The Life of John Marshall (Volume 2 of 4)

857

Paulding: Washington, ii, 191-92.

858

Marshall to Paulding, supra.

859

Marshall to Paulding, supra. This letter was in answer to one from Paulding asking Marshall for the facts as to Washington's part in inducing Marshall to run for Congress.

860

Pickering to Marshall, Sept. 20, 1798; Pickering MSS., Mass. Hist. Soc.

861

Ib.

862

Adams to Pickering, Sept. 14, 1798; Works: Adams, viii, 595.

863

Adams to Pickering, Sept. 26, 1798; Works: Adams, viii, 597.

864

Adams to Rush, June 25, 1807; Old Family Letters, 152.

865

Wood, 260. Wood's book was "suppressed" by Aaron Burr, who bought the plates and printer's rights. It consists of dull attacks on prominent Federalists. Jefferson's friends charged that Burr suppressed it because of his friendship for the Federalist leaders. (See Cheetham's letters to Jefferson, Dec. 29, 1801, Jan. 30, 1802, Proceedings, Mass. Hist. Soc. (April and May, 1907) 51-58.) Soon afterward Jefferson began his warfare on Burr.

866

Marshall to Pickering, Oct. 15, 1798; Pickering MSS., Mass. Hist. Soc. This campaign was unusually acrimonious everywhere. "This Electioneering is worse than the Devil." (Smith to Bayard, Aug. 2, 1798; Bayard Papers: Donnan, 69.)

867

See Statutes at Large, 566, 570, 577, for Alien Acts of June 18, June 25, and July 6, and ib., 196, for Sedition Law of July 14, 1798.

868

This section was not made a campaign issue by the Republicans.

869

Jefferson to Madison, May 10, 1798; Works: Ford, viii, 417; and to Monroe, May 21, 1798; ib., 423. Jefferson's first harsh word was to Madison, June 7, 1798; ib., 434.

870

Hamilton to Wolcott, June 29, 1798; Works: Lodge, x, 295.

871

Madison to Jefferson, May 20, 1798; Writings: Hunt, vi, 320.

872

For the Federalists' justification of the Alien and Sedition Laws see Gibbs, ii, 78 et seq.

873

As a matter of fact, the anger of Republican leaders was chiefly caused by their belief that the Alien and Sedition Laws were aimed at the Republican Party as such, and this, indeed, was true.

874

Jefferson to S. T. Mason, Oct. 11, 1798; Works: Ford, viii, 450.

875

Washington to Spotswood, Nov. 22, 1798; Writings: Ford, xiv, 121-22.

876

Washington to Murray, Dec. 26, 1798; Writings: Ford, xiv, 132.

877

Washington to Bushrod Washington, Dec. 31, 1798; ib., 135-36. Judge Addison's charge was an able if intemperate interpretation of the Sedition Law. The Republican newspapers assailed and ridiculed this very effectively in the presidential campaign of 1800. "Alexander Addison has published in a volume a number of his charges to juries – and precious charges they are – brimstone and saltpetre, assifœtida and train oil." (Aurora, Dec. 6, 1800. See Chief Justice Ellsworth's comments upon Judge Addison's charge in Flanders, ii, 193.)

878

Marshall to Pickering, Aug. 11, 1798; Pickering MSS., Mass. Hist. Soc.

879

Oct. 11, 1798. The questions of "Freeholder" were, undoubtedly, written with Marshall's knowledge. Indeed a careful study of them leads one to suspect that he wrote or suggested them himself.

880

The Times and Virginia Advertiser, Alexandria, Virginia, October 11, 1798. This paper, however, does not give "Freeholder's" questions. The Columbian Centinel, Boston, October 20, 1798, prints both questions and answers, but makes several errors in the latter. The correct version is given in Appendix III, infra, where "Freeholder's" questions and Marshall's answers appear in full.

881

Ames to Gore, Dec. 18, 1798; Works: Ames, i, 245-47.

