FOOTNOTES:
[993] Sedgwick to King, Dec. 29, 1799; King, iii, 163.
[994] Cabot to King, Jan. 20, 1800; ib., 184.
[995] Annals, 6th Cong., 1st Sess., 187.
[996] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314.
[997] Annals, 6th Cong. 1st Sess., 194. The speech as reported passed with little debate.
[998] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314. And see McMaster, ii, 452.
[999] Levin Powell to Major Burr Powell, Dec. 11, 1799; Branch Historical Papers, ii, 232.
[1000] Annals, 6th Cong., 1st Sess., 194.
[1001] Annals, 6th Cong., 1st Sess., 194-97.
[1002] Ib., 194.
[1003] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 314.
[1004] Annals, 6th Cong., 1st Sess., 198.
[1005] 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.
[1006] Marshall to James M. Marshall, Philadelphia, Dec. 16, 1799; MS.
[1007] Annals, 6th Cong., 1st Sess., 203.
[1008] Marshall appears to have been the first to use the expression "the American Nation."
[1009] 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."
[1010] Annals, 6th Cong., 1st. Sess., 203-04.
[1011] Ib., 204.
[1012] Marshall to Charles W. Hannan, of Baltimore, Md., March 29, 1832; MS., N.Y. Pub. Lib.; also Marshall, ii, 441.
[1013] 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).
[1014] Ib., 521-22.
[1015] Annals, 6th Cong., 1st Sess., House, 522-23, 527, 626; Senate, 151.
[1016] Ib., 633-34.
[1017] 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.
[1018] 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.)
[1019] Annals, 6th Cong., 1st Sess., 504-06.
[1020] Annals, 6th Cong., 1st Sess., 623-24.
[1021] See infra, 458 et seq.
[1022] "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.
[1023] Annals, 6th Cong., 1st Sess., 668-69.
[1024] Ib., 229.
[1025] Ib., 231.
[1026] Ib., 230-32.
[1027] Annals, 6th Cong., 1st Sess., 233.
[1028] Ib., 234.
[1029] Ib., 235.
[1030] Ib., 240.
[1031] Ib., 245.
[1032] 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.)
[1033] Annals, 6th Cong., 1st Sess., Resolution and debate, ii, 404-19.
[1034] Bassett, 260.
[1035] Ellsworth to Pickering, Dec. 12, 1798; Flanders, ii, 193.
[1036] Adams: Gallatin, 211. And see Federalist attacks on Marshall's answers to "Freeholder," supra.
[1037] Annals, 6th Cong., 1st Sess., 29.
[1038] James Keith Marshall.
[1039] Annals, 6th Cong., 1st Sess., 520, 522.
[1040] At this period the Senate still sat behind closed doors and its proceedings were secret.
[1041] 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.)
[1042] Ib., 146.
[1043] For a review of this astonishing bill, see McMaster, ii, 462-63, and Schouler, i, 475.
[1044] Annals, 6th Cong., 1st Sess., 670.
[1045] Marshall's substitute does not appear in the Annals.
[1046] Annals, 6th Cong., 1st Sess., 674.
[1047] Ib., 678.
[1048] Annals, 6th Cong., 1st Sess., 691-92.
[1049] Ib., 687-710.
[1050] Ib., 179.
[1051] Ib., 182.
[1052] Jefferson to Livingston, April 30, 1800; Works: Ford, ix, 132.
[1053] Sedgwick to King, May 11, 1800; King, iii, 237-38.
[1054] Adams: Gallatin, 232.
[1055] United States vs. Nash alias Robins, Bee's Reports, 266.
[1056] Jefferson to Charles Pinckney, Oct. 29, 1799; Works: Ford, ix, 87.
[1057] Aurora, Feb. 12, 1800.
[1058] Annals, 6th Cong., 1st Sess., 511.
[1059] 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.
[1060] Ib., 526.
[1061] The Republicans, however, still continued to urge this falsehood before the people and it was generally believed to be true.
[1062] Annals, 6th Congress, 1st Sess., 532-33.
[1063] Ib., 541-47.
[1064] Ib., 548.
[1065] Annals, 6th Cong., 1st Sess., 558.
[1066] This, in fact, was the case.
[1067] Annals, 6th Cong., 1st Sess., 565.
[1068] Marshall to James M. Marshall, Feb. 28, 1800; MS.
[1069] Annals, 6th Cong., 1st Sess., 595-96.
[1070] Pickering to James Winchester, March 17, 1800; Pickering MSS., Mass. Hist. Soc. Also Binney, in Dillon, iii, 312.
[1071] 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.
[1072] Pickering to Hamilton, March 10, 1800; Pickering MSS., Mass. Hist. Soc.
[1073] Aurora, March 10, 1800.
[1074] Aurora, March 14, 1800.
[1075] 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.
[1076] Story, in Dillon, iii, 357-58.
[1077] Grigsby, i, 177; Adams: Gallatin, 232.
[1078] Annals, 6th Cong., 1st Sess., 619.
[1079] 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.)
[1080] Annals, 6th Cong., 1st Sess., 247-50.
[1081] Ib., 252.
[1082] Annals, 6th Cong., 1st Sess., 253-54.
[1083] Ib.
[1084] Annals, 6th Cong., 1st Sess., 254, 255.
[1085] 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.
[1086] Annals, 6th Cong., 1st Sess., 395-96.
[1087] Ib., 191.
[1088] Ib., 247.
[1089] Ib., 126; see law as passed, 1452-71.
[1090] Sedgwick to King, May 11, 1800; King, iii, 236.
[1091] 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.)
[1092] Sedgwick to King, May 11, 1800; King, iii, 237.