CHAPTER VI

LETTERS OF MARSHALL

No systematic attempt seems ever to have been made to collect Marshall’s

letters. It should be done. Only a few of his family letters have yet

found their way into print. One of them, to his wife, is quoted in a

previous page. In another to her, written on March 9, 1825, referring to

the inauguration of President John Quincy Adams, he says: “I

administered the oath to the President in the presence of an immense

concourse of people, in my new suit of domestic manufacture. He, too,

was dressed in the same manner, though his clothes were made at a

different establishment. The cloth is very fine and smooth.”

In a letter of December 7, 1834,[39] to his grandson, “Mr. John

Marshall, jr.,” he gives the boy some advice about writing which is a

good commentary on the extraordinary neatness and felicity, the close

fit, of his own clear, compact, and simple style:--

“The man who by seeking embellishment hazards confusion is greatly

mistaken in what constitutes good writing. The meaning ought never to be

mistaken. Indeed, the readers should never be obliged to search for it.

The writer should always express himself so clearly as to make it

impossible to misunderstand him. He should be comprehended without an

effort. The first step towards writing and speaking clearly is to think

clearly. Let the subject be perfectly understood, and a man will soon

find words to convey his meaning to others.”

A letter to James Monroe, dated Richmond, December 2, 1784, was written

while Marshall was a member of the House of Delegates. He writes: “Not a

bill of public importance, in which an individual was not particularly

interested, has passed. The exclusive privilege given to Rumsey and his

assigns to build and navigate his new invented boats is of as much,

perhaps more, consequence than any other bill we have passed. We have

rejected some which, in my conception, would have been advantageous to

this country. Among these I rank the bill for encouraging intermarriage

with the Indians. Our prejudices, however, oppose themselves to our

interests, and operate too powerfully for them....

“I shewed my father [then, probably, living in Kentucky] that part of

your letter which respects the western country. He says he will render

you every service of the kind you mention which is within his power with

a great deal of pleasure. He says, though, that Mr. Humphrey Marshall, a

cousin and brother of mine,[40] is better acquainted with the lands and

would be better enabled to choose for your advantage than he would. If,

however, you wish rather to depend on my father I presume he may avail

himself of the knowledge of his son-in-law. I do not know what to say to

your scheme of selling out. If you can execute it you will have made a

very capital sum; if you can retain your lands you will be poor during

life unless you remove to the western country, but you will have secured

for posterity an immense fortune. I should prefer the selling business,

and if you adopt it I think you have fixed on a very proper price.

“Adieu. May you be very happy is the wish of your

J. MARSHALL.”

* * * * *

In another letter to Monroe, while the latter was Madison’s Secretary of

State, dated Richmond, June 25, 1812, just as the war was beginning, he

says:--

“On my return to-day from my farm, where I pass a considerable portion

of my time in _laborious relaxation_, I found a copy of the message of

the President, of the 1st inst., accompanied by the report of the

Committee of Foreign Relations and the declaration of war against

Britain, under cover from you.

“Permit me to subjoin to my thanks for this mark of your attention my

fervent wish that this momentous measure may, in its operation on the

interest and honor of our country, disappoint only its enemies.

“Whether my prayer be heard or not, I shall remain with respectful

esteem,

“Your obedient servant,

“J. MARSHALL.”

* * * * *

When Marshall went to France as envoy in 1797, he wrote several long and

interesting letters to Washington, acquainting him with whatever foreign

intelligence might interest him.[41] The following passages from the

first letter, a very long one, will show the interest of these papers,

and the exactness of the information they convey:--

“THE HAGUE, 15th Sept., 1797.

“DEAR SIR,--The flattering evidences I have received of your favorable

opinion, which have made on my mind an impression only to wear out with

my being, added to a conviction that you must feel a deep interest in

all that concerns a country to whose service you have devoted so large

a portion of your life, induce me to offer you such occasional

communications as, while in Europe, I may be enabled to make, and induce

a hope that the offer will not be deemed an unacceptable or unwelcome

intrusion.

“Until our arrival in Holland we saw only British and neutral vessels.

