The Life of John Marshall (Volume 2 of 4)

1005

Annals, 6th Cong., 1st Sess., 203.

1006

Marshall appears to have been the first to use the expression "the American Nation."

1007

The word "empire" as describing the United States was employed by all public men of the time. Washington and Jefferson frequently spoke of "our empire."

1008

Annals, 6th Cong., 1st. Sess., 203-04.

1009

Ib., 204.

1010

Marshall to Charles W. Hannan, of Baltimore, Md., March 29, 1832; MS., N.Y. Pub. Lib.; also Marshall, ii, 441.

1011

These were: On the bill to enable the President to borrow money for the public (Annals, 6th Cong., 1st Sess., 632); a bill for the relief of Rhode Island College (ib., 643); a salt duty bill (ib., 667); a motion to postpone the bill concerning the payment of admirals (ib., 678); a bill on the slave trade (ib., 699-700); a bill for the additional taxation of sugar (ib., 705).

1012

Ib., 521-22.

1013

Annals, 6th Cong., 1st Sess., House, 522-23, 527, 626; Senate, 151.

1014

Ib., 633-34.

1015

Ib., 662. See ib., Appendix ii, 495, 496. Thus Marshall was the author of the law under which the great "Western Reserve" was secured to the United States. The bill was strenuously resisted on the ground that Connecticut had no right or title to this extensive and valuable territory.

1016

Ib., 532. On this vote the Aurora said: "When we hear such characters as General Lee calling it innovation and speculation to withhold from the Executive magistrate the dangerous and unrepublican power of proroguing and dissolving a legislature at his pleasure, what must be the course of our reflections? When we see men like General Marshall voting for such a principle in a Government of a portion of the American people is there no cause for alarm?" (Aurora, March 20, 1800.)

1017

Annals, 6th Cong., 1st Sess., 504-06.

1018

Annals, 6th Cong., 1st Sess., 623-24.

1019

See infra, 458 et seq.

1020

"Copy of a letter from a gentleman in Philadelphia, to his friend in Richmond, dated 13th March, 1800," printed in Virginia Gazette and Petersburg Intelligencer, April 1, 1800.

1021

Annals, 6th Cong., 1st Sess., 668-69.

1022

Ib., 229.

1023

Ib., 231.

1024

Ib., 230-32.

1025

Annals, 6th Cong., 1st Sess., 233.

1026

Ib., 234.

1027

Ib., 235.

1028

Ib., 240.

1029

Ib., 245.

1030

Concerning a similar effort in 1790, Washington wrote: "The memorial of the Quakers (and a very malapropos one it was) has at length been put to sleep, and will scarcely awake before the year 1808." (Washington to Stuart, March 28, 1790; Writings: Ford, xi, 474.)

1031

Annals, 6th Cong., 1st Sess., Resolution and debate, ii, 404-19.

1032

Bassett, 260.

1033

Ellsworth to Pickering, Dec. 12, 1798; Flanders, ii, 193.

1034

Adams: Gallatin, 211. And see Federalist attacks on Marshall's answers to "Freeholder," supra.

1035

Annals, 6th Cong., 1st Sess., 29.

1036

James Keith Marshall.

1037

Annals, 6th Cong., 1st Sess., 520, 522.

1038

At this period the Senate still sat behind closed doors and its proceedings were secret.

1039

Annals, 6th Cong., 1st Sess., 105. This led to one of the most notably dramatic conflicts between the Senate and the press which has occurred during our history. For the prosecution of William Duane, editor of the Aurora, see ib., 105, 113-19, 123-24. It was made a campaign issue, the Republicans charging that it was a Federalist plot against the freedom of the press. (See Aurora, March 13 and 17, 1800.)

1040

Ib., 146.

1041

For a review of this astonishing bill, see McMaster, ii, 462-63, and Schouler, i, 475.

1042

Annals, 6th Cong., 1st Sess., 670.

