[1216] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan,

121.

[1217] Gallatin to his wife, Feb. 5, 1801; Adams: _Gallatin_, 259.

[1218] _Ib._, 254.

[1219] Ames to Gore, Dec. 29, 1800; reviewing political events of the

year; _Works_: Ames, i, 286-87.

[1220] Hamilton to Wolcott, Aug. 3, 1800; _Works_: Lodge, x, 383; and

Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 400.

[1221] Hamilton to Wolcott, Sept. 26, 1800; _Works_: Lodge, x, 389 (also

in Gibbs, ii, 422); and see same to same, Aug. 3, 1800; _Works_: Lodge,

x, 883.

[1222] Troup to King, Oct. 1, 1800; King, iii, 315.

[1223] _Aurora_, May 20, 1800.

[1224] Sedgwick to King, Sept. 26, 1800; King, iii, 309.

[1225] Ames to Hamilton, Aug. 26, 1800; _Works_: Hamilton, vi, 463; also

Cabot to Hamilton, Aug. 21, 1800; ib., 458; and Aug. 23, 1800; _ib._,

460 (also in Lodge: _Cabot_, 284-88); and to Wolcott, Aug. 23, 1800;

Lodge: _Cabot_, 288-89.

The local politicians were loyal to the President; Ames bitterly

complains of "the small talk among the small politicians, about

disrespect to the President, &c., &c." (Ames to Pickering, Nov. 23,

1799; _Works_: Ames, i, 272.)

[1226] Hamilton to Adams, Aug. 1, 1800; _Works_: Lodge, x, 382; and same

to same, Oct. 1, 1800; _ib._, 390. Wolcott supplied most of the material

and revised Hamilton's manuscript. (Wolcott to Hamilton, Oct. 1, 2,

1800; _Works_: Hamilton, vi, 470-71.) For entire attack see Hamilton:

"Public Conduct and Character of John Adams"; _Works_: vii, 687-726

(also in _Works_: Lodge, vii, 309-65.)

[1227] Parton: _Burr_, 256-57; Davis: _Burr_, ii, 65 _et seq._

[1228] "This pamphlet has done more mischief to the parties concerned

than all the labors of the _Aurora_!" (Duane to Collot; Parton: _Burr_,

258.)

[1229] "Our friends ... lamented the publication.... Not a man ... but

condemns it.... Our enemies are universally in triumph.... His

[Hamilton's] usefulness hereafter will be greatly lessened." (Troup to

King, Nov. 9, 1800; King, iii, 331.) "All ... blame ... Mr. Hamilton."

(Carroll to McHenry, Nov. 4, 1800; Steiner, 476.)

Some Federalist politicians, however, observed Hamilton's wishes. For

example: "You must at all events secure to the Genr. [Pinckney] a

majority in Cong., it may there be done with _safety_, his success

depends on the accomplishment of this measure. You know a friend of ours

who can arrange this necessary business with the utmost perfect

suavity." (Dickinson to McHenry, Oct. 7, 1800; Steiner, 471.)

Again Dickinson writes of "the absolute necessity of obtaining a

_majority_ (if it should only be by a _single_ vote) in Cong. to favor

the man who interests us most" and hopes "Hamilton's publication ...

will produce the desired effect." (Oct. 31, 1800; _ib._, 472.)

[1230] _Washington Federalist_, Nov. 29, 1800.

[1231] For instance see the _Aurora's_ editorial on women in the army,

January 14, 1800; and see titles of imaginary books editorially

suggested for use by the various Federalist leaders, especially

Hamilton, Harper, and Gouverneur Morris, in _ib._, May 10, 1800. On

August 21 it described some Federalist leaders as "completely bankrupt

of character as well as fortune."

Although it did not equal the extravagance of the Republican newspapers,

the Federalist press was also violent. See, for instance, a satirical

poem "by an Hibernian and an Alien" in the _Alexandria Advertiser_,

reprinted in the _Washington Federalist_ of February 12, 1801, of which

the last verse runs:--

"With J[effer]son, greatest of men,

Our President next we will dash on.

Republican marriages then,

And drowning boats will be in fashion.

Co-alitions, tri-color we'll form

'Twixt white Men, Mulattos, and Negroes.

The banks of the treasury we'll storm--

Oh! how we'll squeeze the old Quakers,

_Philosophy is a fine thing_!"

The familiar campaign arguments were, of course, incessantly reiterated

as: "The Government" cost only "FIVE MILLION dollars ... before the

British treaty"; now it costs "FIFTEEN MILLIONS. Therefore every man who

paid _one dollar_ taxes then pays _three_ dollars now." (_Aurora_, Oct.

30, 1800.)

[1232] Ames to Pickering, Nov. 5, 1799; _Works_: Ames, i, 264.

[1233] Ames to Dwight, March 19, 1801; _ib._, 294.

[1234] Webster to Wolcott, June 23, 1800; Gibbs, ii, 374.

[1235] The _Washington Federalist_, Jan. 12, 1801, charged that, in

Virginia, public money was used at the election and that a resolution to

inquire into its expenditures was defeated in the Legislature.

[1236] Charles Pinckney to Jefferson, Oct. 12, 1800; _Amer. Hist. Rev._,

iv, 117. For election arguments and methods see McMaster, ii, 499 _et

seq._

[1237] Adams to Marshall, Sept. 27, 1800; _Works_: Adams, ix, 85; and

see Graydon, footnote to 362.

[1238] Adams to Marshall, Sept. 30, 1800; Adams MSS.

[1239] Marshall to Adams, without date; Adams MSS.

[1240] Adams MSS. Marshall wrote two speeches for Adams. Both are in

Marshall's handwriting. The President selected and delivered the one

which appears in Adams's _Works_ and in Richardson. The undelivered

speech was the better, although it was written before the French treaty

arrived, and was not applicable to the state of our relations with

France when Congress convened. Marshall also wrote for Adams the two

brief separate addresses to the Senate and the House. (_Ib._)

[1241] The original manuscripts of these speeches, in Marshall's

handwriting, are in the Adams MSS. They are notable only as an evidence

of Adams's confidence in Marshall at this, the most irritating period of

his life.

[1242] Beard: _Econ. O. J. D._, chap. xiii.

[1243] When it was certain that Adams had been defeated, "Solon," in the

_Washington Federalist_ of Jan. 9, 1801, thus eulogized him:--

"The die is cast!... Our beloved ADAMS will now close his bright

career.... Immortal sage! May thy counsels continue to be our saving

Angel! Retire and receive ... the ... blessings of all _good_ men....

"Sons of faction [party]! demagogues and high priests of anarchy, now

have you cause to triumph. Despots and tyrants! now may you safely

pronounce 'ingratitude is the common vice of all republics. Envy and

neglect are the only reward of superior merit. Calumny, persecution and

banishment are the laurels of the hoary patriot.'...

"... We have to contend ... for national existence. Magistrates and

rulers, be firm.... Our constitution is our last fortress. Let us

entrench it against every innovation. When this falls, our country is

lost forever."

This editorial, as well as all political matter appearing in the

_Washington Federalist_ during 1800-01, is important because of

Marshall's reputed influence over that paper. (See _infra_, 541.)

