"Indeed, sir, the constitution has been violated in so many instances that it wou'd require a pamphlet to detail them. The detail wou'd be unnecessary for the great principle seems to be introduc'd that the government is to be administered according to the will of the nation."
Marshall now indulges in his characteristic eloquence and peculiar method of argument:—
"Necessity, the never to be worn out apology for violence, is alledg'd—but cou'd that necessity go further than to secure the persons of the conspirators? Did it extend to the banishment of the printers & to the slavery of the press? If such a necessity did exist it was created by the disposition of the people at large & it is a truth which requires no demonstration that if a republican form of government cannot be administered by the general will, it cannot be administered against that will by an army."
Nevertheless, hope for constitutional liberty in France lingers in his heart in spite of this melancholy recital.
"After all, the result may not be what is apprehended. France possesses such enormous power, such internal energy, such a vast population that she may possibly spare another million & preserve or reacquire her liberty. Or, the form of the government being preserved, the independence of the legislature may be gradually recover'd.
"With their form of government or resolutions we have certainly no right to intermeddle, but my regrets at the present state of things are increased by an apprehension that the rights of our country will not be deem'd so sacred under the existing system as they wou'd have been had the legislature preserved its legitimate authority."[588]
Washington's reply, which probably reached Marshall some time after the latter's historic letter to Talleyrand in January, 1798,[589] is informing. He "prays for a continuance" of such letters and hopes he will be able to congratulate Marshall "on the favorable conclusion of your embassy.... To predict the contrary might be as unjust as it is impolitic, and therefore," says Washington, "mum—on that topic. Be the issue what it may," he is sure "that nothing which justice, sound reasoning, and fair representation would require will be wanting to render it just and honorable." If so, and the mission fails, "then the eyes of all who are not willfully blind ... will be fully opened." The Directory will have a rude awakening, if they expect the Republicans to support France against America in the "dernier ressort.... For the mass of our citizens require no more than to understand a question to decide it properly; and an adverse conclusion of the negotiation will effect this." Washington plainly indicates that he wishes Marshall to read his letter between the lines when he says: "I shall dwell very little on European politics ... because this letter may pass through many hands."[590]
Gerry not arriving by September 18, Marshall and Pinckney set out for Paris, "proceeding slowly in the hope of being overtaken" by their tardy associate. From Antwerp Marshall writes Charles Lee, then Attorney-General, correcting some unimportant statements in his letter to Washington, which, when written, were "considered as certainly true," but which "subsequent accounts contradict."[591] Down-heartedly he says:—
"Our insulted injured country has not before it the most flattering prospects. There is no circumstance calculated to flatter us with the hope that our negotiations will terminate as they ought to do.... We understand that all is now quiet in France, the small show of resistance against which Napoleon march'd is said to have dispersed on hearing of his movement."
He then describes the celebration in Antwerp of the birth of the new French régime:—