches of X. Y. and Z."[911] - -Marshall's careful but over-elaborate paper was not, therefore, -generally read. But the leading Federalists throughout the country were -greatly pleased. The address was, said Sedgwick, "a masterly performance -for which we are indebted to the pen of General Marshall, who has, by -it, in some measure atoned for his pitiful electioneering epistle."[912] - -When Murray, at The Hague, read the address, he concluded that Marshall -was its author: "He may have been weak enough to declare _against_ those -laws that _might_ be against the _policy_ or necessity, etc., etc., -etc., yet sustain their constitutionality.... I _hope_ J. Marshall did -write the Address."[913] - -The Republican appeal, unlike that of Marshall, was brief, simple, and -replete with glowing catchwords that warmed the popular heart and fell -easily from the lips of the multitude. And the Republican spirit was -running high. The Virginia Legislature provided for an armory in -Richmond to resist "encroachments" of the National Government.[914] -Memorials poured into the National Capital.[915] By February "the tables -of congress were loaded with petitions against" the unpopular Federalist -legislation.[916] - -Marshall's opinion of the motives of the Republican leaders, of the -uncertainty of the campaign, of the real purpose of the Virginia -Resolutions, is frankly set forth in his letter to Washington -acknowledging the receipt of Judge Addison's charge: "No argument," -wrote Marshall, "can moderate the leaders of the opposition.... However -I may regret the passage of one of the acts complained of [Sedition Law] -I am firmly persuaded that the tempest has not been raised by them. Its -cause lies much deeper and is not easily to be removed. Had they [Alien -and Sedition Laws] never been passed, other measures would have been -selected. An act operating on the press in any manner, affords to its -opposers arguments which so captivate the public ear, which so mislead -the public mind that the efforts of reason" are unavailing. - -Marshall tells Washington that "the debates were long and animated" upon -the Virginia Resolutions "which were substantiated by a majority of -twenty-nine." He says that "sentiments were declared and ... views were -developed of a very serious and alarming extent.... There are men who -will hold power by any means rather than not hold it; and who would -prefer a dissolution of the union to a continuance of an administration -not of their own party. They will risk all ills ... rather than permit -that happiness which is dispensed by other hands than their own." - -He is not sure, he says, of being elected; but adds, perhaps -sarcastically, that "whatever the issue ... may be I shall neither -reproach myself, nor those at whose instance I have become a candidate, -for the step I have taken. The exertions against me by" men in Virginia -"and even from other states" are more "active and malignant than -personal considerations would excite. If I fail," concludes Marshall, -"I shall regret the failure more" because it will show "a temper hostile -to our government ... than of" his own "personal mortification."[917] - -The Federalists were convinced that these extreme Republican tactics -were the beginning of a serious effort to destroy the National -Government. "The late attempt of Virginia and Kentucky," wrote Hamilton, -"to unite the State Legislatures in a direct resistance to certain laws -of the Union can be considered in no other light than as an attempt to -change the government"; and he notes the "hostile declarations" of the -Virginia Legislature; its "actual preparation of the means of supporting -them by force"; its "measures to put their militia on a more efficient -footing"; its "preparing considerable arsenals and magazines"; and its -"laying new taxes on its citizens" for these purposes.[918] - -To Sedgwick, Hamilton wrote of the "tendency of the doctrine advanced by -Virginia and Kentucky to destroy the Constitution of the United States," -and urged that the whole subject be referred to a special committee of -Congress which should deal with the Virginia and Kentucky Resolutions -and justify the laws at which they were aimed. "No pains or expense," he -insisted, "should be spared to disseminate this report.... A little -pamphlet containing it should find its way into every house in -Virginia."[919] - -Thus the congressional campaign of 1798-99 drew to a close. Marshall -neglected none of those personal and familiar campaign devices which the -American electorate of that time loved so well. His enemies declared -that he carried these to the extreme; at a rally in Hanover County he -"threw billets into the bonfires and danced around them with his -constituents";[920] he assured the voters that "his sentiments were the -same as those of Mr. Clopton [the Republican candidate]"; he "spent -several thousands of dollars upon barbecues."[921] - -These charges of the besotted Callender,[922] written from his cell in -the jail at Richmond, are, of course, entirely untrue, except the story -of dancing about the bonfire. Marshall's answers to "Freeholder" dispose -of the second; his pressing need of money for the Fairfax purchase shows -that he could have afforded no money for campaign purposes; and, indeed, -this charge was so preposterous that even the reckless Callender -concludes it to be unworthy of belief. - -From the desperate nature of the struggle and the temper and political -habit of the times, one might expect far harder things to have been -said. Indeed, as the violence of the contest mounted to its climax, -worse things were charged or intimated by word of mouth than were then -put into type. Again it is the political hack, John Wood, who gives us a -hint of the baseness of the slanders that were circulated; he describes -a scandal in which Marshall and Pinckney were alleged to have been -involved while in Paris, the unhappy fate of a woman, her desperate -voyage to America, her persecution and sad ending.[923] - -Marshall was profoundly disgusted by the methods employed to defeat him. -Writing to his brother a short time before election day he briefly -refers to the Republican assaults in stronger language than is to be -found in any other letter ever written by him:-- - -"The fate of my election is extremely uncertain. The means us'd to -defeat it are despicable in the extreme and yet they succeed. Nothing I -believe more debases or pollutes the human mind than faction -[party]."[924] - -[Illustration: PART OF LETTER FROM JOHN MARSHALL TO HIS BROTHER, DATED -APRIL 3, 1799 (_Facsimile_)] - -The Republicans everywhere grew more confident as the day of voting drew -near. Neutrality, the Alien and Sedition Laws, the expense of the -provisional army, the popular fear and hatred of a permanent military -force, the high taxes, together with the reckless charges and slanders -against the Federalists and the perfect discipline exacted of the -Republicans by Jefferson--all were rapidly overcoming the patriotic -fervor aroused by the X. Y. Z. disclosures. "The tide is evidently -turning ... from Marshall's romance" was the Republican commander's -conclusion as the end of the campaign approached.[925] - -For the first time Marshall's personal popularity was insufficient to -assure victory. But the animosity of the Republicans caused them to make -a false move which saved him at the very last. They circulated the -report that Patrick Henry, the archenemy of "aristocrats," was against -Marshall because the latter was one of this abhorred class. Marshall's -friend, Archibald Blair, Clerk of the Executive Council, wrote Henry of -this Republican campaign story. - -Instantly both the fighter and the politician in Henry were roused; and -the old warrior, from his retirement at Red Hill, wrote an extraordinary -letter, full of affection for Marshall and burning with indignation at -the Republican leaders. The Virginia Resolutions meant the "dissolution" -of the Nation, wrote Henry; if that was not the purpose of the -Republicans "they have none and act _ex tempore_." As to France, "her -conduct has made it to the interest of the great family of mankind to -wish the downfall of her present government." For the French Republic -threatened to "destroy the great pillars of all government and social -life--I mean virtue, morality, and religion," which "alone ... is the -armour ... that renders us invincible." Also, said Henry, "infidelity, -in its broad sense, under the name of philosophy, is fast spreading ... -under the patronage of French manners and principles." - -Henry makes "these prefatory remarks" to "point out the kind of -character amongst our countrymen most estimable in my [his] eyes." The -ground thus prepared, Henry discharges all his guns against Marshall's -enemies. "General Marshall and his colleagues exhibited the American -character as respectable. France, in the period of her most triumphant -fortune, beheld them as unappalled. Her threats left them as she found -them.... - -"Can it be thought that with these sentiments I should utter anything -tending to prejudice General Marshall's election? Very far from it -indeed. Independently of the high gratification I felt from his public -ministry, he ever stood high in my esteem as a private citizen. His -temper and disposition were always pleasant, his talents and integrity -unquestioned. - -"These things are sufficient to place that gentleman far above any -competitor in the district for congress. But when you add the particular -information and insight which he has gained, and is able to communicate -to our public councils, it is really astonishing, that even blindness -itself should hesitate in the choice.... - -"Tell Marshall I love him, because he felt and acted as a republican, as -an American. The story of the Scotch merchants and old torys voting for -him is too stale, childish, and foolish, and is a French _finesse;_ an -appeal to prejudice, not reason and good sense.... I really should give -him my vote for Congress, preferably to any citizen in the state at this -juncture, one only excepted [Washington]."[926] - -Henry's letter saved Marshall. Not only was the congressional district -full of Henry's political followers, but it contained large numbers of -his close personal friends. His letter was passed from hand to hand -among these and, by election day, was almost worn out by constant -use.[927] - -But the Federalist newspapers gave Henry no credit for turning the tide; -according to these partisan sheets it was the "anarchistic" action of -the Kentucky and Virginia Legislatures that elected Marshall. Quoting -from a letter of Bushrod Washington, who had no more political acumen -than a turtle, a Federalist newspaper declared: "We hear that General -Marshall's election is placed beyond all doubt. I was firmly convinced -that the violent measures of our Legislature (which were certainly -intended to influence the election) would favor the pretensions of the -Federal candidates by disclosing the views of the opposite party."[928] - -Late in April the election was held. A witness of that event in Richmond -tells of the incidents of the voting which were stirring even for that -period of turbulent politics. A long, broad table or bench was placed on -the Court-House Green, and upon it the local magistrates, acting as -election judges, took their seats, their clerks before them. By the side -of the judges sat the two candidates for Congress; and when an elector -declared his preference for either, the favored one rose, bowing, and -thanked his supporter. - -Nobody but freeholders could then exercise the suffrage in -Virginia.[929] Any one owning one hundred acres of land or more in any -county could vote, and this landowner could declare his choice in every -county in which he possessed the necessary real estate. The voter did -not cast a printed or written ballot, but merely stated, in the presence -of the two candidates, the election officials, and the assembled -gathering, the name of the candidate of his preference. There was no -specified form for this announcement.[930] - -"I vote for John Marshall." - -"Thank you, sir," said the lank, easy-mannered Federalist candidate. - -"Hurrah for Marshall!" shouted the compact band of Federalists. - -"And I vote for Clopton," cried another freeholder. - -"May you live a thousand years, my friend," said Marshall's competitor. - -"Three cheers for Clopton!" roared the crowd of Republican enthusiasts. - -Both Republican and Federalist leaders had seen to it that nothing was -left undone which might bring victory to their respective candidates. -The two political parties had been carefully "drilled to move together -in a body." Each party had a business committee which attended to every -practical detail of the election. Not a voter was overlooked. "Sick men -were taken in their beds to the polls; the halt, the lame, and the blind -were hunted up and every mode of conveyance was mustered into service." -Time and again the vote was a tie. No sooner did one freeholder announce -his preference for Marshall than another gave his suffrage to Clopton. - -"A barrel of whisky with the head knocked in," free for everybody, stood -beneath a tree; and "the majority took it straight," runs a narrative of -a witness of the scene. So hot became the contest that fist-fights were -frequent. During the afternoon, knock-down and drag-out affrays became -so general that the county justices had hard work to quell the raging -partisans. Throughout the day the shouting and huzzaing rose in volume -as the whiskey sank in the barrel. At times the uproar was "perfectly -deafening; men were shaking fists at each other, rolling up their -sleeves, cursing and swearing.... Some became wild with agitation." When -a tie was broken by a new voter shouting that he was for Marshall or for -Clopton, insults were hurled at his devoted head. - -"You, sir, ought to have your mouth smashed," cried an enraged -Republican when Thomas Rutherford voted for Marshall; and smashing of -mouths, blacking of eyes, and breaking of heads there were in plenty. -"The crowd rolled to and fro like a surging wave."[931] Never before and -seldom, if ever, since, in the history of Virginia, was any election so -fiercely contested. When this "democratic" struggle was over, it was -found that Marshall had been elected by the slender majority of -108.[932] - -Washington was overjoyed at the Federalist success. He had ridden ten -miles to vote for General Lee, who was elected;[933] but he took a -special delight in Marshall's victory. He hastened to write his -political protégé: "With infinite pleasure I received the news of your -Election. For the honor of the District I wish the majority had been -greater; but let us be content, and hope, as the tide is turning, the -current will soon run strong in your favor."[934] - -Toward the end of the campaign, for the purpose of throwing into the -contest Washington's personal influence, Marshall's enthusiastic friends -had published the fact of Marshall's refusal to accept the various -offices which had been tendered him by Washington. They had drawn a long -bow, though very slightly, and stated positively that Marshall could -have been Secretary of State.[935] Marshall hastened to apologize:-- - -"Few of the unpleasant occurrences" of the campaign "have given me more -real chagrin than this. To make a parade of proffered offices is a -vanity which I trust I do not possess; but to boast of one never in my -power would argue a littleness of mind at which I ought to blush." -Marshall tells Washington that the person who published the report -"never received it directly or indirectly from me." If he had known -"that such a publication was designed" he "would certainly have -suppressed it." It was inspired "unquestionably ... by a wish to serve -me," says Marshall, "and by resentment at the various malignant -calumnies which have been so profusely bestowed on me."[936] - -Washington quickly reassured Marshall: "I am sorry to find that the -publication you allude to should have given you a moment's disquietude. -I can assure you it made no impression on my mind, of the tendency -apprehended by you."[937] - -As soon as all the election returns were in, Marshall reported to -Washington that the defeat of two of the Federalist candidates for -Congress was unexpected and "has reduced us to eight in the legislature -of the Union"; that the Republicans maintained their "majority in the -house of Delegates," which "means an antifederal senator and governor," -and that "the baneful influence of a legislature hostile perhaps to the -Union--or if not so--to all its measures will be kept up."[938] - -Marshall's campaign attracted the attention of the whole country, and -the news of his success deeply interested both Federalists and -Republicans. Pickering, after writing King of the Federalist success in -New York City, declared that "the other domestic intelligence, still -more important, is, that Genl. Marshall is elected a member of Congress -for his district."[939] - -Speaker Sedgwick also informed King of Marshall's election. "General -Marshall you know is a member of the House of Representatives. His -talents, his character and the situation he has been in, will combine to -give him an influence, which will be further aided by the scene which he -immediately represents. He may and probably will give a tone to the -federal politics South of the Susquehannah. I well know the respect he -entertains for you and for your opinions."[940] - -But the Federalist leaders were none too sure of their Virginia -congressional recruit. He was entirely too independent to suit the party -organization. His campaign statement on the Alien and Sedition Laws -angered and troubled them when it was made; and, now that Marshall was -elected, his opinion on this, to the Federalists, vital subject, his -admitted power of mind and character, and his weighty influence over the -Southern wing of the Federalists caused serious apprehension among the -party's Northern leaders. Sedgwick advises King to write Marshall on the -subject of party regularity. - -"I have brought this subject to your mind, that you may decide on the -propriety of a communication of your sentiments to him, which you may do -in season to be useful. Should he, which, indeed, I do not expect, -conform his political conduct generally, to what seems indicated by his -public declaration relative to the alien & sedition acts, it would have -been better that his insignificant predecessor should have been -reëlected. There never has been an instance where the commencement of a -political career was so important as is that of General Marshall."[941] - -Apprehension and uncertainty as to Marshall's course in the House was in -the minds of even the Federalist leaders who were out of the country. -The American Minister at The Hague was as much troubled about Marshall -as were the Federalist politicians at home: "If M[arshall]'s silly -declaration on the _inexpediency_ of the Sedition law does not entangle -him he may be very useful."[942] But Murray was uneasy: "Marshall, I -fear, comes in on middle ground, and when a man plays the amiable in a -body like that [House of Representatives] he cannot be counted [on], but -he will vote generally right. I was amiable the first session! It cannot -last."[943] - -Jefferson, of course, was much depressed by the Federalist congressional -victories, which he felt "are extremely to be regretted." He was -especially irritated by Marshall's election: It "marks a taint in that -part of the State which I had not expected." He was venomous toward -Henry for having helped Marshall: "His [Henry's] apostacy, must be -unaccountable to those who do not know all the recesses of his -heart."[944] - -A week later, however, Jefferson decided that the Federalist success did -not mean a permanent Republican reverse. Spoils and corruption, he -concluded, were the real cause of the Federalist gain. "The Virginia -congressional elections have astonished every one," he informs Tench -Coxe. "This result has proceeded from accidental combinations of -circumstances, & not from an unfavorable change of sentiment.... We are -not incorruptible; on the contrary, corruption is making sensible tho' -silent progress. Offices are as acceptable here as elsewhere, & whenever -a man has cast a longing on them, a rottenness begins in his -conduct."[945] - -Jefferson, with settled and burning hatred, now puts his branding-iron -on Henry: "As to the effect of his name among the people, I have found -it crumble like a dried leaf the moment they become satisfied of his -apostacy."[946] - -During the weeks which immediately followed his election, Marshall was -busy reporting to Washington on the best men to be appointed as officers -in the provisional army; and his letters to the Commander-in-Chief show -a wide and careful acquaintance with Virginians of military training, -and a delicate judgment of their qualities.[947] - -By now the hated Sedition Law was justifying the political hydrophobia -which it had excited among the Republicans.[948] All over the country -men were being indicted and convicted for wholly justifiable political -criticisms,--some of them trivial and even amusing,--as well as for -false and slanderous attacks on public officers. President Adams himself -had begun to urge these prosecutions. He was particularly bitter against -the "Aurora," the Republican organ, which, according to Adams, contained -an "uninterrupted stream of slander on the American government."[949] He -thought that the editor ought to be expelled from the country.[950] - -All this was more fuel to the Republican furnace. Wicked and outrageous -as were some of these prosecutions, they were not so extravagant as the -horrors which Republican politicians declared that the Sedition Laws -would bring to every fireside. - -During the summer after his election Marshall visited his father in -Kentucky. Thomas Marshall was ill, and his son's toilsome journey was -solely for the purpose of comforting him; but Jefferson could see in it -nothing but a political mission. He writes to Wilson Cary Nicholas to -prepare an answer to the States that had opposed the Kentucky and -Virginia Resolutions; but, says Jefferson, "As to the preparing anything -[myself] I must decline it, to avoid suspicions (which were pretty -strong in some quarters on the last occasion) [the Kentucky -Resolutions].... The visit of the apostle Marshall[951] to Kentucky, -excite[s] anxiety. However, we doubt not that his poisons will be -effectually counter-worked."[952] - -Jefferson's suspicions were groundless. Marshall did not even sound -public opinion on the subject. On his return to Richmond he writes the -Secretary of State, who was the most active politician of Adams's -Cabinet, and to whom Marshall freely opened his mind on politics, that -"a visit to an aged & rever'd Father" prevented an earlier answer to a -letter from Pickering; and, although Marshall has much to say, not one -word is written of the Kentucky and Virginia Resolutions. He is obsessed -with the French question and of the advantage the French "party in -America" may secure by the impression that France was not really -hostile. "This will enable her [France's] party in America to attack -from very advantageous ground the government of the United States."[953] - -Now came the public circumstance that made the schism in the Federalist -Party an open and remorseless feud. The President's militant -declaration, that he would "never send another minister to France -without assurances that he will [would] be received, respected, and -honored as the representative of a great, free, powerful, and -independent people,"[954] was perfectly attuned to the warlike spirit of -the hour. The country rang with approval. The Federalist politicians -were exultant. - -Thereupon the resourceful Talleyrand wrote the Secretary of the French -Legation at The Hague to intimate to Murray, the American Minister, that -the French Directory would now receive a minister from the United -States.[955] Murray hastened the news to Adams.[956] It was a frail -assurance, indirect, irregular, unacknowledged to the world; and from -men who had insulted us and who would not hesitate to repudiate Murray's -statement if their purposes so required. Yet the President grasped by -the forelock this possibility for peace, and, against the emphatic -protest of his Cabinet, suddenly sent a second commission to try again -for that adjustment which Marshall and his associates had failed to -secure. It was the wisest and most unpopular act of Adams's troubled -Administration. - -The leading Federalist politicians were enraged. Indeed, "the whole -[Federalist] party were prodigiously alarmed."[957] They thought it a -national humiliation. What! said they, kiss the hand that had slapped -our face! "The new embassy ... disgusts most men here," reported -Ames from New England.[958] Cabot confirmed Ames's doleful -message--"Surprise, indignation, grief, & disgust followed each other in -swift succession in the breasts of the true friends of our country," he -advised King.[959] - -The Federalist leaders really wanted war with France, most of them as a -matter of patriotism; some, undoubtedly, because war would insure party -success in the approaching presidential election. Upon his return -Marshall had prophesied formal declaration of hostilities from the -Republic of France, when news of the dispatches reached Europe; and the -war Federalists were sorely disappointed at the failure of his -prediction. "Genl. Marshall unfortunately held the decided opinion that -France would DECLARE war when the Dispatches should appear; and T. -Sewell with other good men were so strongly impressed with the advantage -of such a declaration by them that they could not be persuaded to -relinquish the belief in it--I was astonished that they should have -attributed to the French such miserable policy." So wrote the able and -balanced Cabot.[960] That France refused to adopt "such miserable -policy" as Marshall had expected was sufficiently exasperating to the -war Federalists; but to meet that country three fourths of the way on -the road to peace was intolerable. - -"The end [peace] being a bad one all means are unwise and indefensible" -was the ultra-Federalist belief.[961] Adams's second mission was, they -said, party surrender to the Republicans; it was "a policy that -threatens ... to revive the Jacobin faction in our bosom."[962] -Federalist members of Congress threatened to resign. "I have sacrificed -as much as most men ... to support this Govt. and root out Democracy, & -French principles, but ... I feel it to be lost and worse ... I can & -will resign if all must be given up to France," cried the enraged -Tracy.[963] - -These "enemies of government" had said all along that things could be -arranged with France; that the X. Y. Z. disclosures were merely a -Federalist plot; and that the army was a wicked and needless expense. -What answer could the Federalists make to these Republican charges now? -Adams's new French mission, the Federalist chieftains declared, was "a -measure to _make_ dangers, and to nullify resources; to make the navy -without object; the army an object of popular terror."[964] - -And the presidential election was coming on! To hold the situation just -as it was might mean Federalist victory. Suppose events did develop a -formal declaration of war with France? That would make Federalist -success more certain. The country would not turn out a party in charge -of the Government when cannon were roaring. Even more important, an open -and avowed conflict with the "bloody Republic" would, reasoned the -Federalist leaders, check the miasmic growth of French revolutionary -ideas among the people. - -In short, a declaration of war with France would do everything which the -Federalists wished and hoped for. "Peace [with France] ... is not -desired as it should not be"[965] was their opinion of the statesmanship -demanded by the times. And now Adams, without one word to the men who -reluctantly had made him President,[966] had not only prevented a -rupture which would have accomplished every Federalist purpose, but had -delivered his party into the hands of the "Jacobins." He had robbed the -Federalists of their supreme campaign "issue." "Peace with France, they -think an evil and holding out the hope of it another, as it tends to -chill the public fervor";[967] and the "public fervor" surely needed no -further reduction of temperature, for Federalist health. - -If Adams did not wish for a formal declaration of war, at least he might -have let things alone. But now! "Government will be weakened by the -friends it loses and betrayed by those it will gain. It will lose ... -the friendship of the sense, and worth, and property of the United -States, and get in exchange the prejudice, vice, and bankruptcy of the -nation,"[968] wrote Ames to Pickering. "In Resistance alone there is -safety,"[969] was Cabot's opinion. "The Jacobin influence is rising, -and has been ever since the mission to France was determined on; ... if -a Treaty be made with France their [Republican] ascendancy will be -sure";[970] and, after that, the deluge. - -The Federalist leaders felt that, even without a declaration of -hostilities by Congress, they might make shift to win the approaching -election. For on the sea we already were waging war on France, while -formally at peace with her. Our newborn navy was taking French -privateers, defeating French men-of-war, and retaliating with pike, -cutlass, and broadside for the piratical French outrages upon American -commerce.[971] As things stood, it was certain that this would continue -until after the election, and with each glorious victory of a Truxton or -a Hull, National pride and popular enthusiasm would mount higher and -grow stronger. So the Federalist politicians thought that "the only -negotiation compatible with our honor or our safety is that begun by -Truxton in the capture of the L'Insurgente."[972] - -Priceless campaign ammunition was this for the Federalist political -guns. Early in the year the bilious but keen-eyed watchman on the -ramparts of New England Federalism had noted the appearance of "a little -patriotism, and the capture of the _Insurgente_ cherishes it."[973] And -now Adams's second mission might spoil everything. "The Jacobins will -rise in consequence of this blunder,"[974] was the doleful prophecy. -Indeed, it was already in fulfillment even with the utterance: "Already -the Jacobins raise their disgraced heads from the mire of -contempt!"[975] The "country gentlemen" were the hands as the business -interests were the brain and heart of the Federalist Party; "the -President destroyed their influence, and ... left them prostrate before -their vindictive adversaries."[976] - -The Republicans were overjoyed. Adams had reversed himself, eaten his -own words, confessed the hypocrisy of the "infamous X. Y. Z. plot." -"This renders their [Federalists'] efforts for war desperate, & silences -all further denials of the sincerity of the French government," -gleefully wrote Jefferson.[977] - -Marshall alone of the commanding Federalists, approved Adams's action. -"I presume it will afford you satisfaction to know that a measure which -excited so much agitation here, has met the approbation of so good a -judge as Mr. Marshall," Lee reported to the President.[978] Marshall's -support cheered the harried Chief Executive. "Esteeming very highly the -opinion and character of your friend General Marshall, I thank you for -inclosing his letter," responded Adams.[979] - -The President had done still worse. Auctioneer John Fries, a militia -captain, had headed an armed mob in resistance to the National officers -who were levying the National direct tax on the houses and lands of the -farmers of eastern Pennsylvania. He had been finally taken prisoner, -tried, and convicted of sedition and treason, and sentenced to death. -Against the unanimous written advice of his Cabinet, formally -tendered,[980] the President pardoned the "traitor" and "his fellow -criminals."[981] And this clemency was granted at the plea of McKean, -the arch-"Jacobin" of Pennsylvania,[982] without even consulting the -judges of the courts in which they were twice tried and convicted.[983] - -What was this, asked the Federalist leaders in dazed and angry -amazement! Paralyze the arm of the law! Unloose the fingers of outraged -authority from the guilty throat which Justice had clutched! What was to -become of "law and order" when the Nation's head thus sanctioned -resistance to both?[984] In his charge to the Federal Grand Jury, April -11, 1799, Justice Iredell declared that if "traitors" are not punished -"anarchy will ride triumphant and all lovers of order, decency, truth & -justice will be trampled under foot."[985] - -How, now, could the Federalists repel Republican assaults on this direct -tax? How, now, could they reply to the Republican attacks upon the army -to support which the tax was provided! In pardoning Fries, Adams had -admitted everything which the hated Jefferson had said against both tax -and army.[986] If Adams was right in pardoning Fries, then Washington -was wrong in suppressing the Whiskey Rebellion. The whole Federalist -system was abandoned.[987] The very roots of the Federalist philosophy -of government and administration were torn from their none too firm hold -upon the scanty soil which Federalist statesmen had laboriously gathered -for their nourishment. And why had Adams done this? Because, said the -Federalist politicians, it was popular in Pennsylvania;[988] that was -the President's motive--the same that moved him to send the new mission -to France.[989] - -Bending under heavy burdens of state, harassed by the politicians, Adams -was enduring a private pain sharper than his public cares. His wife, the -incomparable Abigail, was in Massachusetts and seriously ill. The -President had left her to meet his Cabinet and dispatch the second -mission to France. That done, he hastened back to the bedside of his -sick wife. But the politicians made no allowances. Adams's absence "from -the seat of government ... is a source of much disgust," chronicles the -ardent Troup. "It ... has the air of an abdication."[990] A month later -he records that the President "still continues at Braintree,[991] and -the government, like Pope's wounded snake, drags its slow length -along."[992] - -Such was the condition of the country and the state of political parties -when Marshall took his seat in Congress. For the Federalists, the House -was a very "cave of the winds," with confusion, uncertainty, suspicion, -anger, and all the disintegrating passions blowing this way and that. -But the Republicans were a compact, disciplined, determined body full of -spirit and purpose. - - -FOOTNOTES: - -[856] Marshall to Paulding, April 4, 1835; _Lippincott's Magazine_ -(1868), ii, 624-25. - -[857] Washington to Bushrod Washington, Aug. 27, 1798; _Writings_: Ford, -xiv, 75. - -[858] _Ib._ In September, 1797, when Marshall was absent on the X. Y. Z. -mission, Washington received a letter from one "John Langhorne" of -Albemarle County. Worded with skillful cunning, it was designed to draw -from the retired President imprudent expressions that could be used -against him and the Federalists. It praised him, denounced his -detractors, and begged him to disregard their assaults. (Langhorne to -Washington, Sept. 25, 1797; _Writings_: Sparks, xi, 501.) Washington -answered vaguely. (Washington to Langhorne, Oct. 15, 1797; _Writings_: -Ford, xiii, 428-30.) John Nicholas discovered that the Langhorne letter -had been posted at Charlottesville; that no person of that name lived in -the vicinity; and that Washington's answer was called for at the -Charlottesville post-office (where Jefferson posted and received -letters) by a person closely connected with the master of Monticello. It -was suspected, therefore, that Jefferson was the author of the -fictitious letter. The mystery caused Washington much worry and has -never been cleared up. (See Washington to Nicholas, Nov. 30, 1797; -_ib._, footnote to 429-30; to Bushrod Washington, March 8, 1798; _ib._, -448; to Nicholas, March 8, 1798; _ib._, 449-50.) It is not known what -advice Marshall gave Washington when the latter asked for his opinion; -but from his lifelong conduct in such matters and his strong repugnance -to personal disputes, it is probable that Marshall advised that the -matter be dropped. - -[859] Paulding: _Washington_, ii, 191-92. - -[860] Marshall to Paulding, _supra._ - -[861] Marshall to Paulding, _supra._ This letter was in answer to one -from Paulding asking Marshall for the facts as to Washington's part in -inducing Marshall to run for Congress. - -[862] Pickering to Marshall, Sept. 20, 1798; Pickering MSS., Mass. Hist. -Soc. - -[863] _Ib._ - -[864] Adams to Pickering, Sept. 14, 1798; _Works_: Adams, viii, 595. - -[865] Adams to Pickering, Sept. 26, 1798; _Works_: Adams, viii, 597. - -[866] Adams to Rush, June 25, 1807; _Old Family Letters_, 152. - -[867] Wood, 260. Wood's book was "suppressed" by Aaron Burr, who bought -the plates and printer's rights. It consists of dull attacks on -prominent Federalists. Jefferson's friends charged that Burr suppressed -it because of his friendship for the Federalist leaders. (See Cheetham's -letters to Jefferson, Dec. 29, 1801, Jan. 30, 1802, _Proceedings_, Mass. -Hist. Soc. (April and May, 1907) 51-58.) Soon afterward Jefferson began -his warfare on Burr. - -[868] Marshall to Pickering, Oct. 15, 1798; Pickering MSS., Mass. Hist. -Soc. This campaign was unusually acrimonious everywhere. "This -Electioneering is worse than the Devil." (Smith to Bayard, Aug. 2, 1798; -_Bayard Papers_: Donnan, 69.) - -[869] See Statutes at Large, 566, 570, 577, for Alien Acts of June 18, -June 25, and July 6, and _ib._, 196, for Sedition Law of July 14, 1798. - -[870] This section was not made a campaign issue by the Republicans. - -[871] Jefferson to Madison, May 10, 1798; _Works_: Ford, viii, 417; and -to Monroe, May 21, 1798; _ib._, 423. Jefferson's first harsh word was to -Madison, June 7, 1798; _ib._, 434. - -[872] Hamilton to Wolcott, June 29, 1798; _Works_: Lodge, x, 295. - -[873] Madison to Jefferson, May 20, 1798; _Writings_: Hunt, vi, 320. - -[874] For the Federalists' justification of the Alien and Sedition Laws -see Gibbs, ii, 78 _et seq._ - -[875] As a matter of fact, the anger of Republican leaders was chiefly -caused by their belief that the Alien and Sedition Laws were aimed at -the Republican Party as such, and this, indeed, was true. - -[876] Jefferson to S. T. Mason, Oct. 11, 1798; _Works_: Ford, viii, 450. - -[877] Washington to Spotswood, Nov. 22, 1798; _Writings_: Ford, xiv, -121-22. - -[878] Washington to Murray, Dec. 26, 1798; _Writings_: Ford, xiv, 132. - -[879] Washington to Bushrod Washington, Dec. 31, 1798; _ib._, 135-36. -Judge Addison's charge was an able if intemperate interpretation of the -Sedition Law. The Republican newspapers assailed and ridiculed this very -effectively in the presidential campaign of 1800. "Alexander Addison has -published in a volume a number of his _charges_ to juries--and -_precious_ charges they are--brimstone and saltpetre, assifoetida and -train oil." (_Aurora_, Dec. 6, 1800. See Chief Justice Ellsworth's -comments upon Judge Addison's charge in Flanders, ii, 193.) - -[880] Marshall to Pickering, Aug. 11, 1798; Pickering MSS., Mass. Hist. -Soc. - -[881] Oct. 11, 1798. The questions of "Freeholder" were, undoubtedly, -written with Marshall's knowledge. Indeed a careful study of them leads -one to suspect that he wrote or suggested them himself. - -[882] The _Times and Virginia Advertiser_, Alexandria, Virginia, October -11, 1798. This paper, however, does not give "Freeholder's" questions. -The _Columbian Centinel_, Boston, October 20, 1798, prints both -questions and answers, but makes several errors in the latter. The -correct version is given in Appendix III, _infra_, where "Freeholder's" -questions and Marshall's answers appear in full. - -[883] Ames to Gore, Dec. 18, 1798; _Works_: Ames, i, 245-47. - -[884] Sedgwick to Pickering, Oct. 23, 1798; Pickering MSS., Mass. Hist. -Soc. - -[885] _Columbian Centinel_ (Boston), Oct. 24, 1798. - -[886] Cabot to King, April 26, 1799; King, iii, 9. - -[887] This was not true. The Fairfax embarrassment, alone, caused -Marshall to go to France in 1797. - -[888] Pickering to Sedgwick, Nov. 6, 1798; Pickering MSS., Mass. Hist. -Soc. - -[889] Murray to J. Q. Adams, March 22, 1799; _Letters_: Ford, 530. -Murray had been a member of Congress and a minor Federalist politician. -By "us" he means the extreme Federalist politicians. - -[890] Marshall to Pickering, Oct. 22, 1798; Pickering MSS., Mass. Hist. -Soc. - -[891] Adams: _Gallatin_, 212. - -[892] "Freeholder" had not asked Marshall what he thought of the -constitutionality of these laws. - -[893] Thompson: _The Letters of Curtius._ John Thompson of Petersburg -was one of the most brilliant young men that even Virginia ever -produced. See Adams: _Gallatin_, 212, 227. There is an interesting -resemblance between the uncommon talents and fate of young John Thompson -and those of Francis Walker Gilmer. Both were remarkably intellectual -and learned; the characters of both were clean, fine, and high. Both -were uncommonly handsome men. Neither of them had a strong physical -constitution; and both died at a very early age. Had John Thompson and -Francis Walker Gilmer lived, their names would have been added to that -wonderful list of men that the Virginia of that period gave to the -country. - -The intellectual brilliancy and power, and the lofty character of -Thompson and Gilmer, their feeble physical basis and their early passing -seem like the last effort of that epochal human impulse which produced -Henry, Madison, Mason, Jefferson, Marshall, and Washington. - -[894] Taylor to Jefferson, June 25, 1798; as quoted in _Branch -Historical Papers_, ii, 225. See entire letter, _ib._, 271-76. - -[895] For an excellent treatment of the Kentucky and Virginia -Resolutions see Von Holst: _Constitutional History of the United -States_, i, chap. iv. - -[896] Nicholas to Jefferson, Oct. 5, 1798; quoted by Channing in -"Kentucky Resolutions of 1798"; _Amer. Hist. Rev._, xx, no. 2, Jan., -1915, 333-36. - -[897] Writing nearly a quarter of a century later, Jefferson states that -Nicholas, Breckenridge, and he conferred on the matter; that his draft -of the "Kentucky Resolutions" was the result of this conference; and -that he "strictly required" their "solemn assurance" that no one else -should know that he was their author. (Jefferson to Breckenridge, Dec. -11, 1821; _Works_: Ford, viii, 459-60.) - -Although this letter of Jefferson is positive and, in its particulars, -detailed and specific, Professor Channing has demonstrated that -Jefferson's memory was at fault; that no such conference took place; and -that Jefferson sent the resolutions to Nicholas, who placed them in the -hands of Breckenridge for introduction in the Kentucky Legislature; and -that Breckenridge and Nicholas both thought that the former should not -even see Jefferson, lest the real authorship of the resolutions be -detected. (See "The Kentucky Resolutions": Channing, in _Amer. Hist. -Rev._, xx, no. 2, Jan., 1915, 333-36.) - -[898] See Jefferson's "Rough Draught" and "Fair Copy" of the Kentucky -Resolutions; and the resolutions as the Kentucky Legislature passed them -on Nov. 10, 1798; _Works_: Ford, viii, 458-79. See examination of -Marshall's opinion in Marbury _vs._ Madison, vol. III of this work. - -[899] Jefferson to Madison, Nov. 17, 1798; _Works_: Ford, viii, 457. - -[900] _Writings_: Hunt, vi, 326-31. - -[901] Davie to Iredell, June 17, 1799; quoting from a Virginia -informant--very probably Marshall; McRee, ii, 577. - -[902] Iredell to Mrs. Iredell; Jan. 24, 1799; McRee, ii, 543. - -[903] Murray to J. Q. Adams, April 1, 1799; quoting Marshall to Sykes, -Dec. 18, 1798; _Letters_: Ford, 534. - -[904] _Writings_: Hunt, vi, 332-40. - -[905] For Marshall's defense of the liberty of the press, quoted by -Madison, see _supra_, chap. VIII. - -[906] Address of the General Assembly to the People of the Commonwealth -of Virginia, Journal, H.D. (Dec., 1798), 88-90. - -[907] Sedgwick to Hamilton, Feb. 7, 1799; _Works_: Hamilton, vi, 392-93; -and to King, March 20, 1799; King, ii, 581. And Murray to J. Q. Adams, -April 5, 1799; _Letters_: Ford, 536. - -[908] Address of the Minority: Journal, H.D. (Dec., 1798), 88-90. Also -printed as a pamphlet. Richmond, 1798. - -[909] Journal, H.D. (1799), 90. - -[910] Callender: _Prospect Before Us_, 91. - -[911] _Ib._, 112 _et seq._ - -[912] Sedgwick to King, March 20, 1799; King, ii, 581. - -[913] Murray to J. Q. Adams, April 5, 1799; _Letters_: Ford, 536. - -[914] Mordecai, 202; also Sedgwick to King, Nov. 15, 1799; King, iii, -147-48. - -[915] Jefferson to Pendleton, Feb. 14, 1799; _Works_: Ford, ix, 46; and -to Madison, Jan. 30, 1799; _ib._, 31. - -[916] Jefferson to Bishop James Madison, Feb. 27, 1799; _ib._, 62. - -[917] Marshall to Washington, Jan. 8, 1799; Washington MSS., Lib. Cong. - -[918] Hamilton to Dayton, 1799; _Works_: Lodge, x, 330. The day of the -month is not given, but it certainly was early in January. Mr. Lodge -places it before a letter to Lafayette, dated Jan. 6, 1799. - -[919] Hamilton to Sedgwick, Feb. 2, 1799; _Works_: Lodge, x, 340-42. - -[920] This was probably true; it is thoroughly characteristic and fits -in perfectly with his well-authenticated conduct after he became Chief -Justice. (See vol. III of this work.) - -[921] Callender: _Prospect Before Us_, 90 _et seq._ - -[922] See Hildreth, v, 104, 210, 214, 340, 453-55. - -[923] Wood, 261-62. This canard is an example of the methods employed in -political contests when American democracy was in its infancy. - -[924] Marshall to his brother James M., April 3, 1799; MS. Marshall uses -the word "faction" in the sense in which it was then employed. "Faction" -and "party" were at that time used interchangeably; and both words were -terms of reproach. (See _supra_, chap. II.) If stated in the vernacular -of the present day, this doleful opinion of Marshall would read: -"Nothing, I believe, more debases or pollutes the human mind than -partisan politics." - -[925] Jefferson to Pendleton, April 22, 1799; _Works_: Ford, ix, 64-65. - -[926] Henry to Blair, Jan. 8, 1799; Henry, ii, 591-94. - -[927] Henry to Blair, Jan. 8, 1799; Henry, ii, 595. - -[928] _Virginia Herald_ (Fredericksburg), March 5, 1799. - -[929] This was true in most of the States at that period. - -[930] This method of electing public officials was continued until the -Civil War. (See John S. Wise's description of a congressional election -in Virginia in 1855; Wise: _The End of An Era_, 55-56. And see Professor -Schouler's treatment of this subject in his "Evolution of the American -Voter"; _Amer. Hist. Rev._, ii, 665-74.) - -[931] This account of election day in the Marshall-Clopton contest is -from Munford, 208-10. For another fairly accurate but mild description -of a congressional election in Virginia at this period, see Mary -Johnston's novel, _Lewis Rand_, chap. iv. - -[932] Henry, ii, 598. - -[933] Randall, ii, 495. - -[934] Washington to Marshall, May 5, 1799; _Writings_: Ford, xiv, 180. - -[935] As a matter of fact, they were not far wrong. Marshall almost -certainly would have been made Secretary of State if Washington had -believed that he would accept the portfolio. (See _supra_, 147.) The -assertion that the place actually had been offered to Marshall seems to -have been the only error in this campaign story. - -[936] Marshall to Washington, May 1, 1799; _Writings_: Ford, xiv, -footnote to 180-81; also Flanders, ii, 389. - -[937] Washington to Marshall, May 5, 1799; _Writings_: Ford, xiv, 180. - -[938] Marshall to Washington, May 16, 1799; Washington MSS., Lib. Cong. - -[939] Pickering to King, May 4, 1799; King, iii, 13. - -[940] Sedgwick to King, July 26, 1799; King, iii, 69. - -[941] Sedgwick to King, July 26, 1799; King, iii, 69. - -[942] Murray to J. Q. Adams, June 25, 1799; _Letters_: Ford, 566. - -[943] Murray to J. Q. Adams, July 1, 1799; _ib._, 568. - -[944] Jefferson to Stuart, May 14, 1799; _Works_: Ford, ix, 67. - -[945] Jefferson to Coxe, May 21, 1799; _Works_: Ford, ix, 69-70. - -[946] _Ib._, 70. - -[947] For instances of these military letters, see Marshall to -Washington, June 12, 1799; Washington MSS., Lib. Cong. - -[948] See Morison, i, 156-57; also Hudson: _Journalism in the United -States_, 160. Party newspapers and speakers to-day make statements, as a -matter of course, in every political campaign much more violent than -those for which editors and citizens were fined and imprisoned in -1799-1800. (See _ib._, 315; and see summary from the Republican point of -view of these prosecutions in Randall, ii, 416-20.) - -[949] Adams to Pickering, July 24, 1799; _Works_: Adams, ix, 3. - -[950] Adams to Pickering, Aug. 1, 1799; _ib._, 5; and same to same. Aug. -3, 1799; _ib._, 7. - -[951] Professor Washington, in his edition of Jefferson's _Writings_, -leaves a blank after "apostle." Mr. Ford correctly prints Marshall's -name as it is written in Jefferson's original manuscript copy of the -letter. - -[952] Jefferson to Wilson Cary Nicholas, Sept. 5, 1799; _Works_: Ford, -ix, 79-81. - -[953] Marshall to Pickering, Aug. 25, 1799; Pickering MSS., Mass. Hist. -Soc. Marshall had not yet grasped the deadly significance of Jefferson's -States' Rights and Nullification maneuver. - -[954] _Supra._ - -[955] Talleyrand to Pichon, Aug. 28, and Sept. 28; _Am. St. Prs._, ii, -241-42; Murray to Adams, Appendix of _Works_: Adams, viii. For familiar -account of Pichon's conferences with Murray, see Murray's letters to J. -Q. Adams, then U.S. Minister to Berlin, in _Letters_: Ford, 445, 473, -475-76; and to Pickering, _ib._, 464. - -[956] "Murray, I guess, wanted to make himself a greater man than he is -by going to France," was Gallatin's shrewd opinion. Gallatin to his -wife, March 1, 1799; Adams: _Gallatin_, 227-28. - -[957] _Ib._ - -[958] Ames to Dwight, Feb. 27, 1799; _Works_: Ames, i, 252. - -[959] Cabot to King, March 10, 1799; King, ii, 551. - -[960] Cabot to King, Feb. 16, 1799; _ib._, 543. - -[961] Ames to Pickering, March 12, 1799; _Works_: Ames, i, 253. - -[962] Ames to Pickering, Oct. 19, 1799; _ib._, 257. - -[963] Uriah Tracy to McHenry, Sept. 2, 1799; Steiner, 417. - -[964] Ames to Pickering, Nov. 5, 1799; _Works_: Ames, i, 260-61. - -[965] Ames to Pickering, March 12, 1799; _Works_: Ames, i, 254. - -[966] "Men of principal influence in the Federal party ... began to -entertain serious doubts about his [Adams's] fitness for the station, -yet ... they thought it better to indulge their hopes than to listen to -their fears, [and] ... determined to support Mr. Adams for the Chief -Magistracy." ("Public Conduct, etc., John Adams"; Hamilton: _Works_: -Lodge, vii, 318.) - -[967] Ames to Dwight, Feb. 27, 1799; _Works_: Ames, i, 252. - -[968] Ames to Pickering, Nov. 5, 1799; _ib._, 260. - -[969] Cabot to King, March 10, 1799; King, ii, 552. - -[970] Higginson to Pickering, April 16, 1800; Pickering MSS., Mass. -Hist. Soc., printed in _An. Rept._, Amer. Hist. Assn., 1896, i, 836. - -[971] For an excellent summary of this important episode in our history -see Allen: _Our Naval War with France_. - -[972] Pickering to King, March 6, 1799; King, ii, 548-49. - -[973] Ames to Pickering, March 12, 1799; _Works_: Ames, i, 254. - -[974] Ames to Dwight, Oct. 20, 1799; _ib._, 259. - -[975] Ames to Pickering, Oct. 19, 1799; _ib._, 257. - -[976] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 403. - -[977] Jefferson to Pendleton, Feb. 19, 1799; _Works_: Ford, ix, 54. - -[978] Lee to Adams, March 14, 1799; _Works_: Adams, viii, 628. - -[979] Adams to Lee, March 29, 1799; _ib._, 629. - -[980] Cabinet to President, Sept. 7, 1799; _Works_: Adams, ix, 21-23; -and same to same, May 20, 1799; _ib._, 59-60. - -[981] Adams to Lee, May 21, 1800; _ib._, 60. For account of Fries's -Rebellion see McMaster, ii, 435-39. Also Hildreth, v, 313. - -[982] Pickering to Cabot, June 15, 1800; Lodge: _Cabot_, 275. - -[983] "Public Conduct, etc., John Adams"; Hamilton: _Works_: Lodge, vii, -351-55; and see Gibbs, ii, 360-62. - -[984] See Hamilton's arraignment of the Fries pardon in "Public Conduct, -etc., John Adams"; _Works_: Lodge, vii, 351-55. - -[985] McRee, ii, 551. - -[986] "The Aurora, in analyzing the reasons upon which Fries, Hainy, and -Getman have been pardoned brings the President forward as, by this act, -condemning: 1. The tax law which gave rise to the insurrection; 2. The -conduct of the officers appointed to collect the tax; 3. The marshal; 4. -The witnesses on the part of the United States; 5. The juries who tried -the prisoners; 6. The court, both in their personal conduct and in their -judicial decisions. In short, every individual who has had any part in -passing the law--in endeavoring to execute it, or in bringing to just -punishment those who have treasonably violated it." (_Gazette of the -United States_, reviewing bitterly the comment of the Republican organ -on Adams's pardon of Fries.) - -[987] Many Federalists regretted that Fries was not executed by -court-martial. "I suppose military execution was impracticable, but if -some executions are not had, of the most notorious offenders--I shall -regret the events of lenity in '94 & '99--as giving a fatal stroke to -Government.... Undue mercy to villains, is cruelty to all the good & -virtuous. Our people in this State are perfectly astonished, that cost -must continually be incurred for insurrections in Pennsylvania for which -they say they are taxed & yet no punishment is inflicted on the -offenders. I am fatigued & mortified that our Govt. which is weak at -best, would withhold any of its strength when all its energies should be -doubled." (Uriah Tracy to McHenry, on Fries, May 6, 1799; Steiner, 436.) -And "I am in fear that something will occur to release that fellow from -merited Death." (Same to same, May 20, 1790; _ib._) - -[988] "Public Conduct, etc., John Adams"; Hamilton: _Works_: Lodge, vii, -351-55. - -[989] Ames to Pickering, Nov. 23, 1799; _Works_: Ames, i, 270. - -[990] Troup to King, May 6, 1799; King, iii, 14. - -[991] Adams's home, now Quincy, Massachusetts. - -[992] Troup to King, June 5, 1799; King, iii, 34. - - - - -CHAPTER XI - -INDEPENDENCE IN CONGRESS - - The Constitution is not designed to secure the rights of the - people of Europe or Asia or to direct proceedings against - criminals throughout the universe. (Marshall.) - - The whole world is in arms and no rights are respected but those - that are maintained by force. (Marshall.) - - Marshall is disposed to express great respect for the sovereign - people and to quote their expressions as evidence of truth. - (Theodore Sedgwick.) - - -"I have been much in Company with General Marshall since we arrived in -this City. He possesses great powers and has much dexterity in the -application of them. He is highly & deservedly respected by the friends -of Government [Federalists] from the South. In short, we can do nothing -without him. I believe his intentions are perfectly honorable, & yet I -do believe he would have been a more decided man had his education been -on the other side of the Delaware, and he the immediate representative -of that country."[993] - -So wrote the Speaker of the House of Representatives after three weeks -of association with the Virginia member whom he had been carefully -studying. After another month of Federalist scrutiny, Cabot agreed with -Speaker Sedgwick as to Marshall's qualities. - -"In Congress, you see Genl. M.[arshall] is a leader. He is I think a -virtuous & certainly an able man; but you see in him the faults of a -Virginian. He thinks too much of that State, & he expects the world -will be governed according to the Rules of Logic. I have seen such men -often become excellent legislators after experience has cured their -errors. I hope it will prove so with Genl. M.[arshall], who seems -calculated to act a great part."[994] - -The first session of the Sixth Congress convened in Philadelphia on -December 2, 1799. Marshall was appointed a member of the joint committee -of the Senate and the House to wait upon the President and inform him -that Congress was in session.[995] - -The next day Adams delivered his speech to the Senators and -Representatives. The subject which for the moment now inflamed the minds -of the members of the President's party was Adams's second French -mission. Marshall, of all men, had most reason to resent any new attempt -to try once more where he had failed, and to endeavor again to deal with -the men who had insulted America and spun about our representatives a -network of corrupt intrigue. But if Marshall felt any personal -humiliation, he put it beneath his feet and, as we have seen, approved -the Ellsworth mission. "The southern federalists have of course been -induced [by Marshall] to vindicate the mission, as a sincere, honest, -and politic measure," wrote Wolcott to Ames.[996] - -Who should prepare the answer of the House to the President's speech? -Who best could perform the difficult task of framing a respectful reply -which would support the President and yet not offend the rebellious -Federalists in Congress? Marshall was selected for this delicate work. -"Mr. Marshall, from the committee appointed to draught an Address in -answer to the Speech of the President of the United States ... reported -same."[997] Although written in admirable temper, Marshall's address -failed to please; the result was pallid. - -"Considering the state of the House, it was necessary and proper that -the answer to the speech should be prepared by Mr. Marshall," testifies -Wolcott. "He has had a hard task to perform, and you have seen how it -has been executed. The object was to unite all opinions, at least of the -federalists; it was of course necessary to appear to approve the -mission, and yet to express the approbation in such terms as when -critically analyzed would amount to no approbation at all. No one -individual was really satisfied; all were unwilling to encounter the -danger and heat which a debate would produce and the address passed with -silent dissent; the President doubtless understood the intention, and in -his response has expressed his sense of the dubious compliment in terms -inimitably obscure."[998] Levin Powell, a Federalist Representative from -Virginia, wrote to his brother: "There were members on both sides that -disliked that part of it [Marshall's address] where he spoke of the -Mission to France."[999] - -The mingled depression, excitement, and resentment among Marshall's -colleagues must have been great indeed to have caused them thus to look -upon his first performance in the House; for the address, which, even -now, is good reading, is a strong and forthright utterance. While, with -polite agreement, gliding over the controverted question of the mission, -Marshall's speech is particularly virile when dealing with domestic -politics. In coupling Fries's Pennsylvania insurrection with the -Kentucky and Virginia Resolutions Marshall displayed as clever political -dexterity as even Jefferson himself. - -The address enumerates the many things for which Americans ought to -thank "the benevolent Deity," and laments "that any portion of the -people ... should permit themselves, amid such numerous blessings, to -_be seduced_ by ... _designing men_ into an open resistance to the laws -of the United States.... Under a Constitution where the public burdens -can only be imposed by the people themselves, for their own benefit, and -to promote their own objects, a hope might well have been indulged that -the general interest would have been too well understood, and the -general welfare too highly prized, to have produced in any of our -citizens a disposition to hazard so much felicity, by the criminal -effort of a part, to oppose with lawless violence the will of the -whole."[1000] - -While it augured well that the courts and militia coöperated with "the -military force of the nation" in "restoring order and submission to the -laws," still, this only showed the necessity of Adams's "recommendation" -that "the judiciary system" should be extended. As to the new French -mission, the address "approves the pacific and humane policy" which met, -by the appointment of new envoys, "the first indications on the part of -the French Republic" of willingness to negotiate; and "offers up fervent -prayers to the Supreme Ruler of the Universe for the success of their -embassy." - -Marshall declares "the present period critical and momentous. The -important changes which are occurring, the new and great events which -are every hour preparing ... the spirit of war ... prevalent in almost -every nation ... demonstrate" the need of providing "means of -self-defense." To neglect this duty from "love of ease or other -considerations" would be "criminal and fatal carelessness." No one could -tell how the new mission would terminate: "It depends not on America -alone. The most pacific temper will not ensure peace." Preparation for -"national defense ... is an ... obvious duty. Experience the parent of -wisdom ... has established the truth ... that ... nothing short of the -power of repelling aggression will" save us from "war or national -degradation."[1001] - -Gregg of Pennsylvania moved to strike out the italicized words in -Marshall's address to the President, but after a short debate the motion -was defeated without roll-call.[1002] - -Wolcott gives us a clear analysis of the political situation and of -Marshall's place and power in it at this particular moment: "The federal -party is composed of the old members who were generally re-elected in -the northern, with new members from the southern states. New York has -sent an anti-federal majority; Pennsylvania has done the same; -opposition principles are gaining ground in New Jersey and Maryland, and -in the present Congress, the votes of these states will be fluctuating -and undecided." - -Nothing shows more clearly the intimate gossip of the time than the -similarity of Wolcott's and Cabot's language in describing Marshall. "A -number of distinguished men," continues Wolcott, "appear from the -southward, who are not pledged by any act to support the system of the -last Congress; these men will pay great respect to the opinions of -General Marshall; he is doubtless a man of virtue and distinguished -talents, but he will think much of the State of Virginia, and is too -much disposed to govern the world according to rules of logic; he will -read and expound the constitution as if it were a penal statute, and -will sometimes be embarrassed with doubts of which his friends will not -perceive the importance."[1003] - -Marshall headed the committee to inquire of the President when he would -receive the address of the House, and on December 10, "Mr. Speaker, -attended by the members present, proceeded to the President's house, to -present him their Address in answer to his Speech."[1004] A doleful -procession the hostile, despondent, and irritated Representatives made -as they trudged along Philadelphia's streets to greet the equally -hostile and exasperated Chief Magistrate. - -Presidential politics was much more on the minds of the members of -Congress than was the legislation needed by the country. Most of the -measures and practically all the debates of this remarkable session were -shaped and colored by the approaching contest between the Federalists -and Republicans and, personally, between Jefferson and Adams. Without -bearing this fact in mind the proceedings of this session cannot be -correctly understood. A mere reading of the maze of resolutions, -motions, and debates printed in the "Annals" leaves one bewildered. The -principal topic of conversation was, of course, the impending -presidential election. Hamilton's faction of extreme Federalists had -been dissatisfied with Adams from the beginning. Marshall writes his -brother "in confidence" of the plots these busy politicians were -concocting. - -"I can tell you in confidence," writes Marshall, "that the situation of -our affairs with respect to domestic quiet is much more critical than I -had conjectured. The eastern people are very much dissatisfied with the -President on account of the late [second] Mission to France. They are -strongly disposed to desert him & push some other candidate. King or -Ellsworth with one of the Pinckneys--most probably the General, are -thought of. - -"If they are deter'd from doing this by the fear that the attempt might -elect Jefferson I think it not improbable that they will vote generally -for Adams & Pinckney so as to give the latter gentleman the best chance -if he gets the Southern vote to be President. - -"Perhaps this ill humor may evaporate before the election comes on--but -at present it wears a very serious aspect. This circumstance is rendered -the more unpleasant by the state of our finances. The impost received -this year has been less productive than usual & it will be impossible to -continue the present armament without another loan. Had the impost -produced the sum to which it was calculated, a loan would have been -unavoidable. - -"This difficulty ought to have been foreseen when it was determined to -execute the law for raising the army. It is now conceiv'd that we cannot -at the present stage of our negotiation with France change the defensive -position we have taken without much hazard. - -"In addition to this many influential characters not only contend that -the army ought not now to be disbanded but that it ought to be continued -so long as the war in Europe shall last. I am apprehensive that our -people would receive with very ill temper a system which should keep up -an army of observation at the expense of the annual addition of five -millions to our debt. The effect of it wou'd most probably be that the -hands which hold the reins wou'd be entirely chang'd. You perceive the -perplexities attending our situation. - -"In addition to this there are such different views with respect to the -future, such a rancorous malignity of temper among the democrats,[1005] -such [an ap]parent disposition--(if the Aurora be the index of the -[mind of] those who support it) to propel us to a war with B[ritain] & -to enfold us within the embrace of Fran[ce], [s]uch a detestation & fear -of France among others [that I] look forward with more apprehension than -I have ever done to the future political events of our country."[1006] - -On December 18 a rumor of the death of Washington reached the Capital. -Marshall notified the House. His grief was so profound that even the dry -and unemotional words of the formal congressional reports express it. -"Mr. Marshall," says the "Annals" of Congress, "in a voice that bespoke -the anguish of his mind, and a countenance expressive of the deepest -regret, rose, and delivered himself as follows:-- - -"Mr. Speaker: Information has just been received, that our illustrious -fellow-citizen, the Commander-in-Chief of the American Army, and the -late President of the United States, is no more! - -"Though this distressing intelligence is not certain, there is too much -reason to believe its truth. After receiving information of this -national calamity, so heavy and so afflicting, the House of -Representatives can be but ill fitted for public business. I move, -therefore, they adjourn."[1007] - -The next day the news was confirmed, and Marshall thus addressed the -House:-- - -"Mr. Speaker: The melancholy event which was yesterday announced with -doubt, has been rendered but too certain. - -"Our WASHINGTON is no more! The Hero, the Sage, and the Patriot of -America--the man on whom in times of danger every eye was turned and all -hopes were placed--lives now only in his own great actions, and in the -hearts of an affectionate and afflicted people. - -"If, sir, it has even not been usual openly to testify respect for the -memory of those whom Heaven had selected as its instrument for -dispensing good to men, yet such has been the uncommon worth, and such -the extraordinary incidents, which have marked the life of him whose -loss we all deplore, that the American Nation,[1008] impelled by the -same feelings, would call with one voice for a public manifestation of -that sorrow which is so deep and so universal. - -"More than any other individual, and as much as to one individual was -possible, has he contributed to found this our wide-spread empire,[1009] -and to give to the Western World its independence and its freedom. - -"Having effected the great object for which he was placed at the head of -our armies, we have seen him converting the sword into the plough-share, -and voluntarily sinking the soldier in the citizen. - -"When the debility of our federal system had become manifest, and the -bonds which connected the parts of this vast continent were dissolving, -we have seen him the Chief of those patriots who formed for us a -Constitution, which, by preserving the Union, will, I trust, -substantiate and perpetuate those blessings our Revolution had promised -to bestow. - -"In obedience to the general voice of his country, calling on him to -preside over a great people, we have seen him once more quit the -retirement he loved, and in a season more stormy and tempestuous than -war itself, with calm and wise determination, pursue the true interests -of the Nation, and contribute, more than any other could contribute, to -the establishment of that system of policy which will, I trust, yet -preserve our peace, our honor and our independence. - -"Having been twice unanimously chosen the Chief Magistrate of a free -people, we see him, at a time when his re-election with the universal -suffrage could not have been doubted, affording to the world a rare -instance of moderation, by withdrawing from his high station to the -peaceful walks of private life. However the public confidence may -change, and the public affections fluctuate with respect to others, yet -with respect to him they have in war and in peace, in public and in -private life, been as steady as his own firm mind, and as constant as -his own exalted virtues. - -"Let us, then, Mr. Speaker, pay the last tribute of respect and -affection to our departed friend--let the Grand Council of the Nation -display those sentiments which the Nation feels. For this purpose I -hold in my hand some resolutions which I will take the liberty to offer -to the House."[1010] - -The resolutions offered by Marshall declared that:-- - -"The House of Representatives of the United States, having received -intelligence of the death of their highly valued fellow-citizen, GEORGE -WASHINGTON, General of the Armies of the United States, and sharing the -universal grief this distressing event must produce, _unanimously -resolve_:-- - -"1. That this House will wait on the President of the United States, in -condolence of this national calamity. - -"2. That the Speaker's chair be shrouded with black, and that the -members and officers of the House wear mourning during the session. - -"3. That a joint committee of both Houses be appointed to report -measures suitable to the occasion, and expressive of the profound sorrow -with which Congress is penetrated on the loss of a citizen, first in -war, first in peace, and first in the hearts of his countrymen."[1011] - -Thus it came about that the designation of Washington as "First in war, -first in peace, and first in the hearts of his countrymen" was -attributed to Marshall. But Marshall's colleague, Henry Lee, was the -author of these words. Marshall's refusal to allow history to give him -the credit for this famous description is characteristic. He might -easily have accepted that honor. Indeed, he found it difficult to make -the public believe that he did not originate this celebrated -phraseology. He presented the resolutions; they stand on the record in -Marshall's name; and, for a long time, the world insisted on ascribing -them to him. - -In a last effort to make history place the laurels on General Lee, where -they belong, Marshall, three years before his death, wrote the exact -facts:-- - -"As the stage passed through Philadelphia," says Marshall, "some -passenger mentioned to a friend he saw in the street the death of -General Washington. The report flew to the hall of Congress, and I was -asked to move an adjournment. I did so. - -"General Lee was not at the time in the House. On receiving the -intelligence which he did on the first arrival of the stage, he retired -to his room and prepared the resolutions which were adopted with the -intention of offering them himself. - -"But the House of Representatives had voted on my motion, and it was -expected by all that I on the next day announce the lamentable event and -propose resolutions adapted to the occasion. - -"General Lee immediately called on me and showed me his resolutions. He -said it had now become improper for him to offer them, and wished me to -take them. As I had not written anything myself and was pleased with his -resolutions which I entirely approved, I told him I would offer them the -next day when I should state to the House of Representatives the -confirmation of the melancholy intelligence received the preceding day. -I did so. - -"You will see the fact stated in a note to the preface of the Life of -Washington on p. [441] v. [2] and again in a note to the 5th vol. p. -765. Whenever the subject has been mentioned in my presence," Marshall -adds in a postscript, "I have invariably stated that the resolution was -drawn by General Lee and have referred to these notes in the Life of -Washington."[1012] - -During the first session Marshall was incessantly active, although his -work was done with such ease that he gave to his colleagues the -impression of indolence. Few questions came before the House on which he -did not take the floor; and none, apparently, about which he did not -freely speak his mind in private conversation. The interminable -roll-calls of the first session show that Marshall failed to vote only -six times.[1013] His name is prominent throughout the records of the -session. For example, the Republicans moved to amend the army laws so -that enlistments should not exempt non-commissioned officers and -privates from imprisonment for debt. Marshall spoke against the motion, -which was defeated.[1014] He was appointed chairman of a special -committee to bring in a bill for removing military forces from election -places and "preventing their interference in elections." Marshall drew -this measure, reported it to the House, where it passed, only to be -defeated in the Senate.[1015] - -Early in the session Marshall was appointed chairman of the committee to -report upon the cession by Connecticut to the United States of that -priceless domain known as the Western Reserve. He presented the -committee report recommending the acceptance of the lands and introduced -the bill setting out the terms upon which they could be taken -over.[1016] After much debate, which Marshall led, Gallatin fighting by -his side, the bill was passed by a heavy majority.[1017] - -Marshall's vote against abrogating the power of the Governor of the -Territory of the Mississippi to prorogue the Legislature;[1018] his vote -for the resolution that the impertinence of a couple of young officers -to John Randolph at the theater did not call "for the interposition of -this House," on the ground of a breach of its privileges;[1019] his vote -against that part of the Marine Corps Bill which provided that any -officer, on the testimony of two witnesses, should be cashiered and -incapacitated forever from military service for refusing to help arrest -any member of the service who, while on shore, offended against the -person or property of any citizen,[1020] are fair examples of the level -good sense with which Marshall invariably voted. - -On the Marine Corps Bill a debate arose so suddenly and sharply that the -reporter could not record it. Marshall's part in this encounter reveals -his military bent of mind, the influence of his army experience, and his -readiness in controversy, no less than his unemotional sanity and his -disdain of popular favor if it could be secured only by sacrificing -sound judgment. Marshall strenuously objected to subjecting the Marine -Corps officers to trial by jury in the civil courts; he insisted that -courts-martial were the only tribunals that could properly pass on their -offenses. Thereupon, young John Randolph of Roanoke, whose pose at this -particular time was extravagant hostility to everything military, -promptly attacked him. The incident is thus described by one who -witnessed the encounter "which was incidentally and unexpectedly started -and as suddenly and warmly debated":-- - -"Your representative, Mr. Marshall, was the principal advocate for -_letting the power remain with courts martial and for withholding it -from the courts of law_. In the course of the debate there was some -warmth and personality between him and Mr. Randolph, in consequence of -the latter charging the former with adopting opinions, and using -arguments, which went to sap the mode of trial by jury. - -"Mr. Marshall, with leave, rose a third time, and exerted himself to -repel and invalidate the deductions of Mr. Randolph, who also obtained -permission, and defended the inference he had drawn, by stating that Mr. -Marshall, in the affair of Robbins,[1021] had strenuously argued against -the jurisdiction of the American courts, and had contended that it was -altogether an _Executive_ business; that in the present instance he -strongly contended that the business ought not to be left with the civil -tribunals, but that it ought to be transferred to military tribunals, -and thus the trial by jury would be lessened and frittered away, and -insensibly sapped, at one time by transferring the power to the -Executive, and at another to the military departments; and in other -ways, as occasions might present themselves. The debate happened so -unexpectedly that the shorthand man did not take it down, although its -manner, its matter, and its tendency, made it more deserving of -preservation, than most that have taken place during the session."[1022] - -Marshall's leadership in the fight of the Virginia Revolutionary -officers for land grants from the National Government, strongly resisted -by Gallatin and other Republican leaders, illustrates his unfailing -support of his old comrades. Notwithstanding the Republican opposition, -he was victorious by a vote of more than two to one.[1023] - -But Marshall voted to rebuke a petition of "free men of color" to revive -the slave-trade laws, the fugitive from justice laws, and to take "such -measures as shall in due course" free the slaves.[1024] The debate over -this resolution is important, not only as explaining the vote of -Marshall, who came from Virginia and was himself a slaveholder, as were -Washington and Jefferson, but also as showing the mind of the country on -slavery at that particular time. - -Marshall's colleague, General Lee, said that the petition "contained -sentiments ... highly improper ... to encourage."[1025] John Rutledge of -South Carolina exclaimed: "They now tell the House these people are in -slavery--I thank God they are! if they were not, dreadful would be the -consequences.... Some of the states would never have adopted the Federal -form of government if it had not been secured to them that Congress -never would legislate on the subject of slavery."[1026] - -Harrison Gray Otis of Massachusetts was much disgusted by the -resolution, whose signers "were incapable of writing their names or of -reading the petitions"; he "thought those who did not possess that -species of property [slaves] had better leave the regulation of it to -those who were cursed with it." John Brown of Rhode Island "considered -[slaves] as much personal property as a farm or a ship.... We want -money; we want a navy; we ought therefore to use the means to obtain -it.... Why should we see Great Britain getting all the slave trade to -themselves; why may not our country be enriched by that lucrative -traffic?"[1027] Gabriel Christie of Maryland hoped the petition would -"go under the table instead of upon it."[1028] Mr. Jones of Georgia -thought that the slaves "have been immensely benefited by coming amongst -us."[1029] - -Finally, after two days of debate, in which the cause of freedom for the -blacks was almost unsupported, Samuel Goode of Virginia moved: "That the -parts of the said petition which invite Congress to legislate upon -subjects from which the General Government is precluded by the -Constitution have a tendency to create disquiet and jealousy, and ought -therefore to receive the pointed disapprobation of this House."[1030] On -this motion, every member but one, including John Marshall, voted aye. -George Thacher, a Congregationalist preacher from Massachusetts, alone -voted nay.[1031] Such, in general, and in spite of numerous humanitarian -efforts against slavery, was American sentiment on that subject at the -dawn of the nineteenth century.[1032] - -Five subjects of critical and historic importance came before the -session: the Federalists' Disputed Elections Bill; the Republican attack -on the provisional army raised for the probable emergency of war with -France; the Republican attack on the Executive power in the Jonathan -Robins case; the Republican onslaught upon the Alien and Sedition Laws; -and the National Bankruptcy Bill. In each of these Marshall took a -leading and determining part. - -Early in the session (January 23) the Republicans brought up the vexed -question of the Sedition Law. A resolution to repeal the obnoxious -section of this measure was presented on January 29, and after a hot -debate was adopted by the close vote of 50 to 48. Marshall voted for the -repeal and against his own party.[1033] Had he voted with his party, the -Republican attack would have failed. But no pressure of party regularity -could influence Marshall against his convictions, no crack of the party -whip could frighten him. - -Considering the white heat of partisan feeling at the time, and -especially on the subject of the Alien and Sedition Laws; considering, -too, the fact that these offensive acts were Administration measures; -and taking into account the prominence as a Federalist leader which -Marshall had now achieved, his vote against the reprobated section of -the Sedition Law was a supreme act of independence of political ties and -party discipline. He had been and still was the only Federalist to -disapprove, openly, the Alien and Sedition Laws.[1034] "To make a little -saving for our friend Marshall's address," Chief Justice Ellsworth -sarcastically suggested that, in case of the repeal of the Sedition Law, -"the preamble ... should read thus: 'Whereas the increasing danger and -depravity of the present time require that the law against seditious -practices _should be restored to its full rigor_, therefore,' -etc."[1035] - -From the point of view of its probable effect on Marshall's political -fortunes, his vote appeared to spell his destruction, for it practically -left him outside of either party. He abhorred the doctrine of State -Sovereignty which Jefferson now was making the rallying-point of the -Republican Party; he believed, quite as fervently as had Washington -himself, that the principle of Nationality alone could save the -Republic. So Marshall could have no hopes of any possible future -political advancement through the Republican Party. - -On the other hand, his vote against his own party on its principal -measure killed Marshall's future as a Federalist in the opinion of all -the politicians of his time, both Federal and Republican.