At news of Jefferson's success the leading Federalist journal declared

that some Republicans in Philadelphia "huzzaed until they were seized

with lockjaw ... and three hundred are now drunk beyond hope of

recovery. Gin and whiskey are said to have risen in price 50 per cent

since nine o'clock this morning. The bells have been ringing, guns

firing, dogs barking, cats meuling, children crying, and jacobins

getting drunk, ever since the news of Mr. Jefferson's election arrived

in this city." (_Gazette of the United States_, Feb. 19, 1801.)

[1244] At that time, the presidential electors did not vote for a

Vice-President, but only for President. The person receiving the largest

number of electoral votes became President and the one for whom the

second largest number of votes were cast became Vice-President. When

Jefferson and Burr each had seventy-three votes for President, the

election was thrown into the House of Representatives.

Thus, although, in casting their ballots for electors, the people really

voted for Jefferson for President and for Burr for Vice-President, the

equal number of votes received by each created a situation where it was

possible to defeat the will of the people. Indeed, as appears in the

text, that result was almost accomplished. It was this constitutional

defect that led to the Twelfth Amendment which places the election of

President and Vice-President on its present basis. (See "The Fifth Wheel

in our Government"; Beveridge: _Century Magazine_, December, 1909.)

[1245] Jefferson to Burr, Dec. 15, 1800; _Works_: Ford, ix, 155.

[1246] "Jefferson & Burr have each 73 votes and ... the Democrats are in

a sweat." (Uriah Tracy to McHenry, Dec. 30, 1800; Steiner, 483.)

[1247] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 158.

[1248] Jefferson to Breckenridge, Dec. 18, 1800; _ib._, 157.

[1249] Hamilton to Wolcott, Dec. 16, 1800; _Works_: Lodge, x, 392.

[1250] See these letters in _ib._, 392 _et seq._; and to Bayard, Jan.

16, 1801; _ib._, 412 (also in _Works_: Hamilton, vi, 419, but misplaced

and misdated).

[1251] Hindman to McHenry, Jan. 17, 1801; Steiner, 489-90; and see

Carroll to Hamilton, April 18, 1800; _Works_: Hamilton, vi, 434-35.

The _Washington Federalist_, even when the balloting was in progress,

thus stimulated the members of its party in the House: "_Unworthy_

will he be and consecrate his name to infamy, who ... has hitherto

opposed ... Mr. Jefferson ... and shall now meanly and inconsistently

lend his aid to promote it [Jefferson's election].... Will they confer

on Mr. Jefferson the Federal suffrage in reward for the calumnies he

has indiscriminately cast upon the Federal character; or will they

remunerate him ... for the very honorable epithets of _pander, to the

whore of England, 'timid men, office hunters, monocrats, speculators and

plunderers'_ which he has missed no opportunity to bestow upon them."

(_Washington Federalist_, Feb. 12, 1801.)

[1252] Hamilton to Wolcott, Dec. 17, 1800; _Works_: Lodge, x, 395.

[1253] Jefferson rightly attributed to Burr Republican success in the

election. "He has certainly greatly merited of his country, & the

Republicans in particular, to whose efforts his have given a chance of

success." (Jefferson to Butler, Aug. 11, 1800; _Works_: Ford, ix, 138.)

[1254] Sedgwick to Hamilton, Jan. 10, 1800; _Works_: Hamilton, vi,

511-14; Cabot to Hamilton, Aug. 10, 1800; _ib._, 453 (also in Lodge:

_Cabot_, 284); Hindman to McHenry, Jan. 17, 1801; Steiner, 489-90;

Morris to Hamilton, Jan. 5, 1801; Morris, ii, 398; and same to same,

Jan. 26, 1801; _ib._, 402 (also in _Works_: Hamilton, vi, 503); Carroll

to McHenry, Nov. 4, 1800; Steiner, 473-76; Rutledge to Hamilton, Jan.

10, 1801; _Works_: Hamilton, vi, 510.

[1255] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan,

121.

[1256] Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 524.

[1257] Tracy to McHenry, Jan. 15, 1801; Steiner, 488-99; and see Bayard

to Andrew Bayard, Jan. 26, 1801; _supra_.

[1258] Hamilton to Wolcott, Dec. 16, 1800; _Works_: Lodge, x, 392.

[1259] Wolcott to Hamilton, Dec. 25, 1800; _Works_: Hamilton, vi, 498.

[1260] See Chief Justice Ellsworth's statement of the conservative

opinion of Jefferson. (Brown: _Ellsworth_, 324-25.)

[1261] Jefferson to Mazzei, April 24, 1796; _Works_: Ford, viii, 237-41.

The letter as published in America, although it had undergone three

translations (from English into Italian, from Italian into French, and

from French into English again), does not materially differ from

Jefferson's original.

It greatly angered the Federalist leaders. Jefferson calls the

Federalists "an Anglican, monarchical & aristocratical party." The

Republicans had "the landed interests and men of talent"; the

Federalists had "the Executive, the Judiciary," the office-holders and

office-seekers--"all timid men who prefer the calm of despotism to the

boisterous sea of liberty, British merchants & Americans trading on

British capital, speculators & holders in the banks & public funds, a

contrivance invented for the purposes of corruption," etc.

Jefferson thus refers to Washington: "It would give you a fever were I

to name to you the apostates who have gone over to these heresies, men

who were Samsons in the field & Solomons in the council, but who have

had their heads shorn by the whore England." It was this insult to

Washington which Marshall resented most bitterly.

Jefferson must have known that Mazzei would probably publish this

letter. Writing at Paris, in 1788, of Mazzei's appointment by the French

King as "intelligencer," Jefferson said: "The danger is that he will

overact his part." (Jefferson to Madison, July 31, 1788; _Works_: Ford,

v, 425.)

The Republicans frankly defended the Mazzei letter; both its facts and

"predictions" were correct, said the _Aurora_, which found scarcely "a

line in it which does not contain something to admire for elegance of

expression, striking fact, and profound and accurate penetration."

(_Aurora_, May 26, 1800.)

[1262] Marshall to Hamilton, January 1, 1801; _Works_: Hamilton, vi,

501-03.

[1263] Following is a list of the annual salaries of different

officers:--

President $25,000

Vice-President 5,000

Chief Justice 4,000

Associate Justices 3,500

Attorney-General 1,500

Secretary of the Treasury 3,500

Secretary of State 3,500

Secretary of War 3,000

(_Annals_, 1st Cong., 1st Sess., Appendix, 2233-38.)

[1264] At the very beginning of the movement in his favor, Burr refused

to encourage it. "Every man who knows me ought to know that I disclaim

all competition. Be assured that the Federalist party can entertain no

wish for such a change.... My friends would dishonor my views and insult

my feelings by a suspicion that I would submit to be instrumental in

counteracting the wishes and expectations of the United States. And I

now constitute you my proxy to declare these sentiments if the occasion

shall require." (Burr to Smith, Dec. 16, 1800; _Washington Federalist_,

Dec. 31, 1800.)

[1265] Pickering to King, Jan. 5, 1801; King, iii, 366.

[1266] See _Aurora_, Jan. 21, 1801.

[1267] "Lucius," of Fredericksburg, Virginia, in the _Washington

Federalist_, Jan. 21, 25, and Feb. 6, 1801.

The following extracts from the first of these articles reveal the

temper and beliefs of the Federalists: "Burr never _penned_ a

declaration of independence; ... but he ... has _engraved that

declaration_ in _capitals_ with the point of his sword: It is yet

_legible_ on the _walls of Quebeck_. He has _fought_ for that

_independency_, for which Mr. _Jefferson_ only _wrote_. _He_ has

gallantly exposed his life in support of that declaration and for the

_protection_ of its _penn-man_. He has been _liberal_ of his _blood_,

_while_ Mr. _Jefferson_ has _only hazarded_ his _ink_....

