The Life of John Marshall (Volume 2 of 4)

"The same materials exist tho' not in so great a degree. They have their clubs, they have a numerous poor & they have enormous wealth in the hands of a minority of the nation."

Marshall interviewed Dutch citizens, in his casual, indolent, and charming way; and he thus relates to Washington the sum of one such conversation: —

"On my remarking this to a very rich & intelligent merchant of Amsterdam & observing that if one class of men withdrew itself from public duties & offices it wou'd immediately be succeeded by another which wou'd acquire a degree of power & influence that might be exercis'd to the destruction of those who had retir'd from society, he replied that the remark was just, but that they relied on France for a protection from those evils which she had herself experienc'd. That France wou'd continue to require great supplies from Holland & knew its situation too well to permit it to become the prey of anarchy.

"That Holland was an artificial country acquired by persevering industry & which cou'd only be preserv'd by wealth & order. That confusion & anarchy wou'd banish a large portion of that wealth, wou'd dry up its sources & wou'd entirely disable them from giving France that pecuniary aid she so much needed. That under this impression very many who tho' friends to the revolution, saw with infinite mortification french troops garrison the towns of Holland, wou'd now see their departure with equal regret.

"Thus, they willingly relinquish national independence for individual safety. What a lesson to those who wou'd admit foreign influence into the United States!"

Marshall then narrates the events in France which followed the coup d'état of September 4. While this account is drawn from rumors and newspapers and therefore contains a few errors, it is remarkable on the whole for its general accuracy. No condensation can do justice to Marshall's review of this period of French history in the making. It is of first importance, also, as disclosing his opinions of the Government he was so soon to encounter and his convictions that unrestrained liberty must result in despotism.

"You have observed the storm which has been long gathering in Paris," continues Marshall. "The thunderbolt has at length been launch'd at the heads of the leading members of the legislature & has, it is greatly to be fear'd, involv'd in one common ruin with them, the constitution & liberties of their country… Complete & impartial details concerning it will not easily be obtained as the press is no longer free. The journalists who had ventur'd to censure the proceedings of a majority of the directory are seiz'd, & against about forty of them a sentence of transportation is pronounced.

"The press is plac'd under the superintendence of a police appointed by & dependent on the executive. It is supposed that all private letters have been seiz'd for inspection.

"From some Paris papers it appears, that on the first alarm, several members of the legislature attempted to assemble in their proper halls which they found clos'd & guarded by an arm'd force. Sixty or seventy assembled at another place & began to remonstrate against the violence offer'd to their body, but fear soon dispersed them.

"To destroy the possibility of a rallying point the municipal administrations of Paris & the central administration of the seine were immediately suspended & forbidden by an arrêté of the directoire, to assemble themselves together.

"Many of the administrators of the departments through France elected by the people, had been previously remov'd & their places filled by persons chosen by the directory…

"The fragment of the legislature convok'd by the directory at L'Odéon & L'école de santé, hasten'd to repeal the law for organizing the national guards, & authoriz'd the directory to introduce into Paris as many troops as shou'd be judg'd necessary. The same day the liberty of the press was abolish'd by a line, property taken away by another & personal security destroy'd by a sentence of transportation against men unheard & untried.

"All this," sarcastically remarks Marshall, "is still the triumph of liberty & of the constitution."

Although admitting his lack of official information, Marshall "briefly" observes that: "Since the election of the new third, there were found in both branches of the legislature a majority in favor of moderate measures & apparently, wishing sincerely for peace. They have manifested a disposition which threaten'd a condemnation of the conduct of the directory towards America, a scrutiny into the transactions of Italy, particularly those respecting Venice & Genoa, an enquiry into the disposition of public money & such a regular arrangement of the finances as wou'd prevent in future those dilapidations which are suspected to have grown out of their disorder. They [French conservatives] have sought too by their laws to ameliorate the situation of those whom terror had driven out of France, & of those priests who had committed no offense."

Marshall thus details to Washington the excuse of the French radicals for their severe treatment of the conservatives: —

"The cry of a conspiracy to reëstablish royalism was immediately rais'd against them [conservatives]. An envoy was dispatched to the Army of Italy to sound its disposition. It was represented that the legislature was hostile to the armies, that it withheld their pay & subsistence, that by its opposition to the directory it encourag'd Austria & Britain to reject the terms of peace which were offer'd by France & which but for that opposition wou'd have been accepted, & finally that it had engag'd in a conspiracy for the destruction of the constitution & the republic & for the restoration of royalty.

"At a feast given to the armies of Italy to commemorate their fellow soldiers who had fallen in that country the Generals address'd to them their complaints, plainly spoke of marching to Paris to support the directory against the councils & received from them addresses manifesting the willingness of the soldiers to follow them.

