CONTENTS
| [I.] | INFLUENCE OF THE FRENCH REVOLUTION ON AMERICA | [1] |
| The effort of the French King to injure Great Britain by assistingthe revolt of the colonists hastens the upheaval in France—TheFrench Revolution and American Government under the Constitutionbegins at the same time—The vital influence of the French convulsionon Americans—Impossible to understand American historywithout considering this fact—All Americans, at first, favor theFrench upheaval which they think a reform movement—Marshall'sstatement—American newspapers—Gouverneur Morris's descriptionof the French people—Lafayette's infatuated reports—Marshallgets black and one-sided accounts through personal channels—Theeffect upon him—The fall of the Bastille—Lafayettesends Washington the key of the prison—The reign of blood inParis applauded in America—American conservatives begin todoubt the wisdom of the French Revolution—Burke writes his "Reflections"—Paineanswers with his "Rights of Man"—Theyounger Adams replies in the "Publicola" essays—He connectsJefferson with Paine's doctrines—"Publicola" is viciously assailedin the press—Jefferson writes Paine—The insurrection of theblacks in St. Domingo—Marshall's account—Jefferson writes hisdaughter: "I wish we could distribute the white exiles among theIndians"—Marshall's statement of effect of the French Revolutionin America—Jefferson writes to Short: "I would rather see halfthe earth desolated"—Louis XVI guillotined—Genêt arrives inAmerica—The people greet him frantically—His outrageous conduct—TheRepublican newspapers suppress the news of or defendthe atrocities of the revolutionists—The people of Philadelphia guillotineLouis XVI in effigy—Marie Antoinette is beheaded—Americanrejoicing at her execution—Absurd exaggeration by bothradicals and conservatives in America—The French expel Lafayette—Washingtonsends Marshall's brother to secure his releasefrom the Allies—He fails—Effect upon Marshall—Ridiculousconduct of the people in America—All titles are denounced:"Honorable," "Reverend," even "Sir" or "Mr." considered"aristocratic"—The "democratic societies" appear—Washingtondenounces them—Their activities—Marshall's account of their decline—Theinfluence on America of the French Revolution summarized—Marshalland Jefferson. | ||
| [II.] | A VIRGINIA NATIONALIST | [45] |
| The National Government under the Constitution begins—Popularantagonism to it is widespread—Virginia leads this general hostility—Madisonhas fears—Jefferson returns from France—He isneutral at first—Madison is humiliatingly defeated for Senator ofthe United States because of his Nationalism—The Legislature ofVirginia passes ominous Anti-Nationalist resolutions—The Republicansattack everything done or omitted by Washington's Administration—Virginialeads the opposition—Washington appointsMarshall to be United States District Attorney—Marshalldeclines the office—He seeks and secures election to the Legislature—Isgiven his old committees in the House of Delegates—Isactive in the general business of the House—The amendmentsto the Constitution laid before the House of Delegates—Theyare intended only to quiet opposition to the National Government—Hamiltonpresents his financial plan—"The First Reporton the Public Credit"—It is furiously assailed—Hamilton andJefferson make the famous Assumption-Capitol "deal"—Jefferson'sletters—The Virginia Legislature strikes Assumption—Virginiawrites the Magna Charta of State Rights—Marshall desperatelyresists these Anti-Nationalist resolutions and is badlybeaten—Jefferson finally agrees to the attitude of Virginia—Hetherefore opposes the act to charter the Bank of the United States—Heand Hamilton give contrary opinions—The contest over "impliedpowers" begins—Political parties appear, divided by Nationalismand localism—Political parties not contemplated by theConstitution—The word "party" a term of reproach to our earlystatesmen. | ||
| [III.] | LEADING THE VIRGINIA FEDERALISTS | [77] |
