The Life of John Marshall (Volume 2 of 4)

194

"I was no party man myself and the first wish of my heart was, if parties did exist, to reconcile them." (Washington to Jefferson, July 6, 1796; Writings: Ford, xiii, 230.)

195

Compare Hamilton's "Opinion as to the Constitutionality of the Bank of the United States" with Marshall's opinion in McCulloch vs. Maryland, The student of Marshall cannot devote too much attention to Hamilton's great state papers, from the "First Report on the Public Credit" to "Camillus." It is interesting that Hamilton produced all these within five years, notwithstanding the fact that this was the busiest and most crowded period of his life.

196

Binney, in Dillon, iii, 301-02.

197

La Rochefoucauld, iii, 73. For a man even "to be passive … is a satisfactory proof that he is on the wrong side." (Monroe to Jefferson, July 17, 1792; Monroe's Writings: Hamilton, i, 238.)

198

George Mason to John Mason, July 12, 1791; Rowland, ii, 338.

199

Corbin to Hamilton, March 17, 1793; as quoted in Beard: Econ. O. J. D., 226.

200

"Patrick Henry once said 'that he could forgive anything else in Mr. Jefferson, but his corrupting Mr. Madison.'" (Pickering to Marshall, Dec. 26, 1828; Pickering MSS., Mass. Hist. Soc.) "His [Madison's] placing himself under the pupilage of Mr. Jefferson and supporting his public deceptions, are sufficient to put him out of my book." (Pickering to Rose, March 22, 1808; ib.)

201

Madison's course was irreconcilable with his earlier Nationalist stand. (See Beard: Econ. O. J. D., 77; and see especially the remarkable and highly important letter of Hamilton to Carrington, May 26, 1792; Works: Lodge, ix, 513-35, on Madison's change, Jefferson's conduct, and the politics of the time.) Carrington was now the brother-in-law of Marshall and his most intimate friend. Their houses in Richmond almost adjoined. (See infra, chap. v.)

202

See brief but excellent account of this famous journey in Gay: Madison (American Statesmen Series), 184-85; and contra, Rives, iii, 191.

203

Jefferson to Madison, June 29, 1792; Works: Ford, vii, 129-30.

204

No letters have been discovered from Hamilton to Marshall or from Marshall to Hamilton dated earlier than three years after Jefferson's letter to Madison.

205

"The length of the last session has done me irreparable injury in my profession, as it has made an impression on the general opinion that two occupations are incompatible." (Monroe to Jefferson, June 17, 1792; Monroe's Writings: Hamilton, i, 230.)

206

See infra, chap. x.

207

Ames to Dwight, Jan., 1793; Works: Ames, i, 126-27.

208

Rives, iii, 192-94; and see McMaster, ii, 52-53; also Hamilton to Carrington, May 26, 1792; Works: Lodge, ix, 513-35.

209

Washington to Jefferson, Aug. 23, 1792; Writings: Ford, xii, 174-75. This letter is almost tearful in its pleading.

210

Jefferson to Washington, Sept. 9, 1792; Works: Ford, vii, 137 et seq. The quotation in the text refers to Jefferson's part in the deal fixing the site of the Capital and passing the Assumption Act. Compare with Jefferson's letters written at the time. (Supra, 64.) It is impossible that Jefferson was not fully advised; the whole country was aroused over Assumption, Congress debated it for weeks, it was the one subject of interest and conversation at the seat of government, and Jefferson himself so testifies in his correspondence.

211

Washington to Hamilton, Aug. 26, 1792; Writings: Ford, xii, 177-78.

212

Hamilton to Washington, Sept, 9, 1792; Works: Lodge, vii, 306.

213

See Marshall, ii, 191-92.

214

Journal, H.D. (Nov. 28, 1793), 101.

215

Ib. The Legislature instructed Virginia's Senators and Representatives to endeavor to secure measures to "suspend the operation and completion" of the articles of the treaty of peace looking to the payment of British debts until the posts and negroes should be given up. (Ib., 124-25; also see Virginia Statutes at Large, New Series, i, 285.) Referring to this Ames wrote: "Thus, murder, at last, is out." (Ames to Dwight, May 6, 1794; Works: Ames, i, 143-44.)

216

Chisholm vs. Georgia, 2 Dallas, 419.

217

Journal, H.D. (1793), 92-99; also see Virginia Statutes at Large, New Series, i, 284. This was the origin of the Eleventh Amendment to the Constitution. The Legislature "Resolved, That a State cannot, under the Constitution of the United States, be made a defendant at the suit of any individual or individuals, and that the decision of the Supreme Federal Court, that a State may be placed in that situation, is incompatible with, and dangerous to the sovereignty and independence of the individual States, as the same tends to a general consolidation of these confederated republics." Virginia Senators were "instructed" to make "their utmost exertions" to secure an amendment to the Constitution regarding suits against States. The Governor was directed to send the Virginia resolution to all the other States. (Journal, H.D. (1793), 99.)