[1036] And we -may be certain that Marshall saw this even more clearly than did the -politicians, just as he saw most things more clearly than most men. - -But if Marshall's vote on the Sedition Law was an act of -insubordination, his action on the Disputed Elections Bill was nothing -short of party treason. This next to the last great blunder of the -Federalists was in reality a high-handed attempt to control the coming -presidential election, regardless of the votes of the people. It was -aimed particularly at the anticipated Republican presidential majority -in Pennsylvania which had just elected a Republican Governor over the -Federalist candidate. - -On January 3, Senator Ross of Pennsylvania, the defeated Federalist -candidate for Governor of that State, offered a resolution that a -committee should be appointed to consider a law "for deciding disputed -elections of President and Vice-President ... and ... the legality or -illegality of the votes given for those officers in the different -states." In a brief but pointed debate, the Republicans insisted that -such a law would be unconstitutional. - -The Federalist position was that, since the Constitution left open the -manner of passing upon votes, Congress had the power to regulate that -subject and ought to provide some method to meet anticipated -emergencies. Suppose, said Senator Ross, that "persons should claim to -be Electors who had never been _properly_ appointed [elected], should -their vote be received? Suppose they should vote for a person to be -President who had not the age required by the Constitution or who had -not been long enough a citizen of the United States or for two persons -who were both citizens of the same State?... What situation would the -country be in if such a case was to happen?"[1037] - -So lively was the interest and high the excitement that Marshall did not -go to Richmond when his fifth child was born on February 13, 1800.[1038] -He spoke in the House February 12, and was appointed on an important -committee February 13.[1039] - -On February 14, the bill was reported to the Senate. Five days later the -Republican organ, the "Aurora," made shift to get a copy of the -measure,[1040] and printed it in full with a bold but justifiable attack -upon it and the method of its origin.[1041] On March 28, the bill passed -the Senate by a strict party vote.[1042] It provided that a "Grand -Committee," consisting of six Senators and six Representatives elected -by ballot and the Chief Justice of the Supreme Court, should take charge -of the certificates of electoral votes immediately after they had been -opened and read in the presence of Congress. - -This Grand Committee was to be given power to send for papers and -persons and, in secret session, to consider and _determine_ all -questions concerning the election. Had bribery been employed, had force -been used, had threats or intimidation, persuasion or cajolery polluted -the voters?--the Grand Committee was to decide these questions; it was -to declare what electoral votes should be counted; it was to throw out -electoral votes which it thought to be tainted or improper; and the -report of this Grand Committee was to be final and conclusive. In -short, it was to settle absolutely the Presidency; from its decree -there was to be no appeal.[1043] - -On March 31, this bill reached the House. While no action was taken on -it for more than two weeks, it was almost the sole topic of conversation -among the members. In these cloak-room talks, Marshall, to the intense -disgust and anger of the Federalist leaders, was outspoken against this -attempt to seize the Presidency under the forms of a National law. - -Two weeks later Marshall expressed his opinion on the floor. He thought -that "some salutary mode" to guard against election frauds and to settle -disputed presidential contests should be adopted; but he did not think -that the Senate should appoint the chairman of the Grand Committee, and -he objected especially to the finality of its authority.[1044] He moved -that these portions of the bill be stricken out and offered a -substitute.[1045] - -Opposed as he was to the measure as it came from the Senate, he -nevertheless was against its indefinite postponement and so voted.[1046] -His objections were to the autocratic and definitive power of the Grand -Committee; with this cut from the measure, he was in favor of a joint -committee of the House and Senate to examine into alleged election -frauds and illegalities. The Senate bill was referred to a special -committee of the House,[1047] which reported a measure in accordance -with Marshall's views.[1048] After much debate and several roll-calls, -the bill, as modified by Marshall, passed the House.[1049] - -Marshall's reconstruction of the Senate's Disputed Elections Bill killed -that measure. It no longer served the purpose of the Federalist -presidential conspiracy. By a strict party vote, the Senate disagreed -with the House amendments;[1050] and on the day before adjournment, the -bill was finally disposed of by postponement.[1051] - -Thus did Marshall destroy the careful plans for his party's further -control of the National Government, and increase the probability of the -defeat of his friend, John Adams, and of the election of his enemy, -Thomas Jefferson. Had not Marshall interfered, it seems certain that the -Disputed Elections Bill would have become a law. If it had been enacted, -Jefferson's election would have been impossible. Once again, as we shall -see, Marshall is to save the political life of his great and remorseless -antagonist. - -Yet Jefferson had no words of praise for Marshall. He merely remarks -that "the bill ... has undergone much revolution. Marshall made a -dexterous manoeuver; he declares against the constitutionality of the -Senate's bill, and proposes that the right of decision of their grand -committee should be controllable by the _concurrent_ vote of the two -houses of congress; but to stand good if not rejected by a concurrent -vote. You will readily estimate the amount of this sort of -controul."[1052] - -[Illustration: _Statue of John Marshall By Randolph Rogers_] - -The party leaders labored hard and long with Marshall while the Disputed -Elections Bill was before the House. Speaker Sedgwick thus describes the -Federalist plot and the paralyzing effect of Marshall's private -conversations with his fellow members: "Looking forward to the ensuing -election," writes the disgusted Speaker, "it was deemed indispensable to -prescribe a mode for canvassing the votes, provided there should be a -dispute. There being no law in the state [Pennsylvania], the governor -had declined, and the jacobins [Republicans] propagated the report ... -that he would return their votes. A bill was brought into the Senate & -passed, wisely & effectually providing against the evil, by the -constitution of a committee with ultimate powers of decision. - -"Mr. Marshall in the first place called in question the constitutional -powers of the legislature to delegate such authority to a Committee. On -this question I had a long conversation with him, & he finally confessed -himself (for there is not a more candid man on earth) to be convinced. - -"He then resorted to another ground of opposition. He said the people -having authorized the members to decide, personally, all disputes -relative to those elections, altho' the power was not indelegable, yet -he thought, in its nature, it was too delicate to be delegated, until -experience had demonstrated that great inconveniences would attend its -exercise by the Legislature; altho' he had no doubt such would be the -result of the attempt. - -"This objection is so attenuated and unsubstantial as to be hardly -perceivable by a mind so merely practical as mine. He finally was -convinced that it was so and abandoned it. - -"In the mean time, however, he had dwelt so much, in conversation, on -these subjects that he had dissipated our majority, and it never could -again be compacted. The consequence was that the bill was lost."[1053] - -Marshall's most notable performance while in Congress was his effort in -the celebrated Jonathan Robins case--"a speech," declares that capable -and cautious critic, Henry Adams, "that still stands without a parallel -in our Congressional debates."[1054] In 1797 the crew of the British -ship Hermione mutinied, murdered their officers, took the ship to a -Spanish port, and sold it. One of the murderers was Thomas Nash, a -British subject. Two years later, Nash turned up at Charleston, South -Carolina, as the member of a crew of an American schooner. - -On the request of the British Consul, Nash was seized and held in jail -under the twenty-seventh article of the Jay Treaty. Nash swore that he -was not a British subject, but an American citizen, Jonathan Robins, -born in Danbury, Connecticut, and impressed by a British man-of-war. On -overwhelming evidence, uncontradicted except by Nash, that the accused -man was a British subject and a murderer, President Adams requested -Judge Bee, of the United States District Court of South Carolina, to -deliver Nash to the British Consul pursuant to the article of the treaty -requiring the delivery.[1055] - -Here was, indeed, a campaign issue. The land rang with Republican -denunciation of the President. What servile truckling to Great Britain! -Nay, more, what a crime against the Constitution! Think of it! An -innocent American citizen delivered over to British cruelty. Where now -were our free institutions? When President Adams thus surrendered the -Connecticut "Yankee," Robins, he not only prostituted patriotism, showed -himself a tool of British tyranny, but also usurped the functions of the -courts and struck a fatal blow at the Constitution. So shouted -Republican orators and with immense popular effect. - -The fires kindled by the Alien and Sedition Laws did not heat to greater -fervency the public imagination. Here was a case personal and concrete, -flaming with color, full of human appeal. Jefferson took quick party -advantage of the incident. "I think," wrote he, "no circumstance since -the establishment of our government has affected the popular mind more. -I learn that in Pennsylvania it had a great effect. I have no doubt the -piece you inclosed will run through all the republican papers, & carry -the question home to every man's mind."[1056] - -"It is enough to call a man an _Irishman_, to make it _no murder_ to -pervert the law of nations and to degrade national honor and -character.... Look at what has been done in the case of _Jonathan -Robbins_," [_sic_] exclaimed the "Aurora." "A British lieutenant who -never saw him until he was prisoner at Charleston swears his name is -Thomas Nash." So "The man is hanged!"[1057] - -For the purposes of the coming presidential campaign, therefore, the -Robins affair was made the principal subject of Republican congressional -attack on the Administration. On February 4, the House requested the -President to transmit all the papers in the case. He complied -immediately.[1058] The official documents proved beyond a doubt that the -executed sailor had not been an American citizen, but a subject of the -British King and that he had committed murder while on board a British -vessel on the high seas. - -The selectmen of Danbury, Connecticut, certified that no such person as -Jonathan Robins nor any family of the name of Robins ever had lived in -that town. So did the town clerk. On the contrary, a British naval -officer, who knew Nash well, identified him.[1059] - -Bayard, for the Federalists, took the aggressive and offered a -resolution to the effect that the President's conduct in the Robins case -"was conformable to the duty of the Government and to ... the 27th -article of the Treaty ... with Great Britain."[1060] - -Forced to abandon their public charge that the Administration had -surrendered an innocent American citizen to British cruelty,[1061] the -Republicans based their formal assault in Congress upon the ground that -the President had disobeyed the laws, disregarded the Constitution, and -taken upon himself the discharge of duties and functions which belonged -exclusively to the courts. They contended that, even if Nash were -guilty, even if he were not an American citizen, he should, -nevertheless, have been tried by a jury and sentenced by a court. - -On February 20, Livingston of New York offered the Republican -resolutions to this effect. Not only was the President's conduct in this -serious business a "dangerous interference of the Executive with -judicial decisions," declared the resolution, but the action of the -court in granting the President's request was "a sacrifice of the -Constitutional independence of the judicial power and exposes the -administration thereof to suspicion and reproach."[1062] - -The House decided to consider the Livingston resolutions rather than -those offered by Bayard, the Federalists to a man supporting this method -of meeting the Republicans on the ground which the latter, themselves, -had chosen. Thus the question of constitutional power in the execution -of treaties came squarely before the House, and the great debate was -on.[1063] For two weeks this notable discussion continued. The first day -was frittered away on questions of order. - -The next day the Republicans sought for delay[1064]--there were not -sufficient facts before the House, they said, to justify that body in -passing upon so grave a question. The third day the Republicans proposed -that the House should request the President to secure and transmit the -proceedings before the South Carolina Federal Court on the ground that -the House could not determine the matter until it had the court -proceedings.[1065] - -Marshall's patience was exhausted. He thought this procrastinating -maneuver a Republican trick to keep the whole matter open until after -the coming presidential campaign,[1066] and he spoke his mind sharply to -the House. - -"Let gentlemen recollect the nature of the case," exclaimed Marshall; -"the President of the United States is charged by this House with having -violated the Constitution and laws of his country, by having committed -an act of dangerous interference with a judicial decision--he is so -charged by a member of this House. Gentlemen were well aware how much -the public safety and happiness depended on a well or a misplaced -confidence in the Executive. - -"Was it reasonable or right," he asked, "to receive this charge--to -receive in part the evidence in support of it--to receive so much -evidence as almost every gentleman declared himself satisfied with, and -to leave the charge unexamined, hanging over the head of the President -of the United States ... how long it was impossible to say, but -certainly long enough to work a very bad effect? To him it seemed of -all things the most unreasonable and unjust; and the mischief resulting -therefrom must be very great indeed." - -The House ought to consider the evidence it already had; if, on such -examination, it appeared that more was needed, the matter could then be -postponed. And, in any event, why ask the President to send for the -court proceedings? The House had as much power to procure the papers as -the President had. "Was he [the President] to be a _menial_ to the House -in a business wherein himself was seriously charged?"[1067] - -Marshall was aroused. To his brother he thus denounces the tactics of -the Republicans: "Every stratagem seems to be used to give to this -business an undue impression. On the motion to send for the evidence -from the records of South Carolina altho' it was stated & prov'd that -this would amount to an abandonment of the enquiry during the present -session & to an abandonment under circumstances which would impress the -public mind with the opinion that we really believed Mr. Livingston's -resolutions maintainable; & that the record could furnish no -satisfaction since it could not contain the parol testimony offered to -the Judge & further that it could not be material to the President but -only to the reputation of the Judge what the amount of the testimony -was, yet the debate took a turn as if we were precipitating a decision -without enquiry & without evidence."[1068] - -This Republican resolution was defeated. So was another by Gallatin -asking for the papers in the case of William Brigstock, which the -Republicans claimed was similar to that of Jonathan Robins. Finally the -main question came on. For two hours Gallatin made an ingenious argument -in support of the Livingston resolutions.[1069] - -The next day, March 7, Marshall took the floor and made the decisive -speech which put a period to this partisan controversy. He had carefully -revised his argument,[1070] and it is to this prevision, so unlike -Marshall's usual methods, that we owe the perfection of the reporter's -excellent transcript of his performance. This great address not only -ended the Republican attack upon the Administration, but settled -American law as to Executive power in carrying out extradition treaties. -Marshall's argument was a mingling of impressive oratory and judicial -finality. It had in it the fire of the debater and the calmness of the -judge. - -It is the highest of Marshall's efforts as a public speaker. For many -decades it continued to be published in books containing the -masterpieces of American oratory as one of the best examples of the -art.[1071] It is a landmark in Marshall's career and a monument in the -development of the law of the land. They go far who assert that -Marshall's address is a greater performance than any of the speeches of -Webster, Clay, Sumner, or other American orators of the first class; and -yet so perfect is this speech that the commendation is not extreme. - -The success of a democratic government, said Marshall, depended not only -on its right administration, but also on the public's right -understanding of its measures; public opinion must be "rescued from -those numerous prejudices which ... surround it." Bayard and others had -so ably defended the Administration's course that he would only -"reëstablish" and "confirm" what they had so well said. - -Marshall read the section of the Jay Treaty under which the President -acted: This provided, said he, that a murderer of either nation, fleeing -for "asylum" to the other, when charged with the crime, and his delivery -demanded on such proof as would justify his seizure under local laws if -the murder had been committed in that jurisdiction, must be surrendered -to the aggrieved nation. Thus Great Britain had required Thomas Nash at -the hands of the American Government. He had committed murder on a -British ship and escaped to America. - -Was this criminal deed done in British jurisdiction? Yes; for "the -jurisdiction of a nation extends to the whole of its territory, and to -its own citizens in every part of the world.... The nature of civil -union" involves the "principle" that "the laws of a nation are -rightfully obligatory on its own citizens in every situation where those -laws are really extended to them." - -This "is particularly recognized with respect to the fleets of a nation -on the high seas." By "the opinion of the world ... a fleet at sea is -within the jurisdiction of the nation to which it belongs," and crimes -there committed are punishable by that nation's laws. This is not -contradicted by the right of search for contraband, as Gallatin had -contended, for "in the sea itself no nation has any jurisdiction," and a -belligerent has a right to prevent aid being carried to its enemy. But, -as to its crew, every ship carried the law of its flag. - -Marshall denied that the United States had jurisdiction, concurrent or -otherwise, over the place of the murder; "on the contrary, no nation has -any jurisdiction at sea but over its own citizens or vessels or offenses -against itself." Such "jurisdiction ... is personal, reaching its own -citizens only"; therefore American authority "cannot extend to a murder -committed by a British sailor on board a British frigate navigating the -high seas." There is no such thing as "common [international] -jurisdiction" at sea, said Marshall; and he exhaustively illustrated -this principle by hypothetical cases of contract, dueling, theft, etc., -upon the ocean. "A common jurisdiction ... at sea ... would involve the -power of punishing the offenses ... stated." Piracy was the one -exception, because "against all and every nation ... and therefore -punishable by all alike." For "a pirate ... is an enemy of the human -race." - -Any nation, however, may by statute declare an act to be piratical which -is not so by the law of nations; and such an act is punishable only by -that particular state and not by other governments. But an act -universally recognized as criminal, such as robbery, murder, and the -like, "is an offense against the community of nations." - -The Republican contention was that murder and robbery (seizure of ships) -constituted piracy "by the law of nations," and that, therefore, Nash -should have been indicted and tried by American authority as a pirate; -whereas he had been delivered to Great Britain as a criminal against -that nation. - -But, said Marshall, a single act does not necessarily indicate piratical -intent unless it "manifests general hostility against the world"; if it -shows an "intention to rob generally, then it is piracy." If, however, -"it be merely mutiny and murder in a vessel with the intention of -delivering it up to the enemy, it" is "an offense against a single -nation and not piracy." It was only for such murder and "not piracy" -that "Nash was delivered." And, indisputably, this was covered by the -treaty. Even if Nash had been tried and acquitted for piracy, there -still would have remained the crime of murder over which American courts -had no jurisdiction, because it was not a crime punishable by -international law, but only by the law of the nation in whose -jurisdiction the crime was committed, and to which the criminal -belonged. - -American law and American courts could not deal with such a condition, -insisted Marshall, but British law and courts could and the treaty bound -America to deliver the criminal into British hands. "It was an act to -which the American Nation was bound by a most solemn compact." For an -American court to have convicted Nash and American authorities to have -executed him "would have been murder"; while for them to have "acquitted -and discharged him would have been a breach of faith and a violation of -national duty." - -It was plain, then, said he, that Nash should have been delivered to the -British officers. By whom? The Republicans insisted that this authority -was in the courts. Marshall demonstrated that the President alone could -exercise such power. It was, he said, "a case for Executive and not for -judicial decision." The Republican resolutions declared that the -judicial power extends to _all_ questions arising under the -Constitution, treaties, and laws of the United States; but the -Constitution itself provided that the judicial power extends only to all -cases "_in law and equity_" arising under the Constitution, laws, and -treaties of the United States. - -"The difference was material and apparent," said Marshall. "A case in -law or equity was a term well understood and of limited signification. -It was a controversy between parties which had taken a shape for -judicial decision. If the judicial power extended to every question -under the Constitution, it would involve almost every subject proper for -Legislative discussion and decision; if to every question under the laws -and treaties of the United States, it would involve almost every subject -on which the Executive could act. The division of power ... could exist -no longer, and the other departments would be swallowed up in the -Judiciary." - -The Constitution did not confer on the Judiciary "any political power -whatever." The judicial power covered only cases where there are -"parties to come into court, who can be reached by its process and bound -by its power; whose rights admit of ultimate decision by a tribunal to -which they are bound to submit." Such a case, said Marshall, "may arise -under a treaty where the rights of individuals acquired or secured by a -treaty are to be asserted or defended in court"; and he gave examples. -"But the judicial power cannot extend to political compacts; as the -establishment of the boundary line between American and British -Dominions ... or the case of the delivery of a murderer under the -twenty-seventh article of our present Treaty with Britain.... - -"The clause of the Constitution which declares that 'the trial of all -crimes ... shall be by jury'" did not apply to the decision of a case -like that of Robins. "Certainly this clause ... cannot be thought -obligatory on ... the whole world. It is not designed to secure the -rights of the people of Europe or Asia or to direct and control -proceedings against criminals throughout the universe. It can, then, be -designed only to guide the proceedings of our own courts" in cases "to -which the jurisdiction of the nation may rightfully extend." And the -courts could not "try the crime for which Thomas Nash was delivered up -to justice." The sole question was "whether he should be delivered up to -a foreign tribunal which was alone capable of trying and punishing him." -A provision for the trial of crimes in the courts of the United States -is clearly "not a provision for the surrender to a foreign Government of -an offender against that Government." - -If the murder by Nash were a crime, it is one "not provided for by the -Constitution"; if it were not a crime, "yet it is the precise case in -which his surrender was stipulated by treaty" which the President, -alone, must execute. That in the Executive decision "judicial questions" -must also be determined, argued nothing; for this often must be the -case, as, for instance, in so simple and ordinary matter as issuing -patents for public lands, or in settling whether vessels have been -captured within three miles of our coasts, or in declaring the legality -of prizes taken by privateers or the restoration of such vessels--all -such questions, of which these are familiar examples, are, said -Marshall, "questions of political law proper to be decided by the -Executive and not by the courts." - -This was the Nash case. Suppose that a murder were "committed within the -United States and the murderer should seek an asylum in Great Britain!" -The treaty covered such a case; but no man would say "that the British -courts should decide" it. It is, in its nature, a National demand made -upon the Nation. The parties are two nations. They cannot come into -court to litigate their claims, nor can a court decide on them. "Of -consequence," declares Marshall, "the demand is not a case for judicial -cognizance." - -"The President is the sole organ of the nation in its external -relations"; therefore "the demand of a foreign nation can only be made -on him. He possesses the whole Executive power. He holds and directs the -force of the nation. Of consequence, any act to be performed by the -force of the nation is to be performed through him. He is charged to -execute the laws. A treaty is ... a law. He must, then, execute a -treaty, where he, and he alone, possesses the means of executing it." - -This, in rough outline, is Marshall's historic speech which helped to -direct a new nation, groping blindly and with infinite clamoring, to a -straight and safe pathway. Pickering immediately reported to Hamilton: -"Mr. Marshall delivered a very luminous argument on the case, placing -the 27th article of the treaty in a clear point of view and giving -constructions on the questions arising out of it perfectly satisfactory, -but, as it would seem, wholly unthought of when the meaning of the -article was heretofore considered. His argument will, I hope, be fully -and correctly published; it illustrates an important national -question."[1072] - -The Republicans were discomfited; but they were not without the power to -sting. Though Marshall had silenced them in Congress, the Republican -press kept up the attack. "_Mr. Marshall_ made an ingenious and -_specious_ defence of the administration, in relation to executive -interference in the case of _Robbins_," [_sic_] says the "Aurora," "but -he was compelled to admit, what certainly implicates both the President -and Judge Bee.... He admitted that an American seaman was justifiable, -in rescuing himself from impressment, to put to death those who kept -him in durance.... Robbins [_sic_] claimed to be an American citizen, -and asserted upon his oath, that he had been impressed and yet his claim -was not examined into by the Judge, neither did the President _advise_ -and _request_ that this should be a subject of enquiry. The enquiry into -his citizenship was made _after_ his surrender and execution, and the -evidence exhibited has a very suspicious aspect.... Town clerks may be -found to certify to anything that Timothy Pickering shall desire."[1073] -Nevertheless, even the "Aurora" could not resist an indirect tribute to -Marshall, though paying it by way of a sneer at Samuel W. Dana of -Connecticut, who ineffectually followed him. - -"In the debate on _Mr. Livingston's_ resolutions, on Friday last," says -the "Aurora," "Mr. Marshall made, in the minds of some people, a very -satisfactory defense of the conduct of the _President_ and _Judge Bee_ -in the case of _Jonathan Robbins_ [_sic_]. Mr. Dana, however, thought -the subject exhausted, and very _modestly_ (who does not know his -_modesty_) resolved with his inward man to shed a few more rays of light -on the subject; a federal judge, much admired for his wit and humour, -happened to be present, when Mr. Dana began his flourishes. - -"The judge thought the seal of conviction had been put upon the case by -Mr. Marshall, and discovered symptoms of uneasiness when our little -Connecticut Cicero displayed himself to catch Mr. Speaker's vacant -eye--'Sir,' said the wit to a byestander, 'what can induce that man to -rise, he is nothing but a shakebag, and can only shake out the ideas -that have been put into the members' heads by Mr. Marshall.'"[1074] - -Marshall's argument was conclusive. It is one of the few speeches ever -delivered in Congress that actually changed votes from one party to the -other in a straight-out party fight. Justice Story says that Marshall's -speech "is one of the most consummate juridical arguments which was ever -pronounced in the halls of legislation; ... equally remarkable for the -lucid order of its topics, the profoundness of its logic, the extent of -its research,[1075] and the force of its illustrations. It may be said -of that speech ... that it was '_Réponse sans réplique_,' an answer so -irresistible that it admitted of no reply. It silenced opposition and -settled then and forever the points of international law on which the -controversy hinged.... An unequivocal demonstration of public opinion -followed. The denunciations of the Executive, which had hitherto been -harsh and clamorous everywhere throughout the land, sunk away at once -into cold and cautious whispers only of disapprobation. - -"Whoever reads that speech, even at this distance of time, when the -topics have lost much of their interest, will be struck with the -prodigious powers of analysis and reasoning which it displays, and -which are enhanced by the consideration that the whole subject was then -confessedly new in many of its aspects."[1076] - -The Republican leaders found their own members declaring themselves -convinced by Marshall's demonstration and announcing their intentions of -voting with the Administration. Gallatin, Livingston, and Randolph had -hard work to hold their followers in line. Even the strongest efforts of -these resourceful men would not rally all of their shattered forces. -Many Republican members ignored the pleadings of their leaders and -supported Marshall's position. - -This is not to be wondered at, for Marshall had convinced even Gallatin -himself. This gifted native of Switzerland was the Republican leader of -the House. Unusually well-educated, perfectly upright, thorough in his -industry, and careful in his thinking, Gallatin is the most admirable of -all the characters attracted to the Republican ranks. He had made the -most effective argument on the anti-Administration side in the debate -over the Livingston resolutions, and had been chosen to answer -Marshall's speech. He took a place near Marshall and began making notes -for his reply; but soon he put his pencil and paper aside and became -absorbed in Marshall's reasoning. After a while he arose, went to the -space back of the seats, and paced up and down while Marshall proceeded. - -When the Virginian closed, Gallatin did not come forward to answer him -as his fellow partisans had expected. His Republican colleagues crowded -around the brilliant little Pennsylvania Swiss and pleaded with him to -answer Marshall's speech without delay. But Gallatin would not do it. -"Answer it yourself," exclaimed the Republican leader in his quaint -foreign accent; "for my part, I think it unan_swer_able," laying the -accent on the _swer_.[1077] - -Nicholas of Virginia then tried to reply, but made no impression; Dana -spoke to no better purpose, and the House ended the discussion by a vote -which was admitted to be a distinctively personal triumph for Marshall. -The Republican resolutions were defeated by 61 to 35, in a House where -the parties were nearly equal in numbers.[1078] - -For once even Jefferson could not withhold his applause for Marshall's -ability. "Livingston, Nicholas & Gallatin distinguished themselves on -one side & J. Marshall greatly on the other," he writes in his curt -account of the debate and its result.[1079] And this grudging tribute of -the Republican chieftain is higher praise of Marshall's efforts than the -flood of eulogy which poured in upon him; Jefferson's virulence toward -an enemy, and especially toward Marshall, was such that he could not -see, except on rare occasions, and this was one, any merit whatever in -an opponent, much less express it. - -Marshall's defense of the army law was scarcely less powerful than his -speech in the Robins case; and it reveals much more clearly Marshall's -distinctively military temper of mind. - -Congress had scarcely organized when the question came up of the -reduction of the army. On this there was extended debate. Nicholas of -Virginia offered a resolution to repeal the act for the provisional army -of which Washington had been the Commander-in-Chief. The expense of this -military establishment greatly alarmed Nicholas, who presented an array -of figures on which his anxieties fed.[1080] It was nonsense, he held, -to keep this army law on the statute books for its effect on the -negotiations with France. - -Marshall promptly answered. "If it was true," said he, "that America, -commencing her negotiation with her present military force would appear -in the armor which she could only wear for a day, the situation of our -country was lamentable indeed. If our debility was really such ... our -situation was truly desperate." There was "no cheaper mode of -self-defense"; to abandon it "amounted to a declaration that we were -unable to defend ourselves." It was not necessary to repeal the law -entirely or to put it, "not modified," in full effect. Marshall -suggested a middle ground by which "the law might be modified so as to -diminish the estimated expense, without dismissing the troops already in -actual service."[1081] - -Answering the favorite argument made by the opponents of the army, that -no power can invade America, he asked: "What assurance have gentlemen -that invasion is impracticable?" Who knows the real conditions in -Europe?--the "effect of the late decisive victories of France?... It was -by no means certain" that these had not resulted in the release of -forces which she "may send across the Atlantic." - -Why be precipitate? asked Marshall; by the opening of the next campaign -in Europe we should have more information. Let us look the situation in -the face: "We are, in fact, at war with France, though it is not -declared in form"; commerce is suspended; naval battles are being -fought; property is "captured and confiscated"; prisoners are taken and -incarcerated. America is of "vast importance to France"; indeed, "the -monopoly of our commerce in time of peace" is invaluable to both France -and England "for the formation of a naval power." - -The Republicans, he said, had "urged not only that the army is useless," -but that we could not afford the expense of maintaining it. "Suppose -this had been the language of '75!" exclaimed Marshall. "Suppose a -gentleman had risen on the floor of Congress, to compare our revenues -with our expenses--what would have been the result of the calculation?" -It would have shown that we could not afford to strike for our -independence! Yet we did strike and successfully. "If vast exertions -were then made to acquire independence, will not the same exertions be -now made to maintain it?" - -The question was, "whether self-government and national liberty be worth -the money which must be expended to preserve them?"[1082] He exposed -the sophistry of an expensive economy. It should never be forgotten that -true economy did not content itself with inquiring into the mere saving -of the present moment; it should take an enlarged view of the subject, -and determine, on correct calculations, whether the consequence of a -present saving might not be a much more considerable future expenditure. - -Marshall admitted that the reduction of the army would certainly -diminish the expense of the present year, but contended that the present -saving would bear no proportion to the immense waste of blood, as well -as treasure, which it might occasion.[1083] "And consider," he -exclaimed, "the effect the army already had produced on the mind and -conduct of France. While America was humbly supplicating for peace, and -that her complaints might be heard, France spurned her contemptuously -and refused to enter on a discussion of differences, unless that -discussion was preceded by a substantial surrender of the essential -attributes of independence." - -"America was at length goaded into resistance," asserted Marshall, "and -resolved on the system of defense, of which the army now sought to be -disbanded forms a part." What was the result? "Immediately the tone of -France was changed, and she consented to treat us as an independent -nation. Her depredations indeed did not cease; she continued still to -bring war upon us; but although peace was not granted, the door to peace -was opened." - -If "a French army should be crossing the Atlantic to invade our -territory," would anybody insist on disbanding our army? "Was it wise, -then, to do so while such a probability existed?" In a few months we -should know; and, if danger should disappear, "the army expires by the -law which gave it being." Meantime the expense would be trifling.[1084] - -In a private letter Marshall states, with even more balance, his views -of the conflicting questions of the expense involved in, and the -necessity for, military equipment. He regrets that a loan is "absolutely -unavoidable"; but "attention must be paid to our defenses":-- - -"The whole world is in arms and no rights are respected but those that -[are] maintained by force. In such a state of things we dare not be -totally unmindful of ourselves or totally neglectful of that military -position to which, in spite of the prudence and pacific disposition of -our government, we may be driven for the preservation of our liberty and -national independence. - -"Altho' we ought never to make a loan if it be avoidable, yet when -forc'd to it much real consolation is to be deriv'd from the future -resources of America. These resources, if we do not throw them away [by] -dissolving the union, are invaluable. It is not to be doubted that in -twenty years from this time the United States would be less burthen'd by -a revenue of twenty millions than now by a revenue of ten. It is the -plain & certain consequence of our increasing population & our -increasing wealth.... - -"The system of defence which has rendered this measure necessary was -not [only] essential to our character as an independent nation, but it -has actually sav'd more money to the body of the people than has been -expended & has very probably prevented either open war or such national -degradation as would make us the objects of general contempt and injury. - -"A bill to stop recruiting in the twelve additional regiments has been -brought in and will pass without opposition. An attempt was made -absolutely to disband them, but [it] was negativ'd. It has been so -plainly prov'd to us that french aggression has been greatly increased, -& that their contemptuous refusal even to treat with us as an -independent nation has been entirely occasioned by a belief that we -could not resist them; & it is so clear that their present willingness -to treat is occasioned by perceiving our determination to defend -ourselves, that it was thought unwise to change materially our system at -the commencement of negotiation. - -"In addition to this it had much weight, that we should know in a few -months the facts of our negotiation & should then be able to judge -whether the situation & temper of France rendered an invasion -pro[bable]. Then would be the time to decide on diminishing [or] -augmenting our military forces. A French 64 has it is said arrived in -the west indies & three frigates expected."[1085] - -Although the debate dragged on and the army was attacked and defended -with brilliant ability, Marshall's argument remained the Gibraltar of -the Administration, upon which all the assaults of the Republicans were -centered unavailingly. For his army speech was never answered. Only once -more during this debate did Marshall rise and then but briefly, to bring -his common sense to bear upon the familiar contention that, if the -country is in danger, its citizens will rise spontaneously to defend it. -He said that it would be absurd to call men to arms, as had been done, -and then "dismiss them before the service was performed ... merely -because their zeal could be depended on" hereafter. He "hoped the -national spirit would never yield to that false policy."[1086] - -The fourth important subject in which Marshall was a decisive influence -was the National Bankruptcy Law, passed at this session of Congress. He -was the second member of the committee that drafted this -legislation.