882

Sedgwick to Pickering, Oct. 23, 1798; Pickering MSS., Mass. Hist. Soc.

883

Columbian Centinel (Boston), Oct. 24, 1798.

884

Cabot to King, April 26, 1799; King, iii, 9.

885

This was not true. The Fairfax embarrassment, alone, caused Marshall to go to France in 1797.

886

Pickering to Sedgwick, Nov. 6, 1798; Pickering MSS., Mass. Hist. Soc.

887

Murray to J. Q. Adams, March 22, 1799; Letters: Ford, 530. Murray had been a member of Congress and a minor Federalist politician. By "us" he means the extreme Federalist politicians.

888

Marshall to Pickering, Oct. 22, 1798; Pickering MSS., Mass. Hist. Soc.

889

Adams: Gallatin, 212.

890

"Freeholder" had not asked Marshall what he thought of the constitutionality of these laws.

891

Thompson: The Letters of Curtius. John Thompson of Petersburg was one of the most brilliant young men that even Virginia ever produced. See Adams: Gallatin, 212, 227. There is an interesting resemblance between the uncommon talents and fate of young John Thompson and those of Francis Walker Gilmer. Both were remarkably intellectual and learned; the characters of both were clean, fine, and high. Both were uncommonly handsome men. Neither of them had a strong physical constitution; and both died at a very early age. Had John Thompson and Francis Walker Gilmer lived, their names would have been added to that wonderful list of men that the Virginia of that period gave to the country.

The intellectual brilliancy and power, and the lofty character of Thompson and Gilmer, their feeble physical basis and their early passing seem like the last effort of that epochal human impulse which produced Henry, Madison, Mason, Jefferson, Marshall, and Washington.

892

Taylor to Jefferson, June 25, 1798; as quoted in Branch Historical Papers, ii, 225. See entire letter, ib., 271-76.

893

For an excellent treatment of the Kentucky and Virginia Resolutions see Von Holst: Constitutional History of the United States, i, chap. iv.

894

Nicholas to Jefferson, Oct. 5, 1798; quoted by Channing in "Kentucky Resolutions of 1798"; Amer. Hist. Rev., xx, no. 2, Jan., 1915, 333-36.

895

Writing nearly a quarter of a century later, Jefferson states that Nicholas, Breckenridge, and he conferred on the matter; that his draft of the "Kentucky Resolutions" was the result of this conference; and that he "strictly required" their "solemn assurance" that no one else should know that he was their author. (Jefferson to Breckenridge, Dec. 11, 1821; Works: Ford, viii, 459-60.)

Although this letter of Jefferson is positive and, in its particulars, detailed and specific, Professor Channing has demonstrated that Jefferson's memory was at fault; that no such conference took place; and that Jefferson sent the resolutions to Nicholas, who placed them in the hands of Breckenridge for introduction in the Kentucky Legislature; and that Breckenridge and Nicholas both thought that the former should not even see Jefferson, lest the real authorship of the resolutions be detected. (See "The Kentucky Resolutions": Channing, in Amer. Hist. Rev., xx, no. 2, Jan., 1915, 333-36.)

896

See Jefferson's "Rough Draught" and "Fair Copy" of the Kentucky Resolutions; and the resolutions as the Kentucky Legislature passed them on Nov. 10, 1798; Works: Ford, viii, 458-79. See examination of Marshall's opinion in Marbury vs. Madison, vol. iii of this work.

897

Jefferson to Madison, Nov. 17, 1798; Works: Ford, viii, 457.

898

Writings: Hunt, vi, 326-31.

899

Davie to Iredell, June 17, 1799; quoting from a Virginia informant – very probably Marshall; McRee, ii, 577.

900

Iredell to Mrs. Iredell; Jan. 24, 1799; McRee, ii, 543.

901

Murray to J. Q. Adams, April 1, 1799; quoting Marshall to Sykes, Dec. 18, 1798; Letters: Ford, 534.

902

Writings: Hunt, vi, 332-40.

903

For Marshall's defense of the liberty of the press, quoted by Madison, see supra, chap. viii.

