Chapter I: Front Matter

THE LIFE OF JOHN MARSHALL

Standard Library Edition

IN FOUR VOLUMES

VOLUME II

THE LIFE
OF
JOHN MARSHALL

BY
ALBERT J. BEVERIDGE

VOLUME II

POLITICIAN, DIPLOMATIST
STATESMAN

1789-1801

BOSTON AND NEW YORK
HOUGHTON MIFFLIN COMPANY
The Riverside Press Cambridge

COPYRIGHT, 1916, BY ALBERT J. BEVERIDGE
COPYRIGHT, 1919, BY HOUGHTON MIFFLIN COMPANY

ALL RIGHTS RESERVED

CONTENTS

I. INFLUENCE OF THE FRENCH REVOLUTION ON AMERICA 1

The effort of the French King to injure Great Britain by
assisting the revolt of the colonists hastens the upheaval in
France--The French Revolution and American Government under the
Constitution begins at the same time--The vital influence of
the French convulsion on Americans--Impossible to understand
American history without considering this fact--All Americans,
at first, favor the French upheaval which they think a reform
movement--Marshall's statement--American newspapers--Gouverneur
Morris's description of the French people--Lafayette's
infatuated reports--Marshall gets black and one-sided accounts
through personal channels--The effect upon him--The fall of the
Bastille--Lafayette sends Washington the key of the prison--
The reign of blood in Paris applauded in America--American
conservatives begin to doubt the wisdom of the French
Revolution--Burke writes his "Reflections"--Paine answers with
his "Rights of Man"--The younger Adams replies in the
"Publicola" essays--He connects Jefferson with Paine's
doctrines--"Publicola" is viciously assailed in the press--
Jefferson writes Paine--The insurrection of the blacks in
St. Domingo--Marshall's account--Jefferson writes his daughter:
"I wish we could distribute the white exiles among the
Indians"--Marshall's statement of effect of the French
Revolution in America--Jefferson writes to Short:
"I would rather see half the earth desolated"--Louis XVI
guillotined--Genêt arrives in America--The people greet him
frantically--His outrageous conduct--The Republican newspapers
suppress the news of or defend the atrocities of the
revolutionists--The people of Philadelphia guillotine Louis XVI
in effigy--Marie Antoinette is beheaded--American rejoicing at
her execution--Absurd exaggeration by both radicals and
conservatives in America--The French expel Lafayette--Washington
sends Marshall's brother to secure his release from the
Allies--He fails--Effect upon Marshall--Ridiculous conduct of
the people in America--All titles are denounced: "Honorable,"
"Reverend," even "Sir" or "Mr." considered "aristocratic"--The
"democratic societies" appear--Washington denounces them--Their
activities--Marshall's account of their decline--The influence
on America of the French Revolution summarized--Marshall and
Jefferson.

II. A VIRGINIA NATIONALIST 45

The National Government under the Constitution begins--Popular
antagonism to it is widespread--Virginia leads this general
hostility--Madison has fears--Jefferson returns from France--
He is neutral at first--Madison is humiliatingly defeated for
Senator of the United States because of his Nationalism--The
Legislature of Virginia passes ominous Anti-Nationalist
resolutions--The Republicans attack everything done or
omitted by Washington's Administration--Virginia leads the
opposition--Washington appoints Marshall to be United States
District Attorney--Marshall declines the office--He seeks and
secures election to the Legislature--Is given his old committees
in the House of Delegates--Is active in the general business of
the House--The amendments to the Constitution laid before the
House of Delegates--They are intended only to quiet opposition
to the National Government--Hamilton presents his financial
plan--"The First Report on the Public Credit"--It is furiously
assailed--Hamilton and Jefferson make the famous
Assumption-Capitol "deal"--Jefferson's letters--The Virginia
Legislature strikes Assumption--Virginia writes the Magna
Charta of State Rights--Marshall desperately resists these
Anti-Nationalist resolutions and is badly beaten--Jefferson
finally agrees to the attitude of Virginia--He therefore opposes
the act to charter the Bank of the United States--He and
Hamilton give contrary opinions--The contest over "implied
powers" begins--Political parties appear, divided by Nationalism
and localism--Political parties not contemplated by the
Constitution--The word "party" a term of reproach to our early
statesmen.

