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The Life of John Marshall (Volume 2 of 4)
The Life of John Marshall (Volume 2 of 4)полная версия

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The Life of John Marshall (Volume 2 of 4)

Язык: Английский
Год издания: 2017
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"Hail, Columbia! happy land!Hail, ye heroes! heaven-born band!Who fought and bled in Freedom's cause," —

sang these young patriots, and "Hail, Columbia!" chanted the young women of the land.776 On every hilltop the fires of patriotism were signaling devotion and loyalty to the American Government.

Then came Marshall. Unannounced and unlooked for, his ship, the Alexander Hamilton, had sailed into New York Harbor after a voyage of fifty-three days from Bordeaux.777 No one knew of his coming. "General Marshall arrived here on Sunday last. His arrival was unexpected and his stay with us was very short. I have no other apology to make," writes Troup, "for our not giving him a public demonstration of our love and esteem."778 Marshall hurried on to Philadelphia. Already the great memorial to Talleyrand and the brilliantly written dispatches were ascribed to his pen, and the belief had become universal that the Virginian had proved to be the strong and resourceful man of the mission.

On June 18, 1798, he entered the Capital, through which, twenty years before, almost to a day, he had marched as a patriot soldier on the way to Monmouth from Valley Forge. Never before had any American, excepting only Washington, been received with such demonstration.779 Fleets of carriages filled with members of Congress and prominent citizens, and crowds of people on horseback and on foot, went forth to meet him.

"The concourse of citizens … was immense." Three corps of cavalry "in full uniform" gave a warlike color to the procession which formed behind Marshall's carriage six miles out from Philadelphia. "The occasion cannot be mentioned on which so prompt and general a muster of the cavalry ever before took place." When the city was reached, the church bells rang, cannon thundered, and amid "the shouts of the exulting multitudes" Marshall was "escorted through the principal streets to the city Tavern." The leading Federalist newspaper, the "Gazette of the United States," records that, "even in the Northern Liberties,780 where the demons of anarchy and confusion are attempting to organize treason and death, repeated shouts of applause were given as the cavalcade approached and passed along."781 The next morning O'Ellers Tavern was thronged with Senators and Representatives and "a numerous concourse of respectable citizens" who came to congratulate Marshall.782

The "Aurora" confirms this description of its Federalist rival; but adds bitterly: "What an occasion for rejoicing! Mr. Marshall was sent to France for the ostensible purpose, at least, of effecting an amicable accommodation of differences. He returns without having accomplished that object, and on his return the Tories rejoice. This certainly looks as if they did not wish him to succeed… Many pensive and melancholy countenances gave the glare of parade a gloom much more suited to the occasion, and more in unison with the feelings of Americans. Well may they despond: For tho' the patriotic Gerry may succeed in settling the differences between the two countries – it is too certain that his efforts can be of no avail when the late conduct of our administration, and the unprecedented intemperance of our chief executive magistrate is known in Europe."783

Jefferson watched Marshall's home-coming with keen anxiety. "We heard of the arrival of Marshall at New York," he writes, "and I concluded to stay & see whether that circumstance would produce any new projects. No doubt he there received more than hints from Hamilton as to the tone required to be assumed… Yet I apprehend he is not hot enough for his friends."

With much chagrin he then describes what happened when Marshall reached Philadelphia: "M. was received here with the utmost éclat. The Secretary of State & many carriages, with all the city cavalry, went to Frankfort to meet him, and on his arrival here in the evening, the bells rung till late in the night, & immense crowds were collected to see & make part of the shew, which was circuitously paraded through the streets before he was set down at the city tavern." But, says Jefferson, "all this was to secure him [Marshall] to their [the Administration's] views, that he might say nothing which would expose the game they have been playing.784 Since his arrival I can hear nothing directly from him."