"_He never shrank from the post of danger._ _He_ is _equally fitted for_

service in the _field_ and in the _public counsels_: He has been _tried_

in _both_: in the one we have seen him _an able and distinguished

Senator_;--in the _other_ a _brave_ and _gallant officer_....

"_Mr. Jefferson_ is better qualified to give the description of a

butterfly's wing or to write an essay on the bones of the Mammouth; ...

but Mr. Burr ... in ... knowledge ... necessary to form the _great and

enlightened statesman_, is _much superior_ to Mr. Jefferson....

"Mr. Burr is not ... _consecrated_ to the _French_; ... nor has he

unquenchable hatred to ... Great Britain. Unlike the _penn-man_ of the

declaration he feels the _full force_ of the expression, 'in _war

enemies_, in _peace friends_'... Mr. Burr ... will _only_ consult

_national honor_ and _national_ happiness, having no improper passions

to gratify.

"Mr. Burr is ... a friend of the Constitution ... a friend of the

commercial interests ... the firm and decided friend of the _navy_ ...

the _Eastern_ States have had a President and Vice President; So have

the _Southern_. It is proper that the _middle_ states should also be

respected....

"Mr. Burr has never procured or encouraged those infamous Calumnies

against those who have filled the Executive departments ... which we

long have witnessed: Nor have those polluted _Sinks_, the Aurora, the

Argus, the Press, the Richmond Examiner, and the like, poured forth

their _impure_ and _foetid streams_ at the influence of Mr. Burr, or

to subserve his vanity or his ambition.

"If Mr. Burr is elected, the _Federalists_ have nothing to _fear_....

The vile calumniators ... of all who have ... supported our government,

and the _foreign incendiaries_, who, having no interest in _Heaven_,

have called _Hell_ to their assistance, ... from Mr. Burr have nothing

to _hope_....

"Mr. Burr can be raised to the Presidency without any _insult_ to the

feelings of the Federalists, the friends of Government; ... WITHOUT an

_insult_ to the _Memory_ of _our_ Washington; for it was not by Mr.

_Burr_, nor was it by _his_ friends, nor to _serve him that the great,

the good, the immortal_ Washington was charged with having, by his name,

given a sanction to corruption, with being meanly jealous of the fame of

even that contemptible wretch Tom Paine, with being an unprincipled

Hypocrite and with being a foul murderer! a murderer under circumstances

of such peculiar atrocity as to shock with horror the merciless savages,

and to cause them indignantly to fly from his blood polluted banner!"

[1268] "John Marshall ... is the reputed author of a great part of the

[rubbish] in the Washington Federalist." (Scots Correspondent

[Callender] in _Richmond Examiner_, Feb. 24, 1801.) There is no proof of

Callender's assertion; but some of the matter appearing in the

_Washington Federalist_ is characteristic of Marshall's style and

opinions. See, for instance, the editorial on the prosecution of

Theodore Dwight, denouncing "party spirit" (_Washington Federalist_,

March 1, 1801). The _Aurora_ of March 26, 1801, denounced "John

Marshall's Federal Gazette at Washington."

[1269] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_:

Hamilton, iii, 256. An article signed "Horatius" in the _Washington

Federalist_ of Jan. 6, 1801, stated this position with great ability.

The argument is able and convincing; and it is so perfectly in

Marshall's method of reasoning and peculiar style of expression that his

authorship would appear to be reasonably certain.

"Horatius's" opinion concluded that the power of Congress "is completely

adequate ... to provide by law for the vacancy that may happen by the

removal of both President and Vice President on the 3d of March next,

and the non-election of a successor in the manner prescribed by the

constitution."

[1270] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_:

Hamilton, iii, 256.

[1271] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161-62.

[1272] "Hortensius" to John Marshall, Secretary of State, in the

_Richmond Examiner_; reprinted in the _Aurora_, Feb. 9, 1801. George

Hay, the writer of this letter, was a lawyer in Richmond. Jefferson

appointed him United States Attorney for the District of Virginia, and,

as such, he conducted the prosecution of Aaron Burr for treason before

John Marshall, who, as Chief Justice of the United States, presided at

the trial. (See vol. III of this work.)

Marshall was again attacked in two open letters, signed "Lucius," in the

_Richmond Examiner_, Feb. 10, 13, 1801. His reported opinion, said

"Lucius," alarmed "the active friends of freedom"; Marshall was "the

Idol of his party" and knew the influence of his views: unless he

publicly disclaimed the one now attributed to him, "Lucius" proposed to

"unveil" Marshall's "motives" and "expose" him "uncovered to the sight

of the people"--his "depravity shall excite their odium," etc.

"Lucius's" attacks ended with Jefferson's election.

[1273] The paper criticized "the intemperate counsel of a certain _would

be attorney-general_ of the United States (George Hay, _Esq._ of the

antient dominion) ... under the signature of Hortensius, and addressed

to General Marshall, in consequence of a lie fabricated against him

relative to an opinion said to have been given by him upon the late

presidential election, which the honorable attorney knew to be a lie as

well as we did, but was fearful of being forgot, and despaired of

getting a better opportunity to shew himself!!!" (_Washington

Federalist_, Feb. 12, 1801.)

[1274] Jefferson to Monroe, Feb. 15, 1801; _Works_: Ford, ix, 178-79;

and see Jefferson to McKean, March 9, 1801; _ib._, 206.

[1275] Jefferson to Madison, Feb. 18, 1801; _ib._, 182.

[1276] Monroe to Hoomes, Feb. 14, 1801; Monroe's _Writings_: Hamilton,

iii, 259; and Monroe to Nicholas, Feb. 18, 1801; _ib._, 260.

[1277] For these incidents and reports see Gallatin to his wife, May 8,

1801; Adams: _Gallatin_, 249.

[1278] Thus, for example, the _Washington Federalist_ of Feb. 12, 1801,

after the House had balloted "upwards of 30 times":--

"But say the bold and impetuous partisans of Mr. Jefferson, and that,

too, _in the Teeth of the Assembled Congress of America_--'_Dare_ to

designate any officer whatever, even temporarily, to administer the

government in the event of a non-agreement on the part of the House of

Representatives, and we will march and _dethrone him as an usurper_.

_Dare_ (_in fact_) to exercise the right of opinion, and place in the

presidential chair any other than the philosopher of Monticello, and ten

thousand republican _swords will instantly leap from their scabbards_,

in defence of the violated rights of the _People_!!!

"Can our Countrymen be caught by so flimsy a pretext?

"Can it possibly interest either their feelings or their judgment?

"Are they, then, ripe for civil war, and ready to imbrue their hands in

kindred blood?

"If the tumultuous meetings of a set of factious foreigners in

Pennsylvania or a few _fighting_ bacchanals of Virginia, mean the

_people_, and are to dictate to the Congress of the United States whom

to elect as President--if the constitutional rights of this body are so

soon to become the prey of anarchy and faction--... it would be prudent

to prepare for the contest: the woeful experiment if tried at all could

never be tried at a more favorable conjuncture!

