The Life of John Marshall (Volume 2 of 4)

General Order, June 30, 1794; Cal. Va. St. Prs., vii, 202.

245

Carrington to Lieutenant-Governor Wood, Sept. 1, 1794; ib., 287.

246

Major-General Daniel Morgan to the Governor of Virginia, Sept. 7, 1794; ib., 297.

247

Jefferson to Washington, Sept. 18, 1792; Works: Ford, vii, 153.

248

Jefferson to Madison, Dec. 28, 1794; ib., viii, 157.

249

Ib.

250

Jefferson to Monroe, May 26, 1795; ib., 177.

251

Jefferson to Madison, Dec. 28, 1794; ib., 157.

252

Wolcott to Wolcott, Dec. 15, 1792; Gibbs, i, 85.

253

Marshall, ii, 256; see Washington's "Farewell Address."

254

John Adams claimed this as his particular idea. "Washington learned it from me … and practiced upon it." (Adams to Rush, July 7, 1805; Old Family Letters, 71.)

"I trust that we shall have too just a sense of our own interest to originate any cause, that may involve us in it [the European war]." (Washington to Humphreys, March 23, 1793; Writings: Ford, xii, 276.)

255

Marshall, ii, 259; and see Rules of Neutrality, ib., note 13, p. 15. Washington's proclamation was drawn by Attorney-General Randolph. (Conway, 202.)

256

Marshall, ii, 259-60. "The publications in Freneau's and Bache's papers are outrages on common decency." (Washington to Lee, July 21, 1793; Writings: Ford, xii, 310.)

257

Marshall, ii, 256.

258

Graydon, 382.

259

Marshall, ii, 260. "A Freeman" in the General Advertiser of Philadelphia stated the most moderate opinion of those who opposed Neutrality. "France," said he, "is not only warring against the despotism of monarchy but the despotism of aristocracy and it would appear rather uncommon to see men [Washington and those who agreed with him] welcoming the Ambassador of republicanism who are warring [against] their darling aristocracy. But … shall the officers of our government prescribe rules of conduct to freemen? Fellow citizens, view this conduct [Neutrality] well and you will discover principles lurking at bottom at variance with your liberty. Who is the superior of the people? Are we already so degenerate as to acknowledge a superior in the United States?" (General Advertiser, April 25, 1793.)

260

"Our commercial and maritime people feel themselves deeply interested to prevent every act that may put our peace at hazard." (Cabot to King, Aug. 2, 1793; Lodge: Cabot, 74.)

The merchants and traders of Baltimore, "as participants in the general prosperity resulting from peace, and the excellent laws and constitution of the United States … beg leave to express the high sense they entertain of the provident wisdom and watchfulness over the concerns and peace of a happy people which you have displayed in your late proclamation declaring neutrality … well convinced that the true interests of America consist in a conduct, impartial, friendly, and unoffending to all the belligerent powers." (Address of the Merchants and Traders of Baltimore to George Washington, President of the United States; General Advertiser, Philadelphia, June 5, 1793.)

261

Jefferson to Madison, May 19, 1793; Works: Ford, vii, 336.

262

Jefferson to Monroe, May 5, 1793; ib., 309.

263

Marshall, ii, 273.

264

Pacificus No. 1; Works: Lodge, iv, 432-44.

265

Marshall, ii, 327.

266

Marshall, ii, 322.

267

Jefferson to Washington, Dec. 31, 1793; Works: Ford, viii, 136.

268

Jefferson to Short, Jan. 28, 1792; ib., vi, 382.

269

Marshall, ii, 233.

270

Generally speaking, the same classes that secured the Constitution supported all the measures of Washington's Administration. (See Beard: Econ. O. J. D., 122-24.)

While the Republicans charged that Washington's Neutrality was inspired by favoritism to Great Britain, as it was certainly championed by trading and moneyed interests which dealt chiefly with British houses, the Federalists made the counter-charge, with equal accuracy, that the opponents of Neutrality were French partisans and encouraged by those financially interested.

The younger Adams, who was in Europe during most of this period and who carefully informed himself, writing from The Hague, declared that many Americans, some of them very important men, were "debtors to British merchants, creditors to the French government, and speculators in the French revolutionary funds, all to an immense amount," and that other Americans were heavily indebted in England. All these interests were against Neutrality and in favor of war with Great Britain – those owing British debts, because "war … would serve as a sponge for their debts," or at least postpone payment, and the creditors of the French securities, because French success would insure payment. (J. Q. Adams to his father, June 24, 1796; Writings, J. Q. A.: Ford, i, 506.)