| Marshall, in Richmond, is aggressive for the unpopular measuresof Washington's Administration—danger of such conduct in Virginia—Jeffersontakes Madison on their celebrated northern tour—Madisonis completely changed—Jefferson fears Marshall—Wishesto get rid of him: "Make Marshall a judge"—Jefferson'sunwarranted suspicions—He savagely assails the Administrationof which he is a member—He comes to blows with Hamilton—TheRepublican Party grows—The causes for its increasedstrength—Pennsylvania resists the tax on whiskey—The WhiskeyRebellion—Washington denounces and Jefferson defends it—Militiaordered to suppress it—Marshall, as brigadier-general ofmilitia, prepares to take the field—War breaks out between Englandand France—Washington proclaims American Neutrality—Outburstof popular wrath against him—Jefferson resigns from theCabinet—Marshall supports Washington—At the head of themilitary forces he suppresses the riot at Smithfield and takes aFrench privateer—The Republicans in Richmond attack Marshallsavagely—Marshall answers his assailants—They make insinuationsagainst his character: the Fairfax purchase, the story ofMarshall's heavy drinking—The Republicans win on their oppositionto Neutrality—Great Britain becomes more hostile than ever—Washingtonresolves to try for a treaty in order to prevent war—Jaynegotiates the famous compact bearing his name—Terrificpopular resentment follows: Washington abused, Hamilton stoned,Jay burned in effigy, many of Washington's friends desert him—Toastdrank in Virginia "to the speedy death of General Washington"—Jeffersonassails the treaty—Hamilton writes "Camillus"—Marshallstands by Washington—Jefferson names him as theleading Federalist in Virginia. | ||
| [IV.] | WASHINGTON'S DEFENDER | [122] |
| Marshall becomes the chief defender of Washington in Virginia—ThePresident urges him to accept the office of Attorney-General—Hedeclines—Washington depends upon Marshall's judgment inVirginia politics—Vicious opposition to the Jay Treaty in Virginia—JohnThompson's brilliant speech expresses popular sentiment—Hecouples the Jay Treaty with Neutrality: "a sullen neutralitybetween freemen and despots"—The Federalists elect Marshall tothe Legislature—Washington is anxious over its proceedings—Carringtonmakes absurdly optimistic forecast—The Republicansin the Legislature attack the Jay Treaty—Marshall defends it withgreat adroitness—Must the new House of Representatives be consultedabout treaties?—Carrington writes Washington that Marshall'sargument was a demonstration—Randolph reports to Jeffersonthat Marshall's speech was tricky and ineffectual—Marshalldefeated—Amazing attack on Washington and stout defense ofhim led by Marshall—Washington's friends beaten—Legislaturerefuses to vote that Washington has "wisdom"—Jefferson denouncesMarshall: "His lax, lounging manners and profound hypocrisy"—Washingtonrecalls Monroe from France and tenders theFrench mission to Marshall, who declines—The Fauchet dispatchis intercepted and Randolph is disgraced—Washington forces himto resign as Secretary of State—The President considers Marshallfor the head of his Cabinet—The opposition to the Jay Treatygrows in intensity—Marshall arranges a public meeting in Richmond—Thedebate lasts all day—The reports as to the effect of hisspeeches contradictory—Marshall describes situation—The Republicansmake charges and Marshall makes counter-charges—Thenational Federalist leaders depend on Marshall—They commissionhim to sound Henry on the Presidency as the successor ofWashington—Washington's second Administration closes—He issavagely abused by the Republicans—The fight in the Legislatureover the address to him—Marshall leads the Administration forcesand is beaten—The House of Delegates refuse to vote that Washingtonis wise, brave, or even patriotic—Washington goes out of thePresidency amid storms of popular hatred—The "Aurora's"denunciation of him—His own description of the abuse: "indecentterms that could scarcely be applied to a Nero, a defaulter,or a common pickpocket"—Jefferson is now the popularhero—All this makes a deep and permanent impression onMarshall. | ||
| [V.] | THE MAN AND THE LAWYER | [166] |