"With the militia of Massachusetts consisting of 70,000 (_regulars let

us call them_) in arms--with those of New Hampshire and Connecticut

united almost to a man, with half the number at least of the citizens of

eleven other States ranged under the federal banner in support of the

Constitution, what could Pennsylvania aided by Virginia--the militia of

the latter untrained and farcically performing the manual exercise with

_corn-stalks_ instead of muskets--... What, may it be asked, would be

the issue of the struggle?"

[1279] "The means existed of electing Burr, but this required his

co-operation. By deceiving one man (a great blockhead) and tempting two

(not incorruptible) he might have secured a majority of the States."

(Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 522-24.)

"The Federalists were confident at first, they could debauch Col.

B.[urr].... His conduct has been honorable and decisive, and greatly

embarrasses them." (Jefferson to his daughter, Jan. 4, 1801; _Works_:

Ford, ix, 166.)

[1280] "I was enabled soon to discover that he [Burr] was determined not

to shackle himself with federal principles.... When the experiment was

fully made, and acknowledged upon all hands, ... that Burr was resolved

not to commit himself, ... I came out ... for Jefferson." (Bayard to

Hamilton, March 8, 1801; _Works_: Hamilton, vi, 523.)

[1281] The Federalist managers were disgusted with Burr because he

refused to aid them in their plot to elect him. "Burr has acted a

miserable paultry part," writes Bayard. "The election was in his power,

but he was determined to come in as a Democrat.... We have been

counteracted in the whole business by letters he has written to this

place." (Bayard to Bassett, Feb. 16, 1801; _Bayard Papers_: Donnan;

126.)

Burr had not "used the least influence" to be elected. (Bayard's

Deposition; Davis: _Burr_, ii, 127.)

"_Had Burr done anything, for himself, he would, long ere this, have

been President._" (Cooper to Morris, Feb. 13, 1801; Davis: _Burr_, ii,

113.)

[1282] Depositions of Bayard and Smith, in Gillespie _vs._ Smith;

Randall, ii, 613-17; and Davis: _Burr_, ii, 135-37; also Baer to Bayard,

April 19, 1830; _ib._, 118; and see Bayard's account; Remarks in the

Senate, Jan. 31, 1835; also, Bayard to McLane, Feb. 17, 1801; _Bayard

Papers_: Donnan, 126 _et seq._

In his "Anas" (_Works_: Ford, i, 392-93) Jefferson flatly denied his

deal with the Federalists, and this, afterwards, provoked much

controversy. It now is established that the bargain was made. See

Professor McMaster's conclusion: "The price settled ... the Republicans

secured ten states." (McMaster, ii, 526.)

[1283] For accounts by participants in this exciting and historic

contest, see Gallatin's letters to his wife and to Nicholson from Feb. 5

to Feb. 19, 1801; Adams: _Gallatin_, 257-63; Dana to Wolcott, Feb. 11,

1801; Gibbs, ii, 489-90; Bayard to several friends, Feb. 22, 1801;

_Bayard Papers_, _supra_.

[1284] Jefferson to Madison, Feb. 18, 1801; _Works_: Ford, ix, 183.

[1285] After Jefferson's election, for many days the _Washington

Federalist_ carried in italics at the head of its editorial columns a

sentiment characteristic of Marshall: "_May he discharge its duties in

such a manner as to merit and receive the blessings of all good men and

without redding the cheek of the American Patriot with blushes for his

country!!!_"

[1286] Gallatin to his wife, Feb. 17, 1801; Adams: _Gallatin_, 262.

[1287] Adams to Congress, Dec. 3, 1799; _Annals_, 6th Cong., 1st Sess.,

187-88; and Richardson, i, 289. Yet at this period the business of the

courts was actually decreasing. (See Brown: _Ellsworth_, 198.) But the

measure was demanded by the bar generally and insisted upon by the

Justices of the Supreme Court. (See Gibbs, ii, 486.)

[1288] Adams to Congress, Dec. 3, 1799; as written by Marshall; Adams

MSS.

[1289] Gunn to Hamilton, Dec. 13, 1800; _Works_: Hamilton, vi, 483.

[1290] The Federalist attitude is perfectly expressed in the following

toast drunk at a banquet to Wolcott, attended by "the heads of

departments" and the Justices of the Supreme Court: "_The Judiciary of

the United States! Independent of party, independent of power and

independent of popularity._" (_Gazette of the United States_, Feb. 7,

1801.)

[1291] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 316.

[1292] _Annals_, 6th Cong., 1st Sess., Dec. 19, 837-38.

[1293] _Richmond Examiner_, Feb. 6, 1801.

[1294] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 159. The

Republicans were chiefly alarmed because, in the extension of the

National Judiciary, offices would be provided for Federalists. Even

Jefferson then saw nothing but patronage in the Judiciary Act.

The "evident" purpose of the bill, said the _Aurora_, Feb. 4, 1801, was

to "increase the influence of the present Executive and provide a

_comfortable retreat_ for some of those _good federalists_ who have

found it convenient to resign from their offices or been dismissed from

them by the people."

In comparison to this objection little attention was paid to the more

solid ground that the National Judiciary would be used to "force the

introduction of the common law of England as a part of the law of the

United States"; or even to the objection that, if the Judiciary was

extended, it would "strengthen the system of terror by the increase of

prosecutions under the Sedition law"; or to the increase of the

"enormous influence" given the National Courts by the Bankruptcy Law.

The _Aurora_, March 18, 1801, sounded the alarm on these and other

points in a clanging editorial, bidding "_the people beware_," for "the

hell hounds of persecution may be let loose ... and the people be

ROASTED into implicit acquiescence with every measure of the 'powers

that be.'" But at this time it was the creation of offices that the

Federalists would fill to which the Republicans chiefly objected.

[1295] Rutledge to Hamilton, Jan. 10, 1801; _Works_: Hamilton, vi, 511.

[1296] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161.

[1297] _Annals_, 6th Cong., 1st Sess., 878.

[1298] _Annals_, 6th Cong., 1st Sess., 879.

[1299] _Ib._ The person who made this absurd speech is not named in the

official report.

[1300] _Ib._, 896.

[1301] _Annals_, 6th Cong., 1st Sess., 897. This curious entry is,

plainly, the work of some person who wished to injure Marshall and Lee.

Nicholas's motion was lost, but only by the deciding vote of the

Speaker. (_Ib._) The bill, as finally passed, limited the jurisdiction

of the National Courts to causes exceeding four hundred dollars. (_Ib._)

[1302] _Ib._, 900, 901, 903, and 905.

[1303] _Ib._, 734.

[1304] _Ib._, 740-41.

[1305] _Ib._, 741.

[1306] _Ib._, 742.

[1307] Adams to Jay, Dec. 19, 1800; _Works_: Adams, ix, 91.

[1308] Jay to Adams, Jan. 2, 1801; _Jay_: Johnston, iv, 284. Jay refused

the reappointment because he believed the Supreme Court to be fatally

lacking in power. See chap. I, vol. III, of this work.

[1309] Gunn to Hamilton, Dec. 18, 1800; _Works_: Hamilton, vi, 492.

[1310] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 159. It

is impossible to imagine what this "something worse" was. It surely was

not Marshall, who was in nobody's mind for the Chief Justiceship when

Jay was named.

[1311] Pickering to King, Jan. 12, 1801; King, iii, 367.

[1312] Story, in Dillon, iii, 359.

[1313] Adams to William Cunningham, Nov. 7, 1808; _Cunningham Letters_,

no. xiv, 44; also mentioned in Gibbs, ii, 349.

[1314] Gibbs, ii, 349, 350.