III. LEADING THE VIRGINIA FEDERALISTS 77

Marshall, in Richmond, is aggressive for the unpopular measures
of Washington's Administration--danger of such conduct in
Virginia--Jefferson takes Madison on their celebrated northern
tour--Madison is completely changed--Jefferson fears Marshall--
Wishes to get rid of him: "Make Marshall a judge"--Jefferson's
unwarranted suspicions--He savagely assails the Administration
of which he is a member--He comes to blows with Hamilton--The
Republican Party grows--The causes for its increased strength--
Pennsylvania resists the tax on whiskey--The Whiskey Rebellion--
Washington denounces and Jefferson defends it--Militia ordered
to suppress it--Marshall, as brigadier-general of militia,
prepares to take the field--War breaks out between England and
France--Washington proclaims American Neutrality--Outburst
of popular wrath against him--Jefferson resigns from the
Cabinet--Marshall supports Washington--At the head of the
military forces he suppresses the riot at Smithfield and
takes a French privateer--The Republicans in Richmond attack
Marshall savagely--Marshall answers his assailants--They make
insinuations against his character: the Fairfax purchase, the
story of Marshall's heavy drinking--The Republicans win on their
opposition to Neutrality--Great Britain becomes more hostile
than ever--Washington resolves to try for a treaty in order
to prevent war--Jay negotiates the famous compact bearing his
name--Terrific popular resentment follows: Washington abused,
Hamilton stoned, Jay burned in effigy, many of Washington's
friends desert him--Toast drank in Virginia "to the speedy death
of General Washington"--Jefferson assails the treaty--Hamilton
writes "Camillus"--Marshall stands by Washington--Jefferson
names him as the leading Federalist in Virginia.

IV. WASHINGTON'S DEFENDER 122

Marshall becomes the chief defender of Washington in
Virginia--The President urges him to accept the office of
Attorney-General--He declines--Washington depends upon
Marshall's judgment in Virginia politics--Vicious opposition
to the Jay Treaty in Virginia--John Thompson's brilliant
speech expresses popular sentiment--He couples the Jay
Treaty with Neutrality: "a sullen neutrality between
freemen and despots"--The Federalists elect Marshall to the
Legislature--Washington is anxious over its proceedings--
Carrington makes absurdly optimistic forecast--The Republicans
in the Legislature attack the Jay Treaty--Marshall defends it
with great adroitness--Must the new House of Representatives be
consulted about treaties?--Carrington writes Washington that
Marshall's argument was a demonstration--Randolph reports to
Jefferson that Marshall's speech was tricky and ineffectual--
Marshall defeated--Amazing attack on Washington and stout
defense of him led by Marshall--Washington's friends beaten--
Legislature refuses to vote that Washington has "wisdom"--
Jefferson denounces Marshall: "His lax, lounging manners and
profound hypocrisy"--Washington recalls Monroe from France and
tenders the French mission to Marshall, who declines--The
Fauchet dispatch is intercepted and Randolph is disgraced--
Washington forces him to resign as Secretary of State--The
President considers Marshall for the head of his Cabinet--
The opposition to the Jay Treaty grows in intensity--Marshall
arranges a public meeting in Richmond--The debate lasts
all day--The reports as to the effect of his speeches
contradictory--Marshall describes situation--The Republicans
make charges and Marshall makes counter-charges--The national
Federalist leaders depend on Marshall--They commission him to
sound Henry on the Presidency as the successor of Washington--
Washington's second Administration closes--He is savagely abused
by the Republicans--The fight in the Legislature over the
address to him--Marshall leads the Administration forces and is
beaten--The House of Delegates refuse to vote that Washington
is wise, brave, or even patriotic--Washington goes out of the
Presidency amid storms of popular hatred--The "Aurora's"
denunciation of him--His own description of the abuse: "indecent
terms that could scarcely be applied to a Nero, a defaulter, or
a common pickpocket"--Jefferson is now the popular hero--All
this makes a deep and permanent impression on Marshall.