904

Address of the General Assembly to the People of the Commonwealth of Virginia, Journal, H.D. (Dec., 1798), 88-90.

905

Sedgwick to Hamilton, Feb. 7, 1799; Works: Hamilton, vi, 392-93; and to King, March 20, 1799; King, ii, 581. And Murray to J. Q. Adams, April 5, 1799; Letters: Ford, 536.

906

Address of the Minority: Journal, H.D. (Dec., 1798), 88-90. Also printed as a pamphlet. Richmond, 1798.

907

Journal, H.D. (1799), 90.

908

Callender: Prospect Before Us, 91.

909

Ib., 112 et seq.

910

Sedgwick to King, March 20, 1799; King, ii, 581.

911

Murray to J. Q. Adams, April 5, 1799; Letters: Ford, 536.

912

Mordecai, 202; also Sedgwick to King, Nov. 15, 1799; King, iii, 147-48.

913

Jefferson to Pendleton, Feb. 14, 1799; Works: Ford, ix, 46; and to Madison, Jan. 30, 1799; ib., 31.

914

Jefferson to Bishop James Madison, Feb. 27, 1799; ib., 62.

915

Marshall to Washington, Jan. 8, 1799; Washington MSS., Lib. Cong.

916

Hamilton to Dayton, 1799; Works: Lodge, x, 330. The day of the month is not given, but it certainly was early in January. Mr. Lodge places it before a letter to Lafayette, dated Jan. 6, 1799.

917

Hamilton to Sedgwick, Feb. 2, 1799; Works: Lodge, x, 340-42.

918

This was probably true; it is thoroughly characteristic and fits in perfectly with his well-authenticated conduct after he became Chief Justice. (See vol. iii of this work.)

919

Callender: Prospect Before Us, 90 et seq.

920

See Hildreth, v, 104, 210, 214, 340, 453-55.

921

Wood, 261-62. This canard is an example of the methods employed in political contests when American democracy was in its infancy.

922

Marshall to his brother James M., April 3, 1799; MS. Marshall uses the word "faction" in the sense in which it was then employed. "Faction" and "party" were at that time used interchangeably; and both words were terms of reproach. (See supra, chap. ii.) If stated in the vernacular of the present day, this doleful opinion of Marshall would read: "Nothing, I believe, more debases or pollutes the human mind than partisan politics."

923

Jefferson to Pendleton, April 22, 1799; Works: Ford, ix, 64-65.

924

Henry to Blair, Jan. 8, 1799; Henry, ii, 591-94.

925

Henry to Blair, Jan. 8, 1799; Henry, ii, 595.

926

Virginia Herald (Fredericksburg), March 5, 1799.

927

This was true in most of the States at that period.

928

This method of electing public officials was continued until the Civil War. (See John S. Wise's description of a congressional election in Virginia in 1855; Wise: The End of An Era, 55-56. And see Professor Schouler's treatment of this subject in his "Evolution of the American Voter"; Amer. Hist. Rev., ii, 665-74.)

929

This account of election day in the Marshall-Clopton contest is from Munford, 208-10. For another fairly accurate but mild description of a congressional election in Virginia at this period, see Mary Johnston's novel, Lewis Rand, chap. iv.

930

Henry, ii, 598.

931

Randall, ii, 495.

932

Washington to Marshall, May 5, 1799; Writings: Ford, xiv, 180.

933

As a matter of fact, they were not far wrong. Marshall almost certainly would have been made Secretary of State if Washington had believed that he would accept the portfolio. (See supra, 147.) The assertion that the place actually had been offered to Marshall seems to have been the only error in this campaign story.

934

Marshall to Washington, May 1, 1799; Writings: Ford, xiv, footnote to 180-81; also Flanders, ii, 389.

935

Washington to Marshall, May 5, 1799; Writings: Ford, xiv, 180.

936

Marshall to Washington, May 16, 1799; Washington MSS., Lib. Cong.

937

Pickering to King, May 4, 1799; King, iii, 13.