Swallowing his dislike for the moment, Jefferson called on Marshall while the latter was absent from the tavern. "Thomas Jefferson presents his compliments to General Marshall" ran the card he left. "He had the honor of calling at his lodgings twice this morning, but was so ^unlucky as to find that he was out on both occasions. He wished to have expressed in person his regret that a pre-engagement for to-day which could not be dispensed with, would prevent him the satisfaction of dining in company with General Marshall, and therefore begs leave to place here the expressions of that respect which in company with his fellow citizens he bears him."785

Many years afterwards Marshall referred to the adding of the syllable "un" to the word "lucky" as one time, at least, when Jefferson came near telling the truth.786 To this note Marshall returned a reply as frigidly polite as Jefferson's: —

"J. Marshall begs leave to accompany his respectful compliments to Mr. Jefferson with assurances of the regret he feels at being absent when Mr. Jefferson did him the honor to call on him.

"J. Marshall is extremely sensible to the obliging expressions contained in Mr. Jefferson's polite billet of yesterday. He sets out to-morrow for Winchester & would with pleasure charge himself with any commands of Mr. Jefferson to that part of Virginia."787

Having made his report to the President and Secretary of State, Marshall prepared to start for Virginia. But he was not to leave without the highest compliment that the Administration could, at that time, pay him. So gratified were the President, Cabinet, and Federalist leaders in Congress with Marshall's conduct in the X. Y. Z. mission, and so high their opinion of his ability, that Adams tendered him the appointment to the place on the Supreme Bench,788 made vacant by the death of Justice Wilson. Marshall promptly declined. After applying to the Fairfax indebtedness all the money which he might receive as compensation for his services in the French mission, there would still remain a heavy balance of obligation; and Marshall must devote all his time and strength to business.

On the night before his departure, the members of Congress gave the hero of the hour the historic dinner at the city's principal tavern, "as an evidence of their affection for his person and their gratified approbation of the patriotic firmness with which he sustained the dignity of his country during his important mission." One hundred and twenty enthusiastic men sat at the banquet table.

The Speaker of the National House, the members of the Cabinet, the Justices of the Supreme Court, the Speaker of the Pennsylvania State Senate, the field officers of the army, the Right Reverend Bishops Carroll and White, "and other distinguished public characters attended." Toasts "were drank with unbounded plaudits" and "many of them were encored with enthusiasm." High rose the spirit of Federalism at O'Eller's Tavern in Philadelphia that night; loud rang Federalist cheers; copiously flowed Federalist wine.

"Millions for Defense but not a cent for Tribute!" was the crowning toast of that jubilant evening. It expressed the spirit of the gathering; out over the streets of Philadelphia rolled the huzzas that greeted it. But its unknown author789 "builded better than he knew." He did more than flatter Marshall and bring the enthusiastic banqueters, wildly shouting, to their feet: he uttered the sentiment of the Nation. "Millions for Defense but not a cent for Tribute" is one of the few historic expressions in which Federalism spoke in the voice of America. Thus the Marshall banquet in Philadelphia, June 18, 1798, produced that slogan of defiant patriotism which is one of the slowly accumulating American maxims that have lived.

After Marshall retired from the banquet hall, the assemblage drank a final toast to "The man whom his country delights to Honor."790

Marshall was smothered with addresses, congratulations, and every variety of attention from public bodies and civic and military organizations. A committee from the Grand Jury of Gloucester County, New Jersey, presented the returned envoy a laudatory address. His answer, while dignified, was somewhat stilted, perhaps a trifle pompous. The Grand Jury compliment was, said Marshall, "a sweet reward" for his "exertions." The envoys wished, above all things, for peace, but felt "that not even peace was to be purchased at the price of national independence."791

The officers of a militia brigade delivered to Marshall a eulogy in which the war note was clear and dominant. Marshall answered that, desirable as peace is, it "ought not to have been bought by dishonor and national degradation"; and that the resort to the sword, for which the militia officers declared themselves ready, made Marshall "feel with an elevated pride the dignity and grandeur of the American character."792

The day before Marshall's departure from Philadelphia the President, addressing Congress, said: "I congratulate you on the arrival of General Marshall … at a place of safety where he is justly held in honor… The negotiation may be considered at an end. I will never send another Minister to France without assurances that he will be received, respected, and honored as the representative of a great, free, powerful, and independent nation."793 Bold and defiant words expressive of the popular sentiment of the hour; but words which were to be recalled later by the enemies of Adams, to his embarrassment and to the injury of his party.794