[1315] As we have seen, Marshall's "reading of the science," "fresh" or

stale, was extremely limited.

[1316] Adams to Boudinot, Jan. 26, 1801; _Works_: Adams, ix, 93-94.

Adams's description of Marshall's qualifications for the Chief

Justiceship is by way of contrast to his own. "The office of Chief

Justice is too important for any man to hold of sixty-five years of age

who has wholly neglected the study of the law for six and twenty years."

(_Ib._) Boudinot's "rumor" presupposes an understanding between

Jefferson and Adams.

[1317] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan,

122.

[1318] _Aurora_, Jan. 22, 1801.

[1319] It is worthy of repetition that practically all the emphasis in

their attacks on this act was laid by the Republicans on the point that

offices were provided for Federalists whose characters were bitterly

assailed. The question of the law's enlargement of National power was,

comparatively, but little mentioned; and the objections enlarged upon in

recent years were not noticed by the fierce partisans of the time.

[1320] _Aurora_, Feb. 3, 1801.

[1321] _Baltimore American_; reprinted in the _Aurora_, April 2, 1801.

[1322] _Richmond Examiner_, Feb. 6, 1801.

[1323] Marshall's nomination was confirmed January 27, 1801, a week

after the Senate received it. Compare with the Senate's quick action on

the nomination of Marshall as Secretary of State, May 12, 1800,

confirmed May 13. (Executive Journal of the Senate, iii.)

[1324] Adams to Dexter, Jan. 31, 1801; _Works_: Adams, ix, 95-96.

[1325] Marshall to Adams, Feb. 4, 1801; _ib._, 96.

[1326] Adams to Marshall, Feb. 4, 1801; _ib._, 96.

[1327] Same to same, Feb. 4, 1801; _ib._, 96-97.

[1328] Jay held both offices for six months.

[1329] Auditor's Files, Treasury Department, no. 12, 166. This fact is

worthy of mention only because Marshall's implacable enemies intimated

that he drew both salaries. He could have done so, as a legal matter,

and would have been entirely justified in doing so for services actually

rendered. But he refused to take the salary of Secretary of State.

[1330] Ames to Smith, Feb. 16, 1801; _Works_: Ames, i, 292.

[1331] Marshall to Wolcott, Feb. 24, 1801; Gibbs, ii. 495.

[1332] Wolcott to Marshall, March 2, 1801; Gibbs, ii, 496.

[1333] The irresponsible and scurrilous Callender, hard-pressed for some

pretext to assail Marshall, complained of his having procured the

appointment of relatives to the Judiciary establishment. "Mr. John

Marshall has taken particular care of his family," writes Jefferson's

newspaper hack, in a characteristically partisan attack upon Adams's

judicial appointments. (Scots Correspondent, in _Richmond Examiner_,

March 13, 1801.)

Joseph Hamilton Davies, a brother-in-law of Marshall's, was appointed

United States Attorney for the District of Kentucky; George Keith

Taylor, another brother-in-law, was appointed United States Judge of the

Fourth Circuit; and Marshall's brother, James M. Marshall, was appointed

Assistant Judge of the Territory (District) of Columbia. These

appointments were made, however, before the new Judiciary Act was

passed. (Executive Journal of the Senate, i, 357, 381, 387.) Callender

appears to have been the only person to criticize these appointments.

Even Jefferson did not complain of them or blame Marshall for them. The

three appointees were competent men, well fitted for the positions; and

their appointment, it seems, was commended by all.

[1334] Jefferson to Rush, March 24, 1801; _Works_: Ford, ix, 231.

[1335] The Republicans did so later. "This outrage on decency should not

have its effect, except in life appointments [judges] which are

irremovable." (Jefferson to Knox, March 27, 1801; _Works_: Ford, ix,

237.)

[1336] Parton: _Jefferson_, 585-86. Parton relates this absurd tale on

the authority of Jefferson's great-granddaughter. Yet this third-hand

household gossip has been perpetuated by serious historians. The only

contemporary reference is in the address of John Fowler of Kentucky to

his constituents published in the _Aurora_ of April 9, 1801: "This

disgraceful abuse was continued to the latest hour of the President's

holding his office." The "shameful abuse" was thus set forth: "It

[Judiciary Law of 1801] creates a host of judges, marshalls, attorneys,

clerks, &c, &c, and is calculated, if it could endure, to unhinge the

state governments and render the state courts contemptible, while it

places the courts of law in the hands of creatures of those who have

lost the confidence of the people by their misconduct. The insidiousness

of its design has been equalled only by the shameless manner of its

being carried into execution. The Constitution disables any member of

Congress from filling an office created during his period of service.

The late President [Adams] removed persons from other branches of the

Judiciary, to the offices created by this law & then put members of

Congress into the thus vacated offices.... This law can be considered in

no other light than as providing pensions for the principals and

adherents of a party [Federalist]. The evil however will not I trust be

durable and as it was founded in fraud the return of a wiser system will

release the country from the shame and imposition." (Fowler to his

constituents in the _Aurora_, April 9, 1801.)

[1337] Jefferson to Rush, March 24, 1801; _Works_: Ford, ix, 230-31; to

Knox, March 27, 1801; _ib._, 237; to Mrs. Adams, June 13, 1804; _ib._,

x, 85.

[1338] Neither Randall nor Tucker, Jefferson's most complete and

detailed biographers, both partisans of the great Republican, mentions

the Lincoln-Marshall story, although, if it had even been current at the

time they wrote, it is likely that they would have noticed it.

[1339] Jefferson to Knox, _supra_.

