However, it was not the Embargo, nor the meditated treason of Aaron

Burr, nor the purchase of Louisiana, important as these were, which

gives chief interest to the eight years of Jefferson's administration,

and made it a political epoch. It was the firm growth and establishment

of the Democratic party, of which Jefferson was the father and leader,

as Hamilton was the great chieftain of the Federalist. With the

accession of Jefferson to power, a new policy was inaugurated, which

from his day has been the policy of the government, except in great

financial emergencies when men of brain have had the direction of public

affairs. Democratic leaders like Jackson and Van Buren, representing the

passions or interests or prejudices of the masses, it would seem, have

been generally unfortunate enough to lead the country into financial

difficulties, because they have conformed to the unenlightened instincts

of the people rather than to the opinions of the enlightened few,--great

merchants, capitalists, and statesmen, that is, men of experience and

ability. And when these men of brain have extricated the country from

the financial distress which men inexperienced in finance and ignorant

of the principles of political economy have brought about, the

democratic leaders have regained their political ascendency, since they

appealed, more than their antagonists, to those watchwords so dear to

the American heart, the abolition of monopolies, unequal taxation, the

exaltation of the laboring classes,--whatever promises to aggrandize the

nation in a material point of view, or professes to bring about the

reign of "liberty, fraternity, and equality," and the abolition of

social distinctions.

It cannot be doubted that the policy of Jefferson, while it appealed to

the rights and interests of "working-men," of men who labor with their

hands rather than by their brains, has favored the reign of

demagogues,--the great curse of American institutions. Who now rule the

cities of New York, Philadelphia, Boston, Cincinnati, and Chicago? Is it

not those who, in cities at least, have made self-government--the great

principle for which Jefferson contended--almost an impossibility? This

great statesman was sufficiently astute to predict the rule of the

majority for generations to come, but I doubt if he anticipated the

character of the men to whom the majority would delegate their power.

Here he was not so sagacious as his great political rivals. I believe

that if he could have foreseen what a miserable set the politicians

would generally turn out to be,--with their venality, their

unscrupulousness, their vile flatteries of the people, their system of

spoils, their indifference to the higher interests of the nation,--his

faith in democracy as a form of government would have been essentially

shaken. He himself was no demagogue. His error was in not foreseeing the

logical sequence of those abstract theories which made up his political

religion,--the religion of humanity, such as the French philosophers had

taught him. But his theories pleased the people, and he himself was

personally popular,--the most so of all our statesmen, not excepting

Henry Clay, who made many enemies.

Jefferson's manners were simple, his dress was plain, he was accessible

to everybody, he was boundless in his hospitalities, he cared little for

money, his opinions were liberal and progressive, he avoided quarrels,

he had but few prejudices, he was kind and generous to the poor and

unfortunate, he exalted agricultural life, he hated artificial splendor,

and all shams and lies. In his morals he was irreproachable, unlike

Hamilton and Burr; he never made himself ridiculous, like John Adams, by

egotism, vanity, and jealousy; he was the most domestic of men,

worshipped by his family and admired by his guests; always ready to

communicate knowledge, strong in his convictions, perpetually writing

his sincere sentiments and beliefs in letters to his friends,--as

upright and honest a man as ever filled a public station, and finally

retiring to private life with the respect of the whole nation, over

which he continued to exercise influence after he had parted with power.

And when he found himself poor and embarrassed in consequence of his

unwise hospitality, he sold his library, the best in the country, to pay

his debts, as well as the most valuable part of his estate, yet keeping

up his cheerfulness and serenity of temper, and rejoicing in the general

prosperity,--which was produced by the ever-expanding energies and

resources of a great country, rather than by the political theories

which he advocated with so much ability.

On his final retirement to Monticello, in 1809, after forty-four years

of continuous public service, Jefferson devoted himself chiefly to the

care of his estate, which had been much neglected during his

presidential career. To his surprise he found himself in debt, having

lived beyond his income while president. But he did not essentially

change his manner of living, which was generous, though neither

luxurious nor ostentatious. He had stalls for thirty-six horses, and

sometimes as many as fifty guests at dinner. There was no tavern near

him which had so much company. He complains that an ox would all be

eaten in two days, while a load of hay would disappear in a night, Fond

as he was of company, he would not allow his guests to rob him of the

hours he devoted to work, either in his library or on his grounds. His

correspondence was enormous,--he received sixteen hundred and seven

letters in one year, and answered most of them. After his death there

were copies of sixteen thousand letters which he had written. His

industry was marvellous; even in retirement he was always writing or

reading or doing something. He was, perhaps, excessively fond of his

garden, of his flowers, of his groves, and his walks. Music was, as he

himself said, "the favorite passion of his soul." His house was the

largest in Virginia, and this was filled with works of art, and the

presents he had received. But his financial difficulties increased from

year to year. He was too fond of experiments and fancy improvements to

be practically successful as a farmer.