V. THE MAN AND THE LAWYER 166

An old planter refuses to employ Marshall as his lawyer because
of his shabby and unimpressive appearance--He changes his mind
after hearing Marshall address the court--Marshall is conscious
of his superiority over other men--Wirt describes Marshall's
physical appearance--He practices law as steadily as his
political activities permit--He builds a fine house adjacent
to those of his powerful brothers-in-law--Richmond becomes a
flourishing town--Marshall is childishly negligent of his
personal concerns: the Beaumarchais mortgage; but he is extreme
in his solicitude for the welfare of his relatives: the letter
on the love-affair of his sister; and he is very careful of the
business entrusted to him by others--He is an enthusiastic Free
Mason and becomes Grand Master of that order in Virginia--He
has peculiar methods at the bar: cites few authorities, always
closes in argument, and is notably honest with the court: "The
law is correctly stated by opposing counsel"--Gustavus Schmidt
describes Marshall--He is employed in the historic case of Ware
_vs._ Hylton--His argument in the lower court so satisfactory to
his clients that they select him to conduct their case in the
Supreme Court of the United States--Marshall makes a tremendous
and lasting impression by his effort in Philadelphia--Rufus King
pays him high tribute--After twenty-four years William Wirt
remembers Marshall's address and describes it--Wirt advises his
son-in-law to imitate Marshall--Francis Walker Gilmer writes,
from personal observation, a brilliant and accurate analysis of
Marshall as lawyer and orator--The Federalist leaders at the
Capital court Marshall--He has business dealings with Robert
Morris--The Marshall syndicate purchases the Fairfax estate--
Marshall's brother marries Hester Morris--The old financier
makes desperate efforts to raise money for the Fairfax
purchase--Marshall compromises with the Legislature of
Virginia--His brother finally negotiates a loan in Antwerp on
Morris's real estate and pays half of the contract price--
Robert Morris becomes bankrupt and the burden of the Fairfax
debt falls on Marshall--He is in desperate financial
embarrassment--President Adams asks him to go to France as a
member of the mission to that country--The offer a "God-send" to
Marshall, who accepts it in order to save the Fairfax estate.

VI. ENVOY TO FRANCE 214

Marshall starts for France--Letters to his wife--Is bored
by the social life of Philadelphia--His opinion of Adams--The
President's opinion of Marshall--The "Aurora's" sarcasm--The
reason for sending the mission--Monroe's conduct in Paris--The
Republicans a French party--The French resent the Jay Treaty
and retaliate by depredations on American Commerce--Pinckney,
as Monroe's successor, expelled from France--President Adams's
address to Congress--Marshall, Pinckney, and Gerry are
sent to adjust differences between France and America--Gerry's
appointment is opposed by entire Cabinet and all Federalist
leaders because of their distrust of him--Adams cautions Gerry
and Jefferson flatters him--Marshall arrives at The Hague--
Conditions in France--Marshall's letter to his wife--His long,
careful and important letter to Washington--His letter to
Lee from Antwerp--Marshall and Pinckney arrive at Paris--The
city--The corruption of the Government--Gerry arrives--The
envoys meet Talleyrand--Description of the Foreign Minister--His
opinion of America and his estimate of the envoys--Mysterious
intimations.

VII. FACING TALLEYRAND 257

Marshall urges formal representation of American grievances
to French Government--Gerry opposes action--The intrigue
begins--Hottenguer appears--The Directory must be "soothed" by
money "placed at the disposal of M. Talleyrand"--The French
demands: "pay debts due from France to American citizens,
pay for French spoliations of American Commerce, and make a
considerable loan and something for the pocket" (a bribe of
two hundred and fifty thousand dollars)--Marshall indignantly
opposes and insists on formally presenting the American
case--Gerry will not agree--Bellamy comes forward and proposes
still harder terms: "_you must pay money, you must pay a
great deal of money_"--The envoys consult--Marshall and Gerry
disagree--Hottenguer and Bellamy breakfast with Gerry--They
again urge loan and bribe--Marshall writes Washington--His
letter an able review of the state of the country--News of
Bonaparte's diplomatic success at Campo Formio reaches
Paris--Talleyrand's agents again descend on the envoys and
demand money--"No! not a sixpence"--Marshall's bold but moderate
statement--Hauteval joins Hottenguer and Bellamy--Gerry calls
on Talleyrand: is not received--Talleyrand's agents hint at
war--They threaten the envoys with "the French party in
America"--Marshall and Pinckney declare it "degrading to carry
on indirect intercourse"--Marshall again insists on written
statement to Talleyrand--Gerry again objects--Marshall's letter
to his wife--His letter in cipher to Lee--Bonaparte appears in
Paris--His consummate acting--The fête at the Luxemburg to the
Conqueror--Effect on Marshall.