1043

Marshall's substitute does not appear in the Annals.

1044

Annals, 6th Cong., 1st Sess., 674.

1045

Ib., 678.

1046

Annals, 6th Cong., 1st Sess., 691-92.

1047

Ib., 687-710.

1048

Ib., 179.

1049

Ib., 182.

1050

Jefferson to Livingston, April 30, 1800; Works: Ford, ix, 132.

1051

Sedgwick to King, May 11, 1800; King, iii, 237-38.

1052

Adams: Gallatin, 232.

1053

United States vs. Nash alias Robins, Bee's Reports, 266.

1054

Jefferson to Charles Pinckney, Oct. 29, 1799; Works: Ford, ix, 87.

1055

Aurora, Feb. 12, 1800.

1056

Annals, 6th Cong., 1st Sess., 511.

1057

Ib., 515-18. Nash himself confessed before his execution that he was a British subject as claimed by the British authorities and as shown by the books of the ship Hermione.

1058

Ib., 526.

1059

The Republicans, however, still continued to urge this falsehood before the people and it was generally believed to be true.

1060

Annals, 6th Congress, 1st Sess., 532-33.

1061

Ib., 541-47.

1062

Ib., 548.

1063

Annals, 6th Cong., 1st Sess., 558.

1064

This, in fact, was the case.

1065

Annals, 6th Cong., 1st Sess., 565.

1066

Marshall to James M. Marshall, Feb. 28, 1800; MS.

1067

Annals, 6th Cong., 1st Sess., 595-96.

1068

Pickering to James Winchester, March 17, 1800; Pickering MSS., Mass. Hist. Soc. Also Binney, in Dillon, iii, 312.

1069

See Moore: American Eloquence, ii, 20-23. The speech also appears in full in Annals, 6th Cong., 1st Sess., 596-619; in Benton: Abridgment of the Debates of Congress; in Bee's Reports, 266; and in the Appendix to Wharton: State Trials, 443.

1070

Pickering to Hamilton, March 10, 1800; Pickering MSS., Mass. Hist. Soc.

1071

Aurora, March 10, 1800.

1072

Aurora, March 14, 1800.

1073

Marshall's speech on the Robins case shows some study, but not so much as the florid encomium of Story indicates. The speeches of Bayard, Gallatin, Nicholas, and others display evidence of much more research than that of Marshall, who briefly refers to only two authorities.

1074

Story, in Dillon, iii, 357-58.

1075

Grigsby, i, 177; Adams: Gallatin, 232.

1076

Annals, 6th Cong., 1st Sess., 619.

1077

Jefferson to Madison, March 8, 1800; Works: Ford, ix, 121. In sending the speeches on both sides to his brother, Levin Powell, a Virginia Federalist Representative, says: "When you get to Marshall's it will be worth a perusal." (Levin Powell to Major Burr Powell, March 26, 1800; Branch Historical Papers, ii, 241.)

1078

Annals, 6th Cong., 1st Sess., 247-50.

1079

Ib., 252.

1080

Annals, 6th Cong., 1st Sess., 253-54.

1081

Ib.

1082

Annals, 6th Cong., 1st Sess., 254, 255.

1083

Marshall to Dabney, Jan. 20, 1800; MS. Colonel Charles Dabney of Virginia was commander of "Dabney's Legion" in the Revolution. He was an ardent Federalist and a close personal and political friend of Marshall.

1084

Annals, 6th Cong., 1st Sess., 395-96.

1085

Ib., 191.

1086

Ib., 247.

1087

Ib., 126; see law as passed, 1452-71.

1088

Sedgwick to King, May 11, 1800; King, iii, 236.