| An old planter refuses to employ Marshall as his lawyer becauseof his shabby and unimpressive appearance—He changes hismind after hearing Marshall address the court—Marshall is consciousof his superiority over other men—Wirt describes Marshall'sphysical appearance—He practices law as steadily as hispolitical activities permit—He builds a fine house adjacent tothose of his powerful brothers-in-law—Richmond becomes aflourishing town—Marshall is childishly negligent of his personalconcerns: the Beaumarchais mortgage; but he is extreme in hissolicitude for the welfare of his relatives: the letter on the love-affairof his sister; and he is very careful of the business entrustedto him by others—He is an enthusiastic Free Mason and becomesGrand Master of that order in Virginia—He has peculiarmethods at the bar: cites few authorities, always closes in argument,and is notably honest with the court: "The law is correctlystated by opposing counsel"—Gustavus Schmidt describesMarshall—He is employed in the historic case of Ware vs. Hylton—Hisargument in the lower court so satisfactory to hisclients that they select him to conduct their case in the SupremeCourt of the United States—Marshall makes a tremendous andlasting impression by his effort in Philadelphia—Rufus Kingpays him high tribute—After twenty-four years William Wirtremembers Marshall's address and describes it—Wirt adviseshis son-in-law to imitate Marshall—Francis Walker Gilmerwrites, from personal observation, a brilliant and accurate analysisof Marshall as lawyer and orator—The Federalist leadersat the Capital court Marshall—He has business dealings withRobert Morris—The Marshall syndicate purchases the Fairfaxestate—Marshall's brother marries Hester Morris—The oldfinancier makes desperate efforts to raise money for the Fairfaxpurchase—Marshall compromises with the Legislature of Virginia—Hisbrother finally negotiates a loan in Antwerp on Morris'sreal estate and pays half of the contract price—RobertMorris becomes bankrupt and the burden of the Fairfax debt fallson Marshall—He is in desperate financial embarrassment—PresidentAdams asks him to go to France as a member of themission to that country—The offer a "God-send" to Marshall,who accepts it in order to save the Fairfax estate. | ||
| [VI.] | ENVOY TO FRANCE | [214] |
| Marshall starts for France—Letters to his wife—Is bored bythe social life of Philadelphia—His opinion of Adams—ThePresident's opinion of Marshall—The "Aurora's" sarcasm—Thereason for sending the mission—Monroe's conduct in Paris—TheRepublicans a French party—The French resent the JayTreaty and retaliate by depredations on American Commerce—Pinckney,as Monroe's successor, expelled from France—PresidentAdams's address to Congress—Marshall, Pinckney, andGerry are sent to adjust differences between France and America—Gerry'sappointment is opposed by entire Cabinet and all Federalistleaders because of their distrust of him—Adams cautions Gerryand Jefferson flatters him—Marshall arrives at The Hague—Conditionsin France—Marshall's letter to his wife—His long,careful and important letter to Washington—His letter to Leefrom Antwerp—Marshall and Pinckney arrive at Paris—Thecity—The corruption of the Government—Gerry arrives—Theenvoys meet Talleyrand—Description of the Foreign Minister—Hisopinion of America and his estimate of the envoys—Mysteriousintimations. | ||
| [VII.] | FACING TALLEYRAND | [257] |
| Marshall urges formal representation of American grievances toFrench Government—Gerry opposes action—The intrigue begins—Hottenguerappears—The Directory must be "soothed"by money "placed at the disposal of M. Talleyrand"—TheFrench demands: "pay debts due from France to American citizens,pay for French spoliations of American Commerce, andmake a considerable loan and something for the pocket" (a bribe oftwo hundred and fifty thousand dollars)—Marshall indignantlyopposes and insists on formally presenting the American case—Gerrywill not agree—Bellamy comes forward and proposes stillharder terms: "you must pay money, you must pay a great deal ofmoney"—The envoys consult—Marshall and Gerry disagree—Hottenguerand Bellamy breakfast with Gerry—They againurge loan and bribe—Marshall writes Washington—His letteran able review of the state of the country—News of Bonaparte'sdiplomatic success at Campo Formio reaches Paris—Talleyrand'sagents again descend on the envoys and demand money—"No!not a sixpence"—Marshall's bold but moderate statement—Hautevaljoins Hottenguer and Bellamy—Gerry calls on Talleyrand:is not received—Talleyrand's agents hint at war—Theythreaten the envoys with "the French party in America"—Marshalland Pinckney declare it "degrading to carry on indirect intercourse"—Marshallagain insists on written statement to Talleyrand—Gerryagain objects—Marshall's letter to his wife—Hisletter in cipher to Lee—Bonaparte appears in Paris—His consummateacting—The fête at the Luxemburg to the Conqueror—Effecton Marshall. | ||