271

Story, in Dillon, iii, 350.

272

Gabriel Jones, the ablest lawyer in the Valley, and, of course, a stanch Federalist.

273

Monroe to Jefferson, Sept. 3, 1793; Monroe's Writings: Hamilton, i, 274-75. Considering the intimate personal friendship existing between Monroe and Marshall, the significance and importance of this letter cannot be overestimated.

274

It was at this point, undoubtedly, that the slander concerning Marshall's habits was started. (See infra, 101-03.)

275

The above paragraphs are based on Justice Story's account of Marshall's activities at this period, supplemented by Madison and Monroe's letters; by the well-known political history of that time; and by the untrustworthy but not negligible testimony of tradition. While difficult to reconstruct a situation from such fragments, the account given in the text is believed to be substantially accurate.

276

See Works: Ford, xii, footnote to 451.

277

Madison to Jefferson, June 17, 1793; Writings: Hunt, vi, 134.

278

See infra, chap. v.

279

Madison to Jefferson, Sept. 2, 1793; Writings: Hunt, vi, 196.

280

See infra, chap. v. Robert Morris secured in this way all the money he was able to give his son-in-law for the Fairfax purchase.

281

Mrs. Carrington to her sister Nancy; undated; MS.

282

Ib.

283

See supra, vol. i, chap. vii.

284

See, for instance, Jefferson to Short (Sept 6, 1790; Works: Ford, vi, 146), describing a single order of wine for Washington and one for himself; and see Chastellux's account of an evening with Jefferson: "We were conversing one evening over a bowl of punch after Mrs. Jefferson had retired. Our conversation turned on the poems of Ossian… The book was sent for and placed near the bowl, where by their mutual aid the night far advanced imperceptibly upon us." (Chastellux, 229.)

Marshall's Account Book does not show any purchases of wine at all comparable with those of other contemporaries. In March, 1791, Marshall enters, "wine £60"; August, ditto, "£14-5-8"; September, 1792, "Wine £70"; in July, 1793, "Whisky 6.3.9" (pounds, shillings, and pence); in May, 1794, "Rum and brandy 6-4"; August, 1794, ditto, five shillings, sixpence; May, 1795, "Whisky £6.16"; Sept., "wine £3"; Oct., ditto, "£17.6."

285

Marshall to Stuart, March 27, 1794; MS., Va. Hist. Soc.

286

Major George Keith Taylor to Brigadier-General Mathews, July 19, 1794; Cal. Va. St. Prs., vii, 223.

287

Mathews to Taylor, July 20, 1794; ib., 224.

288

Governor Henry Lee "Commander-in-chief," to Marshall, July 21, 1794; MS., "War 10," Archives, Va. St. Lib.

289

"Dark blue coat, skirts lined with buff, capes, lapels and cuffs buff, buttons yellow. Epaulets gold one on each shoulder, black cocked hat, with black cockade, black stock, boots and side arms." (Division Orders, July 4, 1794; Cal. Va. St. Prs., vii, 204. But see Schoepf (ii, 43), where a uniform worn by one brigadier-general of Virginia Militia is described as consisting of "a large white hat, a blue coat, a brown waistcoat, and green breeches.")

290

Particular Orders, supra.

291

Marshall to Governor of Virginia, July 23, 1794; Cal. Va. St. Prs., vii, 228; and same to same, July 28, 1794; ib., 234.

292

Ib.

293

Marshall to Governor of Virginia, July 28, 1794; Cal. Va. St. Prs., vii, 235.

294

George Keith Taylor; see infra, chaps. x and xii.

295

Lee to the Secretary of War, July 28, 1794; Cal. Va. St. Prs., vii, 234.

296

See, for instance, Thompson's speech, infra, chap. vi.

297

Marshall, ii, 293.

298

Ib., 285.

299

Ib., 285.

300

Marshall to Stuart, March 27, 1794; MS., Va. Hist. Soc.

301

"The idea that Great Britain was the natural enemy of America had become habitual" long before this time. (Marshall, ii, 154.)

302

One reason for Great Britain's unlawful retention of these posts was her purpose to maintain her monopoly of the fur trade. (Ib., 194. And see Beard: Econ. O. J. D., 279.)

303

Marshall, ii, 320-21; and see Annals, 3d Cong., 1st Sess., 1793, 274-90; also Anderson, 29; and see prior war-inviting resolves and speeches in Annals, 3d Cong., supra, 21, 30, 544 et seq.; also Marshall, ii, 324 et seq.