VIII. THE AMERICAN MEMORIAL 290

Madame de Villette--Her friendship with Marshall--Her proposals
to Pinckney--Beaumarchais enters the plot--Marshall his attorney
in Virginia--Bellamy suggests an arrangement between Marshall
and Beaumarchais--Marshall rejects it--Gerry asks Talleyrand
to dine with him--The dinner--Hottenguer in Talleyrand's
presence again proposes the loan and bribe--Marshall once
more insists on written statement of the American case--Gerry
reluctantly consents--Marshall writes the American memorial--
That great state paper--The French decrees against American
commerce become harsher--Gerry holds secret conferences with
Talleyrand--Marshall rebukes Gerry--Talleyrand at last receives
the envoys formally--The fruitless discussion--Altercation
between Marshall and Gerry--Beaumarchais comes with alarming
news--Marshall again writes Washington--Washington's answer--
The French Foreign Minister answers Marshall's memorial--He
proposes to treat with Gerry alone--Marshall writes reply to
Talleyrand--Beaumarchais makes final appeal to Marshall--
Marshall replies with spirit--He sails for America.

IX. THE TRIUMPHANT RETURN 335

Anxiety in America--Jefferson is eager for news--Skipwith writes
Jefferson from Paris--Dispatches of envoys, written by Marshall,
are received by the President--Adams makes alarming speech to
Congress--The strength of the Republican Party increases--
Republicans in House demand that dispatches be made public--
Adams transmits them to Congress--Republicans are thrown into
consternation and now oppose publication--Federalist Senate
orders publication--Effect on Republicans in Congress--Effect
on the country--Outburst of patriotism: "Hail, Columbia!" is
written--Marshall arrives, unexpectedly, at New York--His
dramatic welcome at Philadelphia--The Federalist banquet:
Millions "for defense but not one cent for tribute"--Adams
wishes to appoint Marshall Associate Justice of the Supreme
Court--He declines--He is enthusiastically received at
Richmond--Marshall's speech--He is insulted at the theater in
Fredericksburg--Congress takes decisive action: Navy Department
is created and provisional army raised--Washington accepts
command--His opinions of the French--His letter to Marshall's
brother--Jefferson attacks X. Y. Z. dispatches and defends
Talleyrand--Alien and Sedition Laws are enacted--Gerry's
predicament in France--His return--Marshall disputes Gerry's
statements--Marshall's letter to his wife--He is hard pressed
for money--Compensation for services as envoy saves the Fairfax
estate--Resolves to devote himself henceforth exclusively to
his profession.

X. CANDIDATE FOR CONGRESS 374

Plight of the Federalists in Richmond--They implore Marshall
to be their candidate for Congress--He refuses--Washington
personally appeals to him--Marshall finally yields--Violence of
the campaign--Republicans viciously attack Marshall--the Alien
and Sedition Laws the central issue--"Freeholder's" questions to
Marshall--His answers--Federalists disgusted with Marshall--"The
Letters of Curtius"--The Kentucky and Virginia Resolutions--The
philosophy of secession--Madison writes address of majority of
Virginia Legislature to their constituents--Marshall writes
address of the minority which Federalists circulate as campaign
document--Republicans ridicule its length and verbosity--
Federalists believe Republicans determined to destroy the
National Government--Campaign charges against Marshall--
Marshall's disgust with politics: "Nothing more debases or
pollutes the human mind"--Despondent letter to his brother--
On the brink of defeat--Patrick Henry saves Marshall--Riotous
scenes on election day--Marshall wins by a small majority--
Washington rejoices--Federalist politicians not sure of
Marshall--Jefferson irritated at Marshall's election--Marshall
visits his father--Jefferson thinks it a political journey:
"the visit of apostle Marshall to Kentucky excites anxiety"--
Naval war with France in progress--Adams sends the second
mission to France--Anger of the Federalists--Republican
rejoicing--Marshall supports President's policy--Adams
pardons Fries--Federalists enraged, Republicans jubilant--
State of parties when Marshall takes his seat in Congress.

