[891] Adams: Gallatin, 212.
[892] "Freeholder" had not asked Marshall what he thought of the constitutionality of these laws.
[893] 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.
[894] Taylor to Jefferson, June 25, 1798; as quoted in Branch Historical Papers, ii, 225. See entire letter, ib., 271-76.
[895] For an excellent treatment of the Kentucky and Virginia Resolutions see Von Holst: Constitutional History of the United States, i, chap. iv.
[896] Nicholas to Jefferson, Oct. 5, 1798; quoted by Channing in "Kentucky Resolutions of 1798"; Amer. Hist. Rev., xx, no. 2, Jan., 1915, 333-36.
[897] 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.)
[898] 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.