One of his granddaughters thus writes of him: "I cannot describe the

feelings of veneration, admiration, and love that existed in my heart

for him. I looked upon him as a being too great and good for my

comprehension. I never heard him utter a harsh word to any one of us. On

winter evenings, as we all sat round the fire, he taught us games, and

would play them with us. He reproved without wounding us, and commended

without making us vain. His nature was so eminently sympathetic that

with those he loved he could enter into their feelings, anticipate

their wishes, gratify their tastes, and surround them with an atmosphere

of affection."

Thus did he live in his plain but beautiful house, in sight of the Blue

Ridge, with Charlottesville and the university at his feet. He rode

daily for ten miles until he was eighty-two. He died July 4, 1826, full

of honors, and everywhere funeral orations were delivered to his memory,

the best of which was by Daniel Webster in Boston.

Among his papers was found the inscription which he wished to have

engraved on his tomb: "Here was buried Thomas Jefferson, Author of the

Declaration of American Independence, of the Statute of Virginia for

Religious Freedom, and Father of the University of Virginia." He does

not allude to his honors or his offices,--not a word about his

diplomatic career, or of his stations as governor of Virginia, Secretary

of State, or President of the United States. But the three things he

does name enshrine the best convictions of his life and the substance of

his labors in behalf of his country,--political independence, religious

freedom, and popular education.

The fame of Jefferson as author of the Declaration of Independence is

more than supported by his writings at different times which bear on

American freedom and the rights of man. It is as a writer on political

liberty that he is most distinguished. He was not an orator or

speech-maker. He worked in his library among his books, meditating on

the great principles which he enforced with so much lucidity and power.

It was for his skill with the pen that he was selected to draft the

immortal charter of American freedom, which endeared him to the hearts

of the people, and which no doubt contributed largely to cement the

States together in their resistance to Great Britain.

His reference to the statute of Virginia in favor of religious freedom

illustrates another of his leading sentiments, to which he clung with

undeviating tenacity during his whole career. He may have been a

freethinker like Franklin, but he did not make war on the religious

beliefs of mankind; he only desired that everybody should be free to

adopt such religious principles as were dear to him, without hindrance

or molestation. He was before his age in liberality of mind, and he

ought not to be stigmatized as an infidel for his wise toleration.

Although his views were far from orthodox, they did not, after all,

greatly differ from those of John Adams himself and the men of that day

who were enamoured with the ideas of Voltaire and Rousseau. At that time

even the most influential of the clergy, especially in New England, were

Arminians in their religious creed. The eighteenth century was not a

profound or religious epoch. It was an age of war and political

agitations,--a drinking, swearing, licentious, godless age among the

leaders of society, and of ignorance, prejudice, and pharisaic

formalities among the people. Jefferson's own purity and uprightness of

life amid the laxity of the times is an unquestionable evidence of the

elevation of his character and the sincerity of his moral and

religious beliefs.

The third great object of Jefferson's life was to promote popular

education as an essential condition to the safety of the republic. While

he advocated unbounded liberty, he knew well enough that it would

degenerate into license unless the people were well-informed. But what

interested him the most was the University of Virginia, in whose behalf

he spent the best part of his declining years. He gave money freely

himself, and induced the legislature to endow it liberally. He

superintended the construction of the buildings, which alone cost

$300,000; he selected the professors, prescribed the course of study,

was chairman of the board of trustees, and looked after the interests of

the institution. He thought more of those branches of knowledge which

tended to liberalize the mind than of Latin and Greek. He gave a

practical direction to the studies of the young men, allowing them to

select such branches as were congenial to them and would fit them for a

useful life. He would have no president, but gave the management of all

details to the professors, who were equal in rank. He appealed to the

highest motives among the students, and recognized them as gentlemen

rather than boys, allowing no espionage. He was rigorous in the

examinations of the students, and no one could obtain a degree unless it

were deserved. While he did not exclude religion from the college,

morning prayers being held every day, attendance upon religious services

was not obligatory. Every Sunday some clergyman from the town or

neighborhood preached a sermon, which was generally well attended. Few

colleges in this country have been more successful or more ably

conducted, and the excellence of instruction drew students from every

quarter of the South. Before the war there were nearly seven hundred

students, and I never saw a more enthusiastic set of young men, or a set

who desired knowledge for the sake of knowledge more enthusiastically

than did those in the University of Virginia.