END OF VOLUME II

APPENDIX

I. LIST OF CASES

ARGUED BY MARSHALL BEFORE THE COURT OF APPEALS OF VIRGINIA

_Case_ _Date_ _Reported_

Joseph Cutchin _v._ William

Wilkinson Spring Term, 1797 1 Call, 1

William Fairclaim, lessee, _v._

Richardand Elizabeth Guthrie Spring Term, 1797 1 Call, 5

Cabell _et al._ _v._ Hardwick Fall Term, 1798 1 Call, 301

Hopkins _v._ Blane Fall Term, 1798 1 Call, 315

Pryor _v._ Adams Fall Term, 1798 1 Call, 332

Proudfit _v._ Murray Fall Term, 1798 1 Call, 343

Harrison _v._ Harrison, _et al._ Fall Term, 1798 1 Call, 364

Shaw _et al._ _v._ Clements Fall Term, 1798 1 Call, 373

Graves _v._ Webb Fall Term, 1798 1 Call, 385

Jones _v._ Jones Fall Term, 1798 1 Call, 396

Auditor of Public Accounts _v._

Graham Fall Term, 1798 1 Call, 411

Beverley _v._ Fogg Spring Term, 1799 1 Call, 421

Rowe _et al._ _v._ Smith Spring Term, 1799 1 Call, 423

Ritchie & Co. _v._ Lyne Spring Term, 1799 1 Call, 425

Eckhols _v._ Graham, _et al._ Spring Term, 1799 1 Call, 428

Noel _v._ Sale Spring Term, 1799 1 Call, 431

Lee _v._ Love & Co. Spring Term, 1799 1 Call, 432

Wilson _v._ Rucker Spring Term, 1799 1 Call, 435

Garlington _v._ Clutton Spring Term, 1799 1 Call, 452

Taliaferro _v._ Minor Spring Term, 1799 1 Call, 456

Hacket _v._ Alcock Spring Term, 1799 1 Call, 463

Rose _v._ Shore Spring Term, 1799 1 Call, 469

Smith _v._ Dyer Spring Term, 1799 1 Call, 488

Macon _v._ Crump Spring Term, 1799 1 Call, 500

Flemings _v._ Willis _et ux._ Fall Term, 1799 2 Call, 5

Eppes, Ex'r, _v._ DeMoville, Adm'r Fall Term, 1799 2 Call, 19

Cooke _v._ Simms Fall Term, 1799 2 Call, 33

Lawrason, Adm'r _v._ Davenport

_et al._ Fall Term, 1799 2 Call, 79

Price _et al._ _v._ Campbell Fall Term, 1799 2 Call, 92

Eppes _et al._, Ex'rs, _v._ Randolph Fall Term, 1799 2 Call, 103

Taliaferro _v._ Minor Fall Term, 1799 2 Call, 156

Anderson _v._ Anderson Fall Term, 1799 2 Call, 163

Crump _et al._ _v._ Dudley _et ux._ June, 1790 3 Call, 439

Beall _v._ Edmondson June, 1790 3 Call, 446

Johnsons _v._ Meriwether July, 1790 3 Call, 454

Barrett _et al._ _v._ Floyd _et al._ July, 1790 3 Call, 460

Syme _v._ Johnston December, 1790 3 Call, 482

Ross _v._ Pynes December, 1790 3 Call, 490

Rev. John Bracken _v._ The Visitors

of William and Mary College December, 1790 3 Call, 495

Hite _et al._ _v._ Fairfax _et al._ May, 1786 4 Call, 42

Pickett _v._ Claiborne October, 1787 4 Call, 99

Beall _v._ Cockburn July, 1790 4 Call, 162

Hamilton _v._ Maze June, 1791 4 Call, 196

Calvert _v._ Bowdoin June, 1791 4 Call, 217

Tabb _v._ Gregory April, 1792 4 Call, 225

Ross _v._ Gill et ux. April, 1794 4 Call, 250

White _v._ Jones October, 1792 4 Call, 253

Marshall _et al._ _v._ Clark November, 1791 4 Call, 268

Foushee _v._ Lea April, 1795 4 Call, 279

Braxton _et al._ _v._ Winslow

_et al._ April, 1791 4 Call, 308

Commonwealth _v._ Cunningham & Co. October, 1793 4 Call, 331

Johnston _v._ Macon December, 1790 4 Call, 367

Hooe _v._ Marquess October, 1798 4 Call, 416

Chapman _v._ Chapman April, 1799 4 Call, 430

Mayo _v._ Bentley October, 1800 4 Call, 528

Turberville _v._ Self April, 1795 4 Call, 580

Executors of William Hunter and

the Executors of Herndon _v._

Alexander Spotswood Fall Term, 1792 1 Wash. 145

Stevens _v._ Taliaferro, Adm'r Spring Term, 1793 1 Wash. 155

Kennedy _v._ Baylor Spring Term, 1793 1 Wash. 162

Baird and Briggs _v._ Blaigove, Ex'r Spring Term, 1793 1 Wash. 170

Bannister's Ex'rs _v._ Shore Spring Term, 1793 1 Wash. 173

Clayborn, Ex'r _v._ Hill Spring Term, 1793 1 Wash. 177

Anderson _v._ Bernard Spring Term, 1793 1 Wash. 186

Johnson _v._ Bourn Spring Term, 1793 1 Wash. 187

Eustace _v._ Gaskins, Ex'r Spring Term, 1793 1 Wash. 188

Wilson and McRae _v._ Keeling Fall Term, 1793 1 Wash. 195

Payne, Ex'r, _v._ Dudley, Ex'r Fall Term, 1793 1 Wash. 196

Hawkins _v._ Berkley Fall Term, 1793 1 Wash. 204

Hooe & Harrison _et al._ _v._ Mason Fall Term, 1793 1 Wash. 207

Thweat & Hinton _v._ Finch Fall Term, 1793 1 Wash. 217

Brown's Adm'r _v._ Garland _et al._ Fall Term, 1793 1 Wash. 221

Jones _v._ Williams & Tomlinson Fall Term, 1793 1 Wash. 230

Coleman _v._ Dick & Pat Fall Term, 1793 1 Wash. 233

Taylor's Adm'rs _v._ Peyton's

Adm'rs Spring Term, 1794 1 Wash. 252

Smith and Moreton _v._ Wallace Spring Term, 1794 1 Wash. 254

Carr _v._ Gooch Spring Term, 1794 1 Wash. 260

Cole _v._ Clayborn Spring Term, 1794 1 Wash. 262

Shermer _v._ Shermer Fall Term, 1794 1 Wash. 266

Ward _v._ Webber _et ux._ Fall Term, 1794 1 Wash. 274

Applebury _et al._ _v._

Anthony's Ex'rs Fall Term, 1794 1 Wash. 287

Smallwood _v._ Mercer _et al._ Fall Term, 1794 1 Wash. 290

Minnis Ex'r, _v._ Philip Aylett Fall Term, 1794 1 Wash. 300

Brown's Ex'rs _v._ Putney Fall Term, 1794 1 Wash. 302

Leftwitch _et ux._ _v._ Stovall Fall Term, 1794 1 Wash. 303

Lee, Ex'r, _v._ Cooke Fall Term, 1794 1 Wash. 306

Burnley _v._ Lambert Fall Term, 1794 1 Wash. 308

Cooke _v._ Beale's Ex'rs Fall Term, 1794 1 Wash. 313

Dandridge _v._ Harris Fall Term, 1794 1 Wash. 326

Nicolas _v._ Fletcher Fall Term, 1794 1 Wash. 330

Watson & Hartshorne _v._ Alexander Fall Term, 1794 1 Wash. 340

Wroe _v._ Washington _et al._ Fall Term, 1794 1 Wash. 357

Cosby, Ex'r, _v._ Hite Fall Term, 1794 1 Wash. 365

Hewlett _v._ Chamberlayne Fall Term, 1794 1 Wash. 367

Pendleton _v._ Vandevier Fall Term, 1794 1 Wash. 381

Walden, Ex'r, _v._ Payne Fall Term, 1794 2 Wash. 1

James Roy _et al._ _v._ Muscoe

Garnett Fall Term, 1794 2 Wash. 9

James Ferguson _et al._ _v._ Moore Spring Term, 1795 2 Wash. 54

Currie _v._ Donald Spring Term, 1795 2 Wash. 58

Shelton _v._ Barbour Spring Term, 1795 2 Wash. 64

Brock _et al._ _v._ Philips Spring Term, 1795 2 Wash. 68

Turner _v._ Moffett Spring Term, 1795 2 Wash. 70

Turberville _v._ Self Spring Term, 1795 2 Wash. 71

Brydie _v._ Langham Spring Term, 1795 2 Wash. 72

Bernard _v._ Brewer Fall Term, 1795 2 Wash. 76

Philip McRae _v._ Richard Woods Fall Term, 1795 2 Wash. 80

Newell _v._ The Commonwealth Fall Term, 1795 2 Wash. 88

White _v._ Atkinson Fall Term, 1795 2 Wash. 94

Martin & William Picket _v._ James

Dowdall Fall Term, 1795 2 Wash. 106

Claiborne _v._ Parrish Fall Term, 1795 2 Wash. 146

Brown _et al._ _v._ Adm'r, Thomas

Brown, dec'd Fall Term, 1795 2 Wash. 151

Harrison, Ex'r, _v._ Sampson Fall Term, 1795 2 Wash. 155

Harvey _et ux._ _v._ Borden Fall Term, 1795 2 Wash. 156

Lee _v._ Turberville Fall Term, 1795 2 Wash. 162

Jordan _v._ Neilson Fall Term, 1795 2 Wash. 164

Ruffin _v._ Pendleton & Courtney Spring Term, 1796 2 Wash. 184

Pearpoint _v._ Henry Spring Term, 1796 2 Wash. 192

Sarah Walker & Thomas Walker,

Ex'rs, _v._ Thomas Walke[r] Spring Term, 1796 2 Wash. 195

Davenport _v._ Mason Spring Term, 1796 2 Wash. 200

Lewis Stephens _v._ Alexander White Fall Term, 1796 2 Wash. 203

Picket _v._ Morris Fall Term, 1796 2 Wash. 255

Booth's Ex'rs _v._ Armstrong Fall Term, 1796 2 Wash. 301

II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS OF THE CITIZENS OF RICHMOND,