1089

The act requiring the Secretary of the Treasury to lay before Congress at each session a report of financial conditions with his recommendations. (Annals, 6th Cong., 1st Sess., Appendix, 1523.) The Speaker thought this law important because it "will give splendor to the officer [Secretary of the Treasury] and respectability to the Executive Department of the Govt." (Sedgwick to King, supra.) Yet the session passed several very important laws, among them the act accepting the cession of the Western Reserve (Annals, 6th Cong., 1st Sess., Appendix, 1495-98) and the act prohibiting American citizens "or other persons residing within the United States" to engage in the slave trade between foreign countries (ib., 1511-14.)

1090

Sedgwick to King, May 11, 1800; King, iii, 237.

1091

Adams to McHenry, May 5, 1800; Steiner, 453.

1092

McHenry to John McHenry, May 20, 1800; Gibbs, ii, 348.

1093

According to McHenry, Adams's complaints were that the Secretary of War had opposed the sending of the second mission to France, had not appointed as captain a North Carolina elector who had voted for Adams, had "eulogized General Washington … attempted to praise Hamilton," etc. (McHenry to John McHenry, May 20, 1800; Gibbs, ii, 348; and see Hamilton's "Public Conduct, etc., of John Adams"; Hamilton: Works: Lodge, vii, 347-49.)

1094

Gore to King, May 14, 1800; King, iii, 242-43; also Sedgwick to Hamilton, May 7, 1800; Works: Hamilton, vi, 437-38.

1095

Adams to Pickering, May 10, 1800; Works: Adams, ix, 53.

1096

Pickering to Adams, May 11, 1800; ib., 54.

1097

Pickering to Hamilton, May 15, 1800; Works: Hamilton, vi, 443.

1098

Adams to Pickering, May 12, 1800; Works: Adams, ix, 55.

1099

Sedgwick to Hamilton, May 13, 1800; Works: Hamilton, vi, 442.

1100

Adams to Rush, March 4, 1809; Old Family Letters, 219.

1101

"There never was perhaps a greater contrast between two characters than between those of the present President & his predecessor… The one [Washington] cool, considerate, & cautious, the other [Adams] headlong & kindled into flame by every spark that lights on his passions; the one ever scrutinizing into the public opinion and ready to follow where he could not lead it; the other insulting it by the most adverse sentiments & pursuits; W. a hero in the field, yet overweighing every danger in the Cabinet – A. without a single pretension to the character of a soldier, a perfect Quixotte as a statesman." (Madison to Jefferson, Feb., 1798; Writings: Hunt, vi, 310.) And [Adams] "always an honest man, often a wise one, but sometimes wholly out of his senses." (Madison to Jefferson, June 10, 1798; ib., 325.)

1102

Adams to Rush, Aug. 23, 1805; Old Family Letters, 76.

1103

Cabot to King, April 26, 1799; King, iii, 8.

1104

Wolcott was as malicious as, but more cautious than, Pickering in his opposition to the President.

1105

"He [Adams] is liable to gusts of passion little short of frenzy… I speak of what I have seen." (Bayard to Hamilton, Aug. 18, 1800; Works: Hamilton, vi, 457.) "He would speak in such a manner … as to persuade one that he was actually insane." (McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347.) "Mr. Adams had conducted strangely and unaccountably." (Ames to Hamilton, Aug. 26, 1800; Works: Ames, i, 280.) These men were Adams's enemies; but the extreme irritability of the President at this time was noted by everybody. Undoubtedly this was increased by his distress over the illness of his wife.

1106

McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347.

1107

See preceding chapter.

1108

Aurora, May 9, 1800; the Aurora had been attacking Pickering with all the animosity of partisanship.

1109

The French press had been quite as much under the control of the Revolutionary authorities as it was under that of Bonaparte as First Consul or even under his rule when he had become Napoleon I.

1110

Aurora, May 27, 1800.

1111

Ib., June 4, 1800; and June 17, 1800. The Aurora now made a systematic campaign against Pickering. It had "substantial and damning facts" which it threatened to publish if Adams did not subject Pickering to a "scrutiny" (ib., May 21, 1800). Pickering was a "disgrace to his station" (ib., May 23); several hundred thousand dollars were "unaccounted for" (ib., June 4, and 17).