[1087] For an entire month the committee worked on the bill -and reported it on January 6, 1800.[1088] After much debate, which is -not given in the official reports, the bill passed the House on February -21 and the Senate March 28.[1089] - -While the "Annals" do not show it, we know from the testimony of the -Speaker of the House that Marshall was the vital force that shaped this -first National Bankruptcy Act. He was insistent that the law should not -be too extensive in its provisions for the curing of bankruptcy, and it -was he who secured the trial by jury as to the fact of bankruptcy. - -"It [the Bankruptcy Law] is far from being such an one as I wished," -writes Sedgwick. "The _acts_ in curing bankruptcy are too restricted, -and the trial of the question Bankrupt or not, by jury, will be found -inconvenient, embarrassing & dilatory. The mischief was occasioned by -Virginia Theory. It was the whim of General Marshall; with him a _sine -qua non_ of assent to the measure, & without him the bill must have been -lost, for it passed the House by my casting vote." - -"Besides the bankrupt bill, we have passed [only] one more of great -importance," writes the Speaker of the House in a review of the work of -the session.[1090] Much of the Speaker's summary is devoted to Marshall. -Sedgwick was greatly disappointed with the laws passed, with the -exception of the Bankruptcy Bill "and one other."[1091] "All the rest we -have made here are, as to any permanently beneficial effects, hardly -worth the parchment on which they are written. The reason of this -feebleness is a real feebleness of character in the house." Sedgwick -lays most of this at Marshall's door, and in doing so, draws a vivid -picture of Marshall the man, as well as of Marshall the legislator:-- - -"Marshall was looked up to as the man whose great and commanding genius -was to enlighten & direct the national councils. This was the general -sentiment, while some, and those of no inconsiderable importance, -calculating on his foolish declaration, relative to the alien & sedition -laws, thought him temporizing while others deemed him feeble. - -"None had in my opinion justly appreciated his character. As his -character has stamped itself on the measures of the present session, I -am desirous of letting you know how I view it. - -"He is a man of a very affectionate disposition, of great simplicity of -manners and honest & honorable in all his conduct. - -"He is attached to pleasures, with convivial habits strongly fixed. - -"He is indolent, therefore; and indisposed to take part in the common -business of the house. - -"He has a strong attachment to popularity but indisposed to sacrifice to -it his integrity; hence it is that he is disposed on all popular -subjects to feel the public pulse and hence results indecision and _an -expression_ of doubt. - -"Doubts suggested by him create in more feeble minds those which are -irremovable. He is disposed ... to express great respect for the -sovereign people, and to quote their opinions as an evidence of truth. - -"The latter is of all things the most destructive of personal -independence & of that weight of character which a great man ought to -possess. - -"This gentleman, when aroused, has strong reasoning powers; they are -almost unequalled. But before they are excited, he has frequently, -nearly, destroyed any impression from them."[1092] - -Such was Marshall's work during his six months' service in Congress, the -impression he made, and the estimate of him by his party friends. His -"convivial habits, strongly fixed," his great good nature, his personal -lovableness, were noted by his associates in the National House of -Representatives quite as much as they had been observed and commented on -by his fellow members in the Virginia Legislature and by his friends and -neighbors in Richmond. - -The public qualities which his work in Congress again revealed in -brilliant light were his extraordinary independence of thought and -action, his utter fearlessness, and his commanding mental power. But his -personal character and daily manners applied a soothing ointment to any -irritation which his official attitude and conduct on public questions -created in the feelings of his associates. - -So came the day of adjournment of Congress; and with it the next step -which Fate had arranged for John Marshall. - - -FOOTNOTES: - -[993] Sedgwick to King, Dec. 29, 1799; King, iii, 163. - -[994] Cabot to King, Jan. 20, 1800; _ib._, 184. - -[995] _Annals_, 6th Cong., 1st Sess., 187. - -[996] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314. - -[997] _Annals_, 6th Cong. 1st Sess., 194. The speech as reported passed -with little debate. - -[998] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314. And see McMaster, -ii, 452. - -[999] Levin Powell to Major Burr Powell, Dec. 11, 1799; _Branch -Historical Papers_, ii, 232. - -[1000] _Annals_, 6th Cong., 1st Sess., 194. - -[1001] _Annals_, 6th Cong., 1st Sess., 194-97. - -[1002] _Ib._, 194. - -[1003] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314. - -[1004] _Annals_, 6th Cong., 1st Sess., 198. - -[1005] The Federalists called the Republicans "Democrats," "Jacobins," -etc., as terms of contempt. The Republicans bitterly resented the -appellation. The word "Democrat" was not adopted as the formal name of a -political party until the nomination for the Presidency of Andrew -Jackson, who had been Jefferson's determined enemy. - -[1006] Marshall to James M. Marshall, Philadelphia, Dec. 16, 1799; MS. - -[1007] _Annals_, 6th Cong., 1st Sess., 203. - -[1008] Marshall appears to have been the first to use the expression -"the American Nation." - -[1009] The word "empire" as describing the United States was employed by -all public men of the time. Washington and Jefferson frequently spoke of -"our empire." - -[1010] _Annals_, 6th Cong., 1st. Sess., 203-04. - -[1011] _Ib._, 204. - -[1012] Marshall to Charles W. Hannan, of Baltimore, Md., March 29, 1832; -MS., N.Y. Pub. Lib.; also Marshall, ii, 441. - -[1013] These were: On the bill to enable the President to borrow money -for the public (_Annals_, 6th Cong., 1st Sess., 632); a bill for the -relief of Rhode Island College (_ib._, 643); a salt duty bill (_ib._, -667); a motion to postpone the bill concerning the payment of admirals -(_ib._, 678); a bill on the slave trade (_ib._, 699-700); a bill for the -additional taxation of sugar (_ib._, 705). - -[1014] _Ib._, 521-22. - -[1015] _Annals_, 6th Cong., 1st Sess., _House_, 522-23, 527, 626; -_Senate_, 151. - -[1016] _Ib._, 633-34. - -[1017] _Ib._, 662. See _ib._, Appendix II, 495, 496. Thus Marshall was -the author of the law under which the great "Western Reserve" was -secured to the United States. The bill was strenuously resisted on the -ground that Connecticut had no right or title to this extensive and -valuable territory. - -[1018] _Ib._, 532. On this vote the _Aurora_ said: "When we hear such -characters as General Lee calling it _innovation_ and _speculation_ to -withhold from the Executive magistrate the dangerous and unrepublican -power of _proroguing_ and dissolving a legislature at his pleasure, what -must be the course of our reflections? When we see men like General -Marshall voting for such a principle in a Government of a portion of the -American people is there no cause for alarm?" (_Aurora_, March 20, -1800.) - -[1019] _Annals_, 6th Cong., 1st Sess., 504-06. - -[1020] _Annals_, 6th Cong., 1st Sess., 623-24. - -[1021] See _infra_, 458 _et seq._ - -[1022] "Copy of a letter from a gentleman in Philadelphia, to his friend -in Richmond, dated 13th March, 1800," printed in _Virginia Gazette and -Petersburg Intelligencer_, April 1, 1800. - -[1023] _Annals_, 6th Cong., 1st Sess., 668-69. - -[1024] _Ib._, 229. - -[1025] _Ib._, 231. - -[1026] _Ib._, 230-32. - -[1027] _Annals_, 6th Cong., 1st Sess., 233. - -[1028] _Ib._, 234. - -[1029] _Ib._, 235. - -[1030] _Ib._, 240. - -[1031] _Ib._, 245. - -[1032] Concerning a similar effort in 1790, Washington wrote: "The -memorial of the Quakers (and a very _malapropos_ one it was) has at -length been put to sleep, and will scarcely awake before the year 1808." -(Washington to Stuart, March 28, 1790; _Writings_: Ford, xi, 474.) - -[1033] _Annals_, 6th Cong., 1st Sess., Resolution and debate, ii, -404-19. - -[1034] Bassett, 260. - -[1035] Ellsworth to Pickering, Dec. 12, 1798; Flanders, ii, 193. - -[1036] Adams: _Gallatin_, 211. And see Federalist attacks on Marshall's -answers to "Freeholder," _supra_. - -[1037] _Annals_, 6th Cong., 1st Sess., 29. - -[1038] James Keith Marshall. - -[1039] _Annals_, 6th Cong., 1st Sess., 520, 522. - -[1040] At this period the Senate still sat behind closed doors and its -proceedings were secret. - -[1041] _Annals_, 6th Cong., 1st Sess., 105. This led to one of the most -notably dramatic conflicts between the Senate and the press which has -occurred during our history. For the prosecution of William Duane, -editor of the _Aurora_, see _ib._, 105, 113-19, 123-24. It was made a -campaign issue, the Republicans charging that it was a Federalist plot -against the freedom of the press. (See _Aurora_, March 13 and 17, 1800.) - -[1042] _Ib._, 146. - -[1043] For a review of this astonishing bill, see McMaster, ii, 462-63, -and Schouler, i, 475. - -[1044] _Annals_, 6th Cong., 1st Sess., 670. - -[1045] Marshall's substitute does not appear in the _Annals_. - -[1046] _Annals_, 6th Cong., 1st Sess., 674. - -[1047] _Ib._, 678. - -[1048] _Annals_, 6th Cong., 1st Sess., 691-92. - -[1049] _Ib._, 687-710. - -[1050] _Ib._, 179. - -[1051] _Ib._, 182. - -[1052] Jefferson to Livingston, April 30, 1800; _Works_: Ford, ix, 132. - -[1053] Sedgwick to King, May 11, 1800; King, iii, 237-38. - -[1054] Adams: _Gallatin_, 232. - -[1055] United States _vs._ Nash _alias_ Robins, Bee's _Reports_, 266. - -[1056] Jefferson to Charles Pinckney, Oct. 29, 1799; _Works_: Ford, ix, -87. - -[1057] _Aurora_, Feb. 12, 1800. - -[1058] _Annals_, 6th Cong., 1st Sess., 511. - -[1059] _Ib._, 515-18. Nash himself confessed before his execution that -he was a British subject as claimed by the British authorities and as -shown by the books of the ship Hermione. - -[1060] _Ib._, 526. - -[1061] The Republicans, however, still continued to urge this falsehood -before the people and it was generally believed to be true. - -[1062] _Annals_, 6th Congress, 1st Sess., 532-33. - -[1063] _Ib._, 541-47. - -[1064] _Ib._, 548. - -[1065] _Annals_, 6th Cong., 1st Sess., 558. - -[1066] This, in fact, was the case. - -[1067] _Annals_, 6th Cong., 1st Sess., 565. - -[1068] Marshall to James M. Marshall, Feb. 28, 1800; MS. - -[1069] _Annals_, 6th Cong., 1st Sess., 595-96. - -[1070] Pickering to James Winchester, March 17, 1800; Pickering MSS., -Mass. Hist. Soc. Also Binney, in Dillon, iii, 312. - -[1071] See Moore: _American Eloquence_, ii, 20-23. The speech also -appears in full in _Annals_, 6th Cong., 1st Sess., 596-619; in Benton: -_Abridgment of the Debates of Congress_; in Bee's _Reports_, 266; and in -the Appendix to Wharton: _State Trials_, 443. - -[1072] Pickering to Hamilton, March 10, 1800; Pickering MSS., Mass. -Hist. Soc. - -[1073] _Aurora_, March 10, 1800. - -[1074] _Aurora_, March 14, 1800. - -[1075] Marshall's speech on the Robins case shows some study, but not so -much as the florid encomium of Story indicates. The speeches of Bayard, -Gallatin, Nicholas, and others display evidence of much more research -than that of Marshall, who briefly refers to only two authorities. - -[1076] Story, in Dillon, iii, 357-58. - -[1077] Grigsby, i, 177; Adams: _Gallatin_, 232. - -[1078] _Annals_, 6th Cong., 1st Sess., 619. - -[1079] Jefferson to Madison, March 8, 1800; _Works_: Ford, ix, 121. In -sending the speeches on both sides to his brother, Levin Powell, a -Virginia Federalist Representative, says: "When you get to Marshall's it -will be worth a perusal." (Levin Powell to Major Burr Powell, March 26, -1800; _Branch Historical Papers_, ii, 241.) - -[1080] _Annals_, 6th Cong., 1st Sess., 247-50. - -[1081] _Ib._, 252. - -[1082] _Annals_, 6th Cong., 1st Sess., 253-54. - -[1083] _Ib._ - -[1084] _Annals_, 6th Cong., 1st Sess., 254, 255. - -[1085] Marshall to Dabney, Jan. 20, 1800; MS. Colonel Charles Dabney of -Virginia was commander of "Dabney's Legion" in the Revolution. He was an -ardent Federalist and a close personal and political friend of Marshall. - -[1086] _Annals_, 6th Cong., 1st Sess., 395-96. - -[1087] _Ib._, 191. - -[1088] _Ib._, 247. - -[1089] _Ib._, 126; see law as passed, 1452-71. - -[1090] Sedgwick to King, May 11, 1800; King, iii, 236. - -[1091] The act requiring the Secretary of the Treasury to lay before -Congress at each session a report of financial conditions with his -recommendations. (_Annals_, 6th Cong., 1st Sess., Appendix, 1523.) The -Speaker thought this law important because it "will give splendor to the -officer [Secretary of the Treasury] and respectability to the Executive -Department of the Govt." (Sedgwick to King, _supra_.) Yet the session -passed several very important laws, among them the act accepting the -cession of the Western Reserve (_Annals_, 6th Cong., 1st Sess., -Appendix, 1495-98) and the act prohibiting American citizens "or other -persons residing within the United States" to engage in the slave trade -between foreign countries (_ib._, 1511-14.) - -[1092] Sedgwick to King, May 11, 1800; King, iii, 237. - - - - -CHAPTER XII - -CHIEF JUSTICE OF THE UNITED STATES - - I consider General Marshall as more than a secretary--as a state - conservator. (Oliver Wolcott.) - - To Mr. Jefferson I have felt insuperable objections. The morals of - the author of the letter to Mazzei cannot be pure. (Marshall.) - - You have given an opinion in exact conformity with the wishes of - your party. Come forward and defend it. (George Hay to Marshall.) - - -"The P. requests Mr. McHenry's company for one minute," wrote President -Adams to his Secretary of War on the morning of May 5, 1800.[1093] The -unsuspicious McHenry at once responded. The President mentioned an -unimportant departmental matter; and then, suddenly flying into a rage, -abused his astounded Cabinet adviser in "outrageous"[1094] fashion and -finally demanded his resignation.[1095] The meek McHenry resigned. To -the place thus made vacant, the harried President, without even -consulting him, immediately appointed Marshall, who "as immediately -declined."[1096] Then Adams tendered the office to Dexter, who accepted. - -And resign, too, demanded Adams of his Secretary of State.[1097] The -doughty Pickering refused[1098]--"I did not incline to accept this -insidious favor,"[1099] he reported to Hamilton. Adams dismissed -him.[1100] Again the President turned to Marshall, who, deeply troubled, -considered the offer. The Federalist Cabinet was broken to pieces, and a -presidential election was at hand which would settle the fate of the -first great political party in American history. - -The campaign had already started. The political outlook was dark enough -before the President's outburst; this shattering of his Cabinet was a -wicked tongue of lightning from the threatening clouds which, after the -flash, made them blacker still.[1101] - -Few Presidents have ever faced a more difficult party condition than did -John Adams when, by a humiliating majority of only three votes, he was -elected in 1796. He succeeded Washington; the ruling Federalist -politicians looked to Hamilton as their party chieftain; even Adams's -Cabinet, inherited from Washington, was personally unfriendly to the -President and considered the imperious New York statesman as their -supreme and real commander. "I had all the officers and half the crew -always ready to throw me overboard," accurately declared Adams some -years later.[1102] - -Adams's temperament was the opposite of Washington's, to which the -Federalist leaders had so long been accustomed that the change -exasperated them.[1103] From the very beginning they bound his hands. -The new President had cherished the purpose of calling to his aid the -ablest of the Republicans, but found himself helpless. "When I first -took the Chair," bitterly records Adams, "I was extremely desirous of -availing myself of Mr. Madison's abilities, ... and experience. But the -violent Party Spirit of Hamilton's Friends, jealous of every man who -possessed qualifications to eclipse him, prevented it. I could not do it -without quarreling outright with my Ministers whom Washington's -appointment had made my Masters."[1104] - -On the other hand, the high Federalist politicians, most of whom were -Hamilton's adherents, felt that Adams entertained for their leader -exactly the same sentiments which the President ascribed to them. "The -jealousy which the P.[resident] has felt of H.[amilton] he now indulges -toward P.[inckney], W.[olcott] & to'd _very many of their friends_ who -are suspected of having too much influence in the Community, & of not -knowing how to appreciate his [Adams's] merits.... The Consequence is -that his ears are shut to his best real friends & open to Flatterers, to -Time servers & even to some Jacobins."[1105] - -Adams, the scholar and statesman, but never the politician, was the last -man to harmonize these differences. And Hamilton proved to be as inept -as Adams. - -After the President had dispatched the second mission to France, -Hamilton's followers, including Adams's Cabinet, began intriguing in a -furtive and vicious fashion to replace him with some other Federalist at -the ensuing election. While, therefore, the President, as a personal -matter, was more than justified in dismissing McHenry and Pickering (and -Wolcott also[1106]), he chose a fatal moment for the blow; as a matter -of political strategy he should have struck sooner or not at all. - -At this late hour the great party task and duty of the President was, by -any and every honorable means, to unite all Federalist factions for the -impending battle with the eager, powerful, and disciplined Republicans. -Frank and full conference, tolerance, and conciliation, were the methods -now required. These might not have succeeded, but at least they would -not have irritated still more the ragged edges of party dissension. Not -only did the exasperated President take the opposite course, but his -manner and conduct were acid instead of ointment to the raw and angry -wounds.[1107] - -This, then, was the state of the Federalist Party, the frame of mind of -the President, and the distracted condition of the Cabinet, when -Marshall was asked to become Secretary of State in the late spring of -1800. He was minded to refuse this high station as he had that of -Secretary of War. "I incline to think Mr. Marshall will decline this -office also," wrote McHenry to his brother.[1108] If he accepted, he -would be loyal to the President--his nature made anything else -impossible. But he was the personal friend of all the Federalist -leaders, who, in spite of his disapproval of the Alien and Sedition Laws -and of his dissent from his party's plans in Congress, in spite, even, -of his support of the President's detested second mission to -France,[1109] nevertheless trusted and liked him. - -The President's selection of Marshall had been anticipated by the -Republicans. "General Marshall ... has been nominated to hold the -station of Secretary of War," said the "Aurora," in an article heavy -with abuse of Pickering. "This ... however, is said to be but -preparatory to General Marshall's appointment to succeed Mr. Pickering -who is expected to resign."[1110] - -Strangely enough the news of his elevation to the head of the Cabinet -called forth only gentle criticism from the Republican press. "From what -is said of Mr. Marshall," the "Aurora" thought that he was "as little -likely to conciliate" France as Pickering. He "is well known to have -been the disingenuous writer of all the X. Y. Z. Dispatches," which the -Federalists had "confessed to be one of the best and most successful -political _tricks_ that was ever _played off_.... General Marshall's -fineering and var[ni]shing capacity" was "well known," said the -"Aurora." "General Marshall consequently has been nominated and -appointed.... In genuine federal principles, General Marshall is as -inflexible as Mr. Pickering; but in the negotiation with France, the -General may not have imbibed so strong prejudices--and, having been one -of the Envoys to that Republic, he may be supposed to be more conversant -with some of the points in dispute, than Col. Pickering, and -consequently to be preferred. - -"We find him very well spoken of in the _reformed Gazettes of France_," -continues the "Aurora," "which being now under guardianship[1111] may -be considered as speaking the language of the government--'_Le Bien -Informé_,' after mentioning the motion Gen. M. made in announcing to -Congress the death of Gen. Washington, adds--'This is the gentleman -who some time since came as Envoy from the _United States_; and who so -virtuously and so spiritedly refused to fill the pockets of some of -_our gentry_ with Dutch inscriptions, and millions of livres.'"[1112] - -For nearly two weeks Marshall pondered over the President's offer. The -prospect was not inviting. It was unlikely that he could hold the place -longer than three quarters of a year, for Federalist defeat in the -presidential election was more than probable; and it seemed certain that -the head of the Cabinet would gather political cypress instead of laurel -in this brief and troubled period. Marshall consulted his friends among -the Federalist leaders; and, finally, accepted the proffered portfolio. -Thereupon the "Aurora," quoting Pickering's statement that the office of -Secretary of State "was never better filled than by General Marshall," -hopes that "Gen. Marshall will take care of his _accounts_," which that -Republican paper had falsely charged that Pickering had manipulated -corruptly.[1113] - -Expressing the Republican temper the "Aurora" thus analyzes the new -Federalist Cabinet: "The Secretary of the Treasury [Oliver Wolcott]" was -"scarcely qualified to hold the second desk in a Mercantile -Counting-House"; the Attorney-General [Charles Lee] was "without -talents"; the Secretary of the Navy [Benjamin Stoddert] was "a small -Georgetown politician ... cunning, gossiping, ... of no ... character -or ... principles"; the Secretary of War [Samuel Dexter] was no more fit -for the place than "his MOTHER"; and Marshall, Secretary of State, was -"more distinguished as a _rhetorician_ and a _sophist_ than as a -_lawyer_ and a _statesman_--sufficiently pliant to succeed in a corrupt -court, too insincere to command respect, or confidence in a republic." -However, said the "Aurora," Adams was "able to teach Mr. Marshall 'l'art -diplomatique.'"[1114] - -Some of the Federalist leaders were not yet convinced, it appears, of -Marshall's party orthodoxy. Pinckney reassures them. Writing from -Virginia, he informs McHenry that "Marshall with reluctance accepts, but -you may rely on his federalism, & be certain that he will not unite with -Jefferson & the Jacobins."[1115] Two months later even the Guy Fawkes of -the Adams Cabinet declares himself more than satisfied: "If the -gentlemen now in office [Marshall and Dexter] had declined," declares -Wolcott, "rage, vexation & despair would probably have occasioned the -most extravagant conduct[1116] [on the part of the President]." After -Marshall had been at the head of the Cabinet for four months, Cabot -writes that "Mr. Wolcott thinks Mr. Marshall accepted the secretaryship -from good motives, and with a view of preserving union, and that he and -Dexter, by _accepting_, have rendered the nation great service; for, if -they had refused, we should have had--_Heaven alone knows whom!_ He -thinks, however, as all must, that under the present chief they will be -disappointed in their hopes, and that if Jefferson is President they -will probably resign."[1117] - -In view of "the temper of his [Adams's] mind," which, asserts the -unfaithful Wolcott, was "revolutionary, violent, and vindictive, ... -their [Marshall's and Dexter's] acceptance of their offices is the best -evidence of their patriotism.... I consider Gen. Marshall and Mr. Dexter -as more than secretaries--as state conservators--the value of whose -services ought to be estimated, not only by the good they do, but by the -mischief they have prevented. If I am not mistaken, however, Gen. -Marshall will find himself out of his proper element."[1118] - -No sooner was Marshall in the Secretary's chair than the President -hastened to his Massachusetts home and his afflicted wife. Adams's part -in directing the Government was done by correspondence.[1119] Marshall -took up his duties with his characteristically serious, yet nonchalant, -patience. - -The National Capital had now been removed to Washington; and here, -during the long, hot summer of 1800, Marshall remained amidst the -steaming swamps and forests where the "Federal City" was yet to be -built.[1120] Not till October did he leave his post, and then but -briefly and on urgent private business.[1121] - -The work of the State Department during this period was not onerous. -Marshall's chief occupation at the Capital, it would appear, was to act -as the practical head of the Government; and even his political enemies -admitted that he did this well. Jefferson's most partial biographer says -that "under the firm and steady lead [of Marshall and Dexter] ... the -Government soon acquired an order, system, and character which it never -had before possessed."[1122] Still, enough routine business came to his -desk to give the new Secretary of State something to do in his own -department. - -Office-seeking, which had so annoyed Washington, still vexed Adams, -although but few of these hornets' nests remained for him to deal with. -"Your knowledge of persons, characters, and circumstances," wrote the -President to Marshall concerning the applications for the office of -United States Marshal for Maryland, "are so much better than mine, and -my confidence in your judgment and impartiality so entire, that I pray -you ... give the commission to him whom you may prefer."[1123] Adams -favored the son of Judge Chase; but, on the advice of Stoddert of -Maryland, who was Secretary of the Navy, Marshall decided against him: -"Mr. Chase is a young man who has not yet acquired the public confidence -and to appoint him in preference to others who are generally known and -esteem'd, might be deem'd a mere act of favor to his Father. Mr. -Stoddert supposes it ineligible to accumulate, without superior -pretensions, offices in the same family." - -Marshall generally trimmed his sails, however, to the winds of -presidential preference. He undoubtedly influenced the Cabinet, in -harmony with the President's wish, to concur in the pardon of Isaac -Williams, convicted, under the Jay Treaty, of waging war on the high -seas against Great Britain. Williams, though sailing under a French -commission, was a pirate, and accumulated much wealth from his -indiscriminate buccaneering.[1125] But the President wrote Marshall that -because of "the man's generosity to American prisoners," and "his -present poverty and great distress," he desired to pardon -Williams.[1126] - -Marshall informed the President that "repeated complaints are made to -this department of the depredations committed by the Spaniards on the -American commerce."[1127] The French outrages were continuing; indeed, -our naval war with France had been going on for months and Spain was -aiding the French. An American vessel, the Rebecca Henry, had been -captured by a French privateer. Two Yankee sailors killed the French -prize master in recapturing the vessel, which was taken again by another -French sea rover and conveyed into a Spanish port. The daring Americans -were imprisoned and threatened with death. Marshall thought "proper to -remonstrate and to threaten retaliation if the prisoners should be -executed."[1128] - -The French ship Sandwich was captured by Captain Talbot, an American -officer, in a Spanish port which Spain had agreed to transfer to France. -Marshall considered this a violation of our treaty with Spain. "I have -therefore directed the Sandwich to be given up to the minister of his -Catholic Majesty,"[1129] he advised the President. The Spanish Minister -thanked Marshall for his "justice" and "punctuality."[1130] - -But Talbot would not yield his prize; the United States Marshal -declined to act. Marshall took "measures[1131] which will," he reported -to the President, "I presume occasion the delivery of this vessel, -unless ... the government has no right to interpose, so far as captors -are interested." Talbot's attitude perplexed Marshall; for, wrote he, -"if the Executive of the United States cannot restore a vessel captured -by a national ship, in violation of the law of nations, ... cause for -war may be given by those who, of all others, are, perhaps, most apt to -give it, and that department of the government, under whose orders they -are plac'd will be unable to correct the mischief."[1132] - -That picturesque adventurer, Bowles, whose plots and activities among -the Indians had been a thorn to the National Government since the early -part of Washington's Administration,[1133] again became annoying. He was -stirring up the Indians against the Spanish possessions in Florida and -repeated his claim of having the support of Great Britain. The Spaniards -eagerly seized on this as another pretext for annoying the American -Government. Measures were taken to break Bowles's influence with the -Indians and to suppress the adventurer's party.[1134] - -But, although the President was of the opinion that "the military -forces ... should join [the Spaniards] in an expedition against -Bowles,"[1135] Marshall did not think "that the Spaniards require any -military aid; nor," continues he, "do I suppose they would be willing to -receive it.... American troops in either of the Floridas wou'd excite -very much their jealousy, especially when no specific requisition for -them has been made, and when their own force is entirely competent to -the object."[1136] - -Liston, the British Minister, assured Marshall that the British -Government had no connection with Bowles.[1137] But, irritated by gossip -and newspaper stories, he offensively demanded that Marshall "meet these -insidious calumnies by a flat and formal contradiction."[1138] Without -waiting for the President's approval, Marshall quickly retorted:[1139] -the "suspicions ... were not entirely unsupported by appearances." -Newspaper "charges and surmises ... are always causes of infinite -regret" to the Government "and wou'd be prevented if the means of -prevention existed." But, said Marshall, the British Government itself -was not blameless in that respect; "without going far back you may find -examples in your own of the impunity with which a foreign friendly -nation [America] may be grossly libel'd." As to the people's hostility -to Great Britain, he tartly reminded the British Minister that "in -examining the practice of your officers employ'd in the business of -impressment, and of your courts of Vice Admiralty, you will perceive at -least some of the causes, by which this temper may have been -produc'd."[1140] - -Sweden and Denmark proposed to maintain, jointly with the United States, -a naval force in the Mediterranean to protect their mutual commerce from -the Barbary Powers. Marshall declined because of our treaties with those -piratical Governments; and also because, "until ... actual hostilities -shall cease between" France and America, "to station American frigates -in the Mediterranean would be a hazard, to which our infant Navy ought -not perhaps to be exposed."[1141] - -Incidents amusing, pathetic, and absurd arose, such as announcements of -the birth of princes, to which the Secretary of State must prepare -answers;[1142] the stranding of foreign sailors on our shores, whose -plight we must relieve;[1143] the purchase of jewels for the Bey of -Tunis, who was clamoring for the glittering bribes.[1144] - -In such fashion went on the daily routine work of his department while -Marshall was at the head of the Cabinet. - -The only grave matters requiring Marshall's attention were the -perplexing tangle of the British debts and the associated questions of -British impressment of American seamen and interference with American -commerce. - -Under the sixth article of the Jay Treaty a joint commission of five -members had been appointed to determine the debts due British subjects. -Two of the Commissioners were British, two Americans, and the fifth -chosen by lot. Chance made this deciding member British also. This -Commission, sitting at Philadelphia, failed to agree. The treaty -provided, as we have seen, that the United States should pay such -British debts existing at the outbreak of the Revolutionary War as the -creditors were not able to collect because of the sequestration laws and -other "legal impediments," or because, during the operation of these -statutes, the debtor had become insolvent. - -Having a majority of the Commission, the British members made rules -which threw the doors wide open.[1145] "They go the length to make the -United States at once the debtor for all the _outstanding_ debts of -British subjects contracted before the peace of 1783.... The amount of -the claims presented exceeds nineteen millions of dollars."[1146] And -this was done by the British representatives with overbearing personal -insolence. Aside from the injustice of the British contention, this -bullying of the American members[1147] made the work of the Commission -all but impossible. - -A righteous popular indignation arose. "The construction put upon the -Treaty by the British Commissioners ... will never be submitted to by -this country.... The [British] demand ... excites much ill blood."[1148] -The American Commissioners refused to attend further sittings of the -Board. Thereupon, the British Government withdrew its members of the -associate Commission sitting in London, under the seventh article of the -treaty, to pass upon claims of American citizens for property destroyed -by the British. - -The situation was acute. It was made still sharper by the appointment of -our second mission to France. For, just as France had regarded Jay's -mission and treaty as offensive, so now Great Britain looked upon the -Ellsworth mission as unfriendly. As a way out of the difficulty, the -American Government insisted upon articles explanatory of the sixth -article of the Jay Treaty which would define exactly what claims the -Commission should consider.[1149] The British Government refused and -suggested a new commission.[1150] - -This was the condition that faced Marshall when he became Secretary of -State. War with Great Britain was in the air from other causes and the -rupture of the two Commissions made the atmosphere thicker. On June 24, -1800, Marshall wrote the President that we ought "still to press an -amicable explanation of the sixth article of our treaty"; perhaps during -the summer or autumn the British Cabinet might feel "more favorable to -an accommodation." But he "cannot help fearing that ... the British -Ministry" intends "to put such a construction on the law of nations ... -as to throw into their hands some equivalent to the probable claims of -British creditors on the United States."[1151] - -Lord Grenville then suggested to Rufus King, our Minister at London, -that the United States pay a gross sum to Great Britain in settlement of -the whole controversy.[1152] Marshall wondered whether this simple way -out of the tangle could "afford just cause of discontent to -France?"[1153] Adams thought not. "We surely have a right to pay our -honest debts in the manner least inconvenient to ourselves and no -foreign power has anything to do with it," said the President. Adams, -however, foresaw many other difficulties;[1154] but Marshall concluded -that, on the whole, a gross payment was the best solution in case the -British Government could not be induced to agree to explanatory -articles.[1155] - -Thereupon Marshall wrote his memorable instructions to our Minister to -Great Britain. In this, as in his letters to Talleyrand two years -earlier, and in the notable one on British impressment, contraband, and -freedom of the seas,[1156] he shows himself an American in a manner -unusual at that period. Not the least partiality does he display for any -foreign country; he treats them with exact equality and demands from all -that they shall deal with the American Government as a _Nation_, -independent of and unconnected with any of them.[1157] - -The United States, writes Marshall, "can never submit to" the -resolutions adopted by the British Commissioners, which put "new and -injurious burthens" upon the United States "unwarranted by compact," and -to which, if they had been stated in the treaty, "this Government never -could and never would have assented." Unless the two Governments can -"forget the past," arbitration cannot be successful; it is idle to -discuss who committed the first fault, he says, when two nations are -trying to adjust their differences. - -The American Commissioners, declares Marshall, withdrew from the Board -because the hostile majority established rules under which "a vast mass -of cases never submitted to their consideration" could and would be -brought in against American citizens. The proceedings of the British -Commissioners were not only "totally unauthorized," but "were conducted -in terms and in a spirit only calculated to destroy all harmony between -the two nations." - -The cases which the Board could consider were distinctly and -specifically stated in the fifth article of the treaty. Let the two -Governments agree to an explanation, instead of leaving the matter to -wrangling commissioners. But, if Minister King finds that the British -Government will not agree to explanatory articles, he is authorized to -substitute "a gross sum in full compensation of all claims made or to be -made on this Government." - -It would, of course, be difficult to agree upon the amount. "The -extravagant claims which the British creditors have been induced to -file," among which "are cases ... so notoriously unfounded that no -commissioners retaining the slightest degree of self-respect can -establish them; ... others where the debt has been fairly and -voluntarily compromised by agreement between creditor and debtor"; -others "where the money has been paid in specie, and receipts in full -given"; and still others even worse, all composing that "enormous mass -of imagined debt," will, says Marshall, make it hard to agree on a -stated amount.[1158] - -The British creditors, he asserts, had been and then were proceeding to -collect their debts through the American courts, and "had they not been -seduced into the opinion that the trouble and expense inseparable from -the pursuit of the old debts, might be avoided by one general resort to -the United States, it is believed they would have been still more -rapidly proceeding in the collection of the very claims, so far as they -are just, which have been filed with the commissioners. They meet with -no objection, either of law or fact, which are not common to every -description of creditors, in every country.... Our judges are even -liberal in their construction of the 4th article of the treaty of peace" -and have shown "no sort of partiality for the debtors." - -Marshall urges this point with great vigor, and concludes that, if a -gross amount can be agreed upon, the American Minister must see to it, -of course, that this sum is made as small as possible, not "to exceed -one million sterling" in any event.[1159] In a private letter, Marshall -informs King that "the best opinion here is that not more than two -million Dollars could justly be chargeable to the United States under -the treaty."[1160] - -Adams was elated by Marshall's letter. "I know not," he wrote, "how the -subject could have been better digested."[1161] - -Almost from the exchange of ratifications of the Jay compact, -impressment of American seamen by the British and their taking from -American ships, as contraband, merchandise which, under the treaty, was -exempt from seizure, had injured American commerce and increasingly -irritated the American people.[1162] The brutality with which the -British practiced these depredations had heated still more American -resentment, already greatly inflamed.[1163] - -In June, 1799, Marshall's predecessor had instructed King "to -persevere ... in denying the right of British Men of War to take from -our Ships of War any men whatever, and from our merchant vessels any -Americans, or foreigners, or even Englishmen."