"Having heard that Mrs. Marshall is in Winchester I shall immediately set out for that place,"795 Marshall writes Washington. His departure from the Capital was as spectacular as his arrival. He "was escorted by detachments of cavalry," says the "Aurora." "Certainly nothing less was due considering the distinguished services which he has rendered by his mission – he has acquired some knowledge of the French language,"796 sneers that partisan newspaper in good Republican fashion. When Marshall approached Lancaster he was met by companies of "cavalry and uniformed militia" which escorted him into the town, where he was "welcomed by the discharges of artillery and the ringing of bells."797

His journey throughout Pennsylvania and Virginia, repeating scenes of his welcome at Philadelphia and Lancaster, ended at Richmond. There, among his old neighbors and friends, the demonstrations reached their climax. A long procession of citizens went out to meet him. Again rang the cheers, again the bells pealed, again the cannon thundered. And here, to his townsmen and friends, Marshall, for the first time, publicly opened his heart and told, with emotion, what had befallen in France. In this brief speech the Nationalist and fighting spirit, which appears in all his utterances throughout his entire life, flashes like a sword in battle.

Marshall cannot express his "emotions of joy" which his return to Richmond has aroused; nor "paint the sentiments of affection and gratitude towards" his old neighbors. Nobody, he assures his hearers, could appreciate his feelings who had not undergone similar experiences.

The envoys, far from their country with no news from their Government, were in constant anxiety, says Marshall. He tells of their trials, of how they had discharged their duty, of his exultation over the spirit America was now displaying. "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. Peace would be purchased at too high a price by bending beneath a foreign yoke" and such a peace would be but brief; for "the nation thus submitting would be soon involved in the quarrels of its master… We shall remain free if we do not deserve to be slaves."

Marshall compares the governments of France and America. To one who, like himself, is so accustomed to real liberty that he "almost considers it as the indispensable companion of man, a view of [French] despotism," though "borrowing the garb usurping the name of freedom," teaches "the solid safety and real security" existing in America. The loss of these "would poison … every other joy." Without them "freemen would turn with loathing and disgust from every other comfort of life." To preserve them, "all … difficulties ought to be encountered."

Stand by "the government of your choice," urges Marshall; its officials are from the people, "subject in common with others to the laws they make," and must soon return to the popular body "whose destiny involves their own and in whose ruin they must participate." This is always a good rule, but "it is peculiarly so in a moment of peril like the present" when "want of confidence in our government … furnishes … a foreign real enemy [France] those weapons which have so often been so successfully used."798

The Mayor, Recorder, Aldermen, and Common Council of Richmond presented Marshall with an address of extravagant praise. "If reason and argument … if integrity, candor, and the pure spirit of conciliation" had met like qualities in France, "smiling peace would have returned along with you." But if Marshall had not brought peace, he had warned America against a government "whose touch is death." Perhaps he had even preserved "our excellent constitution and … our well earned liberties." In answer Marshall said that he reciprocated the "joy" of his "fellow citizens, neighbors, and ancient friends" upon his return; that they were right in thinking honorable peace with France was impossible; and warned them against "the countless dangers which lurk beneath foreign attachments."799

Marshall had become a national hero. Known before this time, outside of his own State, chiefly to the eminent lawyers of America, his name now became a household word in the remotest log cabins of Kentucky and Tennessee, as well as in the residences of Boston and New York. "Saving General Washington, I believe the President, Pinckney, and Marshall are the most popular characters now in our country," Troup reported to King in London.800

For the moment, only one small cloud appeared upon the horizon of Marshall's popularity; but a vicious flash blazed from it. Marshall went to Fredericksburg on business and attended the little theater at that place. The band of the local artillery company furnished the music. A Philadelphia Federalist, who happened to be present, ordered them to play "The President's March" ("Hail, Columbia!"). Instantly the audience was in an uproar. So violent did they become that "a considerable riot took place." Marshall was openly insulted. Nor did their hostility subside with Marshall's departure. "The inhabitants of Fredericksburg waited," in anxious expectation, for an especially hated Federalist Congressman, Harper of South Carolina, to pass through the town on his way home, with the intention of treating him even more roughly.801