Although it is universally admitted that Jefferson had a broad,

original, and powerful intellect, that he stamped his mind on the

institutions of his country, that to no one except Washington is the

country more indebted, yet I fail to see that he was transcendently

great in anything. He was a good lawyer, a wise legislator, an able

diplomatist, a clear writer, and an excellent president; but in none of

the spheres he occupied did he reach the most exalted height. As a

lawyer he was surpassed by Adams, Burr, and Marshall; as an orator he

was nothing at all; as a writer he was not equal to Hamilton and Madison

in profundity and power; as a diplomatist he was far below Franklin and

even Jay in tact, in patience, and in skill; as a governor he was timid

and vacillating; while as a president he is not to be compared with

Washington for dignity, for wisdom, for consistency, or executive

ability. Yet, on the whole, he has left a great name for giving shape to

the institutions of his country, and for intense patriotism. Pre-eminent

in no single direction, he was in the main the greatest political genius

that has been elevated to the presidential chair; but perhaps greater as

a politician than as a statesman in the sense that Pitt, Canning, and

Peel were statesmen. He was not made for active life; he was rather a

philosopher, wielding power by his pen, casting his searching glance

into everything, and leading men by his amiability, his sympathetic

nature, his force of character, and his enlightened mind. The question

might arise whether Jefferson's greatness was owing to force of

circumstances, or to an original, creative intellect, like that of

Franklin or Alexander Hamilton. But for the Revolution he might never

have been heard of outside his native State. This, however, might be

said of most of the men who have figured in American history,--possibly

of Washington himself. The great rulers of the world seem to be raised

up by Almighty Power, through peculiar training, to a peculiar fitness

for the accomplishment of certain ends which they themselves did not

foresee,--men like Abraham Lincoln, who was not that sort of man whom

Henry Clay or Daniel Webster would probably have selected for the

guidance of this mighty nation in the greatest crisis of its history.

AUTHORITIES.

The Life of Jefferson by Parton is the most interesting that I have read

and the fullest, but not artistic. He introduces much superfluous matter

that had better be left out. As for the other Lives of Jefferson, that

by Morse is the best; that of Schouler is of especial interest as to

Jefferson's attitude toward slavery and popular education. Randall has

written an interesting sketch. For the rest, I would recommend the same

authorities as on John Adams in the previous chapter.

JOHN MARSHALL

1755-1835

THE UNITED STATES SUPREME COURT

BY JOHN BASSETT MOORE, LL.D

While the Revolution had severed the tie which bound the colonies to the

mother country and had established the independence of the United

States, the task of organizing and consolidating the new nation yet

remained to be performed. The Articles of Confederation, though designed

to form a "perpetual union between the States," constituted in reality

but a loose association under which the various commonwealths retained

for the most part the powers of independent governments. In the treaty

of peace with Great Britain of 1782-83, strong national ground was

taken; but the general government was unable to secure the execution of

its stipulations. The public debts remained unpaid, for want of power to

levy taxes. Commerce between the States as well as with foreign nations

was discouraged and rendered precarious by variant and obstructive local

regulations. Nor did there exist any judicial authority to which an

appeal could be taken for the enforcement of national rights and

obligations as against inconsistent State laws and adjudications. These

defects were sought to be remedied by the Constitution of the United

States. But, as in the case of all other written instruments, the

provisions of this document were open to construction. Statesmen and

lawyers divided in their interpretation of it, according to their

prepossessions for or against the creation and exercise of a strong

central authority.

Among the organs of government created by the Constitution was "one

Supreme Court," in which, together with such inferior courts as Congress

might from time to time establish, was vested "the judicial power of the

United States." This power was declared to extend to all cases, in law

and equity, arising under the Constitution itself, the laws of the

United States, and treaties made under their authority; to all cases

affecting ambassadors, other public ministers and consuls; to all cases

of admiralty and maritime jurisdiction; to controversies to which the

United States should be a party; to controversies between two or more

States, between a State and citizens of another State, and between

citizens of different States, as well as between citizens of the same

State claiming lands under grants of different States, and between a

State, or the citizens thereof, and foreign States, citizens, or

subjects. In all cases affecting ambassadors, other public ministers and

consuls, and those in which a State should be a party, the Supreme Court

was vested with original jurisdiction, while in all the other

enumerated cases its jurisdiction was to be appellate. With the

exceptions of suits against a State by individuals, which were excluded

by the Eleventh Amendment, the judicial power of the United States

remains to-day as it was originally created.

But at the time when the Constitution was made, the importance to which

the judicial power would attain in the political system of the United

States could not be foreseen. The form was devised, but, like the nation

itself, its full proportions remained to be developed. In that

development, so far as it has been made by the judiciary, one man was

destined to play a pre-eminent part. This man was John Marshall, under

whose hand, as James Bryce has happily said, the Constitution "seemed

not so much to rise ... to its full stature, as to be gradually unveiled

by him, till it stood revealed in the harmonious perfection of the form

which its framers had designed." For this unrivalled achievement there

has been conceded to Marshall by universal consent the title of

Expounder of the Constitution of the United States; and the general

approval with which his work is now surveyed is attested by the tribute

lately paid to his memory. The observance on the 4th of February, 1901,

by a celebration spontaneously national, of the one hundredth

anniversary of his assumption of the office of Chief Justice of the

United States, is without example in judicial annals. It is therefore a

matter of interest not only to every student of American history, but

also to every American patriot, to study his career and to acquaint

himself with that combination of traits and accidents by which his

character and course in life were determined.