[1164] But the British had -disregarded the American Minister's protests and these had now been -entirely silenced by the break-up of the British Debts Commissions. - -Nevertheless, Marshall directed our Minister at the Court of St. James -to renew the negotiations. In a state paper which, in ability, dignity, -and eloquence, suggests his famous Jonathan Robins speech and equals his -memorial to Talleyrand, he examines the vital subjects of impressment, -contraband, and the rights of neutral commerce. - -It was a difficult situation that confronted the American Secretary of -State. He had to meet and if possible modify the offensive, determined, -and wholly unjust British position by a statement of principles based on -fundamental right; and by an assertion of America's just place in the -world. - -The spirit of Marshall's protest to the British Government is that -America is an independent nation, a separate and distinct political -entity, with equal rights, power, and dignity with all other -nations[1165]--a conception then in its weak infancy even in America -and, apparently, not entertained by Great Britain or France. These -Powers seemed to regard America, not as a sovereign nation, but as a -sort of subordinate state, to be used as they saw fit for their plans -and purposes. - -But, asserts Marshall, "the United States do not hold themselves in any -degree responsible to France or to Britain for their negotiations with -the one or the other of these Powers, but are ready to make amicable and -reasonable explanations with either.... An exact neutrality ... between -the belligerent Powers" is the "object of the American Government.... -Separated far from Europe, we mean not to mingle in their quarrels.... -We have avoided and we shall continue to avoid any ... connections not -compatible with the neutrality we profess.... The aggressions, sometimes -of one and sometimes of another belligerent power have forced us to -contemplate and prepare for war as a probable event.... But this is a -situation of necessity, not of choice." France had compelled us to -resort to force against her, but in doing so "our preference for peace -was manifest"; and now that France makes friendly advances, "America -meets those overtures, and, in doing so, only adheres to her pacific -system." - -Marshall lays down those principles of international conduct which have -become the traditional American policy. Reviewing our course during the -war between France and Great Britain, he says: "When the combination -against France was most formidable, when, if ever, it was dangerous to -acknowledge her new Government" and maintain friendly relations with the -new Republic, "the American Government openly declared its determination -to adhere to that state of impartial neutrality which it has ever since -sought to maintain; nor did the clouds which, for a time, lowered over -the fortunes of the [French] Republic, in any degree shake this -resolution. When victory changed sides and France, in turn, threatened -those who did not arrange themselves under her banners, America, -pursuing with undeviating step the same steady course," nevertheless -made a treaty with Great Britain; "nor could either threats or artifices -prevent its ratification." - -"At no period of the war," Marshall reminds the British Government, "has -France occupied such elevated ground as at the very point of time when -America armed to resist her: triumphant and victorious everywhere, she -had dictated a peace to her enemies on the continent and had refused one -to Britain." On the other hand, "in the reverse of her fortune, when -defeated both in Italy and on the Rhine, in danger of losing Holland, -before the victory of Massena had changed the face of the last campaign, -and before Russia had receded from the coalition against her, the -present negotiation [between America and France] was resolved on. During -this pendency," says Marshall, "the state of the war has changed, but -the conduct of the United States" has not. - -"Our terms remain the same: we still pursue peace. We still embrace it, -if it can be obtained without violating our national honor or our -national faith; but we will reject without hesitation all propositions -which may compromit the one or the other." - -All this, he declares, "shows how steadily it [the American Government] -pursues its system [Neutrality and peace] without regarding the dangers -from the one side or the other, to which the pursuit may be exposed. The -present negotiation with France is a part of this system, and ought, -therefore, to excite in Great Britain no feelings unfriendly to the -United States." - -Marshall then takes up the British position as to contraband of war. He -declares that even under the law of nations, "neutrals have a right to -carry on their usual commerce; belligerents have a right to prevent them -from supplying the enemy with instruments of war." But the eighteenth -article of the treaty itself covered the matter in express terms, and -specifically enumerated certain things as contraband and also "generally -whatever may serve _directly_ to the equipment of vessels." Yet Great -Britain had ruthlessly seized and condemned American vessels regardless -of the treaty--had actually plundered American ships of farming material -upon the pretense that these articles might, by some remote possibility, -be used "to equip vessels." The British contention erased the word -"_directly_"[1166] from the express terms of the treaty. "This -construction we deem alike unfriendly and unjust," he says. Such -"garbling a compact ... is to substitute another agreement for that of -the parties...." - -"It would swell the list of contraband to" suit British convenience, -contrary to "the laws and usages of nations.... It would prohibit ... -articles ... necessary for the ordinary occupations of men in peace" and -require "a surrender, on the part of the United States, of rights in -themselves unquestionable, and the exercise of which is essential to -themselves.... A construction so absurd and so odious ought to be -rejected."[1167] - -Articles, "even if contraband," should not be confiscated, insists -Marshall, except when "they are attempted to be carried to an enemy." -For instance, "vessels bound to New Orleans and laden with cargoes -proper for the ordinary use of the citizens of the United States who -inhabit the Mississippi and its waters ... cannot be justly said to -carry those cargoes to an enemy.... Such a cargo is not a just object of -confiscation, although a part of it should also be deemed proper for the -equipment of vessels, because it is not attempted to be carried to an -enemy." - -On the subject of blockade, Marshall questions whether "the right to -confiscate vessels bound to a blockaded port ... can be applied to a -place not completely invested by land as well as by sea." But waiving -"this departure from principle," the American complaint "is that ports -not effectually blockaded by a force capable of completely investing -them, have yet been declared in a state of blockage, and vessels -attempting to enter therein have been seized, and, on that account, -confiscated." This "vexation ... may be carried, if not resisted, to a -very injurious extent." - -If neutrals submit to it, "then every port of the belligerent powers may -at all times be declared in that [blockaded] state and the commerce of -neutrals be thereby subjected to universal capture." But if complete -blockage be required, then "the capacity to blockade will be limited by -the naval force of the belligerent, and, of consequence, the mischief to -neutral commerce can not be very extensive. It is therefore of the last -importance to neutrals that this principle be maintained unimpaired." - -The British Courts of Vice-Admiralty, says Marshall, render "unjust -decisions" in the case of captures. "The temptation which a rich neutral -commerce offers to unprincipled avarice, at all times powerful, becomes -irresistible unless strong and efficient restraints be imposed by the -Government which employs it." If such restraints are not imposed, the -belligerent Government thereby "causes the injuries it tolerates." Just -this, says Marshall, is the case with the British Government. - -For "the most effectual restraint is an impartial judiciary, which will -decide impartially between the parties and uniformly condemn the captor -in costs and damages, where the seizure has been made without probable -cause." If this is not done, "indiscriminate captures will be made." If -an "unjust judge" condemns the captured vessel, the profit is the -captor's; if the vessel is discharged, the loss falls upon the owner. -Yet this has been and still is the indefensible course pursued against -American commerce. - -"The British Courts of Vice Admiralty, whatever may be the case, seldom -acquit and when they do, costs and damages for detention are never -awarded." Marshall demands that the British Government shall "infuse a -spirit of justice and respect for law into the Courts of Vice -Admiralty"--this alone, he insists, can check "their excessive and -irritating vexations.... This spirit can only be infused by uniformly -discountenancing and punishing those who tarnish alike the seat of -justice and the honor of their country, by converting themselves from -judges into mere instruments of plunder." And Marshall broadly intimates -that these courts are corrupt. - -As to British impressment, "no right has been asserted to impress" -Americans; "yet they are impressed, they are dragged on board British -ships of war with the evidence of citizenship in their hands, and forced -by violence there to serve until conclusive testimonials of their birth -can be obtained." He demands that the British Government stop this -lawless, violent practice "by punishing and frowning upon those who -perpetrate it. The mere release of the injured, after a long course of -service and of suffering, is no compensation for the past and no -security for the future.... The United States therefore require -positively that their seamen ... be exempt from impressments." Even -"alien seamen, not British subjects, engaged in our merchant service -ought to be equally exempt with citizens from impressments.... Britain -has no pretext of right to their persons or to their service. To tear -them, then, from our possession is, at the same time, an insult and an -injury. It is an act of violence for which there exists no palliative." - -Suppose, says Marshall, that America should do the things Great Britain -was doing? "Should we impress from the merchant service of Britain not -only Americans but foreigners, and even British subjects, how long would -such a course of injury, unredressed, be permitted to pass unrevenged? -How long would the [British] Government be content with unsuccessful -remonstrance and unavailing memorials?" - -Or, were America to retaliate by inducing British sailors to enter the -more attractive American service, as America might lawfully do, how -would Great Britain look upon it? Therefore, concludes Marshall, "is it -not more advisable to desist from, and to take effectual measures to -prevent an acknowledged wrong, than be perseverant in that wrong, to -excite against themselves the well founded resentment of America, and to -force our Government into measures which may possibly terminate in an -open rupture?"[1168] - -Thus boldly and in justifiably harsh language did Marshall assert -American rights as against British violation of them, just as he had -similarly upheld those rights against French assault. Although France -desisted from her lawless practices after Adams's second mission -negotiated with Bonaparte an adjustment of our grievances,[1169] Great -Britain persisted in the ruthless conduct which Marshall and his -successors denounced until, twelve years later, America was driven to -armed resistance. - -Working patiently in his stuffy office amidst the Potomac miasma and -mosquitoes during the sweltering months, it was Marshall's unhappy fate -to behold the beginning of the break-up of that great party which had -built our ship of state, set it upon the waters, navigated it for twelve -tempestuous years, through the storms of domestic trouble and foreign -danger.[1170] He was powerless to stay the Federalist disintegration. -Even in his home district Marshall's personal strength had turned to -water, and at the election of his successor in Congress, his party was -utterly crushed. "Mr. Mayo, who was proposed to succeed Gen. Marshall, -lost his election by an immense majority," writes the alert Wolcott; -"was grossly insulted in public by a brother-in-law of the late Senator -Taylor, and was afterwards wounded by him in a duel. This is a specimen -of the political influence of the Secretary of State in his own -district."[1171] - -Marshall himself was extremely depressed. "Ill news from Virginia," he -writes Otis. "To succeed me has been elected by an immense majority one -of the most decided democrats[1172] in the union." Upon the political -horizon Marshall beheld only storm and blackness: "In Jersey, too, I am -afraid things are going badly. In Maryland the full force of parties -will be tried but the issue I should feel confident would be right if -there did not appear to be a current setting against us of which the -force is incalculable. There is a tide in the affairs of nations, of -parties, and of individuals. I fear that of real Americanism is on the -ebb."[1173] Never, perhaps, in the history of political parties was -calm, dispassionate judgment and steady courage needed more than they -were now required to avert Federalist defeat. - -Yet in all the States revenge, apprehension, and despair blinded the -eyes and deranged the councils of the supreme Federalist managers.[1174] -The voters in the party were confused and angered by the dissensions of -those to whom they looked for guidance.[1175] The leaders agreed that -Jefferson was the bearer of the flag of "anarchy and sedition," captain -of the hordes of "lawlessness," and, above all, the remorseless -antagonist of Nationalism. What should be done "by the friends of order -and true liberty to keep the [presidential] chair from being occupied by -an enemy [Jefferson] of both?" was the question which the distressed -Federalist politicians asked one another.[1176] - -In May, Hamilton thought that "to support _Adams_ and _Pinckney_ equally -is the only thing that can save us from the fangs of _Jefferson_."[1177] -Yet, six days later, Hamilton wrote that "_most_ of the most -_influential men_ of that [Federalist] party consider him [Adams] as a -very _unfit_ and _incapable_ character.... My mind is made up. I will -never more be responsible for him by any direct support, even though the -consequence should be the election of _Jefferson_.... If the cause is to -be sacrificed to a weak and perverse man, I withdraw from the -party."[1178] - -As the summer wore on, so acrimonious grew the feeling of Hamilton's -supporters toward the President that they seriously considered whether -his reëlection would not be as great a misfortune as the success of the -Republican Party.[1179] Although the Federalist caucus had agreed to -support Adams and Pinckney equally as the party's candidates for -President,[1180] yet the Hamiltonian faction decided to place Pinckney -in the presidential chair.[1181] - -But, blindly as they groped, their failing vision was still clear enough -to discern that the small local leaders in New England, which was the -strong Federalist section of the country, were for Adams;[1182] and that -everywhere the party's rank and file, though irritated and perplexed, -were standing by the President. His real statesmanship had made an -impression on the masses of his party: Dayton declared that Adams was -"the most popular man in the United States."[1183] Knox assured the -President that "the great body of the federal sentiment confide -implicitly in your knowledge and virtue.... They will ... cling to you -in preference to all others."[1184] - -Some urged Adams to overthrow the Hamiltonian cabal which opposed him. -"Cunning half Jacobins assure the President that he can combine the -virtuous and moderate men of both parties, and that all our difficulties -are owing to an oligarchy which it is in his power to crush, and thus -acquire the general support of the nation,"[1185] testifies Wolcott. - -The President heeded this mad counsel. Hamilton and his crew were not -the party, said Adams; they were only a faction and a "British faction" -at that.[1186] He would "rip it up."[1187] The justly angered -President, it appears, thought of founding a new party, an American -Party, "a constitutionalist party."[1188] It was said that the astute -Jefferson so played upon him that Adams came to think the engaging but -crafty Virginian aspired only to be and to be known as the first -lieutenant of the Massachusetts statesman.[1189] Adams concluded that he -could make up any Federalist loss at the polls by courting the -Republicans, whose "friendship," wrote Ames, "he seeks for -himself."[1190] - -But the Republicans had almost recovered from the effect of the X. Y. Z. -disclosures. "The _rabies canina_ of Jacobinism has gradually spread ... -from the cities, where it was confined to docks and mob, to the -country,"[1191] was the tidings of woe that Ames sent to Gore. The -Hamiltonian leaders despaired of the continuance of the Government and -saw "a convulsion of revolution" as the result of "excessive -democracy."[1192] The union of all Federalist votes was "the only -measure by which the government can be preserved."[1193] But Federalist -union! As well ask shattered glass to remould itself! - -The harmonious and disciplined Republicans were superbly led. Jefferson -combined their battle-cries of the last two years into one mighty -appeal--simple, affirmative, popular. Peace, economy, "freedom of the -press, freedom of religion, trial by jury, ... no standing armies," were -the issues he announced, together with the supreme issue of all, States' -Rights. Upon this latter doctrine Jefferson planted all the Republican -guns and directed their fire on "centralization" which, said he, would -"monarchise" our Government and make it "the most corrupt on earth," -with increased "stock-jobbing, speculating, plundering, office-holding, -and office-hunting."[1194] - -The Federalists could reply but feebly. The tax-gatherer's fingers were -in every man's pockets; and Adams had pardoned the men who had resisted -the collectors of tribute. The increased revenue was required for the -army and navy, which, thought the people, were worse than needless[1195] -if there were to be no war and the President's second mission made -hostilities improbable (they had forgotten that this very preparation -had been the principal means of changing the haughty attitude of -France). The Alien and Sedition Laws had infuriated the "foreign" -voters[1196] and alarmed thousands of American-born citizens. Even that -potent bribe of free institutions, the expectation of office, could no -longer be employed effectively with the party workers, who, testifies -Ebenezer Huntington, were going over "to Jefferson in hopes to partake -of the loaves and fishes, which are to be distributed by the new -President."[1197] - -The Federalist leaders did nothing, therefore, but write letters to one -another denouncing the "Jacobins" and prophesying "anarchy." "Behold -France--what is theory here is fact there."[1198] Even the tractable -McHenry was disgusted with his stronger associates. "Their conduct," -said he, "is tremulous, timid, feeble, deceptive & cowardly. They write -private letters. To whom? To each other. But they do nothing.... If the -party recover its pristine energy & splendor, shall I ascribe it to such -cunning, paltry, indecisive, backdoor conduct?"[1199] - -What had become of the French mission?[1200] Would to God it might fail! -That outcome might yet save the Federalist fortunes. "If Mr. Marshall -has any [news of the second French mission] beg him to let it out," -implored Chauncey Goodrich.[1201] But Marshall had none for public -inspection. The envoys' dispatches of May 17,[1202] which had reached -him nearly seven weeks afterward, were perplexing. Indeed, Marshall was -"much inclined to think that ... the French government may be inclined -to protract it [the negotiation] in the expectation that events in -America[1203] may place them on higher ground than that which they now -occupy."[1204] To Hamilton, he cautiously wrote that the dispatches -contained nothing "on which a positive opinion respecting the result of -that negotiation can be formed."[1205] - -But he told the President that he feared "the impression which will -probably be made by the New York Election,"[1206] and that European -military developments might defeat the mission's purpose. He advised -Adams to consider what then should be done. Should "hostilities against -France with the exception of their West India privateers ... be -continued if on their part a change of conduct shall be -manifest?"[1207] Adams was so perturbed that he asked Marshall whether, -in case the envoys returned without a treaty, Congress ought not to be -asked to declare war, which already it had done in effect. For, said -Adams, "the public mind cannot be held in a state of suspense; public -opinion must be always a decided one whether right or not."[1208] - -Marshall counseled patience and moderation. Indeed, he finally informed -Adams that he hoped for an adjustment: "I am greatly disposed to think," -he advised the President, "that the present [French] government is much -inclined to correct, at least in part, the follies of the past. Of -these, none were perhaps more conspicuous or more injurious to the -french nation, than their haughty and hostile conduct to neutrals. -Considerable retrograde steps in this respect have already been taken, -and I expect the same course will be continued." If so, "there will -exist no cause for war, but to obtain compensation for past injuries"; -and this, Marshall is persuaded, is not "a sufficient motive" for -war.[1209] - -To others, however, Marshall was apprehensive: "It is probable that -their [the French] late victories and the hope which many of our papers -[Republican] are well calculated to inspire, that America is disposed -once more to crouch at her [France's] feet may render ineffectual our -endeavors to obtain peace."[1210] - -But the second American mission to France had dealt with Bonaparte -himself, who was now First Consul. The man on horseback had arrived, as -Marshall had foreseen; a statesman as well as a soldier was now the -supreme power in France. Also, as we have seen, the American Government -had provided for an army and was building a navy which, indeed, was even -then attacking and defeating French ships. "America in arms was treated -with some respect," as Marshall expresses it.[1211] At any rate, the -American envoys did not have to overcome the obstacles that lay in the -way two years earlier and the negotiations began without difficulty and -proceeded without friction. - -Finally a treaty was made and copies sent to Marshall, October 4, -1800.[1212] The Republicans were rejoiced; the Federalist politicians -chagrined.[1213] Hamilton felt that in "the general politics of the -world" it "is a make-weight in the wrong scale," but he favored its -ratification because "the contrary ... would ... utterly ruin the -federal party," and "moreover it is better to close the thing where it -is than to leave it to a Jacobin to do much worse."[1214] - -Marshall also advised ratification, although he was "far, very far, from -approving"[1215] the treaty. The Federalists in the Senate, however, -were resolved not to ratify it; they were willing to approve only with -impossible amendments. They could not learn the President's opinion of -this course; as to that, even Marshall was in the dark. "The Secretary -of State knows as little of the intentions of the President as any other -person connected with the government."[1216] Finally the Senate rejected -the convention; but it was so "extremely popular," said the Republicans, -that the Federalist Senators were "frightened" to "recant."[1217] They -reversed their action and approved the compact. The strongest influence -to change their attitude, however, was not the popularity of the treaty, -but the pressure of the mercantile interests which wanted the -business-destroying conflict settled.[1218] - -The Hamiltonian group daily became more wrathful with the President. In -addition to what they considered his mistakes of policy and party -blunders, Adams's charge that they were a "British faction" angered them -more and more as the circulation of it spread and the public credited -it. Even "General M[arshall] said that the hardest thing for the -Federalists to bear was the charge of British influence."[1219] That was -just what the "Jacobins" had been saying all along.[1220] "If this -cannot be counteracted, our characters are the sacrifice," wrote -Hamilton in anger and despair.[1221] Adams's adherents were quite as -vengeful against his party enemies. The rank and file of the Federalists -were more and more disgusted with the quarrels of the party leaders. "I -cannot describe ... how broken and scattered your federal friends are!" -lamented Troup. "We have no rallying-point; and no mortal can divine -where and when we shall again collect our strength.... Shadows, clouds, -and darkness rest on our future prospects."[1222] The "Aurora" -chronicles that "the disorganized state of the anti-Republican -[Federalist] party ... is scarcely describable."[1223] - -Marshall, alone, was trusted by all; a faith which deepened, as we shall -see, during the perplexing months that follow. He strove for Federalist -union, but without avail. Even the most savage of the President's party -enemies felt that "there is not a man in the U. S. of better intentions -[than Marshall] and he has the confidence of all good men--no man -regrets more than he does the disunion which has taken place and no one -would do more to heal the wounds inflicted by it. In a letter ... he -says 'by union we can securely maintain our ground--without it we must -sink & with us all sound correct American principle.' His efforts -will ... prove ineffectual."[1224] - -It seems certain, then, that Hamilton did not consult the one strong man -in his party who kept his head in this hour of anger-induced madness. -Yet, if ever any man needed the advice of a cool, far-seeing mind, -lighted by a sincere and friendly heart, Hamilton required it then. And -Marshall could and would have given it. But the New York Federalist -chieftain conferred only with those who were as blinded by hate as he -was himself. At last, in the midst of an absurd and pathetic confusion -of counsels,[1225] Hamilton decided to attack the President, and, in -October, wrote his fateful and fatal tirade against Adams.[1226] It was -an extravaganza of party folly. It denounced Adams's "extreme egotism," -"terrible jealousy," "eccentric tendencies," "violent rage"; and -questioned "the solidity of his understanding." Hamilton's screed went -back to the Revolution to discover faults in the President. Every act of -his Administration was arraigned as a foolish or wicked mistake. - -This stupid pamphlet was not to be made public, but to be circulated -privately among the Federalist leaders in the various States. The -watchful Burr secured a copy[1227] and published broadcast its bitterest -passages. The Republican politicians shook with laughter; the Republican -masses roared with glee.[1228] The rank and file of the Federalists were -dazed, stunned, angered; the party leaders were in despair. Thus -exposed, Hamilton made public his whole pamphlet. Although its purpose -was to further the plan to secure for Pinckney more votes than would be -given Adams, it ended with the apparent advice to support both. Absurd -conclusion! There might be intellects profound enough to understand why -it was necessary to show that Adams was not fit to be President and yet -that he should be voted for; but the mind of the average citizen could -not fathom such ratiocination. Hamilton's influence was irreparably -impaired.[1229] The "Washington Federalist" denounced his attack as -"the production of a disappointed man" and declared that Adams was "much -his superior as a statesman."[1230] - -The campaign was a havoc of virulence. The Federalists' hatred for one -another increased their fury toward the compact Republicans, who -assailed their quarreling foes with a savage and unrestrained ferocity. -The newspapers, whose excesses had whipped even the placid Franklin into -a rage a few years before, now became geysers spouting slander, -vituperation, and unsavory[1231] insinuations. "The venal, servile, -base and stupid"[1232] "newspapers are an overmatch for any government," -cried Ames. "They will first overawe and then usurp it."[1233] And Noah -Webster felt that "no government can be durable ... under the -licentiousness of the press that now disgraces our country."[1234] -Discordant Federalists and harmonious Republicans resorted to shameful -methods.[1235] "Never ... was there such an Election in America."[1236] - -As autumn was painting the New England trees, Adams, still tarrying at -his Massachusetts home, wrote Marshall to give his "sentiments as soon -as possible in writing" as to what the President should say to Congress -when it met December 3.[1237] Three days later, when his first request -was not yet halfway to Washington, Adams, apparently forgetful of his -first letter, again urged Marshall to advise him as President in regard -to his forthcoming farewell address to the National Legislature.[1238] - -[Illustration: _Statue of John Marshall_ -_By W. W. Story, at the Capitol, Washington, D. C._] - -Marshall not only favored the President with his "sentiments"--he wrote -every word of the speech which Adams delivered to Congress and sent it -to the distressed Chief Magistrate in such haste that he did not -even make a copy.[1239] This presidential address, the first ever made -to Congress in Washington, was delivered exactly as Marshall wrote it, -with a change of only one word "much" for "such" and the omission of an -adjective "great."[1240] - -The address is strong on the necessity for military and naval -preparation. It would be "a dangerous imprudence to abandon those -measures of self-protection ... to which ... violence and the injustice -of others may again compel us to resort.... Seasonable and systematic -arrangements ... for a defensive war" are "a wise and true economy." The -navy is described as particularly important, coast defenses are urged, -and the manufacture of domestic arms is recommended in order to -"supercede the necessity of future importations." The extension of the -national Judiciary is pressed as of "primary importance ... to the -public happiness."[1241] - -The election, at last, was over. The Republicans won, but only by a -dangerously narrow margin. Indeed, outside of New York, the Federalists -secured more electoral votes in 1800 than in the election of Adams four -years earlier.[1242] The great constructive work of the Federalist Party -still so impressed conservative people; the mercantile and financial -interests were still so well banded together; the Federalist revival of -1798, brought about by Marshall's dispatches, was, as yet, so strong; -the genuine worth of Adams's statesmanship[1243] was so generally -recognized in spite of his unhappy manner, that it would seem as though -the Federalists might have succeeded but for the quarrels of their -leaders and Burr's skillful conduct of the Republican campaign in New -York. - -Jefferson and Burr each had seventy-three votes for President. Under -the Constitution, as it stood at that time, the final choice for -President was thus thrown into the House of Representatives.[1244] By -united and persistent effort, it was possible for the Federalists to -elect Burr, or at least prevent any choice and, by law, give the -Presidency to one of their own number until the next election. This, -Jefferson advises Burr, "they are strong enough to do."[1245] The -Federalists saw their chance; the Republicans realized their -danger.[1246] Jefferson writes of the "great dismay and gloom on the -republican gentlemen here and equal exultation on the federalists who -openly declare they will prevent an election."[1247] This "opens upon us -an abyss, at which every sincere patriot must shudder."[1248] - -Although Hamilton hated Burr venomously, he advised the Federalist -managers in Washington "to throw out a lure for him, in order to tempt -him to start for the plate, and then lay the foundation of dissension -between" him and Jefferson.[1249] The Federalists, however, already were -turning to Burr, not according to Hamilton's unworthy suggestion, but in -deadly earnest. At news of this, the fast-weakening New York Federalist -chieftain became frantic. He showered letters upon the party leaders in -Congress, and upon all who might have influence, appealing, arguing, -persuading, threatening.[1250] - -But the Federalists in Congress were not to be influenced, even by the -once omnipotent Hamilton. "The Federalists, almost with one Mind, from -every Quarter of the Union, say elect Burr" because "they must be -disgraced in the Estimation of the People if they vote for Jefferson -having told Them that He was a Man without Religion, the Writer of the -Letter to Mazzei, a Coward, &c., &c."[1251] Hamilton's fierce warnings -against Burr and his black prophecies of "the _Cataline_ of -America"[1252] did not frighten them. They knew little of Burr, -personally, and the country knew less. What was popularly known of this -extraordinary man was not unattractive to the Federalists. - -Burr was the son of the President of Princeton and the grandson of the -celebrated Jonathan Edwards, the greatest theologian America had -produced. He had been an intrepid and efficient officer in the -Revolutionary War, and an able and brilliant Senator of the United -States. He was an excellent lawyer and a well-educated, polished man of -the world. He was a politician of energy, resourcefulness, and decision. -And he was a practical man of affairs. If he were elected by Federalist -votes, the fury with which Jefferson and his friends were certain to -assail Burr[1253] would drive that practical politician openly into -their camp; and, as President, he would bring with him a considerable -Republican following. Thus the Federalists would be united and -strengthened and the Republicans divided and weakened.[1254] - -This was the reasoning which drew and bound the Federalists together in -their last historic folly; and they felt that they might succeed. -"It is ... certainly within the compass of possibility that Burr may -ultimately obtain nine States," writes Bayard.[1255] In addition to the -solid Federalist strength in the House, there were at least three -Republican members, two corrupt and the other light-minded, who might by -"management" be secured for Burr.[1256] The Federalist managers felt -that "the high Destinies ... of this United & enlightened people are -up";[1257] and resolved upon the hazard. Thus the election of Burr, or, -at least, a deadlock, faced the Republican chieftain. - -At this critical hour there was just one man who still had the -confidence of all Federalists from Adams to Hamilton. John Marshall, -Secretary of State, had enough influence to turn the scales of -Federalist action. Hamilton approached Marshall indirectly at first. -"You may communicate this letter to _Marshall_," he instructed Wolcott, -in one of his most savage denunciations of Burr.[1258] Wolcott obeyed -and reported that Marshall "has yet expressed no opinion."[1259] -Thereupon Hamilton wrote Marshall personally. - -This letter is lost; but undoubtedly it was in the same vein as were -those to Wolcott, Bayard, Sedgwick, Morris, and other Federalists. But -Hamilton could not persuade Marshall to throw his influence to -Jefferson. The most Marshall would do was to agree to keep hands off. - -"To Mr. Jefferson," replies Marshall, "whose political character is -better known than that of Mr. Burr, I have felt almost insuperable -objections. His foreign prejudices seem to me totally to unfit him for -the chief magistracy of a nation which cannot indulge those prejudices -without sustaining deep and permanent injury. - -"In addition to this solid and immovable objection, Mr. Jefferson -appears to me to be a man, who will embody himself with the House of -Representatives.[1260] By weakening the office of President, he will -increase his personal power. He will diminish his responsibility, sap -the fundamental principles of the government, and become the leader of -that party which is about to constitute the majority of the legislature. -The morals of the author of the letter to Mazzei[1261] cannot be -pure.... - -"Your representation of Mr. Burr, with whom I am totally unacquainted, -shows that from him still greater danger than even from Mr. Jefferson -may be apprehended. Such a man as you describe is more to be feared, and -may do more immediate, if not greater mischief. - -"Believing that you know him well, and are impartial, my preference -would certainly not be for him, but I can take no part in this business. -I cannot bring myself to aid Mr. Jefferson. Perhaps respect for myself -should, in my present situation, deter me from using any influence (if, -indeed I possessed any) in support of either gentleman. - -"Although no consideration could induce me to be the Secretary of State -while there was a President whose political system I believed to be at -variance with my own; yet this cannot be so well known to others, and it -might be suspected that a desire to be well with the successful -candidate had, in some degree, governed my conduct."[1262] - -Marshall had good personal reasons for wishing Burr to be elected, or at -least that a deadlock should be produced. He did not dream that the -Chief Justiceship was to be offered to him; his law practice, neglected -for three years, had passed into other hands; the head of the Cabinet -was then the most important[1263] office in the Government, excepting -only the Presidency itself; and rumor had it that Marshall would remain -Secretary of State in case Burr was chosen as Chief Magistrate. If the -tie between Jefferson and Burr were not broken, Marshall might even be -chosen President.[1264] - -"I am rather inclined to think that Mr. Burr will be preferred.... -General Marshall will then remain in the department of state; but if Mr. -Jefferson be chosen, Mr. Marshall will retire," writes Pickering.[1265] -But if Marshall cherished the ambition to continue as Secretary of -State, as seems likely, he finally stifled it and stood aloof from the -struggle. It was a decision which changed Marshall's whole life and -affected the future of the Republic. Had Marshall openly worked for -Burr, or even insisted upon a permanent deadlock, it is reasonably -certain that the Federalists would have achieved one of their alternate -purposes. - -Although Marshall refrained from assisting the Federalists in their plan -to elect Burr, he did not oppose it. The "Washington Federalist," which -was the Administration organ[1266] in the Capital, presented in glowing -terms the superior qualifications of Burr over Jefferson for the -Presidency, three weeks after Marshall's letter to Hamilton.[1267] The -Republicans said that Marshall wrote much that appeared in this -newspaper.[1268] If he was influential with the editor, he did not -exercise his power to exclude the paper's laudation of the New York -Republican leader. - -It was reported that Marshall had declared that, in case of a deadlock, -Congress "may appoint a Presidt. till another election is made."[1269] -The rumor increased Republican alarm and fanned Republican anger. From -Richmond came the first tidings of the spirit of popular resistance to -"such a usurpation,"[1270] even though it might result in the election -of Marshall himself to the Presidency. If they could not elect Burr, -said Jefferson, the Federalists planned to make Marshall or Jay the -Chief Executive by a law to be passed by the expiring Federalist -Congress.[1271] - -Monroe's son-in-law, George Hay, under the _nom de guerre_ of -"Hortensius," attacked Marshall in an open letter in the "Richmond -Examiner," which was copied far and wide in the Republican press. -Whether Congress will act on Marshall's opinion, says Hay, "is a -question which has already diffused throughout America anxiety and -alarm; a question on the decision of which depends not only the peace of -the nation, but the existence of the Union." Hay recounts the many -indications of the Federalists' purpose and says: "I understand that -you, Sir, have not only examined the Constitution, but have given an -opinion in exact conformity with the wishes of your party." He -challenges Marshall to "come forward ... and defend it." If a majority -of the House choose Burr the people will submit, says Hay, because such -an election, though contrary to their wishes, would be constitutional. -But if, disregarding the popular will and also violating the -Constitution, Congress "shall elect a stranger to rule over us, peace -and union are driven from the land.... The usurpation ... will be -instantly and firmly repelled. The government will be at an end."[1272] - -Although the "Washington Federalist" denounced as "a lie"[1273] the -opinion attributed to him, Marshall, personally, paid no attention to -this bold and menacing challenge. But Jefferson did. After waiting a -sufficient time to make sure that this open threat of armed revolt -expressed the feeling of the country, he asserted that "we thought best -to declare openly and firmly, one & all, that the day such an act -passed, the Middle States would arm, & that no such usurpation, even for -a single day, should be submitted to."[1274] The Republicans determined -not only to resist the "usurpation ... by arms," but to set aside the -Constitution entirely and call "a convention to reorganize and amend the -government."[1275] - -The drums of civil war were beating. Between Washington and Richmond "a -chain of expresses" was established, the messengers riding "day and -night."[1276] In Maryland and elsewhere, armed men, wrought up to the -point of bloodshed, made ready to march on the rude Capital, sprawling -among the Potomac hills and thickets. Threats were openly made that any -man appointed President by act of Congress, pursuant to Marshall's -reputed opinion, would be instantly assassinated. The Governor of -Pennsylvania prepared to lead the militia into Washington by the 3d of -March.[1277] - -To this militant attitude Jefferson ascribed the final decision of the -Federalists to permit his election. But no evidence exists that they -were intimidated in the least, or in any manner influenced, by the -ravings of Jefferson's adherents. On the contrary, the Federalists -defied and denounced the Republicans and met their threats of armed -interference with declarations that they, too, would resort to the -sword.