938

Sedgwick to King, July 26, 1799; King, iii, 69.

939

Sedgwick to King, July 26, 1799; King, iii, 69.

940

Murray to J. Q. Adams, June 25, 1799; Letters: Ford, 566.

941

Murray to J. Q. Adams, July 1, 1799; ib., 568.

942

Jefferson to Stuart, May 14, 1799; Works: Ford, ix, 67.

943

Jefferson to Coxe, May 21, 1799; Works: Ford, ix, 69-70.

944

Ib., 70.

945

For instances of these military letters, see Marshall to Washington, June 12, 1799; Washington MSS., Lib. Cong.

946

See Morison, i, 156-57; also Hudson: Journalism in the United States, 160. Party newspapers and speakers to-day make statements, as a matter of course, in every political campaign much more violent than those for which editors and citizens were fined and imprisoned in 1799-1800. (See ib., 315; and see summary from the Republican point of view of these prosecutions in Randall, ii, 416-20.)

947

Adams to Pickering, July 24, 1799; Works: Adams, ix, 3.

948

Adams to Pickering, Aug. 1, 1799; ib., 5; and same to same. Aug. 3, 1799; ib., 7.

949

Professor Washington, in his edition of Jefferson's Writings, leaves a blank after "apostle." Mr. Ford correctly prints Marshall's name as it is written in Jefferson's original manuscript copy of the letter.

950

Jefferson to Wilson Cary Nicholas, Sept. 5, 1799; Works: Ford, ix, 79-81.

951

Marshall to Pickering, Aug. 25, 1799; Pickering MSS., Mass. Hist. Soc. Marshall had not yet grasped the deadly significance of Jefferson's States' Rights and Nullification maneuver.

952

Supra.

953

Talleyrand to Pichon, Aug. 28, and Sept. 28; Am. St. Prs., ii, 241-42; Murray to Adams, Appendix of Works: Adams, viii. For familiar account of Pichon's conferences with Murray, see Murray's letters to J. Q. Adams, then U.S. Minister to Berlin, in Letters: Ford, 445, 473, 475-76; and to Pickering, ib., 464.

954

"Murray, I guess, wanted to make himself a greater man than he is by going to France," was Gallatin's shrewd opinion. Gallatin to his wife, March 1, 1799; Adams: Gallatin, 227-28.

955

Ib.

956

Ames to Dwight, Feb. 27, 1799; Works: Ames, i, 252.

957

Cabot to King, March 10, 1799; King, ii, 551.

958

Cabot to King, Feb. 16, 1799; ib., 543.

959

Ames to Pickering, March 12, 1799; Works: Ames, i, 253.

960

Ames to Pickering, Oct. 19, 1799; ib., 257.

961

Uriah Tracy to McHenry, Sept. 2, 1799; Steiner, 417.

962

Ames to Pickering, Nov. 5, 1799; Works: Ames, i, 260-61.

963

Ames to Pickering, March 12, 1799; Works: Ames, i, 254.

964

"Men of principal influence in the Federal party … began to entertain serious doubts about his [Adams's] fitness for the station, yet … they thought it better to indulge their hopes than to listen to their fears, [and] … determined to support Mr. Adams for the Chief Magistracy." ("Public Conduct, etc., John Adams"; Hamilton: Works: Lodge, vii, 318.)

965

Ames to Dwight, Feb. 27, 1799; Works: Ames, i, 252.

966

Ames to Pickering, Nov. 5, 1799; ib., 260.

967

Cabot to King, March 10, 1799; King, ii, 552.

968

Higginson to Pickering, April 16, 1800; Pickering MSS., Mass. Hist. Soc., printed in An. Rept., Amer. Hist. Assn., 1896, i, 836.

969

For an excellent summary of this important episode in our history see Allen: Our Naval War with France.

970

Pickering to King, March 6, 1799; King, ii, 548-49.

971

Ames to Pickering, March 12, 1799; Works: Ames, i, 254.