The attack of the Republican newspaper was entirely political, every charge and innuendo being wholly false. Adams's dismissal of his Secretary of State was not because of these charges, but on account of the Secretary's personal and political disloyalty. Adams also declared, afterwards, that Pickering lacked ability to handle the grave questions then pending and likely to arise. (Cunningham Letters, nos. xii, xiii, and xiv.) But that was merely a pretense.

1112

Aurora, June 12, 1800.

1113

Pinckney to McHenry, June 10, 1800; Steiner, 460.

1114

Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 402.

1115

Cabot to Gore, Sept. 30, 1800; Lodge: Cabot, 291.

1116

Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 401-02.

1117

Adams's correspondence shows that the shortest time for a letter to go from Washington to Quincy, Massachusetts, was seven days, although usually nine days were required. "Last night I received your favor of the 4th." (Adams at Quincy to Dexter at Washington, Aug. 13, 1800; Works: Adams, ix, 76; and to Marshall, Aug. 14; ib., 77; and Aug. 26; ib., 78; and Aug. 30; ib., 80.)

1118

Washington at this time was forest, swamp, and morass, with only an occasional and incommodious house. Georgetown contained the only comfortable residences. For a description of Washington at this period, see chap. i, vol. iii, of this work.

1119

Marshall to Adams, Sept. 17, 1800; Adams MSS. This trip was to argue the case of Mayo vs. Bentley (4 Call, 528), before the Court of Appeals of Virginia. (See supra, chap. vi.)

1120

Randall, ii, 547. Although Randall includes Dexter, this tribute is really to Marshall who was the one dominating character in Adams's reconstructed Cabinet.

1121

Adams to Marshall, July 30, 1800; Works: Adams, ix, 66; also Marshall to Adams, Aug. 1, Aug. 2, and July 29, 1800; Adams MSS.

Marshall to Adams, July 29, 1800; Adams MSS. This cost Adams the support of young Chase's powerful father. (McHenry to John McHenry, Aug. 24, 1800; Gibbs, ii, 408.)

1122

McMaster, ii, 448.

1123

Adams to Marshall, Aug. 7, 1800; Works: Adams, ix, 72; and Marshall to Adams, Aug. 16, 1800; Adams MSS. Chief Justice Ellsworth presided at the trial of Williams, who was fairly convicted. (Wharton: State Trials, 652-58.) The Republicans, however, charged that it was another "political" conviction. It seems probable that Adams's habitual inclination to grant the request of any one who was his personal friend (Adams's closest friend, Governor Trumbull, had urged the pardon) caused the President to wish to extend clemency to Williams.

1124

Marshall to Adams, June 24, 1800; Adams MSS.

1125

Marshall to Adams, Aug. 2, 1800; ib.

1126

Marshall to Adams, July 26, 1800; ib.

1127

De Yrujo to Marshall, July 31, 1800; ib.

1128

Marshall does not state what these measures were.

1129

Marshall to Adams, Sept. 6, 1800; Adams MSS.

1130

Am. St. Prs., v, Indian Affairs, i, 184, 187, 246. For picturesque description of Bowles and his claim of British support see Craig's report, ib., 264; also, 305. Bowles was still active in 1801. (Ib., 651.)

1131

Adams to Marshall, July 31, 1800; Works: Adams, ix, 67; Marshall to De Yrujo, Aug. 15, 1800; Adams MSS.

1132

Adams to Marshall, Aug. 11, 1800; Works: Adams, ix, 73.

1133

Marshall to Adams, Aug. 12, 1800; Adams MSS.

1134

Ib.

1135

Liston to Marshall, Aug. 25, 1800; ib.

1136

Marshall to Adams, Sept. 6, 1800; ib.

1137

Marshall to Liston, Sept. 6, 1800; Adams MSS.