[1278] - -The proof is overwhelming and decisive that nothing but Burr's refusal -to help the Federalists in his own behalf,[1279] his rejection of their -proposals,[1280] and his determination, if chosen, to go in as a -Republican untainted by any promises;[1281] and, on the other hand, the -assurances which Jefferson gave Federalists as to offices and the -principal Federalist policies--Neutrality, the Finances, and the -Navy[1282]--only all of these circumstances combined finally made -Jefferson president. Indeed, so stubborn was the opposition that, in -spite of his bargain with the Federalists and Burr's repulsion of their -advances, nearly all of them, through the long and thrillingly dramatic -days and nights of balloting,[1283] with the menace of physical violence -hanging over them, voted against Jefferson and for Burr to the very -end. - -The terms concluded with Jefferson, enough Federalists cast blank -ballots[1284] to permit his election; and so the curtain dropped on this -comedy of shame.[1285] "Thus has ended the most wicked and absurd -attempt ever tried by the Federalists," said the innocent -Gallatin.[1286] So it came about that the party of Washington, as a -dominant and governing force in the development of the American Nation, -went down forever in a welter of passion, tawdry politics, and -disgraceful intrigue. All was lost, including honor. - -But no! All was not lost. The Judiciary remained. The newly elected -House and President were Republican and in two years the Senate also -would be "Jacobin"; but no Republican was as yet a member of the -National Judiciary. Let that branch of the Government be extended; let -new judgeships be created, and let new judges be made while Federalists -could be appointed and confirmed, so that, by means, at least, of the -National Courts, States' Rights might be opposed and retarded, and -Nationalism defended and advanced--thus ran the thoughts and the plans -of the Federalist leaders. - -Adams, in the speech to Congress in December of the previous year, had -urged the enactment of a law to this end as "indispensably -necessary."[1287] In the President's address to the expiring Federalist -Congress on December 3, 1800, which Marshall wrote, the extension of the -National Judiciary, as we have seen, was again insistently urged.[1288] -Upon that measure, at least, Adams and all Federalists agreed. "Permit -me," wrote General Gunn to Hamilton, "to offer for your consideration, -the policy of the federal party _extending the influence of our -judiciary_; if neglected by the federalists the ground will be occupied -by the enemy, the very next session of Congress, and, sir, we shall see ----- and many other scoundrels placed on the seat of justice."[1289] - -Indeed, extension of the National Judiciary was now the most cherished -purpose of Federalism.[1290] A year earlier, after Adams's first -recommendation of it, Wolcott narrates that "the steady men" in the -Senate and House were bent upon it, because "there is no other way to -combat the state opposition [to National action] but by an efficient and -extended organization of judges."[1291] - -Two weeks after Congress convened, Roger Griswold of Connecticut -reported the eventful bill to carry out this Federalist plan.[1292] It -was carefully and ably drawn and greatly widened the practical -effectiveness of the National Courts. The Supreme Court was reduced, -after the next vacancy, to five members--to prevent, said the -Republicans, the appointment of one of their party to the Nation's -highest tribunal.[1293] Many new judgeships were created. The Justices -of the Supreme Court, who had sat as circuit judges, were relieved of -this itinerant labor and three circuit judges for each circuit were to -assume these duties. At first, even the watchful and suspicious -Jefferson thought that "the judiciary system will not be pushed, as the -appointments, if made, by the present administration, could not fall on -those who create them."[1294] - -But Jefferson underestimated the determination of the Federalists. -Because they felt that the bill would "greatly extend the judiciary -power and of course widen the basis of government," they were resolved, -writes Rutledge, to "profit of our shortlived majority, and do as much -good as we can before the end of this session"[1295] by passing the -Judiciary Bill. - -In a single week Jefferson changed from confidence to alarm. After all, -he reflected, Adams could fill the new judgeships, and these were life -appointments. "I dread this above all the measures meditated, because -appointments in the nature of freehold render it difficult to undo what -is done,"[1296] was Jefferson's second thought. - -The Republicans fought the measure, though not with the vigor or -animosity justified by the political importance they afterwards attached -to it. Among the many new districts created was an additional one in -Virginia. The representatives from that State dissented; but, in the -terms of that period, even their opposition was not strenuous. They said -that, in Virginia, litigation was declining instead of increasing. "At -the last term the docket was so completely cleared in ... ten days ... -that the court ... had actually decided on several [suits] returnable to -the ensuing term."[1297] - -That, replied the Federalists, was because the courts were too far away -from the citizens. As for the National revenues, they could be collected -only through National tribunals; for this purpose,[1298] two Federal -Courts in Virginia, as provided by the bill, were essential. But, of -course, sneered the Federalists, "Virginia would be well satisfied with -one court in preference to two or with no court whatever in preference -to one."[1299] - -But there was a defect in the bill, intimated the Virginia Republicans, -that affected tenants and landowners of the Northern Neck. A clause of -section thirteen gave the newly established National Court jurisdiction -of all causes arising under the Constitution where original or exclusive -jurisdiction was not conferred upon the Supreme Court or Admiralty -Courts.[1300] The National Court of the new Virginia District was to be -held at Fredericksburg. Thus all suits for quitrents or other claims -against those holding their lands under the Fairfax title could be -brought in this near-by National Court, instead of in State Courts. This -criticism was so attenuated and so plainly based on the assumption that -the State Courts would not observe the law in such actions, that it was -not pressed with ardor even by the impetuous and vindictive Giles. - -But Nicholas went so far as to move that the jurisdiction of National -Courts should be limited to causes exceeding five hundred dollars. This -would cut out the great mass of claims which the present holders of the -Fairfax title might lawfully have against tenants or owners. The -Marshalls were the Fairfax assignees, as we have seen. No Republican, -however, mentioned them in debate; but some one procured the insertion -in the record of an insinuation which nobody made on the floor. In -brackets, the "Annals," after the brief note of Nicholas's objection, -states: "[It is understood that the present assignees of the claims of -Lord Fairfax, are General Marshall, General Lee, and a third individual -and that they maintain their claims under the British Treaty.]"[1301] - -For three weeks the debate in the House dragged along. Republican -opposition, though united, was languid.[1302] At last, without much -Republican resistance, the bill passed the House on January 20, 1801, -and reached the Senate the next day.[1303] Two weeks later the Senate -Republicans moved a substitute providing for fewer circuits, fewer -judges, and a larger Supreme Court, the members of which were to act as -circuit judges as formerly.[1304] It was defeated by a vote of 17 to -13.[1305] The next day the bill was passed by a vote of 16 to 11.[1306] - -When the debate began, the National Judiciary was without a head. -Ellsworth, broken in health, had resigned. Adams turned to Jay, the -first Chief Justice, and, without asking his consent, reappointed him. -"I have nominated you to your old station,"[1307] wrote the President. -"This is as independent of the inconstancy of the people, as it is of -the will of a President." But Jay declined.[1308] Some of the Federalist -leaders were disgruntled at Jay's appointment. "Either Judge Paterson -[of New Jersey] or General Pinckney ought to have been appointed; but -both these worthies were your friends,"[1309] Gunn reported to Hamilton. -The Republicans were relieved by Jay's nomination--they "were afraid of -something worse."[1310] - -Then, on January 20, 1801, with no herald announcing the event, no -trumpet sounding, suddenly, and without previous notification even to -himself, John Marshall was nominated as Chief Justice of the United -States a few weeks before the Federalists went out of power forever. His -appointment was totally unexpected. It was generally thought that Judge -Paterson was the logical successor to Ellsworth.[1311] Marshall, indeed, -had recommended his selection.[1312] The letters of the Federalist -leaders, who at this period were lynx-eyed for any office, do not so -much as mention Marshall's name in connection with the position of Chief -Justice. - -Doubtless the President's choice of Marshall was influenced by the fact -that his "new minister, Marshall, did all to" his "entire -satisfaction."[1313] Federalist politicians afterward caviled at this -statement of Adams. It was quite the other way around, they declared. -"Every one who knew that great man [Marshall] knew that he possessed to -an extraordinary degree the faculty of putting his own ideas into the -minds of others, unconsciously to them. The secret of Mr. Adams's -satisfaction [with Marshall] was, that he obeyed his Secretary of State -without suspecting it."[1314] - -The President gave Marshall's qualifications as the reason of his -elevation. Boudinot reported to Adams that the New Jersey bar hailed -with "the greatest pleasure" a rumor that "the office of Chief -Justice ... may be filled by" Adams himself "after the month of March -next." The President, who admitted that he was flattered, answered: -"I have already, by the nomination of a gentleman in the full vigor of -middle age, in the full habits of business, and whose reading of the -science is fresh in his head,[1315] to this office, put it wholly out of -my power as it never was in my hopes or wishes."[1316] - -Marshall's appointment as Chief Justice was not greeted with applause -from any quarter; there was even a hint of Federalist resentment because -Paterson had not been chosen. "I see it denied in your paper that Mr. -Marshall was nominated Chief Justice of the U.S. The fact is so and he -will without doubt have the concurrence of the Senate, tho' some -hesitation was at first expressed from respect for the pretensions of -Mr. Paterson."[1317] The Republican politicians were utterly -indifferent; and the masses of both parties neither knew nor cared about -Marshall's elevation. - -The Republican press, of course, criticized the appointment, as it felt -bound to attack any and every thing, good or bad, that the Federalists -did. But its protests against Marshall were so mild that, in view of the -recklessness of the period, this was a notable compliment. "The vacant -Chief Justiceship is to be conferred on John Marshall, one time General, -afterwards ambassador to X. Y. and Z., and for a short time incumbent of -the office of Secretary of State.... Who is to receive the salary of the -Secretary of State, after Mr. Marshall's resignation, we cannot -foretell, because the wisdom of our wise men surpasseth -understanding."[1318] Some days later the "Aurora," in a long article, -denounced the Judiciary Law as a device for furnishing defeated -Federalist politicians with offices,[1319] and declared that the act -would never be "carried into execution, ... unless" the Federalists -still meant to usurp the Presidency. But it goes on to say:-- - -"We cannot permit ourselves to believe that _John Marshall_ has been -called to the bench to foster such a plot.... Still, how can we account -for the strange mutations which have passed before us--Marshall for a -few weeks Secretary of State ascends the bench of the Chief -Justice."[1320] The principal objection of the Republican newspapers to -Marshall, however, was that he, "before he left the office [of Secretary -of State], made provision for all the Federal printers to the extent of -his power.... He employed the _aristocratic presses alone_ to publish -laws ... for ... one year."[1321] - -Only the dissipated and venomous Callender, from his cell in prison, -displayed that virulent hatred of Marshall with which an increasing -number of Jefferson's followers were now obsessed. "We are to have that -precious acquisition John Marshall as Chief Justice.... The very sound -of this man's name is an insult upon truth and justice"; and the -dissolute scribbler then pours the contents of his ink-pot over -Marshall's X. Y. Z. dispatches, bespatters his campaign for election to -Congress, and continues thus:-- - -"John Adams first appointed John Jay in the room of Ellsworth. A strong -suspicion exists that John did this with the previous certainty that -John Jay would refuse the nomination. It was then in view to name John -Marshall: first, because President Jefferson will not be able to turn -him out of office, unless by impeachment; and in the second place that -the faction [Federalist Party] who burnt the war office might, with -better grace, attempt, forsooth, to set him up as a sort of president -himself. _Sus ad Minervam!_"[1322] - -That the voice of this depraved man, so soon to be turned against his -patron Jefferson, who had not yet cast him off, was the only one raised -against Marshall's appointment to the highest judicial office in the -Nation, is a striking tribute, when we consider the extreme partisanship -and unrestrained abuse common to the times. - -Marshall himself, it appears, was none too eager to accept the position -which Ellsworth had resigned and Jay refused; the Senate delayed the -confirmation of his nomination;[1323] and it was not until the last day -of the month that his commission was executed. - -On January 31, 1801, the President directed Dexter "to execute the -office of Secretary of State so far as to affix the seal of the United -States to the inclosed commission to the present Secretary of State, -John Marshall, of Virginia, to be Chief Justice of the United States, -and to certify in your own name on the commission as executing the -office of Secretary of State _pro hac vice_."[1324] - -It was almost a week before Marshall formally acknowledged and accepted -the appointment. "I pray you to accept my grateful acknowledgments for -the honor conferred on me in appointing me Chief Justice of the United -States. This additional and flattering mark of your good opinion has -made an impression on my mind which time will not efface. I shall enter -immediately on the duties of the office, and hope never to give you -occasion to regret having made this appointment."[1325] Marshall's -acceptance greatly relieved the President, who instantly acknowledged -his letter: "I have this moment received your letter of this morning, -and am happy in your acceptance of the office of Chief Justice."[1326] - -Who should be Secretary of State for the remaining fateful four weeks? -Adams could think of no one but Marshall, who still held that office -although he had been appointed, confirmed, and commissioned as Chief -Justice. Therefore, wrote Adams, "the circumstances of the times ... -render it necessary that I should request and authorize you, as I do by -this letter, to continue to discharge all the duties of Secretary of -State until ulterior arrangements can be made."[1327] - -Thus Marshall was at the same time Chief Justice of the Supreme Court -and Secretary of State. Thus for the second time these two highest -appointive offices of the National Government were held simultaneously -by the same man.[1328] He drew but one salary, of course, during this -period, that of Chief Justice,[1329] the salary of Secretary of State -remaining unpaid. - -The President rapidly filled the newly created places on the Federal -Bench. Marshall, it appears, was influential in deciding these -appointments. "I wrote for you to Dexter, requesting him to show it -to Marshall,"[1330] was Ames's reassuring message to an aspirant to -the Federal Bench. With astounding magnanimity or blindness, Adams -bestowed one of these judicial positions upon Wolcott, and Marshall -"transmits ... the commission ... with peculiar pleasure. Permit me," he -adds, "to express my sincere wish that it may be acceptable to you." His -anxiety to make peace between Adams and Wolcott suggests that he induced -the President to make this appointment. For, says Marshall, "I will -allow myself the hope that this high and public evidence, given by the -President, of his respect for your services and character, will efface -every unpleasant sensation respecting the past, and smooth the way to a -perfect reconciliation."[1331] - -Wolcott "cordially thanks" Marshall for "the obliging expressions of" -his "friendship." He accepts the office "with sentiments of gratitude -and good will," and agrees to Marshall's wish for reconciliation with -Adams, "not only without reluctance or reserve but with the highest -satisfaction."[1332] Thus did Marshall end one of the feuds which so -embarrassed the Administration of John Adams.[1333] - -Until nine o'clock[1334] of the night before Jefferson's inauguration, -Adams continued to nominate officers, including judges, and the Senate -to confirm them. Marshall, as Secretary of State, signed and sealed the -commissions. Although Adams was legally within his rights, the only -moral excuse for his conduct was that, if it was delayed, Jefferson -would make the appointments, control the National Judiciary, and through -it carry out his States' Rights doctrine which the Federalists believed -would dissolve the Union; if Adams acted, the most the Republicans -could do would be to oust his appointees by repealing the law.[1335] - -The angry but victorious Republicans denounced Adams's appointees as -"midnight judges." It was a catchy and clever phrase. It flew from -tongue to tongue, and, as it traveled, it gathered force and volume. -Soon a story grew up around the expression. Levi Lincoln, the incoming -Attorney-General, it was said, went, Jefferson's watch in his hand, to -Marshall's room at midnight and found him signing and sealing -commissions. Pointing to the timepiece, Lincoln told Marshall that, by -the President's watch, the 4th of March had come, and bade him instantly -lay down his nefarious pen; covered with humiliation, Marshall rose from -his desk and departed.[1336] - -This tale is, probably, a myth. Jefferson never spared an enemy, and -Marshall was his especial aversion. Yet in his letters denouncing these -appointments, while he savagely assails Adams, he does not mention -Marshall.[1337] Jefferson's "Anas," inspired by Marshall's "Life of -Washington," omits no circumstance, no rumor, no second, third, or -fourth hand tale that could reflect upon an enemy. Yet he never once -refers to the imaginary part played by Marshall in the "midnight judges" -legend.[1338] - -Jefferson asked Marshall to administer to him the presidential oath of -office on the following day. Considering his curiously vindictive -nature, it is unthinkable that Jefferson would have done this had he -sent his newly appointed Attorney-General, at the hour of midnight, to -stop Marshall's consummation of Adams's "indecent"[1339] plot. - -Indeed, in the flush of victory and the multitude of practical and -weighty matters that immediately claimed his entire attention, it is -probable that Jefferson never imagined that Marshall would prove to be -anything more than the learned but gentle Jay or the able but innocuous -Ellsworth had been. Also, as yet, the Supreme Court was, comparatively, -powerless, and the Republican President had little cause to fear from it -that stern and effective resistance to his anti-national principles, -which he was so soon to experience. Nor did the Federalists themselves -suspect that the Virginia lawyer and politician would reveal on the -Supreme Bench the determination, courage, and constructive genius which -was presently to endow that great tribunal with life and strength and -give to it the place it deserved in our scheme of government. - -In the opinions of those who thought they knew him, both friend and foe, -Marshall's character was well understood. All were agreed as to his -extraordinary ability. No respectable person, even among his enemies, -questioned his uprightness. The charm of his personality was admitted by -everybody. But no one had, as yet, been impressed by the fact that -commanding will and unyielding purpose were Marshall's chief -characteristics. His agreeable qualities tended to conceal his -masterfulness. Who could discern in this kindly person, with "lax, -lounging manners," indolent, and fond of jokes, the heart that dared all -things? And all overlooked the influence of Marshall's youth, his -determinative army life, his experience during the disintegrating years -after Independence was achieved and before the Constitution was adopted, -the effect of the French Revolution on his naturally orderly mind, and -the part he had taken and the ineffaceable impressions necessarily made -upon him by the tremendous events of the first three Administrations of -the National Government. - -Thus it was that, unobtrusively and in modest guise, Marshall took that -station which, as long as he lived, he was to make the chief of all -among the high places in the Government of the American Nation. - - -FOOTNOTES: - -[1093] Adams to McHenry, May 5, 1800; Steiner, 453. - -[1094] McHenry to John McHenry, May 20, 1800; Gibbs, ii, 348. - -[1095] According to McHenry, Adams's complaints were that the Secretary -of War had opposed the sending of the second mission to France, had not -appointed as captain a North Carolina elector who had voted for Adams, -had "EULOGIZED GENERAL WASHINGTON ... attempted to praise Hamilton," -etc. (McHenry to John McHenry, May 20, 1800; Gibbs, ii, 348; and see -Hamilton's "Public Conduct, etc., of John Adams"; Hamilton: _Works_: -Lodge, vii, 347-49.) - -[1096] Gore to King, May 14, 1800; King, iii, 242-43; also Sedgwick to -Hamilton, May 7, 1800; _Works_: Hamilton, vi, 437-38. - -[1097] Adams to Pickering, May 10, 1800; _Works_: Adams, ix, 53. - -[1098] Pickering to Adams, May 11, 1800; _ib._, 54. - -[1099] Pickering to Hamilton, May 15, 1800; _Works_: Hamilton, vi, 443. - -[1100] Adams to Pickering, May 12, 1800; _Works_: Adams, ix, 55. - -[1101] Sedgwick to Hamilton, May 13, 1800; _Works_: Hamilton, vi, 442. - -[1102] Adams to Rush, March 4, 1809; _Old Family Letters_, 219. - -[1103] "There never was perhaps a greater contrast between two -characters than between those of the present President & his -predecessor.... The one [Washington] cool, considerate, & cautious, the -other [Adams] headlong & kindled into flame by every spark that lights -on his passions; the one ever scrutinizing into the public opinion and -ready to follow where he could not lead it; the other insulting it by -the most adverse sentiments & pursuits; W. a hero in the field, yet -overweighing every danger in the Cabinet--A. without a single pretension -to the character of a soldier, a perfect Quixotte as a statesman." -(Madison to Jefferson, Feb., 1798; _Writings_: Hunt, vi, 310.) And -[Adams] "always an honest man, often a wise one, but sometimes wholly -out of his senses." (Madison to Jefferson, June 10, 1798; _ib._, 325.) - -[1104] Adams to Rush, Aug. 23, 1805; _Old Family Letters_, 76. - -[1105] Cabot to King, April 26, 1799; King, iii, 8. - -[1106] Wolcott was as malicious as, but more cautious than, Pickering in -his opposition to the President. - -[1107] "He [Adams] is liable to gusts of passion little short of -frenzy.... I speak of what I have seen." (Bayard to Hamilton, Aug. 18, -1800; _Works_: Hamilton, vi, 457.) "He would speak in such a manner ... -as to persuade one that he was actually insane." (McHenry to John -McHenry, May 20, 1800; Gibbs, ii, 347.) "Mr. Adams had conducted -strangely and unaccountably." (Ames to Hamilton, Aug. 26, 1800; _Works_: -Ames, i, 280.) These men were Adams's enemies; but the extreme -irritability of the President at this time was noted by everybody. -Undoubtedly this was increased by his distress over the illness of his -wife. - -[1108] McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347. - -[1109] See preceding chapter. - -[1110] _Aurora_, May 9, 1800; the _Aurora_ had been attacking Pickering -with all the animosity of partisanship. - -[1111] The French press had been quite as much under the control of the -Revolutionary authorities as it was under that of Bonaparte as First -Consul or even under his rule when he had become Napoleon I. - -[1112] _Aurora_, May 27, 1800. - -[1113] _Ib._, June 4, 1800; and June 17, 1800. The _Aurora_ now made a -systematic campaign against Pickering. It had "_substantial and damning -facts_" which it threatened to publish if Adams did not subject -Pickering to a "scrutiny" (_ib._, May 21, 1800). Pickering was a -"disgrace to his station" (_ib._, May 23); several hundred thousand -dollars were "unaccounted for" (_ib._, June 4, and 17). - -The attack of the Republican newspaper was entirely political, every -charge and innuendo being wholly false. Adams's dismissal of his -Secretary of State was not because of these charges, but on account of -the Secretary's personal and political disloyalty. Adams also declared, -afterwards, that Pickering lacked ability to handle the grave questions -then pending and likely to arise. (_Cunningham Letters_, nos. xii, xiii, -and xiv.) But that was merely a pretense. - -[1114] _Aurora_, June 12, 1800. - -[1115] Pinckney to McHenry, June 10, 1800; Steiner, 460. - -[1116] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 402. - -[1117] Cabot to Gore, Sept. 30, 1800; Lodge: _Cabot_, 291. - -[1118] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 401-02. - -[1119] Adams's correspondence shows that the shortest time for a letter -to go from Washington to Quincy, Massachusetts, was seven days, although -usually nine days were required. "Last night I received your favor of -the 4th." (Adams at Quincy to Dexter at Washington, Aug. 13, 1800; -_Works_: Adams, ix, 76; and to Marshall, Aug. 14; _ib._, 77; and Aug. -26; _ib._, 78; and Aug. 30; _ib._, 80.) - -[1120] Washington at this time was forest, swamp, and morass, with only -an occasional and incommodious house. Georgetown contained the only -comfortable residences. For a description of Washington at this period, -see chap. I, vol. III, of this work. - -[1121] Marshall to Adams, Sept. 17, 1800; Adams MSS. This trip was to -argue the case of Mayo _vs._ Bentley (4 Call, 528), before the Court of -Appeals of Virginia. (See _supra_, chap. VI.) - -[1122] Randall, ii, 547. Although Randall includes Dexter, this tribute -is really to Marshall who was the one dominating character in Adams's -reconstructed Cabinet. - -[1123] Adams to Marshall, July 30, 1800; _Works_: Adams, ix, 66; also -Marshall to Adams, Aug. 1, Aug. 2, and July 29, 1800; Adams MSS. - -[1124] Marshall to Adams, July 29, 1800; Adams MSS. This cost Adams the -support of young Chase's powerful father. (McHenry to John McHenry, Aug. -24, 1800; Gibbs, ii, 408.) - -[1125] McMaster, ii, 448. - -[1126] Adams to Marshall, Aug. 7, 1800; _Works_: Adams, ix, 72; and -Marshall to Adams, Aug. 16, 1800; Adams MSS. Chief Justice Ellsworth -presided at the trial of Williams, who was fairly convicted. (Wharton: -_State Trials_, 652-58.) The Republicans, however, charged that it was -another "political" conviction. It seems probable that Adams's habitual -inclination to grant the request of any one who was his personal friend -(Adams's closest friend, Governor Trumbull, had urged the pardon) caused -the President to wish to extend clemency to Williams. - -[1127] Marshall to Adams, June 24, 1800; Adams MSS. - -[1128] Marshall to Adams, Aug. 2, 1800; _ib._ - -[1129] Marshall to Adams, July 26, 1800; _ib._ - -[1130] De Yrujo to Marshall, July 31, 1800; _ib._ - -[1131] Marshall does not state what these measures were. - -[1132] Marshall to Adams, Sept. 6, 1800; Adams MSS. - -[1133] _Am. St. Prs._, v, _Indian Affairs_, i, 184, 187, 246. For -picturesque description of Bowles and his claim of British support see -Craig's report, _ib._, 264; also, 305. Bowles was still active in 1801. -(_Ib._, 651.) - -[1134] Adams to Marshall, July 31, 1800; _Works_: Adams, ix, 67; -Marshall to De Yrujo, Aug. 15, 1800; Adams MSS. - -[1135] Adams to Marshall, Aug. 11, 1800; _Works_: Adams, ix, 73. - -[1136] Marshall to Adams, Aug. 12, 1800; Adams MSS. - -[1137] _Ib._ - -[1138] Liston to Marshall, Aug. 25, 1800; _ib._ - -[1139] Marshall to Adams, Sept. 6, 1800; _ib._ - -[1140] Marshall to Liston, Sept. 6, 1800; Adams MSS. - -[1141] Marshall to J. Q. Adams, July 24, 1800; MS. It is incredible that -the Barbary corsairs held the whole of Europe and America under tribute -for many years. Although our part in this general submission to these -brigands of the seas was shameful, America was the first to move against -them. One of Jefferson's earliest official letters after becoming -President was to the Bey of Tripoli, whom Jefferson addressed as "Great -and Respected Friend ... Illustrious & honored ... whom God preserve." -Jefferson's letter ends with this fervent invocation: "I pray God, very -great and respected friend, to have you always in his holy keeping." -(Jefferson to Bey of Tripoli, May 21, 1801; _Am. St. Prs., For. Rel._, -ii, 349.) - -And see Jefferson to Bey of Tunis (Sept. 9, 1801; _ib._, 358), in which -the American President addresses this sea robber and holder of Americans -in slavery, as "Great and Good Friend" and apologizes for delay in -sending our tribute. In Jefferson's time, no notice was taken of such -expressions, which were recognized as mere forms. But ninety years later -the use of this exact expression, "Great and Good Friend," addressed to -the Queen of the Hawaiian Islands, was urged on the stump and in the -press against President Cleveland in his campaign for re-election. For -an accurate and entertaining account of our relations with the Barbary -pirates see Allen: _Our Navy and the Barbary Corsairs_. - -[1142] Marshall to Adams, Aug. 1, 1800; Adams MSS. - -[1143] Marshall to Adams, June 24, 1800; Adams MSS. - -[1144] Marshall to Adams, Aug. 16, 1800; July 24, 1800; _Ib._ and see -Adams to Marshall, Aug. 2, and to Secretary of State, May 25; King, iii, -243-46. The jewels were part of our tribute to the Barbary pirates. - -[1145] King to Secretary of State, Oct. 11, 1799; note to Grenville; -King, iii, 129. - -[1146] Secretary of State to King, Feb. 5, 1799; _Am. St. Prs., For. -Rel._, ii, 383. Hildreth says that the total amount of claims filed was -twenty-four million dollars. (Hildreth, v, 331; and see Marshall to -King, _infra_.) - -[1147] Secretary of State to King, Sept. 4, 1799; _Am. St. Prs., For. -Rel._, ii, 383. - -[1148] Troup to King, Sept. 2, 1799; King, iii, 91. - -[1149] Secretary of State to King, Dec. 31, 1799; _Am. St. Prs._, _For. -Rel._, ii, 384-85. - -[1150] King to Secretary of State, April 7, 1800; King, iii, 215. - -[1151] Marshall to Adams, June 24, 1800; Adams MSS. - -[1152] King to Secretary of State, April 22, 1800; King, iii, 222. - -[1153] Marshall to Adams, July 21, 1800; Adams MSS. - -[1154] Adams to Marshall, Aug. 1, 1800; _Works_: Adams, ix, 68-69. - -[1155] Marshall to Adams, Aug. 12, 1800; Adams MSS. - -[1156] _Infra_, 507 _et seq._ - -[1157] _Am. St. Prs._, _For. Rel._, ii, 386. - -[1158] _Am. St. Prs., For. Rel._, ii, 387. - -[1159] _Am. St. Prs., For. Rel._, ii, 387. - -[1160] Marshall to Adams, Sept. 9, 1800; Adams MSS. - -[1161] Adams to Marshall, Sept. 18, 1800; _Works_: Adams, ix, 84. After -Jefferson became President and Madison Secretary of State, King settled -the controversy according to these instructions of Marshall. But the -Republicans, being then in power, claimed the credit. - -[1162] Secretary of State to King, Oct. 26, 1796; King, ii, 102. - -[1163] For a comprehensive though prejudiced review of British policy -during this period see Tench Coxe: _Examination of the Conduct of Great -Britain Respecting Neutrals_. Coxe declares that the purpose and policy -of Great Britain were to "monopolize the commerce of the world.... She -denies the lawfulness of supplying and buying from her enemies, and, in -the face of the world, enacts statutes to enable her own subjects to do -these things. (_Ib._, 62.) ... She now aims at the Monarchy of the -ocean.... Her trade is war.... The spoils of neutrals fill her -warehouses, while she incarcerates their bodies in her floating castles. -She seizes their persons and property as the rich fruit of bloodless -victories over her unarmed friends." (_Ib._, 72.) - -This was the accepted American view at the time Marshall wrote his -protest; and it continued to be such until the War of 1812. Coxe's book -is packed closely with citations and statistics sustaining his position. - -[1164] Secretary of State to King, June 14, 1799; King, iii, 47; and see -King to Secretary of State, July 15, 1799; _ib._, 58-59; and King to -Grenville, Oct. 7, 1799; _ib._, 115-21. - -[1165] This complete paper is in _Am. St. Prs., For. Rel._, ii, 486-90. - -[1166] At one place the word "distinctly" is used and at another the -word "directly," in the _American State Papers_ (ii, 487 and 488). The -word "directly" is correct, the word "distinctly" being a misprint. This -is an example of the inaccuracies of these official volumes, which must -be used with careful scrutiny. - -[1167] _Am. St. Prs., For. Rel._, ii, 488. - -[1168] _Am. St. Prs., For. Rel._, ii, 490. - -[1169] _Infra_, 524. - -[1170] While political parties, as such, did not appear until the close -of Washington's first Administration, the Federalist Party of 1800 was -made up, for the most part, of substantially the same men and interests -that forced the adoption of the Constitution and originated all the -policies and measures, foreign and domestic, of the first three -Administrations. - -[1171] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 404. - -[1172] During this period, the word "Democrat" was used by the -Federalists as a term of extreme condemnation, even more opprobrious -than the word "Jacobin." For many years most Republicans hotly resented -the appellation of "Democrat." - -[1173] Marshall to Otis, Aug. 5, 1800; Otis MSS. - -[1174] For a vivid review of factional causes of the Federalists' -decline see Sedgwick to King, Sept. 26, 1800; King, iii, 307-10; and -Ames to King, Sept. 24, 1800; _ib._, 304. - -[1175] "The Public mind is puzzled and fretted. People don't know what -to think of measures or men; they are mad because they are in the dark." -(Goodrich to Wolcott, July 28, 1800; Gibbs, ii, 394.) - -[1176] Ames to Hamilton, Aug. 26, 1800; _Works_: Ames, i, 280. - -[1177] Hamilton to Sedgwick, May 4, 1800; _Works_: Lodge, x, 371. - -[1178] Same to same, May 10, 1800; _ib._, 375. - -[1179] "In our untoward situation we should do as well with Jefferson -for President and Mr. Pinckney Vice President as with anything we can -now expect. Such an issue of the election, if fairly produced, is the -only one that will keep the Federal Party together." (Cabot to Wolcott, -Oct. 5, 1800; Lodge: _Cabot_, 295.) - -"If Mr. Adams should be reëlected, I fear our constitution would be more -injured by his unruly passions, antipathies, & jealousy, than by the -whimsies of Jefferson." (Carroll to McHenry, Nov. 4, 1800; Steiner, -473.) - -"He [Adams] has palsied the sinews of the party, and" another four years -of his administration "would give it its death wound." (Bayard to -Hamilton, Aug. 18, 1800; _Works_: Hamilton, vi, 457.) - -[1180] McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347. According -to the caucus custom, two candidates were named for President, one of -whom was understood really to stand for Vice-President, the Constitution -at that time not providing for a separate vote for the latter officer. - -[1181] "You may rely upon my co-operation in every reasonable measure -for effecting the election of General Pinckney." (Wolcott to Hamilton, -July 7, 1800; _Works_: Hamilton, vi, 447-48.) - -"The affairs of this government will not only be ruined but ... the -disgrace will attach to the federal party if they permit the re-election -of Mr. Adams." (_Ib._) "In Massachusetts almost all the leaders of the -first class are dissatisfied with Mr. Adams and enter heartily into the -policy of supporting General Pinckney." (Hamilton to Bayard, Aug. 6, -_ib._, 452 (also in _Works_: Lodge, x, 384); and see Jefferson to -Butler, Aug. 11, 1800; _Works_: Ford, ix, 138.) - -[1182] Hamilton to Carroll, July 1, 1800; _Works_: Lodge, x, 378; and -see Hamilton to Bayard, Aug. 6, 1800; _ib._, 384. - -[1183] Sedgwick to Hamilton, May 7, 1800, quoting "our friend D.