John Marshall was born Sept. 24, 1755, in Fauquier County, Virginia, at

a small village then called Germantown, but now known as Midland, a

station on the Southern Railway not far south of Manassas. His

grandfather, John Marshall, the first of the family of whom there

appears to be any record, was an emigrant from Wales. He left four sons,

the eldest of whom was Thomas Marshall, the father of the Chief Justice.

Thomas Marshall, though a man of meagre early education, possessed great

natural gifts, and rendered honorable and useful public service both as

a member of the Virginia Legislature, and as a soldier in the

Revolutionary War, in which he rose to the rank of colonel. His son,

John Marshall, was the eldest of fifteen children. Of his mother, whose

maiden name was Keith, little is known, but it has been well observed by

one of Marshall's biographers, that, as she reared her fifteen

children--seven sons and eight daughters--all to mature years, she could

have had little opportunity to make any other record for herself, and

could hardly have made a better one.

Subsequently to his birth, Marshall's parents removed to an estate

called Oak Hill, in the western part of Fauquier County. It was here

that in 1775, when nineteen years of age, he heard the call of his

country and entered the patriot army as a lieutenant. We have of him at

this time the first personal description, written by a kinsman who was

an eye-witness of the scene, and preserved in the eulogy delivered by

Mr. Binney before the Select and Common Councils of Philadelphia on

Sept. 24, 1835. "His figure," says the writer, "I have now before me. He

was about six feet high, straight and rather slender, of dark

complexion, showing little if any rosy red, yet good health, the outline

of the face nearly a circle, and within that, eyes dark to blackness,

strong and penetrating, beaming with intelligence and good nature; an

upright forehead, rather low, was terminated in a horizontal line by a

mass of raven-black hair of unusual thickness and strength; the features

of the face were in harmony with this outline, and the temples fully

developed. The result of this combination was interesting and very

agreeable. The body and limbs indicated agility rather than strength, in

which, however, he was by no means deficient. He wore a purple or

pale-blue hunting shirt, and trousers of the same material fringed with

white. A round black hat, mounted with the buck's tail for a cockade,

crowned the figure and the man. He went through the manual exercise by

word and motion deliberately pronounced and performed, in the presence

of the company, before he required the men to imitate him, and then

proceeded to exercise them, with the most perfect temper.... After a few

lessons the company were dismissed, and informed that if they wished to

hear more about the war, and would form a circle around him, he would

tell them what he understood about it.... He addressed the company for

something like an hour.... He spoke at the close of his speech of the

Minute Battalion about to be raised, and said he was going into it and

expected to be joined by many of his hearers. He then challenged an

acquaintance to a game of quoits, and they closed the day with

foot-races and other athletic exercises, at which there was no betting.

He had walked ten miles to the muster field, and returned the same

distance on foot to his father's house at Oak Hill, where he arrived a

little after sunset."

The patriot forces in which Marshall was enrolled were described as

minute-men, of whom it was said by John Randolph that they "were raised

in a minute, armed in a minute, marched in a minute, fought in a minute,

and vanquished in a minute." Their uniform consisted of homespun hunting

shirts, bearing the words "Liberty or Death" in large white letters on

the breast, while they wore bucks' tails in their hats and tomahawks and

scalping-knives in their belts. We are told, and may readily believe,

that their appearance inspired in the enemy not a little apprehension;

but we are also assured, and may as readily believe, that this feeling

never was justified by any act of cruelty. Their first active service

was seen in the autumn of 1775, when they marched for Norfolk, where

Lord Dunmore had established his headquarters. They saw their first

fighting at Great Bridge, where the British troops were defeated with

heavy loss. Subsequently, the Virginia forces to which Marshall belonged

joined the army of Washington in New Jersey, and he saw service not only

in that State, but also in Pennsylvania and New York, and, later in the

war, again in Virginia. In May, 1777, he was appointed a captain. He

took part in the battles of Iron Hill and Brandywine. He was also

present at Monmouth, at Paulus (or Powles) Hook, and at the capture of

Stony Point. He endured the winter's sufferings at Valley Forge, where

because of his patience, firmness, and good humor, he won the special

regard of the soldiers and his brother-officers. In the course of his

military service he often acted as judge-advocate; and he made the

acquaintance of Washington and Hamilton, with both of whom he contracted

a lasting friendship.

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