"The armies also addressed the directory & each other, & addresses were dispatched to different departments. The directory answer'd them by the stronge[st] criminations of the legislature. Similar proceedings were had in the army of the interior commanded by Genḷ Hoche. Detachments were mov'd within the limits prohibited by the constitution, some of which declar'd they were marching to Paris 'to bring the legislature to reason.'"

Here follows Marshall's story of what then happened, according to the accounts which were given him at The Hague: —

"Alarm'd at these movements the council of five hundred call'd on the directory for an account of them. The movement of the troops within the constitutional circle was attributed to accident & the discontents of the army to the faults committed by the legislature who were plainly criminated as conspirators against the army & the republic.

"This message was taken up by Tronçon in the council of antients & by Thibideau in the council of five hundred. I hope you have seen their speeches. They are able, & seem to me entirely exculpated the legislature.

"In the mean time the directory employed itself in the removal of the administrators of many of the departments & cantons & replacing those whom the people had elected by others in whom it cou'd confide, and in the removal generally of such officers both civil & military as cou'd not be trusted to make room for others on whom it cou'd rely.

"The legislature on its part, pass'd several laws to enforce the constitutional restrictions on the armies & endeavored to organize the national guards. On this latter subject especially Pichegru, great & virtuous I believe in the cabinet as in the field, was indefatigable. We understand that the day before the law for their organization wou'd have been carried into execution the decisive blow was struck."

Marshall now relates, argumentatively, the facts as he heard them in the Dutch Capital; and in doing so, reveals his personal sentiments and prejudices: —

"To support the general charge of conspiracy in favor of royalty I know of no particular facts alleged against the arrested Members except Pichegru & two or three others… Pichegru is made in the first moment of conversation to unbosom himself entirely to a perfect stranger who had only told him that he came from the Prince of Conde & cou'd not exhibit a single line of testimonial of any sort to prove that he had ever seen that Prince or that he was not a spy employ'd by some of the enemies of the General.

"This story is repel'd by Pichegru's character which has never before been defil'd. Great as were the means he possess'd of personal aggrandizement he retir'd clean handed from the army without adding a shilling to his private fortune. It is repel'd by his resigning the supreme command, by his numerous victories subsequent to the alleged treason, by its own extreme absurdity & by the fear which his accusers show of bringing him to trial according to the constitution even before a tribunal they can influence & overawe, or of even permitting him to be heard before the prostrate body which is still term'd the legislature & which in defiance of the constitution has pronounc'd judgment on him.

"Yet this improbable & unsupported tale seems to be receiv'd as an established truth by those who the day before [his] fall bow'd to him as an idol. I am mortified as a man to learn that even his old army which conquer'd under him, which ador'd him, which partook of his fame & had heretofore not join'd their brethren in accusing the legislature, now unite in bestowing on him the heaviest execrations & do not hesitate to pronounce him a traitor of the deepest die."

Irrespective of the real merits of the controversy, Marshall tells Washington that he is convinced that constitutional liberty is dead or dying in France: —

"Whether this conspiracy be real or not," he says, "the wounds inflicted on the constitution by the three directors seem to me to be mortal. In opposition to the express regulations of the constitution the armies have deliberated, the result of their deliberations addressed to the directory has been favorably received & the legislature since the revolution has superadded its thanks.

"Troops have been marched within those limits which by the constitution they are forbidden to enter but on the request of the legislature. The directory is forbidden to arrest a member of the legislature unless in the very commission of a criminal act & then he can only be tried by the high court, on which occasion forms calculated to protect his person from violence or the prejudice of the moment are carefully prescrib'd.

"Yet it has seized, by a military force, about fifty leading members not taken in a criminal act & has not pursued a single step mark'd out by the constitution. The councils can inflict no penalty on their own members other than reprimand, arrest for eight & imprisonment for three days. Yet they have banished to such places as the directory shall chuse a large portion of their body without the poor formality of hearing a defense.

"The legislature shall not exercise any judiciary power or pass any retrospective law. Yet it has pronounc'd this heavy judgment on others as well as its own members & has taken from individuals property which the law has vested in them."

Marshall is already bitter against the Directory because of its violation of the French Constitution, and tells Washington: —

"The members of the directory are personally secur'd by the same rules with those of the legislature. Yet three directors have depriv'd two of their places, the legislature has then banished them without a hearing & has proceeded to fill up the alledg'd vacancies. Merlin late minister of justice & François de Neufchatel have been elected.

"The constitution forbids the house of any man to be entered in the night. The orders of the constituted authorities can only be executed in the day. Yet many of the members were seiz'd in their beds.

"Indeed, sir, the constitution has been violated in so many instances that it wou'd require a pamphlet to detail them. The detail wou'd be unnecessary for the great principle seems to be introduc'd that the government is to be administered according to the will of the nation."