218

Ib., 125.

219

Ib.; also Statutes at Large, supra, 284.

220

See Annals, 2d Cong., 900-63.

221

Journal, H.D. (1793), 56-57. Of Giles's methods in this attack on Hamilton the elder Wolcott wrote that it was "such a piece of baseness as would have disgraced the council of Pandemonium." (Wolcott to his son, March 25, 1793; Gibbs, i, 91.)

222

Beard: Econ. O. J. D., chap. vi.

223

Professor Beard, after a careful treatment of this subject, concludes that "The charge of mere corruption must fall to the ground." (Ib., 195.)

224

"To the northward of Baltimore everybody … speculates, trades, and jobs in the stocks. The judge, the advocate, the physician and the minister of divine worship, are all, or almost all, more or less interested in the sale of land, in the purchase of goods, in that of bills of exchange, and in lending money at two or three per cent." (La Rochefoucauld, iv, 474.) The French traveler was also impressed with the display of riches in the Capital. "The profusion of luxury of Philadelphia, on great days, at the tables of the wealthy, in their equipages and the dresses of their wives and daughters, are … extreme. I have seen balls on the President's birthday where the splendor of the rooms, and the variety and richness of the dresses did not suffer, in comparison with Europe." The extravagance extended to working-men who, on Sundays, spent money with amazing lavishness. Even negro servants had balls; and negresses with wages of one dollar per week wore dresses costing sixty dollars. (Ib., 107-09.)

225

Jefferson to T. M. Randolph, March 16, 1792; Works: Ford, vi, 408.

226

Jefferson to Short, May 18, 1792; Works: Ford, vi, 413; and see "A Citizen" in the National Gazette, May 3, 1792, for a typical Republican indictment of Funding and Assumption.

227

Gallatin's Writings: Adams, i, 3.

228

Pennsylvania alone had five thousand distilleries. (Beard: Econ. O. J. D., 250.) Whiskey was used as a circulating medium. (McMaster, ii, 29.) Every contemporary traveler tells of the numerous private stills in Pennsylvania and the South. Practically all farmers, especially in the back country, had their own apparatus for making whiskey or brandy. (See chap. vii, vol. i, of this work.)

Nor was this industry confined to the lowly and the frontiersmen. Washington had a large distillery. (Washington to William Augustine Washington, Feb. 27, 1798; Writings: Ford, xiii, 444.)

New England's rum, on the other hand, was supplied by big distilleries; and these could include the tax in the price charged the consumer. Thus the people of Pennsylvania and the South felt the tax personally, while New Englanders were unconscious of it. Otherwise there doubtless would have been a New England "rum rebellion," as Shays's uprising and as New England's implied threat in the Assumption fight would seem to prove. (See Beard: Econ. O. J. D., 250-51.)

229

Marshall, ii, 200.

230

Ib., 238.

231

Graydon, 372.

232

Sept. 25, 1794; Writings: Ford, xii, 467.

233

Sept. 15, 1792; Richardson, i, 124; Aug. 7, 1794; Writings: Ford, xii, 445.

234

Hamilton remained with the troops until the insurrection was suppressed and order fully established. (See Hamilton's letters to Washington, written from various points, during the expedition, from Oct. 25 to Nov. 19, 1794; Works: Lodge, vi, 451-60.)

235

Marshall, ii, 200, 235-38, 340-48; Gibbs, i, 144-55; and see Hamilton's Report to the President, Aug. 5, 1794; Works: Lodge, vi, 358-88. But see Gallatin's Writings: Adams, i, 2-12; Beard: Econ. O. J. D., 250-60. For extended account of the Whiskey Rebellion from the point of view of the insurgents, see Findley: History of the Insurrection, etc., and Breckenridge: History of the Western Insurrection.

236

The claim now made by the Republicans that they were the only friends of the Constitution was a clever political turn. Also it is an amusing incident of our history. The Federalists were the creators of the Constitution; while the Republicans, generally speaking and with exceptions, had been ardent foes of its adoption. (See Beard: Econ. O. J. D.)

237

Graydon, 374. Jefferson's party was called Republican because of its championship of the French Republic. (Ambler, 63.)

238

In the Fairfax purchase. (See infra, chap. v.)

239

See Hamilton's orders to General Lee; Works: Lodge, vi, 445-51; and see Washington to Lee, Oct. 20, 1794; Writings: Ford, xii, 478-80.

240

Washington to Lee, Aug. 26, 1794; Writings: Ford, xii, 454-56.

241

Washington to Jay, Nov. 1, 1794; ib., 486.

242

Washington to Thruston, Aug. 10, 1794; ib., 452.

243

Washington to Morgan, Oct. 8, 1794; ib., 470. The Virginia militia were under the Command of Major-General Daniel Morgan.

244

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.)