304

Ames to Dwight, Dec. 12, 1794; Works: Ames, i, 154.

305

Ames to Gore, March 26, 1794; Works: Ames, i, 140. And see Marshall, ii, 324 et seq.

306

See Washington to Ball, Aug. 10, 1794; Writings: Ford, xii, 449.

307

See Van Tyne, chap. xi.

308

Marshall, ii, 286, 287.

309

Ib.

310

John Quincy Adams, who was in London and who was intensely irritated by British conduct, concluded that: "A war at present with Great Britain must be total destruction to the commerce of our country; for there is no maritime power on earth that can contend with the existing naval British force." (J. Q. Adams to Sargent, The Hague, Oct. 12, 1795; Writings, J. Q. A.: Ford, i, 419.)

311

"I believe the intention is to draw the United States into it [war] merely to make tools of them… The conduct of the British government is so well adapted to increasing our danger of war, that I cannot but suppose they are secretly inclined to produce it." (J. Q. Adams to his father, The Hague, Sept. 12, 1795; ib., 409.)

312

Marshall, ii, 194.

313

Marshall, ii, 337.

314

Ib., 195; and see Beard: Econ. O. J. D., 279.

315

See this speech in Rives, iii, footnote to 418-19. It is curious that Marshall, in his Life of Washington, makes the error of asserting that the account of Dorchester's speech was "not authentic." It is one of the very few mistakes in Marshall's careful book. (Marshall, ii, 320.)

316

Marshall to Stuart, May 28, 1794; MS., Va. Hist. Soc.

317

It must not be forgotten that we were not so well prepared for war in 1794 as the colonies had been in 1776, or as we were a few years after Jay was sent on his mission. And on the traditional policy of Great Britain when intending to make war on any country, see J. Q. Adams to his father, June 24, 1796; Writings, J. Q. A.: Ford, i, 499-500.

Also, see same to same, The Hague, June 9, 1796; ib., 493, predicting dissolution of the Union in case of war with Great Britain. "I confess it made me doubly desirous to quit a country where the malevolence that is so common against America was exulting in triumph." (Ib.)

"The truth is that the American Government … have not upon earth more rancorous enemies, than the springs which move the machine of this Country [England] … Between Great Britain and the United States no cordiality can exist." (Same to same, London, Feb. 10, 1796; ib., 477; also, March 24, 1794; ib., 18, 183, 187.)

318

Marshall, ii, 363.

319

American Remembrancer, i, 9.

320

Resolution of Wythe County (Va.) Democratic Society, quoted in Anderson, 32.

321

Ames to Dwight, Feb. 3, 1795; Works: Ames, i, 166.

322

Marshall, ii, 362-64.

323

Ib., 366.

324

The Boston men, it appears, had not even read the treaty, as was the case with other meetings which adopted resolutions of protest. (Marshall, ii, 365 et seq.) Thereupon the Boston satirists lampooned the hasty denunciators of the treaty as follows: —

"I've never read it, but I say 'tis bad.If it goes down, I'll bet my ears and eyes,It will the people all unpopularize;Boobies may hear it read ere they decide,I move it quickly be unratified."

On Dr. Jarvis's speech at Faneuil Hall against the Jay Treaty; Loring: Hundred Boston Orators, 232. The Republicans were equally sarcastic: "I say the treaty is a good one … for I do not think about it… What did we choose the Senate for … but to think for us… Let the people remember that it is their sacred right to submit and obey; and that all those who would persuade them that they have a right to think and speak on the sublime, mysterious, and to them incomprehensible affairs of government are factious Democrats and outrageous Jacobins." (Essay on Jacobinical Thinkers: American Remembrancer, i, 141.)

325

See Marshall's vivid description of the popular reception of the treaty; Marshall, ii, 365-66.

326

Hamilton to King, June 20, 1795; Works: Lodge, x, 103.

327

"An Emetic for Aristocrats… Also a History of the Life and Death of Independence; Boston, 1795." Copies of such attacks were scattered broadcast – "Emissaries flew through the country spreading alarm and discontent." (Camillus, no. 1; Works: Lodge, v, 189-99.)

328

McMaster, ii, 213-20; Gibbs, i, 207; and Hildreth, iv, 548.

329

Present-day detraction of our public men is gentle reproof contrasted with the savagery with which Washington was, thenceforth, assailed.