| [VIII.] | THE AMERICAN MEMORIAL | [290] |
| Madame de Villette—Her friendship with Marshall—Her proposalsto Pinckney—Beaumarchais enters the plot—Marshallhis attorney in Virginia—Bellamy suggests an arrangement betweenMarshall and Beaumarchais—Marshall rejects it—Gerryasks Talleyrand to dine with him—The dinner—Hottenguerin Talleyrand's presence again proposes the loan andbribe—Marshall once more insists on written statement of theAmerican case—Gerry reluctantly consents—Marshall writesthe American memorial—That great state paper—The Frenchdecrees against American commerce become harsher—Gerryholds secret conferences with Talleyrand—Marshall rebukesGerry—Talleyrand at last receives the envoys formally—Thefruitless discussion—Altercation between Marshall and Gerry—Beaumarchaiscomes with alarming news—Marshall againwrites Washington—Washington's answer—The French ForeignMinister answers Marshall's memorial—He proposes to treatwith Gerry alone—Marshall writes reply to Talleyrand—Beaumarchaismakes final appeal to Marshall—Marshall replies withspirit—He sails for America. | ||
| [IX.] | THE TRIUMPHANT RETURN | [335] |
| Anxiety in America—Jefferson is eager for news—Skipwithwrites Jefferson from Paris—Dispatches of envoys, written byMarshall, are received by the President—Adams makes alarmingspeech to Congress—The strength of the Republican Party increases—Republicansin House demand that dispatches be madepublic—Adams transmits them to Congress—Republicans arethrown into consternation and now oppose publication—FederalistSenate orders publication—Effect on Republicans in Congress—Effecton the country—Outburst of patriotism: "Hail,Columbia!" is written—Marshall arrives, unexpectedly, at NewYork—His dramatic welcome at Philadelphia—The Federalistbanquet: Millions "for defense but not one cent for tribute"—Adamswishes to appoint Marshall Associate Justice of the SupremeCourt—He declines—He is enthusiastically received at Richmond—Marshall'sspeech—He is insulted at the theater inFredericksburg—Congress takes decisive action: Navy Departmentis created and provisional army raised—Washington acceptscommand—His opinions of the French—His letter to Marshall'sbrother—Jefferson attacks X. Y. Z. dispatches and defendsTalleyrand—Alien and Sedition Laws are enacted—Gerry's predicamentin France—His return—Marshall disputes Gerry'sstatements—Marshall's letter to his wife—He is hard pressed formoney—Compensation for services as envoy saves the Fairfaxestate—Resolves to devote himself henceforth exclusively to hisprofession. | ||
| [X.] | CANDIDATE FOR CONGRESS | [374] |
| Plight of the Federalists in Richmond—They implore Marshallto be their candidate for Congress—He refuses—Washington personallyappeals to him—Marshall finally yields—Violence of thecampaign—Republicans viciously attack Marshall—the Alien andSedition Laws the central issue—"Freeholder's" questions toMarshall—His answers—Federalists disgusted with Marshall—"TheLetters of Curtius"—The Kentucky and Virginia Resolutions—Thephilosophy of secession—Madison writes address ofmajority of Virginia Legislature to their constituents—Marshallwrites address of the minority which Federalists circulate as campaigndocument—Republicans ridicule its length and verbosity—Federalistsbelieve Republicans determined to destroy the NationalGovernment—Campaign charges against Marshall—Marshall'sdisgust with politics: "Nothing more debases or pollutes thehuman mind"—Despondent letter to his brother—On the brink ofdefeat—Patrick Henry saves Marshall—Riotous scenes on electionday—Marshall wins by a small majority—Washington rejoices—Federalistpoliticians not sure of Marshall—Jefferson irritated atMarshall's election—Marshall visits his father—Jefferson thinks ita political journey: "the visit of apostle Marshall to Kentucky excitesanxiety"—Naval war with France in progress—Adams sends thesecond mission to France—Anger of the Federalists—Republicanrejoicing—Marshall supports President's policy—Adams pardonsFries—Federalists enraged, Republicans jubilant—State ofparties when Marshall takes his seat in Congress. | ||