Marshall now indulges in his characteristic eloquence and peculiar method of argument: —

"Necessity, the never to be worn out apology for violence, is alledg'd – but cou'd that necessity go further than to secure the persons of the conspirators? Did it extend to the banishment of the printers & to the slavery of the press? If such a necessity did exist it was created by the disposition of the people at large & it is a truth which requires no demonstration that if a republican form of government cannot be administered by the general will, it cannot be administered against that will by an army."

Nevertheless, hope for constitutional liberty in France lingers in his heart in spite of this melancholy recital.

"After all, the result may not be what is apprehended. France possesses such enormous power, such internal energy, such a vast population that she may possibly spare another million & preserve or reacquire her liberty. Or, the form of the government being preserved, the independence of the legislature may be gradually recover'd.

"With their form of government or resolutions we have certainly no right to intermeddle, but my regrets at the present state of things are increased by an apprehension that the rights of our country will not be deem'd so sacred under the existing system as they wou'd have been had the legislature preserved its legitimate authority."586

Washington's reply, which probably reached Marshall some time after the latter's historic letter to Talleyrand in January, 1798,587 is informing. He "prays for a continuance" of such letters and hopes he will be able to congratulate Marshall "on the favorable conclusion of your embassy… To predict the contrary might be as unjust as it is impolitic, and therefore," says Washington, "mum – on that topic. Be the issue what it may," he is sure "that nothing which justice, sound reasoning, and fair representation would require will be wanting to render it just and honorable." If so, and the mission fails, "then the eyes of all who are not willfully blind … will be fully opened." The Directory will have a rude awakening, if they expect the Republicans to support France against America in the "dernier ressort… For the mass of our citizens require no more than to understand a question to decide it properly; and an adverse conclusion of the negotiation will effect this." Washington plainly indicates that he wishes Marshall to read his letter between the lines when he says: "I shall dwell very little on European politics … because this letter may pass through many hands."588

Gerry not arriving by September 18, Marshall and Pinckney set out for Paris, "proceeding slowly in the hope of being overtaken" by their tardy associate. From Antwerp Marshall writes Charles Lee, then Attorney-General, correcting some unimportant statements in his letter to Washington, which, when written, were "considered as certainly true," but which "subsequent accounts contradict."589 Down-heartedly he says: —

"Our insulted injured country has not before it the most flattering prospects. There is no circumstance calculated to flatter us with the hope that our negotiations will terminate as they ought to do… We understand that all is now quiet in France, the small show of resistance against which Napoleon march'd is said to have dispersed on hearing of his movement."

He then describes the celebration in Antwerp of the birth of the new French régime: —

"To-day being the anniversary of the foundation of the Republic, was celebrated with great pomp by the military at this place. Very few indeed of the inhabitants attended the celebration. Everything in Antwerp wears the appearance of consternation and affright.

"Since the late revolution a proclamation has been published forbidding any priest to officiate who has not taken the oath prescribed by a late order. No priest at Antwerp has taken it & yesterday commenced the suspension of their worship.

"All the external marks of their religion too with which their streets abound are to be taken down. The distress of the people at the calamity is almost as great as if the town was to be given up to pillage."590

Five days after leaving Antwerp, Marshall and Pinckney arrived in the French Capital. The Paris of that time was still very much the Paris of Richelieu, except for some large buildings and other improvements begun by Louis XIV. The French metropolis was in no sense a modern city and bore little resemblance to the Paris of the present day. Not until some years afterward did Napoleon as Emperor begin the changes which later, under Napoleon III, transformed it into the most beautiful city in the world. Most of its ancient interest, as well as its mediæval discomforts, were in existence when Marshall and Pinckney reached their destination.

The Government was, in the American view, incredibly corrupt, and the lack of integrity among the rulers was felt even among the people. "The venality is such," wrote Gouverneur Morris, in 1793, "that if there be no traitor it is because the enemy has not common sense."591 And again: "The … administration is occupied in acquiring wealth."592 Honesty was unknown, and, indeed, abhorrent, to most of the governing officials; and the moral sense of the citizens themselves had been stupefied by the great sums of money which Bonaparte extracted from conquered cities and countries and sent to the treasury at Paris. Time and again the Republic was saved from bankruptcy by the spoils of conquest; and long before the American envoys set foot in Paris the popular as well as the official mind had come to expect the receipt of money from any source or by any means.