VIRGINIA

I will not, Gentlemen, attempt to describe the emotions of joy which my

return to my native country, and particularly to this city, has excited

in my mind; nor can I paint the sentiments of affection and gratitude

towards you which my heart has ever felt, and which the kind and partial

reception now given me by my fellow citizens cannot fail to increase. He

only who has been ... absent from a much loved country, and from friends

greatly and deservedly esteemed--whose return is welcomed with

expressions, which, di[rec]ted by friendship, surpass his merits or his

ho[pes,] will judge of feelings to which I cannot do justice.

The situation in which the late Envoys from [the] United States to the

_French Republic_ found themselves in _Paris_ was, indeed, attended with

the unpleasant circumstances which you have traced.--Removed far from

the councils of their country, and receiving no intelligence concerning

it, the scene before them could not fail to produce the most anxious and

disquieting sensations. Neither the ambition, the power, nor the hostile

temper of _France_, was concealed from them; nor could they be

unacquainted with the earnest and unceasing solicitude felt by the

government and people of the _United States_ for peace. But midst these

difficulties, they possessed, as guides, clear and explicit

instructions, a conviction of the firmness and magnanimity, as well as

of the justice and pacific temper of their government, and a strong

reliance on that patriotism and love of liberty, which can never cease

to glow in the American bosom. With these guides, however thorny the

path of duty might be, they could not mistake it. It was their duty,

unmindful of personal considerations, to pursue peace with unabating

zeal, through all the difficulties with which the pursuit was

embarrassed by a haughty and victorious government, holding in perfect

contempt the rights of others, but to repel, with unhesitating decision,

any propositions, an acceptance of which would subvert the independence

of the _United States_.--This they have endeavoured to do. I delight to

believe that their endeavours have not dissatisfied their government or

country, and it is most grateful to my mind to be assured that they

receive the approbation of my fellow-citizens in _Richmond_, and its

vicinity.

I rejoice that I was not mistaken in the opinion I had formed of my

countrymen. I rejoice to find, though they know how to estimate, and

therefore seek to avoid the horrors and dangers of war, yet they know

also how to value the blessings of liberty and national

independence:--They know that peace would be purchased at too high a

price by bending beneath a foreign yoke, and that peace so purchased

could be but of short duration. The nation thus submitting would be soon

involved in the quarrels of its master, and would be compelled to

exhaust its blood and its treasure, not for its own liberty, its own

independence, or its own rights, but for the aggrandizement of its

oppressor. The modern world unhappily exhibits but too plain a

demonstration of this proposition. I pray heaven that _America_ may

never contribute its still further elucidation.

Terrible to her neighbors on the continent of _Europe_, as all must

admit _France_ to be, I believe that the _United States_, if indeed

united, if awake to the impending danger, if capable of employing their

whole, their undivided force--are so situated as to be able to preserve

their independence. An immense ocean placed by a gracious Providence,

which seems to watch over this rising empire, between us and the

European world, opposes of itself such an obstacle to an invading

ambition, must so diminish the force which can be brought to bear upon

us, that our resources, if duly exerted, must be adequate to our

protection, and we shall remain free if we do not deserve to be slaves.

You do me justice, gentlemen, when you suppose that consolation must be

derived from a comparison of the Administration of the American

Government, with that which I have lately witnessed. To a citizen of the

_United States_, so familiarly habituated to the actual possession of

liberty, that he almost considers it as the inseparable companion of

man, a view of the despotism, which borrowing the garb and usurping the

name of freedom, tyrannizes over so large and so fair a proportion of

the earth, must teach the value which he ought to place on the solid

safety and real security he enjoys at home. In support of these, all

temporary difficulties, however great, ought to be encountered, and I

agree with you that the loss of them would poison and embitter every

other joy; and that deprived of them, men who aspire to the exalted

character of freemen, would turn with loathing and disgust from every

other comfort of life.

To me, gentlemen, the attachment you manifest to the government of your

choice affords the most sincere satisfaction. Having no interests

separate from or opposed to those of the people, being themselves

subject in common with others, to the laws they make, being soon to

return to that mass from which they are selected for a time in order to

conduct the affairs of the nation, it is by no means probable that those

who administer the government of the _United States_ can be actuated by

other motives than the sincere desire of promoting the real prosperity

of those, whose destiny involves their own, and in whose ruin they must

participate. Desirable as it is at all times, a due confidence in our

government, it is peculiarly so in a moment of peril like the present,

in a moment when the want of that confidence must impair the means of

self defence, must increase a danger already but too great, and furnish,

or at least give the appearance of furnishing, to a foreign real enemy,

those weapons, which have so often been so successfully used.

Accept, gentlemen, my grateful acknowledgments for your kind expressions

concerning myself, and do me the justice to believe, that your

prosperity, and that of the city of _Richmond_ and its vicinity, will

ever be among the first wishes of my heart.

(From _Columbian Centinel_, Saturday, Sept. 22, 1798.)

III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL

VIRGINIA. Fredericksburg, Oct. 2

POLITICAL QUESTIONS

_Addressed to General_ MARSHALL _with his Answer thereto_

To J. MARSHALL, Esq.

RICHMOND, Sept. 12.

DEAR SIR,

Under a conviction that it will be of utility, should the answers to the

following questions be such as I anticipate, I state them with a

confidence of your readiness to give replies. They will, at all events,

greatly satisfy my mind.

_1st._ Do you not in heart, and sentiment, profess yourself an

American--attached to the genuine principles of the Constitution, as

sanctioned by the will of the people, for their general liberty,

prosperity and happiness?

_2d._ Do you conceive that the true interest and prosperity of

_America_, is materially, or at all, dependent upon an alliance with any

foreign nation? If you do, please state the causes, and a preference, if

any exists, with the reasons for that preference.

_3d._ Are you in favor of an alliance, offensive and defensive, with

_Great Britain_? In fine, are you disposed to advocate any other, or a

closer connection with that nation, than exists at the ratification of

the treaty of 1794? If so, please state your reasons.

_4th._ By what general principles, in your view, have the measures of

our Administration and Government, in respect to _France_, been

consistent with true policy or necessity? And could not the consequences

have been avoided by a different line of conduct on our part?

_5th._ Are you an advocate for the Alien and Sedition Bills? Or, in the

event of your election, will you use your influence to obtain a appeal

of these laws?