330

Marshall, ii, 370. Of the innumerable accounts of the abuse of Washington, Weld may be cited as the most moderate. After testifying to Washington's unpopularity this acute traveler says: "It is the spirit of dissatisfaction which forms a leading trait in the character of the Americans as a people, which produces this malevolence [against Washington]; if their public affairs were regulated by a person sent from heaven, I firmly believe his acts, instead of meeting with universal approbation, would by many be considered as deceitful and flagitious." (Weld, i, 108-09.)

331

Washington almost determined to withhold ratification. (Marshall, ii, 362.) The treaty was signed November 19, 1794; received by the President, March 7, 1795; submitted to the Senate June 8, 1795; ratified by the Senate June 24; and signed by Washington August 12, 1795. (Ib., 360, 361, 368.)

332

"Washington now defies the whole Sovereign that made him what he is – and can unmake him again. Better his hand had been cut off when his glory was at its height before he blasted all his Laurels!" (Dr. Nathaniel Ames's Diary, Aug. 14, 1795; Dedham (Mass.) Historical Register, vii, 33.) Of Washington's reply to the address of the merchants and traders of Philadelphia "An Old Soldier of '76," wrote: "Has adulation … so bewildered his senses, that relinquishing even common decency, he tells 408 merchants and traders of Philadelphia that they are more immediately concerned than any other class of his fellow citizens?" (American Remembrancer, ii, 280-81.)

333

Washington to Jay, May 8, 1796; Writings: Ford, xiii, 189.

334

American Remembrancer, ii, 265.

335

Journal, H.D. (1795), 54-55; and see Anderson, 43.

336

American Remembrancer, ii, 269.

337

Ames to Gore, Jan. 10, 1795; Works: Ames, i, 161.

338

"This treaty in one page confines,The sad result of base designs;The wretched purchase here beholdOf Traitors – who their country sold.Here, in their proper shape and mien,Fraud, perjury, and guilt are seen."(Freneau, iii, 133.)

339

Jefferson to Monroe, Sept. 6, 1795; Works: Ford, viii, 187-88.

340

Ib.

341

Jefferson to Tazewell, Sept. 13, 1795; Works: Ford, viii, 191. The Jay Treaty and Neutrality must be considered together, if the temper of the times is to be understood. "If our neutrality be still preserved, it will be due to the President alone," writes the younger Adams from Europe. "Nothing but his weight of character and reputation, combined with his firmness and political intrepidity could have stood against the torrent that is still tumbling with a fury that resounds even across the Atlantic… If his system of administration now prevails, ten years more will place the United States among the most powerful and opulent nations on earth… Now, when a powerful party at home and a mighty influence from abroad, are joining all their forces to assail his reputation, and his character I think it my duty as an American to avow my sentiments." (J. Q. Adams to Bourne, Dec. 24, 1795; Writings, J. Q. A.: Ford, i, 467.)

342

Charles Pinckney's Speech; American Remembrancer, i, 7.

343

Marshall, ii, 378. The Republicans insisted that the assent of the House of Representatives is necessary to the ratification of any treaty that affects commerce, requires appropriation of money, or where any act of Congress whatever may be necessary to carry a treaty into effect. (Ib.; and see Livingston's resolutions and debate; Annals, 4th Cong., 1st Sess., 1795, 426; 628.)

344

"Priestly's Emigration," printed in Cobbett, i, 196, quoting "Agricola."

345

"Camillus"; Works: Lodge, v and vi. It is impossible to give a satisfactory condensation of these monumental papers. Struck off in haste and under greatest pressure, they equal if not surpass Hamilton's "First Report on the Public Credit," his "Opinion as to the Constitutionality of the Bank of the United States," or his "Report on Manufactures." As an intellectual performance, the "Letters of Camillus" come near being Hamilton's masterpiece.

346

Washington to Hamilton, July 29, 1795; Writings: Ford, xiii, 76.

347

The whole country was against the treaty on general grounds; but Virginia was especially hostile because of the sore question of runaway slaves and the British debts.

348

Washington to Randolph, Aug. 4, 1795; Writings: Ford, xiii, footnote to 86. See Resolutions, which were comparatively mild; American Remembrancer, i, 133-34; and see Richmond and Manchester Advertiser, of July 30, and Aug. 6, 1795.

349

Jefferson to Coxe, Sept. 10, 1795; Works: Ford, vii, 29.

350

Jefferson to Monroe, Sept. 6, 1795; ib., 27.

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 Virga." (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.)