[ayton] -who is not perfectly right" (_Works_: Hamilton, vi, 437; and see Cabot -to Hamilton, Aug. 10, 1800; _ib._, 454; also Cabot to Wolcott, July 20, -1800; Lodge: _Cabot_, 282.) - -[1184] Knox to Adams, March 5, 1799; _Works_: Adams, viii, 626-27. Knox -had held higher rank than Hamilton in the Revolutionary War and Adams -had tried to place him above Hamilton in the provisional army in 1798. -But upon the demand of Washington Knox was given an inferior rank and -indignantly declined to serve. (Hildreth, v, 242-44. And see Washington -to Knox, July 16, 1798; _Writings_: Ford, xiv, 43-46.) Thereafter he -became the enemy of Hamilton and the ardent supporter of Adams. - -[1185] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 315. - -[1186] Hamilton to Adams, Aug. 1, 1800; _Works_: Lodge, x, 382, and see -390; Ames to Wolcott, Aug. 3, 1800; Gibbs, ii, 396; Wolcott to Ames, -Dec. 29, 1799; _ib._, 315. - -The public discussion of Adams's charge of a "British faction" against -his party enemies began with the publication of a foolish letter he had -written to Coxe, in May of 1792, insinuating that Pinckney's appointment -to the British Court had been secured by "much British influence." -(Adams to Coxe, May, 1792; Gibbs, ii, 424.) The President gave vitality -to the gossip by talking of the Hamiltonian Federalists as a "British -faction." He should have charged it publicly and formally or else kept -perfectly silent. He did neither, and thus only enraged his foe within -the party without getting the advantage of an open and aggressive -attack. (See Steiner, footnote 3, to 468.) - -[1187] Phelps to Wolcott, July 15, 1800; relating Noah Webster's -endorsement of Adams's opinions; Gibbs, ii, 380. - -[1188] Ames to Wolcott, Aug. 3, 1800; Gibbs, ii, 396. - -[1189] In the summer of 1800, Jefferson dined with the President. Adams -was utterly unreserved to the Republican leader. After dinner, General -Henry Lee, also a guest, remonstrated with the President, who responded -that "he believed Mr. Jefferson never had the ambition, or desire to -aspire to any higher distinction than to be his [Adams's] first -Lieutenant." (Lee to Pickering, 1802; Pickering MSS., Mass. Hist. Soc.; -also partly quoted in Gibbs, ii, 366; and see Ames to Wolcott, June 12, -1800; Gibbs, ii, 368; and to King, Sept. 24, 1800; King, iii, 304.) - -[1190] Ames to Pickering, Nov. 5, 1799; _Works_: Ames, i, 261. - -[1191] Ames to Gore, Nov. 10, 1799; _ib._, 265. - -[1192] Ames to Gore, Nov. 10, 1799; Ames, i, 268. - -[1193] Cabot to Wolcott, June 14, 1800; Lodge: _Cabot_, 274. - -[1194] Jefferson to Granger, Aug. 13, 1800; _Works_: Ford, ix, 138-41; -and see Jefferson to Gerry, January 26, 1799; _ib._, 17-19. - -[1195] "The Jacobins and the half federalists are ripe for attacking the -permanent force, as expensive, and unnecessary, and dangerous to -liberty." (Ames to Pickering, Oct. 19, 1799; _Works_: Ames, i, 258.) - -[1196] "In my lengthy journey through this State [Pennsylvania] I have -seen many, very many Irishmen and with very few exceptions, they are -United Irishmen, Free Masons, and the most God-provoking Democrats on -this side of Hell," who, "with the joy and ferocity of the damned, are -enjoying the mortification of the few remaining honest men and -Federalists, and exalting their own hopes of preferment, and that of -their friends, in proportion as they dismiss the fears of the -gallows.... The Democrats are, without doubt, increasing." (Uriah Tracy -to Wolcott, Aug. 7, 1800; Gibbs, ii, 399.) - -[1197] Huntington to Wolcott, Aug. 6, 1800; _ib._, 398. - -[1198] Ames to Wolcott, June 12, 1800; _ib._, 369. - -[1199] McHenry to Wolcott, July 22, 1800; Steiner, 462. "Your very wise -political correspondents will tell you anything sooner than the truth. -For not one of them will look for anything but profound reasons of state -at the bottom of the odd superstructure of parties here. There is -nothing of the kind at the bottom." (Ames to King, Aug. 19, 1800; King, -iii, 294.) - -[1200] The Republicans were making much political capital out of the -second mission. They had "saved the country from war," they said, by -forcing Adams to send the envoys: "What a roaring and bellowing did this -excite among all the hungry gang that panted for blood only to obtain -pelf in every part of the country." (_Aurora_, March 4, 1800.) - -[1201] Goodrich to Wolcott, Aug. 26, 1800; Gibbs, ii, 412. - -[1202] _Am. St. Prs., For. Rel._, ii, 325. - -[1203] Republican success in the approaching election. - -[1204] Marshall to Adams, July 21, 1800; Adams MSS. - -[1205] Marshall to Hamilton, Aug. 23, 1800; _Works_: Hamilton, vi, 460. - -[1206] A Republican victory. - -[1207] Marshall to Adams, Aug. 25, 1800; Adams MSS. - -[1208] Adams to Marshall, Sept. 4 and 5, 1800; _Works_: Adams, ix, -80-82. - -[1209] Marshall to Adams, Sept. 17, 1800; Adams MSS. The "retrograde -steps" to which Marshall refers were the modification of the French -_arrêts_ and decrees concerning attacks on our commerce. - -[1210] Marshall to Tinsley, Sept. 13, 1800; MS., Mass. Hist. Soc. - -[1211] Marshall, ii, 438. - -[1212] _Am. St. Prs., For. Rel._, ii, 342 _et seq._ - -[1213] Gunn to Hamilton, Dec. 18, 1800; _Works_: Hamilton, vi, 492; and -Rutledge to Hamilton, Jan. 10, 1801; _ib._, 511; Ames to Gore, Nov. 10, -1799; _Works_: Ames, i, 265. - -[1214] Hamilton to Sedgwick, Dec. 22, 1800; _Works_: Lodge, x, 397; -also, to Morris, Dec. 24, 1800; _ib._, 398. - -[1215] Marshall to Hamilton, Jan. 1, 1801; _Works_: Hamilton, vi, -502-03; and see Brown: _Ellsworth_, 314-15. The principal American -demand was compensation for the immense spoliation of American commerce -by the French. The treaty not only failed to grant this, but provided -that we should restore the French ships captured by American vessels -during our two years' maritime war with France, which, though formally -undeclared, was vigorous and successful. "One part of the treaty -abandons all our rights, and the other part makes us the dupes of France -in the game she means to play against the maritime power of England.... -We lose our honor, by restoring the ships we have taken, and by so -doing, perhaps, make an implicit acknowledgment of the injustice of our -hostile operations." (Rutledge to Hamilton, Jan. 10, 1801; _Works_: -Hamilton, vi, 511.) - -[1216] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan, -121. - -[1217] Gallatin to his wife, Feb. 5, 1801; Adams: _Gallatin_, 259. - -[1218] _Ib._, 254. - -[1219] Ames to Gore, Dec. 29, 1800; reviewing political events of the -year; _Works_: Ames, i, 286-87. - -[1220] Hamilton to Wolcott, Aug. 3, 1800; _Works_: Lodge, x, 383; and -Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 400. - -[1221] Hamilton to Wolcott, Sept. 26, 1800; _Works_: Lodge, x, 389 (also -in Gibbs, ii, 422); and see same to same, Aug. 3, 1800; _Works_: Lodge, -x, 883. - -[1222] Troup to King, Oct. 1, 1800; King, iii, 315. - -[1223] _Aurora_, May 20, 1800. - -[1224] Sedgwick to King, Sept. 26, 1800; King, iii, 309. - -[1225] Ames to Hamilton, Aug. 26, 1800; _Works_: Hamilton, vi, 463; also -Cabot to Hamilton, Aug. 21, 1800; ib., 458; and Aug. 23, 1800; _ib._, -460 (also in Lodge: _Cabot_, 284-88); and to Wolcott, Aug. 23, 1800; -Lodge: _Cabot_, 288-89. - -The local politicians were loyal to the President; Ames bitterly -complains of "the small talk among the small politicians, about -disrespect to the President, &c., &c." (Ames to Pickering, Nov. 23, -1799; _Works_: Ames, i, 272.) - -[1226] Hamilton to Adams, Aug. 1, 1800; _Works_: Lodge, x, 382; and same -to same, Oct. 1, 1800; _ib._, 390. Wolcott supplied most of the material -and revised Hamilton's manuscript. (Wolcott to Hamilton, Oct. 1, 2, -1800; _Works_: Hamilton, vi, 470-71.) For entire attack see Hamilton: -"Public Conduct and Character of John Adams"; _Works_: vii, 687-726 -(also in _Works_: Lodge, vii, 309-65.) - -[1227] Parton: _Burr_, 256-57; Davis: _Burr_, ii, 65 _et seq._ - -[1228] "This pamphlet has done more mischief to the parties concerned -than all the labors of the _Aurora_!" (Duane to Collot; Parton: _Burr_, -258.) - -[1229] "Our friends ... lamented the publication.... Not a man ... but -condemns it.... Our enemies are universally in triumph.... His -[Hamilton's] usefulness hereafter will be greatly lessened." (Troup to -King, Nov. 9, 1800; King, iii, 331.) "All ... blame ... Mr. Hamilton." -(Carroll to McHenry, Nov. 4, 1800; Steiner, 476.) - -Some Federalist politicians, however, observed Hamilton's wishes. For -example: "You must at all events secure to the Genr. [Pinckney] a -majority in Cong., it may there be done with _safety_, his success -depends on the accomplishment of this measure. You know a friend of ours -who can arrange this necessary business with the utmost perfect -suavity." (Dickinson to McHenry, Oct. 7, 1800; Steiner, 471.) - -Again Dickinson writes of "the absolute necessity of obtaining a -_majority_ (if it should only be by a _single_ vote) in Cong. to favor -the man who interests us most" and hopes "Hamilton's publication ... -will produce the desired effect." (Oct. 31, 1800; _ib._, 472.) - -[1230] _Washington Federalist_, Nov. 29, 1800. - -[1231] For instance see the _Aurora's_ editorial on women in the army, -January 14, 1800; and see titles of imaginary books editorially -suggested for use by the various Federalist leaders, especially -Hamilton, Harper, and Gouverneur Morris, in _ib._, May 10, 1800. On -August 21 it described some Federalist leaders as "completely bankrupt -of character as well as fortune." - -Although it did not equal the extravagance of the Republican newspapers, -the Federalist press was also violent. See, for instance, a satirical -poem "by an Hibernian and an Alien" in the _Alexandria Advertiser_, -reprinted in the _Washington Federalist_ of February 12, 1801, of which -the last verse runs:-- - - "With J[effer]son, greatest of men, - Our President next we will dash on. - Republican marriages then, - And drowning boats will be in fashion. - Co-alitions, tri-color we'll form - 'Twixt white Men, Mulattos, and Negroes. - The banks of the treasury we'll storm-- - Oh! how we'll squeeze the old Quakers, - _Philosophy is a fine thing_!" - -The familiar campaign arguments were, of course, incessantly reiterated -as: "The Government" cost only "FIVE MILLION dollars ... before the -British treaty"; now it costs "FIFTEEN MILLIONS. Therefore every man who -paid _one dollar_ taxes then pays _three_ dollars now." (_Aurora_, Oct. -30, 1800.) - -[1232] Ames to Pickering, Nov. 5, 1799; _Works_: Ames, i, 264. - -[1233] Ames to Dwight, March 19, 1801; _ib._, 294. - -[1234] Webster to Wolcott, June 23, 1800; Gibbs, ii, 374. - -[1235] The _Washington Federalist_, Jan. 12, 1801, charged that, in -Virginia, public money was used at the election and that a resolution to -inquire into its expenditures was defeated in the Legislature. - -[1236] Charles Pinckney to Jefferson, Oct. 12, 1800; _Amer. Hist. Rev._, -iv, 117. For election arguments and methods see McMaster, ii, 499 _et -seq._ - -[1237] Adams to Marshall, Sept. 27, 1800; _Works_: Adams, ix, 85; and -see Graydon, footnote to 362. - -[1238] Adams to Marshall, Sept. 30, 1800; Adams MSS. - -[1239] Marshall to Adams, without date; Adams MSS. - -[1240] Adams MSS. Marshall wrote two speeches for Adams. Both are in -Marshall's handwriting. The President selected and delivered the one -which appears in Adams's _Works_ and in Richardson. The undelivered -speech was the better, although it was written before the French treaty -arrived, and was not applicable to the state of our relations with -France when Congress convened. Marshall also wrote for Adams the two -brief separate addresses to the Senate and the House. (_Ib._) - -[1241] The original manuscripts of these speeches, in Marshall's -handwriting, are in the Adams MSS. They are notable only as an evidence -of Adams's confidence in Marshall at this, the most irritating period of -his life. - -[1242] Beard: _Econ. O. J. D._, chap. xiii. - -[1243] When it was certain that Adams had been defeated, "Solon," in the -_Washington Federalist_ of Jan. 9, 1801, thus eulogized him:-- - -"The die is cast!... Our beloved ADAMS will now close his bright -career.... Immortal sage! May thy counsels continue to be our saving -Angel! Retire and receive ... the ... blessings of all _good_ men.... - -"Sons of faction [party]! demagogues and high priests of anarchy, now -have you cause to triumph. Despots and tyrants! now may you safely -pronounce 'ingratitude is the common vice of all republics. Envy and -neglect are the only reward of superior merit. Calumny, persecution and -banishment are the laurels of the hoary patriot.'... - -"... We have to contend ... for national existence. Magistrates and -rulers, be firm.... Our constitution is our last fortress. Let us -entrench it against every innovation. When this falls, our country is -lost forever." - -This editorial, as well as all political matter appearing in the -_Washington Federalist_ during 1800-01, is important because of -Marshall's reputed influence over that paper. (See _infra_, 541.) - -At news of Jefferson's success the leading Federalist journal declared -that some Republicans in Philadelphia "huzzaed until they were seized -with lockjaw ... and three hundred are now drunk beyond hope of -recovery. Gin and whiskey are said to have risen in price 50 per cent -since nine o'clock this morning. The bells have been ringing, guns -firing, dogs barking, cats meuling, children crying, and jacobins -getting drunk, ever since the news of Mr. Jefferson's election arrived -in this city." (_Gazette of the United States_, Feb. 19, 1801.) - -[1244] At that time, the presidential electors did not vote for a -Vice-President, but only for President. The person receiving the largest -number of electoral votes became President and the one for whom the -second largest number of votes were cast became Vice-President. When -Jefferson and Burr each had seventy-three votes for President, the -election was thrown into the House of Representatives. - -Thus, although, in casting their ballots for electors, the people really -voted for Jefferson for President and for Burr for Vice-President, the -equal number of votes received by each created a situation where it was -possible to defeat the will of the people. Indeed, as appears in the -text, that result was almost accomplished. It was this constitutional -defect that led to the Twelfth Amendment which places the election of -President and Vice-President on its present basis. (See "The Fifth Wheel -in our Government"; Beveridge: _Century Magazine_, December, 1909.) - -[1245] Jefferson to Burr, Dec. 15, 1800; _Works_: Ford, ix, 155. - -[1246] "Jefferson & Burr have each 73 votes and ... the Democrats are in -a sweat." (Uriah Tracy to McHenry, Dec. 30, 1800; Steiner, 483.) - -[1247] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 158. - -[1248] Jefferson to Breckenridge, Dec. 18, 1800; _ib._, 157. - -[1249] Hamilton to Wolcott, Dec. 16, 1800; _Works_: Lodge, x, 392. - -[1250] See these letters in _ib._, 392 _et seq._; and to Bayard, Jan. -16, 1801; _ib._, 412 (also in _Works_: Hamilton, vi, 419, but misplaced -and misdated). - -[1251] Hindman to McHenry, Jan. 17, 1801; Steiner, 489-90; and see -Carroll to Hamilton, April 18, 1800; _Works_: Hamilton, vi, 434-35. - -The _Washington Federalist_, even when the balloting was in progress, -thus stimulated the members of its party in the House: "_Unworthy_ -will he be and consecrate his name to infamy, who ... has hitherto -opposed ... Mr. Jefferson ... and shall now meanly and inconsistently -lend his aid to promote it [Jefferson's election].... Will they confer -on Mr. Jefferson the Federal suffrage in reward for the calumnies he -has indiscriminately cast upon the Federal character; or will they -remunerate him ... for the very honorable epithets of _pander, to the -whore of England, 'timid men, office hunters, monocrats, speculators and -plunderers'_ which he has missed no opportunity to bestow upon them." -(_Washington Federalist_, Feb. 12, 1801.) - -[1252] Hamilton to Wolcott, Dec. 17, 1800; _Works_: Lodge, x, 395. - -[1253] Jefferson rightly attributed to Burr Republican success in the -election. "He has certainly greatly merited of his country, & the -Republicans in particular, to whose efforts his have given a chance of -success." (Jefferson to Butler, Aug. 11, 1800; _Works_: Ford, ix, 138.) - -[1254] Sedgwick to Hamilton, Jan. 10, 1800; _Works_: Hamilton, vi, -511-14; Cabot to Hamilton, Aug. 10, 1800; _ib._, 453 (also in Lodge: -_Cabot_, 284); Hindman to McHenry, Jan. 17, 1801; Steiner, 489-90; -Morris to Hamilton, Jan. 5, 1801; Morris, ii, 398; and same to same, -Jan. 26, 1801; _ib._, 402 (also in _Works_: Hamilton, vi, 503); Carroll -to McHenry, Nov. 4, 1800; Steiner, 473-76; Rutledge to Hamilton, Jan. -10, 1801; _Works_: Hamilton, vi, 510. - -[1255] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan, -121. - -[1256] Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 524. - -[1257] Tracy to McHenry, Jan. 15, 1801; Steiner, 488-99; and see Bayard -to Andrew Bayard, Jan. 26, 1801; _supra_. - -[1258] Hamilton to Wolcott, Dec. 16, 1800; _Works_: Lodge, x, 392. - -[1259] Wolcott to Hamilton, Dec. 25, 1800; _Works_: Hamilton, vi, 498. - -[1260] See Chief Justice Ellsworth's statement of the conservative -opinion of Jefferson. (Brown: _Ellsworth_, 324-25.) - -[1261] Jefferson to Mazzei, April 24, 1796; _Works_: Ford, viii, 237-41. -The letter as published in America, although it had undergone three -translations (from English into Italian, from Italian into French, and -from French into English again), does not materially differ from -Jefferson's original. - -It greatly angered the Federalist leaders. Jefferson calls the -Federalists "an Anglican, monarchical & aristocratical party." The -Republicans had "the landed interests and men of talent"; the -Federalists had "the Executive, the Judiciary," the office-holders and -office-seekers--"all timid men who prefer the calm of despotism to the -boisterous sea of liberty, British merchants & Americans trading on -British capital, speculators & holders in the banks & public funds, a -contrivance invented for the purposes of corruption," etc. - -Jefferson thus refers to Washington: "It would give you a fever were I -to name to you the apostates who have gone over to these heresies, men -who were Samsons in the field & Solomons in the council, but who have -had their heads shorn by the whore England." It was this insult to -Washington which Marshall resented most bitterly. - -Jefferson must have known that Mazzei would probably publish this -letter. Writing at Paris, in 1788, of Mazzei's appointment by the French -King as "intelligencer," Jefferson said: "The danger is that he will -overact his part." (Jefferson to Madison, July 31, 1788; _Works_: Ford, -v, 425.) - -The Republicans frankly defended the Mazzei letter; both its facts and -"predictions" were correct, said the _Aurora_, which found scarcely "a -line in it which does not contain something to admire for elegance of -expression, striking fact, and profound and accurate penetration." -(_Aurora_, May 26, 1800.) - -[1262] Marshall to Hamilton, January 1, 1801; _Works_: Hamilton, vi, -501-03. - -[1263] Following is a list of the annual salaries of different -officers:-- - - President $25,000 - Vice-President 5,000 - Chief Justice 4,000 - Associate Justices 3,500 - Attorney-General 1,500 - Secretary of the Treasury 3,500 - Secretary of State 3,500 - Secretary of War 3,000 - (_Annals_, 1st Cong., 1st Sess., Appendix, 2233-38.) - -[1264] At the very beginning of the movement in his favor, Burr refused -to encourage it. "Every man who knows me ought to know that I disclaim -all competition. Be assured that the Federalist party can entertain no -wish for such a change.... My friends would dishonor my views and insult -my feelings by a suspicion that I would submit to be instrumental in -counteracting the wishes and expectations of the United States. And I -now constitute you my proxy to declare these sentiments if the occasion -shall require." (Burr to Smith, Dec. 16, 1800; _Washington Federalist_, -Dec. 31, 1800.) - -[1265] Pickering to King, Jan. 5, 1801; King, iii, 366. - -[1266] See _Aurora_, Jan. 21, 1801. - -[1267] "Lucius," of Fredericksburg, Virginia, in the _Washington -Federalist_, Jan. 21, 25, and Feb. 6, 1801. - -The following extracts from the first of these articles reveal the -temper and beliefs of the Federalists: "Burr never _penned_ a -declaration of independence; ... but he ... has _engraved that -declaration_ in _capitals_ with the point of his sword: It is yet -_legible_ on the _walls of Quebeck_. He has _fought_ for that -_independency_, for which Mr. _Jefferson_ only _wrote_. _He_ has -gallantly exposed his life in support of that declaration and for the -_protection_ of its _penn-man_. He has been _liberal_ of his _blood_, -_while_ Mr. _Jefferson_ has _only hazarded_ his _ink_.... - -"_He never shrank from the post of danger._ _He_ is _equally fitted for_ -service in the _field_ and in the _public counsels_: He has been _tried_ -in _both_: in the one we have seen him _an able and distinguished -Senator_;--in the _other_ a _brave_ and _gallant officer_.... - -"_Mr. Jefferson_ is better qualified to give the description of a -butterfly's wing or to write an essay on the bones of the Mammouth; ... -but Mr. Burr ... in ... knowledge ... necessary to form the _great and -enlightened statesman_, is _much superior_ to Mr. Jefferson.... - -"Mr. Burr is not ... _consecrated_ to the _French_; ... nor has he -unquenchable hatred to ... Great Britain. Unlike the _penn-man_ of the -declaration he feels the _full force_ of the expression, 'in _war -enemies_, in _peace friends_'... Mr. Burr ... will _only_ consult -_national honor_ and _national_ happiness, having no improper passions -to gratify. - -"Mr. Burr is ... a friend of the Constitution ... a friend of the -commercial interests ... the firm and decided friend of the _navy_ ... -the _Eastern_ States have had a President and Vice President; So have -the _Southern_. It is proper that the _middle_ states should also be -respected.... - -"Mr. Burr has never procured or encouraged those infamous Calumnies -against those who have filled the Executive departments ... which we -long have witnessed: Nor have those polluted _Sinks_, the Aurora, the -Argus, the Press, the Richmond Examiner, and the like, poured forth -their _impure_ and _foetid streams_ at the influence of Mr. Burr, or -to subserve his vanity or his ambition. - -"If Mr. Burr is elected, the _Federalists_ have nothing to _fear_.... -The vile calumniators ... of all who have ... supported our government, -and the _foreign incendiaries_, who, having no interest in _Heaven_, -have called _Hell_ to their assistance, ... from Mr. Burr have nothing -to _hope_.... - -"Mr. Burr can be raised to the Presidency without any _insult_ to the -feelings of the Federalists, the friends of Government; ... WITHOUT an -_insult_ to the _Memory_ of _our_ Washington; for it was not by Mr. -_Burr_, nor was it by _his_ friends, nor to _serve him that the great, -the good, the immortal_ Washington was charged with having, by his name, -given a sanction to corruption, with being meanly jealous of the fame of -even that contemptible wretch Tom Paine, with being an unprincipled -Hypocrite and with being a foul murderer! a murderer under circumstances -of such peculiar atrocity as to shock with horror the merciless savages, -and to cause them indignantly to fly from his blood polluted banner!" - -[1268] "John Marshall ... is the reputed author of a great part of the -[rubbish] in the Washington Federalist." (Scots Correspondent -[Callender] in _Richmond Examiner_, Feb. 24, 1801.) There is no proof of -Callender's assertion; but some of the matter appearing in the -_Washington Federalist_ is characteristic of Marshall's style and -opinions. See, for instance, the editorial on the prosecution of -Theodore Dwight, denouncing "party spirit" (_Washington Federalist_, -March 1, 1801). The _Aurora_ of March 26, 1801, denounced "John -Marshall's Federal Gazette at Washington." - -[1269] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_: -Hamilton, iii, 256. An article signed "Horatius" in the _Washington -Federalist_ of Jan. 6, 1801, stated this position with great ability. -The argument is able and convincing; and it is so perfectly in -Marshall's method of reasoning and peculiar style of expression that his -authorship would appear to be reasonably certain. - -"Horatius's" opinion concluded that the power of Congress "is completely -adequate ... to provide by law for the vacancy that may happen by the -removal of both President and Vice President on the 3d of March next, -and the non-election of a successor in the manner prescribed by the -constitution." - -[1270] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_: -Hamilton, iii, 256. - -[1271] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161-62. - -[1272] "Hortensius" to John Marshall, Secretary of State, in the -_Richmond Examiner_; reprinted in the _Aurora_, Feb. 9, 1801. George -Hay, the writer of this letter, was a lawyer in Richmond. Jefferson -appointed him United States Attorney for the District of Virginia, and, -as such, he conducted the prosecution of Aaron Burr for treason before -John Marshall, who, as Chief Justice of the United States, presided at -the trial. (See vol. III of this work.) - -Marshall was again attacked in two open letters, signed "Lucius," in the -_Richmond Examiner_, Feb. 10, 13, 1801. His reported opinion, said -"Lucius," alarmed "the active friends of freedom"; Marshall was "the -Idol of his party" and knew the influence of his views: unless he -publicly disclaimed the one now attributed to him, "Lucius" proposed to -"unveil" Marshall's "motives" and "expose" him "uncovered to the sight -of the people"--his "depravity shall excite their odium," etc. -"Lucius's" attacks ended with Jefferson's election. - -[1273] The paper criticized "the intemperate counsel of a certain _would -be attorney-general_ of the United States (George Hay, _Esq._ of the -antient dominion) ... under the signature of Hortensius, and addressed -to General Marshall, in consequence of a lie fabricated against him -relative to an opinion said to have been given by him upon the late -presidential election, which the honorable attorney knew to be a lie as -well as we did, but was fearful of being forgot, and despaired of -getting a better opportunity to shew himself!!!" (_Washington -Federalist_, Feb. 12, 1801.) - -[1274] Jefferson to Monroe, Feb. 15, 1801; _Works_: Ford, ix, 178-79; -and see Jefferson to McKean, March 9, 1801; _ib._, 206. - -[1275] Jefferson to Madison, Feb. 18, 1801; _ib._, 182. - -[1276] Monroe to Hoomes, Feb. 14, 1801; Monroe's _Writings_: Hamilton, -iii, 259; and Monroe to Nicholas, Feb. 18, 1801; _ib._, 260. - -[1277] For these incidents and reports see Gallatin to his wife, May 8, -1801; Adams: _Gallatin_, 249. - -[1278] Thus, for example, the _Washington Federalist_ of Feb. 12, 1801, -after the House had balloted "upwards of 30 times":-- - -"But say the bold and impetuous partisans of Mr. Jefferson, and that, -too, _in the Teeth of the Assembled Congress of America_--'_Dare_ to -designate any officer whatever, even temporarily, to administer the -government in the event of a non-agreement on the part of the House of -Representatives, and we will march and _dethrone him as an usurper_. -_Dare_ (_in fact_) to exercise the right of opinion, and place in the -presidential chair any other than the philosopher of Monticello, and ten -thousand republican _swords will instantly leap from their scabbards_, -in defence of the violated rights of the _People_!!! - -"Can our Countrymen be caught by so flimsy a pretext? - -"Can it possibly interest either their feelings or their judgment? - -"Are they, then, ripe for civil war, and ready to imbrue their hands in -kindred blood? - -"If the tumultuous meetings of a set of factious foreigners in -Pennsylvania or a few _fighting_ bacchanals of Virginia, mean the -_people_, and are to dictate to the Congress of the United States whom -to elect as President--if the constitutional rights of this body are so -soon to become the prey of anarchy and faction--... it would be prudent -to prepare for the contest: the woeful experiment if tried at all could -never be tried at a more favorable conjuncture! - -"With the militia of Massachusetts consisting of 70,000 (_regulars let -us call them_) in arms--with those of New Hampshire and Connecticut -united almost to a man, with half the number at least of the citizens of -eleven other States ranged under the federal banner in support of the -Constitution, what could Pennsylvania aided by Virginia--the militia of -the latter untrained and farcically performing the manual exercise with -_corn-stalks_ instead of muskets--... What, may it be asked, would be -the issue of the struggle?" - -[1279] "The means existed of electing Burr, but this required his -co-operation. By deceiving one man (a great blockhead) and tempting two -(not incorruptible) he might have secured a majority of the States." -(Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 522-24.) - -"The Federalists were confident at first, they could debauch Col. -B.[urr].... His conduct has been honorable and decisive, and greatly -embarrasses them." (Jefferson to his daughter, Jan. 4, 1801; _Works_: -Ford, ix, 166.) - -[1280] "I was enabled soon to discover that he [Burr] was determined not -to shackle himself with federal principles.... When the experiment was -fully made, and acknowledged upon all hands, ... that Burr was resolved -not to commit himself, ... I came out ... for Jefferson." (Bayard to -Hamilton, March 8, 1801; _Works_: Hamilton, vi, 523.) - -[1281] The Federalist managers were disgusted with Burr because he -refused to aid them in their plot to elect him. "Burr has acted a -miserable paultry part," writes Bayard. "The election was in his power, -but he was determined to come in as a Democrat.... We have been -counteracted in the whole business by letters he has written to this -place." (Bayard to Bassett, Feb. 16, 1801; _Bayard Papers_: Donnan; -126.) - -Burr had not "used the least influence" to be elected. (Bayard's -Deposition; Davis: _Burr_, ii, 127.) - -"_Had Burr done anything, for himself, he would, long ere this, have -been President._" (Cooper to Morris, Feb. 13, 1801; Davis: _Burr_, ii, -113.) - -[1282] Depositions of Bayard and Smith, in Gillespie _vs._ Smith; -Randall, ii, 613-17; and Davis: _Burr_, ii, 135-37; also Baer to Bayard, -April 19, 1830; _ib._, 118; and see Bayard's account; Remarks in the -Senate, Jan. 31, 1835; also, Bayard to McLane, Feb. 17, 1801; _Bayard -Papers_: Donnan, 126 _et seq._ - -In his "Anas" (_Works_: Ford, i, 392-93) Jefferson flatly denied his -deal with the Federalists, and this, afterwards, provoked much -controversy. It now is established that the bargain was made. See -Professor McMaster's conclusion: "The price settled ... the Republicans -secured ten states." (McMaster, ii, 526.) - -[1283] For accounts by participants in this exciting and historic -contest, see Gallatin's letters to his wife and to Nicholson from Feb. 5 -to Feb. 19, 1801; Adams: _Gallatin_, 257-63; Dana to Wolcott, Feb. 11, -1801; Gibbs, ii, 489-90; Bayard to several friends, Feb. 22, 1801; -_Bayard Papers_, _supra_. - -[1284] Jefferson to Madison, Feb. 18, 1801; _Works_: Ford, ix, 183. - -[1285] After Jefferson's election, for many days the _Washington -Federalist_ carried in italics at the head of its editorial columns a -sentiment characteristic of Marshall: "_May he discharge its duties in -such a manner as to merit and receive the blessings of all good men and -without redding the cheek of the American Patriot with blushes for his -country!!!_" - -[1286] Gallatin to his wife, Feb. 17, 1801; Adams: _Gallatin_, 262. - -[1287] Adams to Congress, Dec. 3, 1799; _Annals_, 6th Cong., 1st Sess., -187-88; and Richardson, i, 289. Yet at this period the business of the -courts was actually decreasing. (See Brown: _Ellsworth_, 198.) But the -measure was demanded by the bar generally and insisted upon by the -Justices of the Supreme Court. (See Gibbs, ii, 486.) - -[1288] Adams to Congress, Dec. 3, 1799; as written by Marshall; Adams -MSS. - -[1289] Gunn to Hamilton, Dec. 13, 1800; _Works_: Hamilton, vi, 483. - -[1290] The Federalist attitude is perfectly expressed in the following -toast drunk at a banquet to Wolcott, attended by "the heads of -departments" and the Justices of the Supreme Court: "_The Judiciary of -the United States! Independent of party, independent of power and -independent of popularity._" (_Gazette of the United States_, Feb. 7, -1801.) - -[1291] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 316. - -[1292] _Annals_, 6th Cong., 1st Sess., Dec. 19, 837-38. - -[1293] _Richmond Examiner_, Feb. 6, 1801. - -[1294] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 159. The -Republicans were chiefly alarmed because, in the extension of the -National Judiciary, offices would be provided for Federalists. Even -Jefferson then saw nothing but patronage in the Judiciary Act. - -The "evident" purpose of the bill, said the _Aurora_, Feb. 4, 1801, was -to "increase the influence of the present Executive and provide a -_comfortable retreat_ for some of those _good federalists_ who have -found it convenient to resign from their offices or been dismissed from -them by the people." - -In comparison to this objection little attention was paid to the more -solid ground that the National Judiciary would be used to "force the -introduction of the common law of England as a part of the law of the -United States"; or even to the objection that, if the Judiciary was -extended, it would "strengthen the system of terror by the increase of -prosecutions under the Sedition law"; or to the increase of the -"enormous influence" given the National Courts by the Bankruptcy Law. - -The _Aurora_, March 18, 1801, sounded the alarm on these and other -points in a clanging editorial, bidding "_the people beware_," for "the -hell hounds of persecution may be let loose ... and the people be -ROASTED into implicit acquiescence with every measure of the 'powers -that be.'" But at this time it was the creation of offices that the -Federalists would fill to which the Republicans chiefly objected. - -[1295] Rutledge to Hamilton, Jan. 10, 1801; _Works_: Hamilton, vi, 511. - -[1296] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161. - -[1297] _Annals_, 6th Cong., 1st Sess., 878. - -[1298] _Annals_, 6th Cong., 1st Sess., 879. - -[1299] _Ib._ The person who made this absurd speech is not named in the -official report. - -[1300] _Ib._, 896. - -[1301] _Annals_, 6th Cong., 1st Sess., 897. This curious entry is, -plainly, the work of some person who wished to injure Marshall and Lee. -Nicholas's motion was lost, but only by the deciding vote of the -Speaker. (_Ib._) The bill, as finally passed, limited the jurisdiction -of the National Courts to causes exceeding four hundred dollars. (_Ib._) - -[1302] _Ib._, 900, 901, 903, and 905. - -[1303] _Ib._, 734. - -[1304] _Ib._, 740-41. - -[1305] _Ib._, 741. - -[1306] _Ib._, 742. - -[1307] Adams to Jay, Dec. 19, 1800; _Works_: Adams, ix, 91. - -[1308] Jay to Adams, Jan. 2, 1801; _Jay_: Johnston, iv, 284. Jay refused -the reappointment because he believed the Supreme Court to be fatally -lacking in power. See chap. I, vol. III, of this work. - -[1309] Gunn to Hamilton, Dec. 18, 1800; _Works_: Hamilton, vi, 492. - -[1310] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 159. It -is impossible to imagine what this "something worse" was. It surely was -not Marshall, who was in nobody's mind for the Chief Justiceship when -Jay was named. - -[1311] Pickering to King, Jan. 12, 1801; King, iii, 367. - -[1312] Story, in Dillon, iii, 359. - -[1313] Adams to William Cunningham, Nov. 7, 1808; _Cunningham Letters_, -no. xiv, 44; also mentioned in Gibbs, ii, 349. - -[1314] Gibbs, ii, 349, 350. - -[1315] As we have seen, Marshall's "reading of the science," "fresh" or -stale, was extremely limited. - -[1316] Adams to Boudinot, Jan. 26, 1801; _Works_: Adams, ix, 93-94. -Adams's description of Marshall's qualifications for the Chief -Justiceship is by way of contrast to his own. "The office of Chief -Justice is too important for any man to hold of sixty-five years of age -who has wholly neglected the study of the law for six and twenty years." -(_Ib._) Boudinot's "rumor" presupposes an understanding between -Jefferson and Adams. - -[1317] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan, -122. - -[1318] _Aurora_, Jan. 22, 1801. - -[1319] It is worthy of repetition that practically all the emphasis in -their attacks on this act was laid by the Republicans on the point that -offices were provided for Federalists whose characters were bitterly -assailed. The question of the law's enlargement of National power was, -comparatively, but little mentioned; and the objections enlarged upon in -recent years were not noticed by the fierce partisans of the time. - -[1320] _Aurora_, Feb. 3, 1801. - -[1321] _Baltimore American_; reprinted in the _Aurora_, April 2, 1801. - -[1322] _Richmond Examiner_, Feb. 6, 1801. - -[1323] Marshall's nomination was confirmed January 27, 1801, a week -after the Senate received it. Compare with the Senate's quick action on -the nomination of Marshall as Secretary of State, May 12, 1800, -confirmed May 13. (Executive Journal of the Senate, iii.) - -[1324] Adams to Dexter, Jan. 31, 1801; _Works_: Adams, ix, 95-96. - -[1325] Marshall to Adams, Feb. 4, 1801; _ib._, 96. - -[1326] Adams to Marshall, Feb. 4, 1801; _ib._, 96. - -[1327] Same to same, Feb. 4, 1801; _ib._, 96-97. - -[1328] Jay held both offices for six months. - -[1329] Auditor's Files, Treasury Department, no. 12, 166. This fact is -worthy of mention only because Marshall's implacable enemies intimated -that he drew both salaries. He could have done so, as a legal matter, -and would have been entirely justified in doing so for services actually -rendered. But he refused to take the salary of Secretary of State. - -[1330] Ames to Smith, Feb. 16, 1801; _Works_: Ames, i, 292. - -[1331] Marshall to Wolcott, Feb. 24, 1801; Gibbs, ii. 495. - -[1332] Wolcott to Marshall, March 2, 1801; Gibbs, ii, 496. - -[1333] The irresponsible and scurrilous Callender, hard-pressed for some -pretext to assail Marshall, complained of his having procured the -appointment of relatives to the Judiciary establishment. "Mr. John -Marshall has taken particular care of his family," writes Jefferson's -newspaper hack, in a characteristically partisan attack upon Adams's -judicial appointments. (Scots Correspondent, in _Richmond Examiner_, -March 13, 1801.) - -Joseph Hamilton Davies, a brother-in-law of Marshall's, was appointed -United States Attorney for the District of Kentucky; George Keith -Taylor, another brother-in-law, was appointed United States Judge of the -Fourth Circuit; and Marshall's brother, James M. Marshall, was appointed -Assistant Judge of the Territory (District) of Columbia. These -appointments were made, however, before the new Judiciary Act was -passed. (Executive Journal of the Senate, i, 357, 381, 387.) Callender -appears to have been the only person to criticize these appointments. -Even Jefferson did not complain of them or blame Marshall for them. The -three appointees were competent men, well fitted for the positions; and -their appointment, it seems, was commended by all. - -[1334] Jefferson to Rush, March 24, 1801; _Works_: Ford, ix, 231. - -[1335] The Republicans did so later. "This outrage on decency should not -have its effect, except in life appointments [judges] which are -irremovable." (Jefferson to Knox, March 27, 1801; _Works_: Ford, ix, -237.) - -[1336] Parton: _Jefferson_, 585-86. Parton relates this absurd tale on -the authority of Jefferson's great-granddaughter. Yet this third-hand -household gossip has been perpetuated by serious historians. The only -contemporary reference is in the address of John Fowler of Kentucky to -his constituents published in the _Aurora_ of April 9, 1801: "This -disgraceful abuse was continued to the latest hour of the President's -holding his office." The "shameful abuse" was thus set forth: "It -[Judiciary Law of 1801] creates a host of judges, marshalls, attorneys, -clerks, &c, &c, and is calculated, if it could endure, to unhinge the -state governments and render the state courts contemptible, while it -places the courts of law in the hands of creatures of those who have -lost the confidence of the people by their misconduct. The insidiousness -of its design has been equalled only by the shameless manner of its -being carried into execution. The Constitution disables any member of -Congress from filling an office created during his period of service. -The late President [Adams] removed persons from other branches of the -Judiciary, to the offices created by this law & then put members of -Congress into the thus vacated offices.... This law can be considered in -no other light than as providing pensions for the principals and -adherents of a party [Federalist]. The evil however will not I trust be -durable and as it was founded in fraud the return of a wiser system will -release the country from the shame and imposition." (Fowler to his -constituents in the _Aurora_, April 9, 1801.) - -[1337] Jefferson to Rush, March 24, 1801; _Works_: Ford, ix, 230-31; to -Knox, March 27, 1801; _ib._, 237; to Mrs. Adams, June 13, 1804; _ib._, -x, 85. - -[1338] Neither Randall nor Tucker, Jefferson's most complete and -detailed biographers, both partisans of the great Republican, mentions -the Lincoln-Marshall story, although, if it had even been current at the -time they wrote, it is likely that they would have noticed it. - -[1339] Jefferson to Knox, _supra_. - - -END OF VOLUME II - - - - -APPENDIX - - - - -I. LIST OF CASES - - -ARGUED BY MARSHALL BEFORE THE COURT OF APPEALS OF VIRGINIA - - _Case_ _Date_ _Reported_ - - Joseph Cutchin _v._ William - Wilkinson Spring Term, 1797 1 Call, 1 - - William Fairclaim, lessee, _v._ - Richardand Elizabeth Guthrie Spring Term, 1797 1 Call, 5 - - Cabell _et al._ _v._ Hardwick Fall Term, 1798 1 Call, 301 - - Hopkins _v._ Blane Fall Term, 1798 1 Call, 315 - - Pryor _v._ Adams Fall Term, 1798 1 Call, 332 - - Proudfit _v._ Murray Fall Term, 1798 1 Call, 343 - - Harrison _v._ Harrison, _et al._ Fall Term, 1798 1 Call, 364 - - Shaw _et al._ _v._ Clements Fall Term, 1798 1 Call, 373 - - Graves _v._ Webb Fall Term, 1798 1 Call, 385 - - Jones _v._ Jones Fall Term, 1798 1 Call, 396 - - Auditor of Public Accounts _v._ - Graham Fall Term, 1798 1 Call, 411 - - Beverley _v._ Fogg Spring Term, 1799 1 Call, 421 - - Rowe _et al._ _v._ Smith Spring Term, 1799 1 Call, 423 - - Ritchie & Co. _v._ Lyne Spring Term, 1799 1 Call, 425 - - Eckhols _v._ Graham, _et al._ Spring Term, 1799 1 Call, 428 - - Noel _v._ Sale Spring Term, 1799 1 Call, 431 - - Lee _v._ Love & Co. Spring Term, 1799 1 Call, 432 - - Wilson _v._ Rucker Spring Term, 1799 1 Call, 435 - - Garlington _v._ Clutton Spring Term, 1799 1 Call, 452 - - Taliaferro _v._ Minor Spring Term, 1799 1 Call, 456 - - Hacket _v._ Alcock Spring Term, 1799 1 Call, 463 - - Rose _v._ Shore Spring Term, 1799 1 Call, 469 - - Smith _v._ Dyer Spring Term, 1799 1 Call, 488 - - Macon _v._ Crump Spring Term, 1799 1 Call, 500 - - Flemings _v._ Willis _et ux._ Fall Term, 1799 2 Call, 5 - - Eppes, Ex'r, _v._ DeMoville, Adm'r Fall Term, 1799 2 Call, 19 - - Cooke _v._ Simms Fall Term, 1799 2 Call, 33 - - Lawrason, Adm'r _v._ Davenport - _et al._ Fall Term, 1799 2 Call, 79 - - Price _et al._ _v._ Campbell Fall Term, 1799 2 Call, 92 - - Eppes _et al._, Ex'rs, _v._ Randolph Fall Term, 1799 2 Call, 103 - - Taliaferro _v._ Minor Fall Term, 1799 2 Call, 156 - - Anderson _v._ Anderson Fall Term, 1799 2 Call, 163 - - Crump _et al._ _v._ Dudley _et ux._ June, 1790 3 Call, 439 - - Beall _v._ Edmondson June, 1790 3 Call, 446 - - Johnsons _v._ Meriwether July, 1790 3 Call, 454 - - Barrett _et al._ _v._ Floyd _et al._ July, 1790 3 Call, 460 - - Syme _v._ Johnston December, 1790 3 Call, 482 - - Ross _v._ Pynes December, 1790 3 Call, 490 - - Rev. John Bracken _v._ The Visitors - of William and Mary College December, 1790 3 Call, 495 - - Hite _et al._ _v._ Fairfax _et al._ May, 1786 4 Call, 42 - - Pickett _v._ Claiborne October, 1787 4 Call, 99 - - Beall _v._ Cockburn July, 1790 4 Call, 162 - - Hamilton _v._ Maze June, 1791 4 Call, 196 - - Calvert _v._ Bowdoin June, 1791 4 Call, 217 - - Tabb _v._ Gregory April, 1792 4 Call, 225 - - Ross _v._ Gill et ux. April, 1794 4 Call, 250 - - White _v._ Jones October, 1792 4 Call, 253 - - Marshall _et al._ _v._ Clark November, 1791 4 Call, 268 - - Foushee _v._ Lea April, 1795 4 Call, 279 - - Braxton _et al._ _v._ Winslow - _et al._ April, 1791 4 Call, 308 - - Commonwealth _v._ Cunningham & Co. October, 1793 4 Call, 331 - - Johnston _v._ Macon December, 1790 4 Call, 367 - - Hooe _v._ Marquess October, 1798 4 Call, 416 - - Chapman _v._ Chapman April, 1799 4 Call, 430 - - Mayo _v._ Bentley October, 1800 4 Call, 528 - - Turberville _v._ Self April, 1795 4 Call, 580 - - Executors of William Hunter and - the Executors of Herndon _v._ - Alexander Spotswood Fall Term, 1792 1 Wash. 145 - - Stevens _v._ Taliaferro, Adm'r Spring Term, 1793 1 Wash. 155 - - Kennedy _v._ Baylor Spring Term, 1793 1 Wash. 162 - - Baird and Briggs _v._ Blaigove, Ex'r Spring Term, 1793 1 Wash. 170 - - Bannister's Ex'rs _v._ Shore Spring Term, 1793 1 Wash. 173 - - Clayborn, Ex'r _v._ Hill Spring Term, 1793 1 Wash. 177 - - Anderson _v._ Bernard Spring Term, 1793 1 Wash. 186 - - Johnson _v._ Bourn Spring Term, 1793 1 Wash. 187 - - Eustace _v._ Gaskins, Ex'r Spring Term, 1793 1 Wash. 188 - - Wilson and McRae _v._ Keeling Fall Term, 1793 1 Wash. 195 - - Payne, Ex'r, _v._ Dudley, Ex'r Fall Term, 1793 1 Wash. 196 - - Hawkins _v._ Berkley Fall Term, 1793 1 Wash. 204 - - Hooe & Harrison _et al._ _v._ Mason Fall Term, 1793 1 Wash. 207 - - Thweat & Hinton _v._ Finch Fall Term, 1793 1 Wash. 217 - - Brown's Adm'r _v._ Garland _et al._ Fall Term, 1793 1 Wash. 221 - - Jones _v._ Williams & Tomlinson Fall Term, 1793 1 Wash. 230 - - Coleman _v._ Dick & Pat Fall Term, 1793 1 Wash. 233 - - Taylor's Adm'rs _v._ Peyton's - Adm'rs Spring Term, 1794 1 Wash. 252 - - Smith and Moreton _v._ Wallace Spring Term, 1794 1 Wash. 254 - - Carr _v._ Gooch Spring Term, 1794 1 Wash. 260 - - Cole _v._ Clayborn Spring Term, 1794 1 Wash. 262 - - Shermer _v._ Shermer Fall Term, 1794 1 Wash. 266 - - Ward _v._ Webber _et ux._ Fall Term, 1794 1 Wash. 274 - - Applebury _et al._ _v._ - Anthony's Ex'rs Fall Term, 1794 1 Wash. 287 - - Smallwood _v._ Mercer _et al._ Fall Term, 1794 1 Wash. 290 - - Minnis Ex'r, _v._ Philip Aylett Fall Term, 1794 1 Wash. 300 - - Brown's Ex'rs _v._ Putney Fall Term, 1794 1 Wash. 302 - - Leftwitch _et ux._ _v._ Stovall Fall Term, 1794 1 Wash. 303 - - Lee, Ex'r, _v._ Cooke Fall Term, 1794 1 Wash. 306 - - Burnley _v._ Lambert Fall Term, 1794 1 Wash. 308 - - Cooke _v._ Beale's Ex'rs Fall Term, 1794 1 Wash. 313 - - Dandridge _v._ Harris Fall Term, 1794 1 Wash. 326 - - Nicolas _v._ Fletcher Fall Term, 1794 1 Wash. 330 - - Watson & Hartshorne _v._ Alexander Fall Term, 1794 1 Wash. 340 - - Wroe _v._ Washington _et al._ Fall Term, 1794 1 Wash. 357 - - Cosby, Ex'r, _v._ Hite Fall Term, 1794 1 Wash. 365 - - Hewlett _v._ Chamberlayne Fall Term, 1794 1 Wash. 367 - - Pendleton _v._ Vandevier Fall Term, 1794 1 Wash. 381 - - Walden, Ex'r, _v._ Payne Fall Term, 1794 2 Wash. 1 - - James Roy _et al._ _v._ Muscoe - Garnett Fall Term, 1794 2 Wash. 9 - - James Ferguson _et al._ _v._ Moore Spring Term, 1795 2 Wash. 54 - - Currie _v._ Donald Spring Term, 1795 2 Wash. 58 - - Shelton _v._ Barbour Spring Term, 1795 2 Wash. 64 - - Brock _et al._ _v._ Philips Spring Term, 1795 2 Wash. 68 - - Turner _v._ Moffett Spring Term, 1795 2 Wash. 70 - - Turberville _v._ Self Spring Term, 1795 2 Wash. 71 - - Brydie _v._ Langham Spring Term, 1795 2 Wash. 72 - - Bernard _v._ Brewer Fall Term, 1795 2 Wash. 76 - - Philip McRae _v._ Richard Woods Fall Term, 1795 2 Wash. 80 - - Newell _v._ The Commonwealth Fall Term, 1795 2 Wash. 88 - - White _v._ Atkinson Fall Term, 1795 2 Wash. 94 - - Martin & William Picket _v._ James - Dowdall Fall Term, 1795 2 Wash. 106 - - Claiborne _v._ Parrish Fall Term, 1795 2 Wash. 146 - - Brown _et al._ _v._ Adm'r, Thomas - Brown, dec'd Fall Term, 1795 2 Wash. 151 - - Harrison, Ex'r, _v._ Sampson Fall Term, 1795 2 Wash. 155 - - Harvey _et ux._ _v._ Borden Fall Term, 1795 2 Wash. 156 - - Lee _v._ Turberville Fall Term, 1795 2 Wash. 162 - - Jordan _v._ Neilson Fall Term, 1795 2 Wash. 164 - - Ruffin _v._ Pendleton & Courtney Spring Term, 1796 2 Wash. 184 - - Pearpoint _v._ Henry Spring Term, 1796 2 Wash. 192 - - Sarah Walker & Thomas Walker, - Ex'rs, _v._ Thomas Walke[r] Spring Term, 1796 2 Wash. 195 - - Davenport _v._ Mason Spring Term, 1796 2 Wash. 200 - - Lewis Stephens _v._ Alexander White Fall Term, 1796 2 Wash. 203 - - Picket _v._ Morris Fall Term, 1796 2 Wash. 255 - - Booth's Ex'rs _v._ Armstrong Fall Term, 1796 2 Wash. 301 - - - - -II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS OF THE CITIZENS OF RICHMOND, -VIRGINIA - - -I will not, Gentlemen, attempt to describe the emotions of joy which my -return to my native country, and particularly to this city, has excited -in my mind; nor can I paint the sentiments of affection and gratitude -towards you which my heart has ever felt, and which the kind and partial -reception now given me by my fellow citizens cannot fail to increase. He -only who has been ... absent from a much loved country, and from friends -greatly and deservedly esteemed--whose return is welcomed with -expressions, which, di[rec]ted by friendship, surpass his merits or his -ho[pes,] will judge of feelings to which I cannot do justice. - -The situation in which the late Envoys from [the] United States to the -_French Republic_ found themselves in _Paris_ was, indeed, attended with -the unpleasant circumstances which you have traced.