This added to the blockade of the Dutch fleet in the Texel, of the

French fleet in Brest, and of the Spanish fleet in Cadiz, manifests the

entire dominion which one nation at present possesses over the seas. By

the ships of war which met us we were three times visited, and the

conduct of those who came on board was such as would proceed from

general orders to pursue a system calculated to conciliate America.

Whether this be occasioned by a sense of justice and 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 are the same.

“The situation of Holland is truly interesting. Though the face of the

country still exhibits a degree of wealth and population still unequaled

in any 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 unemployed in port. Other seaports suffer, though not in so

great a degree. In the mean time the requisitions made upon them are

enormous. They have just completed the payment of the 100,000,000 of

florins (equal to 40,000,000 of dollars) stipulated by treaty; they have

sunk, on the first entrance of the French, a very considerable sum in

assignats; they made large contributions in specifics, and they pay,

feed, and clothe an army estimated, as I am informed, at near three

times its real number. 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 natural expenditures, by a population of less than

2,000,000. Nor, should the war continue, can the contributions of

Holland stop here. The increasing exigencies of France must inevitably

increase her demands on those within her reach.

* * * * *

“The political opinions which have produced the rejection of the

Constitution, and which, as it would seem, can only be entertained by

intemperate and ill-informed minds, unaccustomed to a union of theory

and 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 deplored in France. The same materials exist, though not

in so great a degree. They have their clubs, they have a numerous poor,

and they have enormous wealth in the hands of a minority of the nation.

On my remarking this to a very rich and intelligent merchant of

Amsterdam, and observing that if one class of men withdrew itself from

public duties and offices it would be immediately succeeded by another,

which would acquire a degree of power and influence that might be

exercised to the destruction of those who had retired 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 experienced. That

France would continue to require great supplies from Holland, and knew

its situation too well to permit it to become the prey of anarchy. That

Holland was an artificial country acquired by persevering industry, and

which could only be preserved by wealth and order. That confusion and

anarchy would banish a large portion of that wealth, would dry up its

sources, and would entirely disable them from giving France that

pecuniary aid she so much needed. That under this impression many who,

though friendly to the revolution, saw with infinite mortification

French troops garrison the towns of Holland, would now see their

departure with equal regret. Thus they willingly relinquished national

independence for individual safety. What a lesson to those who would

admit foreign influence into the United States!”...

The condition of affairs in Paris at that time is illustrated by the

fact that Marshall’s later letters, written from there, were not

signed; and that they allude to the action of himself and his associates

in the third person. Thus, writing from Paris, October 24, 1797, in the

character of an anonymous private American to an unnamed correspondent,

he says:--

“Causes which I am persuaded you have anticipated forbid me to allow

that free range of thought and expression which could alone apologize

for the intrusive character my letters bear. Having, however, offered

what I cannot furnish, I go on to substitute something else perhaps not

worth receiving....

“Our ministers have not yet, nor do they seem to think it certain that

they will be received. Indeed they make arrangements which denote an

expectation of returning to America immediately. 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, and most loud in vociferating criminations

equally absurd and untrue, are some unprincipled apostates who were born

in America. The 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 and 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 but too well disposed to promote their views.”

In a letter to Judge Peters, of Philadelphia, dated November 23, 1807,

just after the Burr trial, after thanking his correspondent for a volume

of “Admiralty Reports,” he has something to say of that case:--

“I have as yet been able only to peep into the book, not to read many of

the cases. I received it while fatigued, and occupied with the most

unpleasant case which has ever been brought before a judge in this or,

perhaps, in any other country which affected to be governed by laws;

since the decision of which I have been entirely from home. The day

after the commitment of Colonel Burr for a misdemeanor I galloped to the

mountains, whence I only returned in time to perform my North Carolina

circuit, which terminates just soon enough to enable me to be here to

open the court for the ancient dominion. Thus you perceive I have

sufficient bodily employment to prevent my mind from perplexing itself

about the attentions paid me in Baltimore and elsewhere. I wish I could

have had as fair an opportunity to let the business go off as a jest

here as you seem to have had in Philadelphia; but it was most deplorably

serious, and I could not give the subject a different aspect by treating

it in any manner which was in my power. I might, perhaps, have made it

less serious to myself by obeying the public will, instead of the public

law, and throwing a little more of the sombre upon others.”

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