972

Ames to Dwight, Oct. 20, 1799; ib., 259.

973

Ames to Pickering, Oct. 19, 1799; ib., 257.

974

Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 403.

975

Jefferson to Pendleton, Feb. 19, 1799; Works: Ford, ix, 54.

976

Lee to Adams, March 14, 1799; Works: Adams, viii, 628.

977

Adams to Lee, March 29, 1799; ib., 629.

978

Cabinet to President, Sept. 7, 1799; Works: Adams, ix, 21-23; and same to same, May 20, 1799; ib., 59-60.

979

Adams to Lee, May 21, 1800; ib., 60. For account of Fries's Rebellion see McMaster, ii, 435-39. Also Hildreth, v, 313.

980

Pickering to Cabot, June 15, 1800; Lodge: Cabot, 275.

981

"Public Conduct, etc., John Adams"; Hamilton: Works: Lodge, vii, 351-55; and see Gibbs, ii, 360-62.

982

See Hamilton's arraignment of the Fries pardon in "Public Conduct, etc., John Adams"; Works: Lodge, vii, 351-55.

983

McRee, ii, 551.

984

"The Aurora, in analyzing the reasons upon which Fries, Hainy, and Getman have been pardoned brings the President forward as, by this act, condemning: 1. The tax law which gave rise to the insurrection; 2. The conduct of the officers appointed to collect the tax; 3. The marshal; 4. The witnesses on the part of the United States; 5. The juries who tried the prisoners; 6. The court, both in their personal conduct and in their judicial decisions. In short, every individual who has had any part in passing the law – in endeavoring to execute it, or in bringing to just punishment those who have treasonably violated it." (Gazette of the United States, reviewing bitterly the comment of the Republican organ on Adams's pardon of Fries.)

985

Many Federalists regretted that Fries was not executed by court-martial. "I suppose military execution was impracticable, but if some executions are not had, of the most notorious offenders – I shall regret the events of lenity in '94 & '99 – as giving a fatal stroke to Government… Undue mercy to villains, is cruelty to all the good & virtuous. Our people in this State are perfectly astonished, that cost must continually be incurred for insurrections in Pennsylvania for which they say they are taxed & yet no punishment is inflicted on the offenders. I am fatigued & mortified that our Govt. which is weak at best, would withhold any of its strength when all its energies should be doubled." (Uriah Tracy to McHenry, on Fries, May 6, 1799; Steiner, 436.) And "I am in fear that something will occur to release that fellow from merited Death." (Same to same, May 20, 1790; ib.)

986

"Public Conduct, etc., John Adams"; Hamilton: Works: Lodge, vii, 351-55.

987

Ames to Pickering, Nov. 23, 1799; Works: Ames, i, 270.

988

Troup to King, May 6, 1799; King, iii, 14.

989

Adams's home, now Quincy, Massachusetts.

990

Troup to King, June 5, 1799; King, iii, 34.

991

Sedgwick to King, Dec. 29, 1799; King, iii, 163.

992

Cabot to King, Jan. 20, 1800; ib., 184.

993

Annals, 6th Cong., 1st Sess., 187.

994

Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314.

995

Annals, 6th Cong. 1st Sess., 194. The speech as reported passed with little debate.

996

Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314. And see McMaster, ii, 452.

997

Levin Powell to Major Burr Powell, Dec. 11, 1799; Branch Historical Papers, ii, 232.

998

Annals, 6th Cong., 1st Sess., 194.

999

Annals, 6th Cong., 1st Sess., 194-97.

1000

Ib., 194.

1001

Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314.

1002

Annals, 6th Cong., 1st Sess., 198.

1003

The Federalists called the Republicans "Democrats," "Jacobins," etc., as terms of contempt. The Republicans bitterly resented the appellation. The word "Democrat" was not adopted as the formal name of a political party until the nomination for the Presidency of Andrew Jackson, who had been Jefferson's determined enemy.

1004

Marshall to James M. Marshall, Philadelphia, Dec. 16, 1799; MS.