--Removed far from -the councils of their country, and receiving no intelligence concerning -it, the scene before them could not fail to produce the most anxious and -disquieting sensations. Neither the ambition, the power, nor the hostile -temper of _France_, was concealed from them; nor could they be -unacquainted with the earnest and unceasing solicitude felt by the -government and people of the _United States_ for peace. But midst these -difficulties, they possessed, as guides, clear and explicit -instructions, a conviction of the firmness and magnanimity, as well as -of the justice and pacific temper of their government, and a strong -reliance on that patriotism and love of liberty, which can never cease -to glow in the American bosom. With these guides, however thorny the -path of duty might be, they could not mistake it. It was their duty, -unmindful of personal considerations, to pursue peace with unabating -zeal, through all the difficulties with which the pursuit was -embarrassed by a haughty and victorious government, holding in perfect -contempt the rights of others, but to repel, with unhesitating decision, -any propositions, an acceptance of which would subvert the independence -of the _United States_.--This they have endeavoured to do. I delight to -believe that their endeavours have not dissatisfied their government or -country, and it is most grateful to my mind to be assured that they -receive the approbation of my fellow-citizens in _Richmond_, and its -vicinity. - -I rejoice that I was not mistaken in the opinion I had formed of my -countrymen. I rejoice to find, though they know how to estimate, and -therefore seek to avoid the horrors and dangers of war, yet they know -also how to value the blessings of liberty and national -independence:--They know that peace would be purchased at too high a -price by bending beneath a foreign yoke, and that peace so purchased -could be but of short duration. The nation thus submitting would be soon -involved in the quarrels of its master, and would be compelled to -exhaust its blood and its treasure, not for its own liberty, its own -independence, or its own rights, but for the aggrandizement of its -oppressor. The modern world unhappily exhibits but too plain a -demonstration of this proposition. I pray heaven that _America_ may -never contribute its still further elucidation. - -Terrible to her neighbors on the continent of _Europe_, as all must -admit _France_ to be, I believe that the _United States_, if indeed -united, if awake to the impending danger, if capable of employing their -whole, their undivided force--are so situated as to be able to preserve -their independence. An immense ocean placed by a gracious Providence, -which seems to watch over this rising empire, between us and the -European world, opposes of itself such an obstacle to an invading -ambition, must so diminish the force which can be brought to bear upon -us, that our resources, if duly exerted, must be adequate to our -protection, and we shall remain free if we do not deserve to be slaves. - -You do me justice, gentlemen, when you suppose that consolation must be -derived from a comparison of the Administration of the American -Government, with that which I have lately witnessed. To a citizen of the -_United States_, so familiarly habituated to the actual possession of -liberty, that he almost considers it as the inseparable companion of -man, a view of the despotism, which borrowing the garb and usurping the -name of freedom, tyrannizes over so large and so fair a proportion of -the earth, must teach the value which he ought to place on the solid -safety and real security he enjoys at home. In support of these, all -temporary difficulties, however great, ought to be encountered, and I -agree with you that the loss of them would poison and embitter every -other joy; and that deprived of them, men who aspire to the exalted -character of freemen, would turn with loathing and disgust from every -other comfort of life. - -To me, gentlemen, the attachment you manifest to the government of your -choice affords the most sincere satisfaction. Having no interests -separate from or opposed to those of the people, being themselves -subject in common with others, to the laws they make, being soon to -return to that mass from which they are selected for a time in order to -conduct the affairs of the nation, it is by no means probable that those -who administer the government of the _United States_ can be actuated by -other motives than the sincere desire of promoting the real prosperity -of those, whose destiny involves their own, and in whose ruin they must -participate. Desirable as it is at all times, a due confidence in our -government, it is peculiarly so in a moment of peril like the present, -in a moment when the want of that confidence must impair the means of -self defence, must increase a danger already but too great, and furnish, -or at least give the appearance of furnishing, to a foreign real enemy, -those weapons, which have so often been so successfully used. - -Accept, gentlemen, my grateful acknowledgments for your kind expressions -concerning myself, and do me the justice to believe, that your -prosperity, and that of the city of _Richmond_ and its vicinity, will -ever be among the first wishes of my heart. - - (From _Columbian Centinel_, Saturday, Sept. 22, 1798.) - - - - -III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL - - -VIRGINIA. Fredericksburg, Oct. 2 - -POLITICAL QUESTIONS - -_Addressed to General_ MARSHALL _with his Answer thereto_ - -To J. MARSHALL, Esq. - - RICHMOND, Sept. 12. - -DEAR SIR, - -Under a conviction that it will be of utility, should the answers to the -following questions be such as I anticipate, I state them with a -confidence of your readiness to give replies. They will, at all events, -greatly satisfy my mind. - -_1st._ Do you not in heart, and sentiment, profess yourself an -American--attached to the genuine principles of the Constitution, as -sanctioned by the will of the people, for their general liberty, -prosperity and happiness? - -_2d._ Do you conceive that the true interest and prosperity of -_America_, is materially, or at all, dependent upon an alliance with any -foreign nation? If you do, please state the causes, and a preference, if -any exists, with the reasons for that preference. - -_3d._ Are you in favor of an alliance, offensive and defensive, with -_Great Britain_? In fine, are you disposed to advocate any other, or a -closer connection with that nation, than exists at the ratification of -the treaty of 1794? If so, please state your reasons. - -_4th._ By what general principles, in your view, have the measures of -our Administration and Government, in respect to _France_, been -consistent with true policy or necessity? And could not the consequences -have been avoided by a different line of conduct on our part? - -_5th._ Are you an advocate for the Alien and Sedition Bills? Or, in the -event of your election, will you use your influence to obtain a appeal -of these laws? - - A FREEHOLDER - - (_Columbian Centinel_, Boston, Mass., Saturday, October 20, 1798.) - - -MARSHALL'S ANSWERS TO FREEHOLDER'S QUESTIONS - - RICHMOND, Sept. 20, '98. - -DEAR SIR:-- - -I have just received your letter of yesterday, [_sic_] and shall with -equal candor and satisfaction, answer all your queries. Every citizen -has a right to know the political sentiments of the man who is proposed -as his representative; and mine have never been of a nature to shun -examination. To those who think another gentleman more capable of -serving the district than myself, it would be useless to explain my -opinions because whatever my opinions may be, they will, and ought, to -vote for that other; but I cannot help wishing that those who think -differently, would know my real principles, and not attribute to me -those I never possessed; and with which active calumny has been pleased -to asperse me. - -_Answ._ 1. In heart and sentiment, as well as by birth and interest, I -am an American, attached to the genuine principles of the constitution, -as sanctioned by the will of the people, for their general liberty, -prosperity and happiness. I consider that constitution as the rock of -our political salvation, which has preserved us from misery, division -and civil wars; and which will yet preserve us if we value it rightly -and support it firmly. - -_2._ I do not think the interest and prosperity of America, at all -dependent on the alliance with any foreign nation; nor does the man -exist who would regret more than myself the formation of such an -alliance. In truth, America has, in my opinion, no motive for forming -such connection, and very powerful motives for avoiding them. Europe is -eternally engaged in wars in which we have no interest; and with which -the fondest policy forbids us to intermeddle. - -We ought to avoid any compact which may endanger our being involved in -them. My sentiments on this subject are detailed at large in the -beginning of the memorial addressed by the late envoys from the United -States to the minister of foreign affairs of the French Republic, where -the neutrality of the United States is justified, and the reasons for -that neutrality stated. - -_3rd._ I am not in favor of an alliance offensive and defensive with -Great Britain nor for closer connection with that nation than already -exists. No man in existence is more decidedly opposed to such an -alliance, or more fully convinced of the evils that would result from -it. I never have, in thought, word, or deed, given the smallest reason -to suspect I wished it; nor do I believe any man acquainted with me does -suspect it. Those who originate and countenance such an idea, may (if -they know me) design to impose on others, but they do not impose on -themselves. - -The whole of my politics respecting foreign nations are reducible to -this single position. We ought to have commercial intercourse with all, -but political ties with none. Let us buy cheap and sell as dear as -possible. Let commerce go wherever individual, and consequently national -interest, will carry it; but let us never connect ourselves politically -with any nation whatever. - -I have not a right to say, nor can I say positively, what are the -opinions of those who administer the Government of the United States; -but I believe firmly that neither the President, nor any one of those -with whom he advises, would consent to form a close and permanent -political connection with any nation upon earth. - -Should France continue to wage an unprovoked war against us, while she -is also at war with Britain, it would be madness and folly not to -endeavor to make such temporary arrangements as would give us the aid of -the British fleets to prevent our being invaded; but I would not, even -to obtain so obvious a good, make such a sacrifice as I think we should -make, by forming a permanent political connection with that, or any -other nation on earth. - -_4th._ The measures of the administration and government of the United -States with respect to France have in my opinion been uniformly directed -by a sincere and unequivocal desire to observe, faithfully, the treaties -existing between the two nations and to preserve the neutrality and -independence of our country.--Had it been possible to maintain peace -with France without sacrificing those great objects, I am convinced that -our government would have maintained it. - -Unfortunately it has been impossible. I do not believe that any -different line of conduct on our part, unless we would have relinquished -the rights of self government, and have become the colonies of France, -could have preserved peace with that nation.--But be assured that the -primary object of France is and for a long time past has been, dominion -over others. This is a truth only to be disbelieved by those who shut -their eyes on the history and conduct of that nation. - -The grand instruments by which they effect this end, to which all their -measures tend, are immense armies on their part, and divisions, which a -variety of circumstances have enabled them to create, among those whom -they wish to subdue. Whenever France has exhibited a disposition to be -just toward the United States, an accurate attention to facts now in -possession of the public, will prove that this disposition was manifest -in the hope of involving us in her wars, as a dependent and subordinate -nation. - -_5th._ I am not an advocate for the alien and sedition bills; had I been -in Congress when they passed, I should, unless my judgment could have -been changed, certainly have opposed them. Yet, I do not think them -fraught with all those mischiefs which many gentlemen ascribe to them. I -should have opposed them because I think them useless; and because they -are calculated to create unnecessary discontents and jealousies at a -time when our very existence, as a nation, may depend on our union-- - -I believe that these laws, had they been opposed on these principles by -a man, not suspected of intending to destroy the government, or being -hostile to it, would never have been enacted. With respect to their -repeal, the effort will be made before I can become a member of -Congress. - -If it succeeds there will be an end of the business--if it fails, I -shall on the question of renewing the effort, should I be chosen to -represent the district, obey the voice of my constituents. My own -private opinion is, that it will be unwise to renew it for this reason: -the laws will expire of themselves, if I recollect rightly the time for -which they are enacted, during the term of the ensuing Congress. I shall -indisputably oppose their revival; and I believe that opposition will be -more successful, if men's minds are not too much irritated by the -struggle about a repeal of laws which will, at the time, be expiring of -themselves. - - J. MARSHALL. - - (From _Times and Virginia Advertiser_, Alexandria, Va., Oct. 11, - 1798.) - - - - -WORKS CITED IN THIS VOLUME - - - - -WORKS CITED IN THIS VOLUME - -_The material given in parentheses and following certain titles -indicates the form in which those titles have been cited in the -footnotes._ - - -ADAMS, CHARLES FRANCIS, _editor_. _See_ Adams, John. Works. - -ADAMS, HENRY. The Life of Albert Gallatin. Philadelphia. 1879. (Adams: -_Gallatin_.) - -_See also_ Gallatin, Albert. Writings. - -ADAMS, JOHN. Works. Edited by Charles Francis Adams. 10 vols. Boston. -1856. (_Works_: Adams.) - ----- Old Family Letters. Copied from the originals for Alexander Biddle. -Philadelphia. 1892. (_Old Family Letters._) - ----- Correspondence between the Honorable John Adams, late President of -the United States, and the late William Cunningham. Boston. 1823. -(_Cunningham Letters._) - - _See also_ Wood, John. History of Administration of John Adams. - -ADAMS, JOHN QUINCY. Writings. Edited by Worthington Chauncey Ford. 5 -vols. New York. 1913. (_Writings, J. Q. A._: Ford.) - -ALLEN, GARDNER WELD. Our Naval War with France. Boston. 1909. (Allen: -_Our Naval War With France_.) - ----- Our Navy and the Barbary Corsairs. Boston. 1905. (Allen: _Our Navy -and the Barbary Corsairs_.) - -AMBLER, CHARLES HENRY. Sectionalism in Virginia, from 1776 to 1861. -Chicago. 1910. (Ambler.) - -_American Historical and Literary Curiosities._ _See_ Smith, John Jay, -and Watson, John Fanning, _joint editors_. - -_American Historical Review._ Managing editor, J. Franklin Jameson. -Vols. 1-21. New York. 1896-1916. (_Amer. Hist. Rev._) - -_American Remembrancer, The_; or An Impartial Collection of Essays, -Resolves, Speeches, &c., Relative, or Having Affinity to, the Treaty -with Great Britain. 3 vols. Philadelphia. 1795. (_American -Remembrancer._) - -_American State Papers._ Documents, Legislative and Executive, of -Congress of the United States. Selected and Edited under the Authority -of Congress. 38 vols. Washington, D.C. 1832-61. [All citations in this -work are from Foreign Relations, Class I, unless otherwise stated in the -notes.] (_Am. St. Prs._) - -AMES, FISHER. Works, from his Speeches and Correspondence. Edited by his -son, Seth Ames. 2 vols. Boston. 1854. (_Works_: Ames.) - -ANDERSON, DICE ROBINS. William Branch Giles: A Study in the Politics of -Virginia and the Nation from 1790 to 1830. Menasha, Wisconsin. 1914. -(Anderson.) - -AUSTIN, JAMES T. The Life of Elbridge Gerry, with Contemporary Letters. -2 vols. Boston. 1828-29. (Austin: _Gerry_.) - -AVERY, ELROY MCKENDREE. A History of the United States and its people. 7 -vols. Cleveland. 1904-10. (Avery.) - - -BASSETT, JOHN SPENCER. The Federalist System, 1789-1801. [Volume 2 of -The American Nation.] New York. 1906. (Bassett.) - -BAYARD, JAMES A. Papers, from 1796 to 1815. Edited by Elizabeth Donnan. -Washington. 1915. [Volume 2 of _Annual Report of the American Historical -Association_ for 1913.] (_Bayard Papers_: Donnan.) - -BEARD, CHARLES A. An Economic Interpretation of the Constitution of the -United States. New York. 1913. (Beard: _Econ. I. C._) - ----- Economic Origins of Jeffersonian Democracy. New York. 1915. (Beard: -_Econ. O. J. D._) - -BEAUMARCHAIS, PIERRE AUGUSTIN CARON DE. Beaumarchais et son temps. _See_ -Loménie, Louis de. - -BEE, THOMAS. Reports of Cases Decided in the District Court of South -Carolina and Cases Determined in Other Districts of the United States. -Philadelphia. 1810. (Bee's _Reports_.) - -BENTON, THOMAS HART. _See_ United States. Congress. Abridgment of the -Debates. - -BINNEY, HORACE. Eulogy on John Marshall, reprinted. _See_ Dillon, John -F. - -BLENNERHASSETT, CHARLOTTE JULIA [VON LEYDEN], _Lady_. Talleyrand. By -Lady Blennerhassett (Gräfin Leyden). Translated from the German by -Frederick Clarke. 2 vols. London. 1894. (Blennerhassett: _Talleyrand_.) - -BONAPARTE, NAPOLEON. Life. _See_ Sloane, William Milligan. - - _Also see_ Lanfrey, Pierre. History of Napoleon First. - -BRACKENRIDGE, HENRY M. History of the Western Insurrection in -Pennsylvania, commonly called the Whiskey Insurrection, 1794. -Pittsburgh. 1859. (Brackenridge: _History of the Western Insurrection_.) - -BRANCH, JOHN P. Historical Papers, issued by the Randolph-Macon College, -Ashland, Virginia. Richmond. 1901. (_Branch Historical Papers._) - -BRISSOT DE WARVILLE, JEAN PIERRE. New Travels in the United States of -America, performed in 1788. Dublin. 1792. (De Warville.) - -BROGLIE, _Duc_ DE, _editor_. _See_ Talleyrand, Prince de. Memoirs. - -BROWN, WILLIAM GARROTT. The Life of Oliver Ellsworth. New York. 1905. -(Brown: _Ellsworth_.) - -BURK, JOHN DALY. The History of Virginia, from its First Settlement to -the Present Day. Continued by Skelton Jones and Louis Hue Girardin. 4 -vols. Richmond. 1804-16. (Burk.) - -BURKE, EDMUND. Works, with a Memoir. 3 vols. New York. 1849. (_Works_: -Burke.) - -BURR, AARON. Memoirs. _See_ Davis, Matthew L. - - _Also see_ Parton, James. Life and Times of Aaron Burr. - - -CABOT, GEORGE. _See_ Lodge, Henry Cabot. Life and Letters of George -Cabot. - -_Calendar of Virginia State Papers and Other Manuscripts._ Preserved in -the Capitol at Richmond. Vols. 1-11. Richmond. 1875-93. (_Cal. Va. St. -Prs._) - -CALLENDER, JOHN THOMAS. The Prospect Before Us. Richmond. 1800. -(Callender: _The Prospect Before Us_.) - -CHANNING, EDWARD. A History of the United States. [Vols. 1-3.] New York. -1912-16. (Channing.) - -CHASTELLUX, _Marquis_ F. J. DE. Travels in North America in the years -1780-81-82. New York. 1828. (Chastellux.) - -CHRISTIAN, WILLIAM ASBURY. Richmond, Her Past and Present. Richmond. -1912. (Christian.) - -COBBETT, WILLIAM. Porcupine's Works, 1783 to 1801. 12 vols. London. -1801. (Cobbett.) - -CONWAY, MONCURE DANIEL. Omitted Chapters of History, disclosed in the -Life and Papers of Edmund Randolph. New York. 1888. (Conway.) - - _Also see_ Paine, Thomas. Writings. - -COXE, TENCH. An Examination of the Conduct of Great Britain Respecting -Neutrals. Philadelphia. 1807. (Coxe: _An Examination of the Conduct of -Great Britain Respecting Neutrals_.) - -CUNNINGHAM, WILLIAM. _See_ Adams, John. Correspondence. - - -DALLAS, A. J. _See_ United States. Supreme Court Reports. - -DAVIS, JOHN. Travels of Four Years and a half in the United States of -America. 1798-1802. London. 1803. (Davis.) - -DAVIS, MATTHEW L. Memoirs of Aaron Burr, with miscellaneous selections -from his correspondence. 2 vols. New York. 1838. (Davis: _Burr_.) - -_Dedham [Mass.] Historical Register._ Vols. 1-14. Dedham Historical -Society, Dedham, Mass. 1890-1903. (_Dedham Historical Register._) - -DE WARVILLE. _See_ Brissot de Warville, Jean Pierre. - -DILLON, JOHN F., _compiler_. John Marshall, Life, Character, and -Judicial Services. (Including the Classic Orations of Binney, Story, -Phelps, Waite, and Rawle.) 3 vols. Chicago. 1903. (Story, in Dillon; and -Binney, in Dillon.) - -DODD, WILLIAM E. Statesmen of the Old South, or From Radicalism to -Conservative Revolt. New York. 1911. (Dodd.) - -DONNAN, ELIZABETH, _editor_. _See_ Bayard, James A. Papers. - - -ECKENRODE, H. J. The Revolution in Virginia. Boston. 1916. (Eckenrode: -_R. V._) - ----- Separation of Church and State in Virginia. A Study in the -Development of the Revolution. Richmond. 1910. [Special Report of the -Department of Archives and History of the Virginia State Library.] -(Eckenrode: _S. of C. and S._) - -ELLSWORTH, _Chief Justice_ OLIVER. Life. _See_ Brown, William Garrott. - - -FINDLEY, WILLIAM. History of the Insurrection, in the Four Western -Counties of Pennsylvania, in the year 1794. Philadelphia. 1796. -(Findley: _History of the Western Insurrection_.) - -FLANDERS, HENRY. The Lives and Times of the Chief Justices of the -Supreme Court of the United States. 2 vols. Philadelphia. 1881. -(Flanders.) - -FORD, PAUL LEICESTER, _editor_. _See_ Jefferson, Thomas. Works. - -FORD, WORTHINGTON CHAUNCEY, _editor_. _See_ Jefferson, Thomas. -Correspondence. - - _Also see_ Washington, George. Writings. - And _see also_ Adams, John Quincy. Writings. - _Also see_ Vans Murray, William. Letters. - -FRENEAU, PHILIP. Poems of Philip Freneau. Edited by Fred Lewis Pattee. 3 -vols. Princeton. 1902-07. (Freneau.) - -FUNCK-BRENTANO, FRANTZ. Legends of the Bastille, translated by George -Maidment. London. 1899. (Funck-Brentano: _Legends of the Bastille_.) - - -GALLATIN, ALBERT. Writings. Edited by Henry Adams. 3 vols. Philadelphia. -1879. (Gallatin's _Writings_: Adams.) - - _See also_ Adams, Henry. Life of Albert Gallatin. - -GARLAND, HUGH A. Life of John Randolph of Roanoke. 2 vols. New York. -1851. (Garland: _Randolph_.) - -GAY, SYDNEY HOWARD. James Madison. [American Statesmen Series.] Boston. -1895. - -GIBBS, GEORGE, _editor_. _See_ Wolcott, Oliver. Memoirs of the -Administrations of Washington and John Adams. (Gibbs.) - -GILMAN, DANIEL C. James Monroe, in his Relations to the Public Service -During Half a Century. 1776 to 1826. [American Statesmen Series.] -Boston. 1895. - -GILMER, FRANCIS WALKER. Sketches, Essays, and Translations. Baltimore. -1828. (Gilmer.) - -GRAYDON, ALEXANDER. Memoirs of His Own Time, with Reminiscences of the -Men and Events of the Revolution. Edited by John Stockton Littell. -Philadelphia. 1846. (Graydon.) - -_Green Bag, The_; an Entertaining Magazine for Lawyers. Edited by Horace -W. Fuller. Vols. 1-26. Boston. 1889-1914. [After 1914 consolidated with -_The Central Law Journal_.] (_Green Bag._) - -GRIGSBY, HUGH BLAIR. The History of the Virginia Federal Convention of -1788. Virginia Historical Society. Richmond. 1815. [Volume 1 is volume -9, new series. Volume 2 is volume 10, new series.] (Grigsby.) - - -HAMILTON, ALEXANDER. Works. Edited by John C. Hamilton. 7 vols. New -York. 1851. (_Works_: Hamilton.) - ----- Works. Edited by Henry Cabot Lodge. [Federal Edition.] 12 vols. New -York. 1904. (_Works_: Lodge.) - -HAMILTON, JOHN C., _editor_. History of the Republic of the United -States, as traced in the Writings of Alexander Hamilton and his -Contemporaries. 6 vols. New York. 1857-60. (Hamilton: _History of the -Republic_.) - - _See also_ Hamilton, Alexander. Works. - -HAMILTON, STANISLAUS MURRAY, _editor_. _See_ Monroe, James. Writings. - -HAZEN, CHARLES DOWNER. Contemporary American Opinion of the French -Revolution. Baltimore. 1897. (Hazen.) - -HENING, WILLIAM WALLER. _See_ Virginia. Laws. - -HENRY, PATRICK. Life, Correspondence, and Speeches. Edited by William -Wirt Henry. 3 vols. New York. 1891. (Henry.) - - _See also_ Wirt, William. Sketches of Life and Character of Patrick - Henry. - -HENRY, WILLIAM WIRT, _editor_. _See_ Henry, Patrick. Life, -Correspondence, and Speeches. - -HILDRETH, RICHARD. History of the United States. 6 vols. New York. -1854-55. (Hildreth.) - -_Historical Magazine and Notes and Queries Concerning the Antiquities, -History, and Biography of America._ [1st Series.] Vols. 1-10. New York. -1857-75. (_Hist. Mag._) - -HOWE, HENRY. Historical Collections of Virginia. Charleston, S.C. 1845. -(Howe.) - -HUDSON, FREDERIC. Journalism in the United States from 1690 to 1872. New -York. 1873. (Hudson: _Journalism in the United States_.) - -HUNT, GAILLARD, _editor_. _See_ Madison, James. Writings. - - -_Interesting State Papers_, from President Washington, M. Fauchet, and -M. Adet, etc.; quoted by Edmund Randolph, Secretary of State, in his -Defense of his Resignation of that Office. Philadelphia. 1796. -(_Interesting State Papers._) - -IREDELL, JAMES. _See_ McRee, Griffith J. Life and Correspondence of -James Iredell. - - -JAY, JOHN. Correspondence and Public Papers. Edited by Henry P. -Johnston. 4 vols. New York. 1890. (_Jay_: Johnston.) - -JEFFERSON, THOMAS. Works. Edited by Paul Leicester Ford. Federal -Edition. 12 vols. New York. 1904. (_Works_: Ford.) - - _See_ Morse, John T. Thomas Jefferson. - _And see_ Randall, Henry S. Life of Thomas Jefferson. - _Also see_ Tucker, George. Life of Thomas Jefferson. - _And see_ Parton, James. Life of Thomas Jefferson. - -JOHNSTON, HENRY P., _editor_. _See_ Jay, John. Correspondence and Public -Papers. - -JOHNSTON, MARY. Lewis Rand. Boston. 1908. - -JONES, HUGH. The Present State of Virginia. London. 1724. (Jones.) - - -KENNEDY, JOHN P. Memoirs of the Life of William Wirt. 2 vols. -Philadelphia. 1860. (Kennedy.) - -KING, CHARLES R., _editor_. _See_ King, Rufus. Life and Correspondence. - -KING, RUFUS. Life and Correspondence. Edited by Charles R. King. 6 vols. -New York. 1894. (King.) - - -LANCASTER, ROBERT A., JR. Historic Virginia Homes and Churches, with 316 -Illustrations. Philadelphia. 1915. - -LANFREY, PIERRE. The History of Napoleon the First. 4 vols. London. -1871-79. (Lanfrey: _Napoleon_.) - -LA ROCHEFOUCAULD-LIANCOURT, FRANÇOIS ALEXANDRE FRÉDÉRIC, _Duc_ DE. -Travels through the United States of North America. 4 vols. London. -1800. (La Rochefoucauld.) - -_Lippincott's Monthly Magazine._ A Popular Journal of General -Literature. [1st Series.] Vols. 1-62. Philadelphia. 1868-98. -(_Lippincott's Magazine._) - -LODGE, HENRY CABOT. Life and Letters of George Cabot. Boston. 1878. -(Lodge: _Cabot_.) - ----- George Washington. 2 vols. Boston. 1889. [American Statesmen.] -(Lodge: _Washington_.) - - _See also_ Hamilton, Alexander. Works. - -LOLIÉE, FRÉDÉRIC. Prince Talleyrand and His Times. Adapted by Bryan -O'Donnell. London. 1911. (Loliée: _Talleyrand and His Times_.) - -LOMÉNIE, LOUIS DE. Beaumarchais et son temps. 2 vols. Paris. 1856. -(Loménie: _Beaumarchais et son temps_.) - -LORING, JAMES SPEAR. The Hundred Boston Orators. Boston. 1855. (Loring: -_Hundred Boston Orators_.) - -_Louisiana Law Journal._ Edited by Gustavus Schmidt. [1 vol.] New -Orleans. 1841-42. - -LYMAN, THEODORE, JR. The Diplomacy of the United States. 2 vols. Boston. -1828. (Lyman: _Diplomacy of the United States_.) - - -MACCABE, JOSEPH. Talleyrand, A Biographical Study. London. 1906. -(MacCabe: _Talleyrand_.) - -MCHENRY, JAMES. Life and Correspondence. _See_ Steiner, Bernard C. - -MCMASTER, JOHN BACH. A History of the People of the United States. 8 -vols. New York. 1914. (McMaster.) - -MCREE, GRIFFITH, J. Life and Correspondence of James Iredell. 2 vols. -New York. 1857. (McRee.) - -MADISON, JAMES. Writings. Edited by Gaillard Hunt. 9 vols. New York. -1900. (_Writings_: Hunt.) - - _See also_ Rives, William C. History of Life and Times. - _And see_ Gay, Sydney Howard. James Madison. - -MARSHALL, HUMPHREY. The History of Kentucky. 2 vols. Frankfort. 1824. -(Humphrey Marshall.) - -MARSHALL, JOHN. Autobiography. _See_ Smith, John Jay _and_ Watson, John -Fanning, _joint editors_. American Historical and Literary Curiosities. -(_Autobiography._) - ----- Same. In National Portrait Gallery of Eminent Americans. Paintings -by Alonzo Chappel, and Biographical and Historical Narratives by Evert -A. Duyckinck. 2 vols. New York. 1862. - ----- Same, reprinted. _See_ Dillon, John F. - ----- Life of George Washington. [1st Edition.] 5 vols. Philadelphia. -1805. [2d Edition.] 2 vols. Philadelphia. 1840. [The 2d Edition is cited -in this work unless otherwise stated in the notes.] (Marshall.) - - _See also_ Thayer, James Bradley. John Marshall. - _And see_ Flanders, Henry. Lives of the Chief Justices. - _Also see_ Van Santvoord, George. Sketches of the Lives of the - Chief-Justices. - -MASON, GEORGE. Life. _See_ Rowland, Kate Mason. - -_Massachusetts Historical Society._ Collections. [Series vii.] Vols. -1-10. Boston. 1792-1915. (Mass. Hist. Soc. Coll.) - -MEADE, _Bishop_ WILLIAM. Old Churches, Ministers, and Families of -Virginia. 2 vols. Richmond. 1910. (Meade.) - -MONROE, JAMES. Writings. Edited by Stanislaus Murray Hamilton. 7 vols. -[Unfinished work.] New York. 1898-1903. (Monroe's _Writings_: Hamilton.) - -MOORE, FRANK. American Eloquence, A Collection of Speeches and Addresses -by the most Eminent Orators of America. 2 vols. New York. 1857. (Moore: -_American Eloquence_.) - -MORDECAI, SAMUEL. Richmond in By-Gone Days, Being Reminiscences of An -Old Citizen. Richmond. 1856. (Mordecai.) - -MORISON, SAMUEL ELIOT. The Life and Letters of Harrison Gray Otis, -Federalist, 1765-1848. 2 vols. Boston. 1913. (Morison.) - -MORRIS, GOUVERNEUR. Diary and Letters. Edited by Anne Cary Morris. 2 -vols. London. 1889. (Morris.) - -MORRIS, ROBERT. _See_ Oberholtzer, Ellis Paxton. Robert Morris. - -MORSE, JOHN T. Thomas Jefferson. Boston. 1795. [American Statesmen.] -(Morse.) - -MUNFORD, GEORGE WYTHE. The Two Parsons; Cupid's Sports; The Dream; and -the Jewels of Virginia. Richmond. 1884. (Munford.) - - -_New Jersey Historical Society._ Proceedings. Vols. 1-10. Newark. -1847-1905. (_Proc._, N.J. Hist. Soc.) - -_North American Review._ Vols. 1-202. Boston. 1815-1915. - - -OBERHOLTZER, ELLIS PAXTON. Robert Morris, Patriot and Financier. New -York. 1903. (Oberholtzer.) - -OTIS, HARRISON GRAY. Life and Letters. _See_ Morison, Samuel Eliot. - - -PAINE, ROBERT TREAT, JR. Works, in Verse and Prose, with Sketches of His -Life, Character, and Writings. Boston. 1812. (_Works of Robert Treat -Paine._) - -PAINE, THOMAS. Writings. Edited by Moncure Daniel Conway. 4 vols. New -York. 1894-96. (_Writings_: Conway.) - -PARTON, JAMES. The Life and Times of Aaron Burr. [Fourteenth Edition.] -New York. 1861. (Parton: _Burr_.) - ----- Life of Thomas Jefferson. Boston. 1874. - -PAULDING, JAMES K. A Life of Washington. 2 vols. 1835. [Harper's Family -Library. Stereotype Edition, 1836.] (Paulding.) - -PAXTON, WILLIAM M. The Marshall Family, or a Genealogical Chart of the -Descendants of John Marshall and Elizabeth Markham. Cincinnati. 1885. -(Paxton.) - -PECQUET DU BELLET, LOUISE. Some Prominent Virginia Families. 4 vols. -Lynchburg, Va. 1909. (Pecquet du Bellet.) - -_Pennsylvania Magazine of History and Biography._ Published by the -Historical Society of Pennsylvania. Vols. 1-40. Philadelphia. 1877-1916. -(_Pa. Mag. Hist. and Biog._) - -PERKINS, JAMES BRECK. France in the American Revolution. Boston. 1911. -(Perkins: _France in the American Revolution_.) - -PICKERING, OCTAVIUS. Life of Timothy Pickering, by his son and continued -by Charles W. Upham. 4 vols. Boston. 1867-73. (Pickering: _Pickering_.) - -PICKERING, TIMOTHY. Life. _See_ Pickering, Octavius. - - -RANDALL, HENRY S. Life of Thomas Jefferson. 3 vols. New York. 1858. -(Randall.) - -RANDOLPH, EDMUND. Life and Papers. _See_ Conway, Moncure Daniel. - -RANDOLPH, JOHN. Life. _See_ Garland, Hugh A. - -RICHARDSON, JAMES D. A Compilation of the Messages and Papers of the -Presidents. 1789-1897. 10 vols. Washington, D.C. 1896-99. (Richardson.) - -RIVES, WILLIAM C. The History of the Life and Times of James Madison. 3 -vols. Boston. 1859. (Rives.) - -ROWLAND, KATE MASON. Life of George Mason. 2 vols. New York. 1892. -(Rowland.) - - -SCHMIDT, GUSTAVUS, _editor_. _See_ Louisiana Law Journal. - -SCHOEPF, JOHANN DAVID. Travels in the Confederation, 1783-1784. -Translated and edited by Alfred J. Morrison. 2 vols. Philadelphia. 1911. -(Schoepf.) - -SCHOULER, JAMES. History of the United States of America under the -Constitution. 1783-1877. 7 vols. Washington, D.C. 1895-1913. (Schouler.) - -SCOTT, JOHN, of Fauquier County, Va. The Lost Principle. By "Barbarossa" -[_pseud._]. Richmond. 1860. (Scott.) - -SLOANE, WILLIAM MILLIGAN. Life of Napoleon Bonaparte. 4 vols. New York. -1796-1897. (Sloane: _Life of Napoleon_.) - -SMITH, JOHN JAY, _and_ WATSON, JOHN FANNING, _joint editors_. _American -Historical and Literary Curiosities._ New York. 1852. (_Am. Hist. and -Lit. Curiosities._) - -_Southern Literary Messenger._ Vols. 1-38. New York and Washington. -1834-64. - -SPARKS, JARED. Correspondence of the American Revolution [being letters -of eminent men to George Washington]. 4 vols. Boston. 1853. (_Cor. -Rev._: Sparks.) - - _See also_ Washington, George. Writings. - -STEINER, BERNARD C. The Life and Correspondence of James McHenry. -Cleveland. 1907. (Steiner.) - -STORY, JOSEPH. Discourse on John Marshall, reprinted. - - _See_ Dillon, John F. - _Also see_ Story, William Wirt. - -STORY, WILLIAM WIRT. Life and Letters of Joseph Story. 2 vols. Boston. -1851. (Story.) - - -TALLEYRAND-PÉRIGORD, CHARLES MAURICE DE, _Prince_ DE BÉNEVÉNT. Memoirs. -Edited by the Duc de Broglie. 5 vols. New York. 1891. (_Memoirs of -Talleyrand_: Broglie's Ed.) - ----- Memoirs. [Edited] by [---- Stewarton] the author of the -Revolutionary Plutarch. 2 vols. London. 1805. (_Memoirs of Talleyrand_: -Stewarton.) - - _See_ Loliée, Frédéric. Talleyrand and His Times. - _Also see_ Blennerhassett, Charlotte Julia, _Lady_. Talleyrand. - _And see_ MacCabe, Joseph. Life. - -THAYER, JAMES BRADLEY. John Marshall. Boston. 1904. [Riverside -Biographical Series, No. 9.] (Thayer.) - -THOMPSON, JOHN, of Petersburg, Virginia. The Letters of Curtius. -Richmond. 1804. (Thompson: _Letters of Curtius_.) - -TICKNOR, ANNA, _and_ HILLARD, GEORGE S., _joint editors_. _See_ Ticknor, -George. Life, Letters, and Journals. - -TICKNOR, GEORGE. Life, Letters, and Journals. Edited by Anna Ticknor and -George S. Hillard. 2 vols. Boston. 1876. (Ticknor.) - -TUCKER, GEORGE. Life of Thomas Jefferson. 2 vols. Philadelphia. 1837. -(Tucker.) - - -_United States._ Congress. Debates and Proceedings in the Congress of -the United States. [1st Congress, 1st Session, to 18th Congress, 1st -Session; Mar. 3, 1789 to May 27, 1824.] 41 vols. Washington, D.C. -1834-56. - ----- Benton, Thomas Hart. Abridgment of the Debates of Congress from -1789 to 1856. 16 vols. New York. 1857-61. - -UNITED STATES. State Trials. State Trials of the United States during -the Administrations of Washington and Adams. By Francis Wharton. -Philadelphia. 1849. (Wharton: _State Trials_.) - -UNITED STATES. Supreme Court Reports. Dallas, A. J. Reports of the Cases -Ruled and Adjudged in the Courts of Pennsylvania before and since the -Revolution. Philadelphia. 4 vols. 1806-07. - - -VAN SANTVOORD, GEORGE. Sketches of the Lives and Judicial Services of -the Chief-Justices of the Supreme Court of United States. New York. -1854. (Van Santvoord.) - -VAN TYNE, CLAUDE HALSTEAD. The Loyalists in the American Revolution. New -York. 1902. - -VANS MURRAY, WILLIAM. Letters to John Quincy Adams, 1797-1803. Edited by -Worthington Chauncey Ford. [Reprinted from the _Annual Report of the -American Historical Association_ for 1912, pp. 341-715.] Washington. -1914. (_Letters_: Ford.) - -VIRGINIA. House of Delegates. Journal of the Virginia House of -Delegates. 1776-1916. Now in the Archives of the Virginia State Library. -(Journal, H.D.) - -VIRGINIA. Laws. Hening, William Waller. The Statutes at Large. Being a -Collection of the Laws of Virginia from 1619 to 1808. 13 vols. New York. -1819-23. (Hening.) - -VIRGINIA. Laws. Revised Code, of the Laws of Virginia, being a -Collection of all such Acts of the General Assembly. [By William Waller -Hening.] 2 vols. Richmond. 1819. (Laws of Virginia, Revised Code, 1819.) - -VIRGINIA. Law Reports. Call, Daniel. Reports of Cases Argued and -Adjudged in the Court of Appeals of Virginia. 6 vols. Richmond. 1824-33. -(Call.) - -VIRGINIA. Law Reports. Washington, Bushrod. Reports of Cases Argued and -Determined in the Court of Appeals of Virginia. 2 vols. Richmond. -1798-99. - -_Virginia Magazine of History and Biography._ Published by the Virginia -Historical Society. Vols. 1-24. Richmond. 1893-1916. (_Va. Mag. Hist. -and Biog._) - -VON HOLST, H. The Constitutional and Political History of the United -States, by Dr. H. von Holst. [Translated from the German by John J. -Lalor, and Alfred B. Mason.] 7 vols. Chicago. 1876. (Von Holst: -_Constitutional History of the United States_.) - - -WARVILLE. _See_ Brissot de Warville. - -WASHINGTON, BUSHROD. _See_ Virginia. Law Reports. - -WASHINGTON, GEORGE. Diary from 1789 to 1791. Edited by Benson J. -Lossing. New York. 1860. (Washington's _Diary_: Lossing.) - ----- Writings. Edited by Worthington Chauncey Ford. 14 vols. New York. -1889-93. (_Writings_: Ford.) - ----- Writings. Edited by Jared Sparks. 12 vols. Boston. 1834-37. -(_Writings_: Sparks.) - - _And_ Lodge, Henry Cabot. George Washington. - _Also_ Marshall, John. Life of George Washington. - _Also see_ Paulding, James K. Life of Washington. - -WASHINGTON, H. A., _editor_. _See_ Jefferson, Thomas. Writings. - -WATSON, JOHN FANNING. Annals of Philadelphia and Pennsylvania, In the -Olden Time. 3 vols. Philadelphia. 1877-79. (Watson: _Annals of -Philadelphia_.) - -WELD, ISAAC. Travels Through the States of North America, and the -Provinces of Upper and Lower Canada During the Years 1795, 1796, and -1797. [3d Edition.] 2 vols. London. 1800. (Weld.) - -WHARTON, FRANCIS. _See_ United States. State Trials. - -WIRT, WILLIAM. The Letters of the British Spy. [9th Edition.] Baltimore. -1831. (Wirt: _British Spy_.) - ----- Sketches of the Life and Character of Patrick Henry. Philadelphia. -1818. (Wirt.) - - _See_ Kennedy, John P. Memoirs of William Wirt. - -WISE, JOHN SERGEANT. The End of An Era. Boston. 1899. (Wise: _The End of -An Era_.) - -WOLCOTT, OLIVER. Memoirs of the Administrations of Washington and John -Adams. Edited from the papers of Oliver Wolcott, by George Gibbs. 2 -vols. New York. 1846. (Gibbs.) - -WOOD, JOHN. History of Administration of John Adams, Esq. Late President -of the United States. New York. 1802. (Wood.) - - - * * * * * - - -Transcriber's Notes: - -1. Passages in italics are surrounded by _underscores_. - -2. Obvious errors in spelling and punctuation have been corrected. - -3. Footnotes have been renumbered and moved from the page end to the -end of their respective chapters. - -4. Images have been moved from the middle of a paragraph to the closest -paragraph break. - -5. Certain words use an oe ligature in the original. - -6. Carat character (^) followed by a single letter or a set of letters -in curly brackets is indicative of subscript in the original book. - - - - - - -End of the Project Gutenberg EBook of The Life of John Marshall (Volume 2 of -4), by Albert J. 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