A FREEHOLDER

(_Columbian Centinel_, Boston, Mass., Saturday, October 20, 1798.)

MARSHALL'S ANSWERS TO FREEHOLDER'S QUESTIONS

RICHMOND, Sept. 20, '98.

DEAR SIR:--

I have just received your letter of yesterday, [_sic_] and shall with

equal candor and satisfaction, answer all your queries. Every citizen

has a right to know the political sentiments of the man who is proposed

as his representative; and mine have never been of a nature to shun

examination. To those who think another gentleman more capable of

serving the district than myself, it would be useless to explain my

opinions because whatever my opinions may be, they will, and ought, to

vote for that other; but I cannot help wishing that those who think

differently, would know my real principles, and not attribute to me

those I never possessed; and with which active calumny has been pleased

to asperse me.

_Answ._ 1. In heart and sentiment, as well as by birth and interest, I

am an American, attached to the genuine principles of the constitution,

as sanctioned by the will of the people, for their general liberty,

prosperity and happiness. I consider that constitution as the rock of

our political salvation, which has preserved us from misery, division

and civil wars; and which will yet preserve us if we value it rightly

and support it firmly.

_2._ I do not think the interest and prosperity of America, at all

dependent on the alliance with any foreign nation; nor does the man

exist who would regret more than myself the formation of such an

alliance. In truth, America has, in my opinion, no motive for forming

such connection, and very powerful motives for avoiding them. Europe is

eternally engaged in wars in which we have no interest; and with which

the fondest policy forbids us to intermeddle.

We ought to avoid any compact which may endanger our being involved in

them. My sentiments on this subject are detailed at large in the

beginning of the memorial addressed by the late envoys from the United

States to the minister of foreign affairs of the French Republic, where

the neutrality of the United States is justified, and the reasons for

that neutrality stated.

_3rd._ I am not in favor of an alliance offensive and defensive with

Great Britain nor for closer connection with that nation than already

exists. No man in existence is more decidedly opposed to such an

alliance, or more fully convinced of the evils that would result from

it. I never have, in thought, word, or deed, given the smallest reason

to suspect I wished it; nor do I believe any man acquainted with me does

suspect it. Those who originate and countenance such an idea, may (if

they know me) design to impose on others, but they do not impose on

themselves.

The whole of my politics respecting foreign nations are reducible to

this single position. We ought to have commercial intercourse with all,

but political ties with none. Let us buy cheap and sell as dear as

possible. Let commerce go wherever individual, and consequently national

interest, will carry it; but let us never connect ourselves politically

with any nation whatever.

I have not a right to say, nor can I say positively, what are the

opinions of those who administer the Government of the United States;

but I believe firmly that neither the President, nor any one of those

with whom he advises, would consent to form a close and permanent

political connection with any nation upon earth.

Should France continue to wage an unprovoked war against us, while she

is also at war with Britain, it would be madness and folly not to

endeavor to make such temporary arrangements as would give us the aid of

the British fleets to prevent our being invaded; but I would not, even

to obtain so obvious a good, make such a sacrifice as I think we should

make, by forming a permanent political connection with that, or any

other nation on earth.

_4th._ The measures of the administration and government of the United

States with respect to France have in my opinion been uniformly directed

by a sincere and unequivocal desire to observe, faithfully, the treaties

existing between the two nations and to preserve the neutrality and

independence of our country.--Had it been possible to maintain peace

with France without sacrificing those great objects, I am convinced that

our government would have maintained it.

Unfortunately it has been impossible. I do not believe that any

different line of conduct on our part, unless we would have relinquished

the rights of self government, and have become the colonies of France,

could have preserved peace with that nation.--But be assured that the

primary object of France is and for a long time past has been, dominion

over others. This is a truth only to be disbelieved by those who shut

their eyes on the history and conduct of that nation.

The grand instruments by which they effect this end, to which all their

measures tend, are immense armies on their part, and divisions, which a

variety of circumstances have enabled them to create, among those whom

they wish to subdue. Whenever France has exhibited a disposition to be

just toward the United States, an accurate attention to facts now in

possession of the public, will prove that this disposition was manifest

in the hope of involving us in her wars, as a dependent and subordinate

nation.

_5th._ I am not an advocate for the alien and sedition bills; had I been

in Congress when they passed, I should, unless my judgment could have

been changed, certainly have opposed them. Yet, I do not think them

fraught with all those mischiefs which many gentlemen ascribe to them. I

should have opposed them because I think them useless; and because they

are calculated to create unnecessary discontents and jealousies at a

time when our very existence, as a nation, may depend on our union--

I believe that these laws, had they been opposed on these principles by

a man, not suspected of intending to destroy the government, or being

hostile to it, would never have been enacted. With respect to their

repeal, the effort will be made before I can become a member of

Congress.

If it succeeds there will be an end of the business--if it fails, I

shall on the question of renewing the effort, should I be chosen to

represent the district, obey the voice of my constituents. My own

private opinion is, that it will be unwise to renew it for this reason:

the laws will expire of themselves, if I recollect rightly the time for

which they are enacted, during the term of the ensuing Congress. I shall

indisputably oppose their revival; and I believe that opposition will be

more successful, if men's minds are not too much irritated by the

struggle about a repeal of laws which will, at the time, be expiring of

themselves.

J. MARSHALL.

(From _Times and Virginia Advertiser_, Alexandria, Va., Oct. 11,

1798.)

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---- Writings. Edited by Jared Sparks. 12 vols. Boston. 1834-37.

(_Writings_: Sparks.)

_And_ Lodge, Henry Cabot. George Washington.

_Also_ Marshall, John. Life of George Washington.

_Also see_ Paulding, James K. Life of Washington.

WASHINGTON, H. A., _editor_. _See_ Jefferson, Thomas. Writings.

WATSON, JOHN FANNING. Annals of Philadelphia and Pennsylvania, In the

Olden Time. 3 vols. Philadelphia. 1877-79. (Watson: _Annals of

Philadelphia_.)

WELD, ISAAC. Travels Through the States of North America, and the

Provinces of Upper and Lower Canada During the Years 1795, 1796, and

1797. [3d Edition.] 2 vols. London. 1800. (Weld.)

WHARTON, FRANCIS. _See_ United States. State Trials.

WIRT, WILLIAM. The Letters of the British Spy. [9th Edition.] Baltimore.

1831. (Wirt: _British Spy_.)

---- Sketches of the Life and Character of Patrick Henry. Philadelphia.

1818. (Wirt.)

_See_ Kennedy, John P. Memoirs of William Wirt.

WISE, JOHN SERGEANT. The End of An Era. Boston. 1899. (Wise: _The End of

An Era_.)

WOLCOTT, OLIVER. Memoirs of the Administrations of Washington and John

Adams. Edited from the papers of Oliver Wolcott, by George Gibbs. 2

vols. New York. 1846. (Gibbs.)

WOOD, JOHN. History of Administration of John Adams, Esq. Late President

of the United States. New York. 1802. (Wood.)

* * * * *

Transcriber's Notes:

1. Passages in italics are surrounded by _underscores_.

2. Obvious errors in spelling and punctuation have been corrected.

3. Footnotes have been renumbered and moved from the page end to the

end of their respective chapters.

4. Images have been moved from the middle of a paragraph to the closest

paragraph break.

5. Certain words use an oe ligature in the original.

6. Carat character (^) followed by a single letter or a set of letters

in curly brackets is indicative of subscript in the original book.