| [XI.] | INDEPENDENCE IN CONGRESS | [432] |
| Speaker Sedgwick's estimate of Marshall—Cabot's opinion—Marshalla leader in Congress from the first—Prepares answer ofHouse to President's speech—It satisfies nobody—Wolcott describesMarshall—Presidential politics—Marshall writes hisbrother analysis of situation—Announces death of Washington,presents resolutions, and addresses House: "first in war, first in peaceand first in the hearts of his countrymen"—Marshall's activity inthe House—He clashes with John Randolph of Roanoke—Debateon Slavery and Marshall's vote—He votes against his partyon Sedition Law—Opposes his party's favorite measure, the DisputedElections Bill—Forces amendment and kills the bill—Federalistresentment of his action: Speaker Sedgwick's commenton Marshall—The celebrated case of Jonathan Robins—Republicansmake it principal ground of attack on Administration—TheLivingston Resolution—Marshall's great speech on Executivepower—Gallatin admits it to be "unanswerable"—It defeats theRepublicans—Jefferson's faint praise—the "Aurora's" amusingcomment—Marshall defends the army and the policy of preparingfor war—His speech the ablest on the Army Bill—His letter toDabney describing conditions—Marshall helps draw the firstBankruptcy Law and, in the opinion of the Federalists, spoils it—SpeakerSedgwick vividly portrays Marshall as he appeared to theFederalist politicians at the close of the session. | ||
| [XII.] | CHIEF JUSTICE OF THE UNITED STATES | [485] |
| The shattering of Adams's Cabinet—Marshall declines office ofSecretary of War—Offered that of Secretary of State—Adams'sdifficult party situation—The feud with Hamilton—Marshallfinally, and with reluctance, accepts portfolio of Secretary of State—Republicancomment—Federalist politicians approve: "Marshalla state conservator"—Adams leaves Marshall in charge atWashington—Examples of his routine work—His retort to theBritish Minister—His strong letter to Great Britain on the Britishdebts—Controversy with Great Britain over contraband, treatmentof neutrals, and impressment—Marshall's notable letter onthese subjects—His harsh language to Great Britain—Federalistdisintegration begins—Republicans overwhelmingly victorious inMarshall's home district—Marshall's despondent letter to Otis:"The tide of real Americanism is on the ebb"—Federalistleaders quarrel; rank and file confused and angered—Hamilton'sfaction plots against Adams—Adams's inept retaliation: Hamiltonand his friends "a British faction"—Republican strength increases—Jefferson'splatform—The second mission to Francesucceeds in negotiating a treaty—Chagrin of Federalists and rejoicingof Republicans—Marshall dissatisfied but favors ratification—Hamilton'samazing personal attack on Adams—TheFederalists dumbfounded, the Republicans in glee—The terriblecampaign of 1800—Marshall writes the President's address toCongress—The Republicans carry the election by a narrow margin—Tiebetween Jefferson and Burr—Federalists in Housedetermine to elect Burr—Hamilton's frantic efforts against Burr:"The Catiline of America"—Hamilton appeals to Marshall, whofavors Burr—Marshall refuses to aid Jefferson, but agrees to keephands off—Ellsworth resigns as Chief Justice—Adams reappointsJay, who declines—Adams then appoints Marshall, who, withhesitation, accepts—The appointment unexpected and arouses nointerest—Marshall continues as Secretary of State—The dramaticcontest in the House over Burr and Jefferson—Marshall accusedof advising Federalists that Congress could provide for Presidencyby law in case of deadlock—Federalists consider Marshallfor the Presidency—Hay assails Marshall—Burr refuses Federalistproposals—The Federalist bargain with Jefferson—He iselected—The "midnight judges"—The power over the SupremeCourt which Marshall was to exercise totally unsuspected by anybody—Failureof friend and foe to estimate properly his courageand determination. | ||
| [APPENDIX] | [565] | |
| [I.] List of Cases | [567] | |
| [II.] General Marshall's Answer to an Address of the Citizens of Richmond, Virginia | [571] | |