With this ominous exception, the public demonstrations for Marshall were warmly favorable. His strength with the people was greater than ever. By the members of the Federal Party he was fairly idolized. This, the first formal party organization in our history, was, as we have seen, in sorry case even under Washington. The assaults of the Republicans, directed by Jefferson's genius for party management, had all but wrecked the Federalists. That great party general had out-maneuvered his adversaries at every point and the President's party was already nearing the breakers.

The conduct of the French mission and the publication of Marshall's dispatches and letters to Talleyrand saved the situation for the moment. Those whom Jefferson's consummate skill had won over to the Republican Party returned by thousands to their former party allegiance.802

Congress acted with belated decision. Our treaty with France was abrogated; non-intercourse laws passed; a provisional army created; the Navy Department established; arsenals provided; the building of warships directed. For a season our National machinery was permitted to work with vigor and effectiveness.

The voices that were wont to declaim the glories of French democracy were temporarily silent. The people, who but yesterday frantically cheered the "liberté, égalité, fraternité" of Robespierre and Danton, now howled with wrath at mention of republican France. The pulpit became a tribune of military appeal and ministers of the gospel preached sermons against American "Jacobins."803 Federalist orators had their turn at assailing "despotism" with rhetoric and defending "liberty" with eloquence; but the French Government was now the international villain whom they attacked.

"The struggle between Liberty and Despotism, Government and Anarchy, Religion and Atheism, has been gloriously decided… France has been foiled, and America is free. The elastick veil of Gallick perfidy has been rent, … the severing blow has been struck." Our abrogation of the treaty with France was "the completion of our Liberties, the acme of our Independence … and … emancipated us from the oppressive friendship of an ambitious, malignant, treacherous ally." That act evidenced "our nation's manhood"; our Government was now "an Hercules, who, no longer amused with the coral and bells of 'liberty and equality' … no longer willing to trifle at the distaff of a 'Lady Negociator,' boldly invested himself in the toga virilis."804 Such was the language of the public platform; and private expressions of most men were even less restrained.

Denouncing "the Domineering Spirit and boundless ambition of a nation whose Turpitude has set all objections, divine & human, at naught,"805 Washington accepted the appointment as Commander-in-Chief of the newly raised army. "Huzza! Huzza! Huzza! How transporting the fact! The great, the good, the aged Washington has said 'I am ready again to go with my fellow citizens to the field of battle in defense of the Liberty & Independence of my Country,'" ran a newspaper announcement, typically voicing the popular heart.806

To Marshall's brother James, who had offered his services as an aide-de-camp, Washington wrote that the French "(although I conceive them capable of anything that is unjust or dishonorable)" will not "attempt a serious invasion of this country" when they learn of "the preparation which [we] are making to receive them." They have "made calculations on false ground" in supposing that Americans would not "support Independence and the Government of their country at every hazard." Nevertheless, "the highest possible obligation rests upon the country to be prepared for the event as the most effective means to avert the evil."807 Military preparations were active and conspicuous: On July 4, New York City "resembles a camp rather than a commercial port," testifies Troup.808

The people for the moment believed, with Marshall and Washington, that we were on the brink of war; had they known what Jefferson knew, their apprehension would have been still keener. Reporting from Paris, the French partisan Skipwith tells Jefferson that, from motives of "commercial advantage and aggrandisement" as well as of "vengeance," France will probably fall upon America. "Yes sir, the moment is come that I see the fortunes, nay, independence, of my country at hazard, and in the hands of the most gigantic nation on earth… Already, the language of planting new colonies upon the … Mississippi is the language of Frenchmen here."809 Skipwith blames this predicament upon Adams's character, speech, and action and upon Marshall's and Pinckney's conduct in Paris;810 and advises Jefferson that "war may be prevented, and our country saved" by "modifying or breaking" the Jay Treaty and lending money to France.811

Jefferson was frantic with disappointment and anger. Not only did he see the Republican Party, which he had built up with such patience and skill, going to pieces before his very eyes; but the prospect of his election to the Presidency as the successor of Adams, which until then appeared to be inviting, now jeopardized if not made hopeless. With his almost uncanny understanding of men, Jefferson laid all this to Marshall; and, from the moment of his fellow Virginian's arrival from France, this captain of the popular cause began that open and malignant warfare upon Marshall which ended only with Jefferson's last breath.