1138

Marshall to J. Q. Adams, July 24, 1800; MS. It is incredible that the Barbary corsairs held the whole of Europe and America under tribute for many years. Although our part in this general submission to these brigands of the seas was shameful, America was the first to move against them. One of Jefferson's earliest official letters after becoming President was to the Bey of Tripoli, whom Jefferson addressed as "Great and Respected Friend … Illustrious & honored … whom God preserve." Jefferson's letter ends with this fervent invocation: "I pray God, very great and respected friend, to have you always in his holy keeping." (Jefferson to Bey of Tripoli, May 21, 1801; Am. St. Prs., For. Rel., ii, 349.)

And see Jefferson to Bey of Tunis (Sept. 9, 1801; ib., 358), in which the American President addresses this sea robber and holder of Americans in slavery, as "Great and Good Friend" and apologizes for delay in sending our tribute. In Jefferson's time, no notice was taken of such expressions, which were recognized as mere forms. But ninety years later the use of this exact expression, "Great and Good Friend," addressed to the Queen of the Hawaiian Islands, was urged on the stump and in the press against President Cleveland in his campaign for re-election. For an accurate and entertaining account of our relations with the Barbary pirates see Allen: Our Navy and the Barbary Corsairs.

1139

Marshall to Adams, Aug. 1, 1800; Adams MSS.

1140

Marshall to Adams, June 24, 1800; Adams MSS.

1141

Marshall to Adams, Aug. 16, 1800; July 24, 1800; Ib. and see Adams to Marshall, Aug. 2, and to Secretary of State, May 25; King, iii, 243-46. The jewels were part of our tribute to the Barbary pirates.

1142

King to Secretary of State, Oct. 11, 1799; note to Grenville; King, iii, 129.

1143

Secretary of State to King, Feb. 5, 1799; Am. St. Prs., For. Rel., ii, 383. Hildreth says that the total amount of claims filed was twenty-four million dollars. (Hildreth, v, 331; and see Marshall to King, infra.)

1144

Secretary of State to King, Sept. 4, 1799; Am. St. Prs., For. Rel., ii, 383.

1145

Troup to King, Sept. 2, 1799; King, iii, 91.

1146

Secretary of State to King, Dec. 31, 1799; Am. St. Prs., For. Rel., ii, 384-85.

1147

King to Secretary of State, April 7, 1800; King, iii, 215.

1148

Marshall to Adams, June 24, 1800; Adams MSS.

1149

King to Secretary of State, April 22, 1800; King, iii, 222.

1150

Marshall to Adams, July 21, 1800; Adams MSS.

1151

Adams to Marshall, Aug. 1, 1800; Works: Adams, ix, 68-69.

1152

Marshall to Adams, Aug. 12, 1800; Adams MSS.

1153

Infra, 507 et seq.

1154

Am. St. Prs., For. Rel., ii, 386.

1155

Am. St. Prs., For. Rel., ii, 387.

1156

Am. St. Prs., For. Rel., ii, 387.

1157

Marshall to Adams, Sept. 9, 1800; Adams MSS.

1158

Adams to Marshall, Sept. 18, 1800; Works: Adams, ix, 84. After Jefferson became President and Madison Secretary of State, King settled the controversy according to these instructions of Marshall. But the Republicans, being then in power, claimed the credit.

1159

Secretary of State to King, Oct. 26, 1796; King, ii, 102.

1160

For a comprehensive though prejudiced review of British policy during this period see Tench Coxe: Examination of the Conduct of Great Britain Respecting Neutrals. Coxe declares that the purpose and policy of Great Britain were to "monopolize the commerce of the world… She denies the lawfulness of supplying and buying from her enemies, and, in the face of the world, enacts statutes to enable her own subjects to do these things. (Ib., 62.) … She now aims at the Monarchy of the ocean… Her trade is war… The spoils of neutrals fill her warehouses, while she incarcerates their bodies in her floating castles. She seizes their persons and property as the rich fruit of bloodless victories over her unarmed friends." (Ib., 72.)