| [III.] Freeholder's Questions to General Marshall | [574] | |
| [WORKS CITED IN THIS VOLUME] | [579] | |
ILLUSTRATIONS
| JOHN MARSHALL AS CHIEF JUSTICE | [Colored Frontispiece] |
| From the portrait by John Wesley Jarvis in the possession of Mr.Roland Gray, of Boston. It represents Marshall as he was during hisearly years as Chief Justice and as he appeared when Representativein Congress and Secretary of State. The Jarvis portrait is by far thebest likeness of Marshall during this period of his life. | |
| JOHN MARSHALL | [48] |
| From a painting by E. F. Petticolas, presented by the artist to JohnMarshall and now in the possession of Mr. Malcolm G. Bruce, of SouthBoston, Va. | |
| JOHN MARSHALL | [124] |
| From a painting by Rembrandt Peale in the rooms of the Long IslandHistorical Society. | |
| JOHN MARSHALL'S HOUSE, RICHMOND | [172] |
| From a photograph taken especially for this book. The house wasbuilt by Marshall between 1789 and 1793. It was his second home inRichmond and the one in which he lived for more than forty years. | |
| THE LARGE ROOM WHERE THE FAMOUS "LAWYERS'DINNERS" WERE GIVEN | [172] |
| From a photograph taken especially for this book. The woodwork ofthe room, which is somewhat indistinct in the reproduction, is exceedinglywell done. | |
| WILLIAM WIRT | [192] |
| From an engraving by A. B. Walter, from a portrait by Charles B.King, in "Memoirs of William Wirt," by John P. Kennedy, publishedby Lea & Blanchard, Philadelphia, 1849. Autograph from the Chamberlaincollection, Boston Public Library. | |
| ROBERT MORRIS | [202] |
| From an original painting by Gilbert Stuart through kind permissionof the owner, C. F. M. Stark, Esq., of Winchester, Mass. Autographfrom the Declaration of Independence. | |
| FACSIMILE OF A PAGE OF JAMES MARSHALL'SACCOUNT WITH ROBERT MORRIS, HIS FATHER-IN-LAW | [210] |
| From the original in the possession of James M. Marshall, of FrontRoyal, Virginia. This page shows £7700 sterling furnished by RobertMorris to the Marshall brothers for the purchase of the Fairfax estate.This documentary evidence of the source of the money with which theMarshalls purchased this holding has not hitherto been known to exist. | |
| FACSIMILE OF THE FIRST PAGE OF A LETTERFROM JOHN MARSHALL TO HIS WIFE, JULY 2, 1797 | [214] |
| From the original in the possession of Miss Emily Harvie, of Richmond.The letter was written from Philadelphia immediately afterMarshall's arrival at the capital when starting on his journey to Franceon the X. Y. Z. Mission. It is characteristic of Marshall in the fervidexpressions of tender affection for his wife, whom he calls his "dearestlife." It is also historically important as describing his first impressionof President Adams. | |
| FACSIMILE OF PART OF LETTER OF JULY 17, 1797,FROM JOHN ADAMS TO ELBRIDGE GERRY DESCRIBINGJOHN MARSHALL | [228] |
| From the original in the Adams Manuscripts. President Adams writesof Marshall as he appeared to him just before he sailed for France. | |
| CHARLES MAURICE DE TALLEYRAND-PÉRIGORD | [252] |
| From an engraving by Bocourt after a drawing by Mullard, reproducedthrough the kindness of Mr. Charles E. Goodspeed. This portrait representsTalleyrand as he was some time after the X. Y. Z. Mission. | |
| GENERAL CHARLES COTESWORTH PINCKNEY | [274] |
| From an engraving by E. Wellmore after the miniature by EdwardGreene Malbone. | |
| ELBRIDGE GERRY | [310] |
| From an engraving by J. B. Longacre after a drawing made fromlife by Vanderlyn in 1798, when Gerry was in Paris. | |
| FACSIMILE OF PART OF A LETTER FROM JOHNMARSHALL TO HIS BROTHER, DATED APRIL 3,1799, REFERRING TO THE VIRULENCE OF THECAMPAIGN IN WHICH MARSHALL WAS A CANDIDATEFOR CONGRESS | [410] |
| The word "faction" in this excerpt meant "party" in the vernacularof the period. | |
| STATUE OF JOHN MARSHALL, BY RANDOLPH ROGERS | [456] |
| This is one of six statues at the base of the Washington monument inRichmond, Va., the other figures being Jefferson, Henry, Mason, Nelson,and Lewis. The Washington Monument was designed by ThomasCrawford, who died before completing the work, and was finished byRogers. From a photograph. | |
| STATUE OF MARSHALL, BY W. W. STORY | [530] |
| At the Capitol, Washington, D.C. From a photograph. |