At once he set out to repair the havoc which Marshall's work had wrought in his party. This task was made the harder because of the very tactics which Jefferson had employed to increase the Republican strength. For, until now, he had utilized so thoroughly the deep and widespread French sentiment in America as his immediate party weapon, and made so emphatic the French issue as a policy of party tactics, that, in comparison, all other issues, except the central one of States' Rights, were secondary in the public mind at this particular time.

The French propaganda had gone farther than Jefferson, perhaps, intended it to go. "They [the French] have been led to believe by their agents and Partisans amongst us," testifies Washington, "that we are a divided people, that the latter are opposed to their own Government."812 At any rate, it is certain that a direct connection, between members of what the French politicians felt themselves justified in calling "the French party" in America and the manipulators of French public opinion, existed and was made use of. This is shown by the effect in France of Jefferson's famous letter to Mazzei of April 24, 1796.813 It is proved by the amazing fact that Talleyrand's answer to the memorial of the envoys was published in the Jeffersonian organ, the "Aurora," before Adams had transmitted that document to Congress, if not indeed before the President himself had received from our envoys Talleyrand's reply to Marshall's statement of the American case.814

Jefferson took the only step possible to a party leader. He sought to minimize the effect of the disclosures revealed in Marshall's dispatches. Writing to Peter Carr, April 12, 1798, Jefferson said: "You will perceive that they [the envoys] have been assailed by swindlers, whether with or without the participation of Talleyrand is not very apparent… That the Directory knew anything of it is neither proved nor probable."815 On June 8, 1798, Jefferson wrote to Archibald Stuart: "It seems fairly presumable that the douceur of 50,000 Guineas mentioned in the former dispatches was merely from X. and Y. as not a word is ever said by Talleyrand to our envoys nor by them to him on the subject."816 Thus Jefferson's political desperation caused him to deny facts which were of record, for the dispatches show, not only that Talleyrand had full knowledge of the disgraceful transaction, but also that he originated and directed it.

The efforts of the Republicans to sneer away the envoys' disclosures awakened Washington's bitter sarcasm. The Republicans were "thunder-stricken … on the publication of the dispatches from our envoys," writes he, "but the contents of these dispatches are now resolved by them into harmless chitchat – mere trifles – less than was or ought to have been expected from the misconduct of the Administration of this country, and that it is better to submit to such chastisement than to hazard greater evils by shewing futile resentment."817

Jefferson made no headway, however, in his attempts to discredit the X. Y. Z. revelations. Had the Federalists stopped with establishing the Navy Department and providing for an army, with Washington at its head; had they been content to build ships and to take other proper measures for the National defense, Adams's Administration would have been saved, the Federalist Party kept alive for at least four years more, the Republican Party delayed in its recovery and Jefferson's election to the Presidency made impossible. Here again Fate worked, through the blindness of those whose day had passed, the doom of Federalism. The Federalists enacted the Alien and Sedition Laws and thus hastened their own downfall.

Even after this legislation had given him a new, real, and irresistible "issue," Jefferson still assailed the conduct of Marshall and Pinckney; he was resolved that not a single Republican vote should be lost. Months later he reviews the effect of the X. Y. Z. disclosures. When the envoys were appointed, he asserts, many "suspected … from what was understood of their [Marshall's and Pinckney's] dispositions," that the mission would not only fail, but "widen the breach and provoke our citizens to consent to a war with" France "& union with England." While the envoys were in Paris the Administration's hostile attitude toward France alarmed the people; "meetings were held … in opposition to war"; and the "example was spreading like a wildfire."

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