The bribery of ministers of state and of members of the Directory was a matter of course;593 and weaker countries paid cash for treaties with the arrogant Government and purchased peace with a price. During this very year Portugal was forced to advance a heavy bribe to Talleyrand and the Directory before the latter would consent to negotiate concerning a treaty; and, as a secret part of the compact, Portugal was required to make a heavy loan to France. It was, indeed, a part of this very Portuguese money with which the troops were brought to Paris for the September revolution of 1797.594

Marshall and Pinckney at once notified the French Foreign Office of their presence, but delayed presenting their letters of credence until Gerry should join them before proceeding to business. A week passed; and Marshall records in his diary that every day the waiting envoys were besieged by "Americans whose vessels had been captured & condemned. By appeals & other dilatory means the money had been kept out of the hands of the captors & they were now waiting on expenses in the hope that our [the envoys'] negotiations might relieve them."595 A device, this, the real meaning of which was to be made plain when the hour should come to bring it to bear on the American envoys.

Such was the official and public atmosphere in which Marshall and Pinckney found themselves on their mission to adjust, with honor, the differences between France and America: a network of unofficial and secret agents was all about them; and at its center was the master spider, Talleyrand. The unfrocked priest had been made Foreign Minister under the Directory in the same month and almost the day that Marshall embarked at Philadelphia for Paris. It largely was through the efforts and influence of Madame de Staël596 that this prince of intriguers was able to place his feet upon this first solid step of his amazing career.

Talleyrand's genius was then unknown to the world, and even the Directory at that time had no inkling of his uncanny craft. To be sure, his previous life had been varied and dramatic and every page of it stamped with ability; but in the tremendous and flaming events of that tragic period he had not attracted wide attention. Now, at last, Talleyrand had his opportunity.

Among other incidents of his life had been his exile to America. For nearly two years and a half he had lived in the United States, traveling hither and yon through the forming Nation. Washington as President had refused to receive the expelled Frenchman, who never forgave the slight. In his journey from State to State he had formed a poor opinion of the American people. "If," he wrote, "I have to stay here another year I shall die."597

The incongruities of what still was pioneer life, the illimitable forests, the confusion and strife of opinion, the absence of National spirit and general purpose, caused Talleyrand to look with contempt upon the wilderness Republic. But most of all, this future master spirit of European diplomacy was impressed with what seemed to him the sordid, money-grubbing character of the American people. Nowhere did he find a spark of that idealism which had achieved our independence; and he concluded that gold was the American god.598

Fauchet's disclosures599 had caused official Paris to measure the American character by the same yardstick that Talleyrand applied to us, when, on leaving our shores, he said: "The United States merit no more consideration than Genoa or Genève."600

The French Foreign Minister was not fairly established when the American affair came before him. Not only was money his own pressing need, but to pander to the avarice of his master Barras and the other corrupt members of the Directory was his surest method of strengthening his, as yet, uncertain official position. Such were Talleyrand's mind, views, and station, when, three days after Gerry's belated arrival, the newly installed Minister received the American envoys informally at his house, "where his office was held." By a curious freak of fate, they found him closeted with the Portuguese Minister from whom the very conditions had been exacted which Talleyrand so soon was to attempt to extort from the Americans.

It was a striking group – Talleyrand, tall and thin of body, with pallid, shrunken cheeks and slumberous eyes, shambling forward with a limp, as, with halting speech,601 he coldly greeted his diplomatic visitors; Gerry, small, erect, perfectly attired, the owl-like solemnity of his face made still heavier by his long nose and enormous wig; Pinckney, handsome, well-dressed, clear-eyed, of open countenance;602 and Marshall, tall, lean, loose-jointed, carelessly appareled, with only his brilliant eyes to hint at the alert mind and dominant personality of the man.

Talleyrand measured his adversaries instantly. Gerry he had known in America and he weighed with just balance the qualities of the Massachusetts envoy; Pinckney he also had observed and feared nothing from the blunt, outspoken, and transparently honest but not in the least subtle or far-seeing South Carolinian; the ill-appearing Virginian, of whom he had never heard, Talleyrand counted as a cipher. It was here that this keen and cynical student of human nature blundered.

Marshall and Talleyrand were almost of an age,603 the Frenchman being only a few months older than his Virginia antagonist. The powers of neither were known to the other, as, indeed, they were at that time unguessed generally by the mass of the people, even of their own countries.

TALLEYRAND

A month after Talleyrand became the head of French Foreign Affairs, Rufus King, then our Minister at London, as soon as he had heard of the appointment of the American envoys, wrote Talleyrand a conciliatory letter congratulating the French diplomat upon his appointment. King and Talleyrand had often met both in England and America.

"We have been accustomed," writes King, "to converse on every subject with the greatest freedom"; then, assuming the frankness of friendship, King tries to pave the way for Marshall, Pinckney, and Gerry, without mentioning the latter, however. "From the moment I heard that you had been named to the Department of Foreign Affairs," King assures Talleyrand, "I have felt a satisfactory Confidence that the Cause of the increasing Misunderstanding between us would cease, and that the overtures mediated by our Government would not fail to restore Harmony and Friendship between the two Countries."604