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.)

The Life of John Marshall, Volume 2: Politician, diplomatist, statesman, 1789-1801 · 第 4 / 13 章