XI. INDEPENDENCE IN CONGRESS 432

Speaker Sedgwick's estimate of Marshall--Cabot's opinion--
Marshall a leader in Congress from the first--Prepares answer
of House to President's speech--It satisfies nobody--Wolcott
describes Marshall--Presidential politics--Marshall writes his
brother analysis of situation--Announces death of Washington,
presents resolutions, and addresses House: "first in war, first
in peace and first in the hearts of his countrymen"--Marshall's
activity in the House--He clashes with John Randolph of
Roanoke--Debate on Slavery and Marshall's vote--He votes against
his party on Sedition Law--Opposes his party's favorite measure,
the Disputed Elections Bill--Forces amendment and kills the
bill--Federalist resentment of his action: Speaker Sedgwick's
comment on Marshall--The celebrated case of Jonathan
Robins--Republicans make it principal ground of attack on
Administration--The Livingston Resolution--Marshall's great
speech on Executive power--Gallatin admits it to be
"unanswerable"--It defeats the Republicans--Jefferson's faint
praise--the "Aurora's" amusing comment--Marshall defends the
army and the policy of preparing for war--His speech the ablest
on the Army Bill--His letter to Dabney describing conditions--
Marshall helps draw the first Bankruptcy Law and, in the
opinion of the Federalists, spoils it--Speaker Sedgwick
vividly portrays Marshall as he appeared to the Federalist
politicians at the close of the session.

XII. CHIEF JUSTICE OF THE UNITED STATES 485

The shattering of Adams's Cabinet--Marshall declines office of
Secretary of War--Offered that of Secretary of State--Adams's
difficult party situation--The feud with Hamilton--Marshall
finally, and with reluctance, accepts portfolio of Secretary
of State--Republican comment--Federalist politicians approve:
"Marshall a state conservator"--Adams leaves Marshall in charge
at Washington--Examples of his routine work--His retort to the
British Minister--His strong letter to Great Britain on the
British debts--Controversy with Great Britain over contraband,
treatment of neutrals, and impressment--Marshall's notable
letter on these subjects--His harsh language to Great Britain--
Federalist disintegration begins--Republicans overwhelmingly
victorious in Marshall's home district--Marshall's despondent
letter to Otis: "The tide of real Americanism is on the ebb"--
Federalist leaders quarrel; rank and file confused and
angered--Hamilton's faction plots against Adams--Adams's inept
retaliation: Hamilton and his friends "a British faction"--
Republican strength increases--Jefferson's platform--The
second mission to France succeeds in negotiating a treaty--
Chagrin of Federalists and rejoicing of Republicans--Marshall
dissatisfied but favors ratification--Hamilton's amazing
personal attack on Adams--The Federalists dumbfounded, the
Republicans in glee--The terrible campaign of 1800--Marshall
writes the President's address to Congress--The Republicans
carry the election by a narrow margin--Tie between Jefferson and
Burr--Federalists in House determine to elect Burr--Hamilton's
frantic efforts against Burr: "The _Catiline_ of America"--
Hamilton appeals to Marshall, who favors Burr--Marshall refuses
to aid Jefferson, but agrees to keep hands off--Ellsworth
resigns as Chief Justice--Adams reappoints Jay, who declines--
Adams then appoints Marshall, who, with hesitation, accepts--
The appointment unexpected and arouses no interest--Marshall
continues as Secretary of State--The dramatic contest in the
House over Burr and Jefferson--Marshall accused of advising
Federalists that Congress could provide for Presidency by law
in case of deadlock--Federalists consider Marshall for the
Presidency--Hay assails Marshall--Burr refuses Federalist
proposals--The Federalist bargain with Jefferson--He is
elected--The "midnight judges"--The power over the Supreme
Court which Marshall was to exercise totally unsuspected by
anybody--Failure of friend and foe to estimate properly his
courage and determination.