FOOTNOTES:

FOOTNOTES:[741]See summary in McMaster, ii, 374.[742]Six copies of the dispatches of the American envoys to the Secretary of State were sent by as many ships, so that at least one of them might reach its destination.[743]Jefferson to Madison, Jan. 25, 1798;Works: Ford, viii, 259.[744]Jefferson to Madison, Feb. 15, 1798;Works: Ford, viii, 368.[745]Skipwith to Jefferson, Paris, March 17, 1798; Gibbs, ii, 160.[746]Am. St. Prs., For. Rel., ii, 152, 157, 159, 161, 166.[747]Ib.The President at this time communicated only the first dispatch, which was not in cipher. It merely stated that there was no hope that the envoys would be received and that a new decree directed the capture of all neutral ships carrying any British goods whatever. (Ib., 157.)[748]Ib., 152; Richardson, i, 264; andWorks: Adams, ix, 156.[749]Jefferson to Madison, March 21, 1798;Works: Ford, viii, 386.[750]Jefferson to Monroe, March 21, 1798;ib., 388-89.[751]Jefferson to Madison, March 29, 1798;ib., 392.[752]Jefferson to Pendleton, April 2, 1798;ib., 394-97.[753]Aurora, April 3, 1798.[754]Otis to Mason, March 22, 1798; Morison, i, 90.[755]Jonathan Mason to Otis, March 30, 1798;ib., 93. And see the valuable New England Federalist correspondence of the time inib.[756]Aurora, April 7, 1798. A week later, under the caption, "The Catastrophe," theAurorabegan the publication of a series of ably written articles excusing the conduct of the French officials and condemning that of Marshall and Pinckney.[757]Troup to King, June 3, 1798; King, ii, 329. Ten thousand copies of the dispatches were ordered printed and distributed at public expense. Eighteen hundred were sent to Virginia alone. (Pickering to Marshall, July 24, 1798; Pickering MSS., Mass. Hist. Soc.) This was the beginning of the printing and distributing of public documents by the National Government. (Hildreth, ii, 217.)[758]Pickering's statement, April 3, 1798;Am. St. Prs., ii, 157.[759]Jefferson to Madison, April 5, 1798;Works: Ford, viii, 398.[760]Ib.[761]Pickering to Jay, April 9, 1798;Jay: Johnston, iv, 236.[762]Jefferson to Madison, April 26, 1798;Works: Ford, viii, 411. Among the Republicans who deserted their posts Jefferson names Giles, Nicholas, and Clopton.[763]Jefferson to Madison, April 6, 1798;ib., 403.[764]Ib., April 12, 1798;ib., 404.[765]Jefferson to Carr, April 12, 1798;Works: Ford, viii, 405-06.[766]Madison to Jefferson, April 15, 1798;Writings: Hunt, vi, 315.[767]Washington to Pickering, April 16, 1798;Writings: Ford, xiii, 495.[768]Washington to Hamilton, May 27, 1798;ib., xiv, 6-7.[769]Sedgwick to King, May 1, 1798; King, ii, 319.[770]Ames to Gore, Dec. 18, 1798;Works: Ames, i, 245-46.[771]Troup to King, June 3, 1798; King, ii, 329.[772]Jefferson to Madison, May 3, 1797,Works: Ford, viii, 413.[773]Jefferson to Monroe, March 7, 1801;ib., ix, 203.[774]Higginson to Pickering, June 26, 1798; Pickering MSS., Mass. Hist. Soc.[775]Jonathan Mason to Otis, May 28, 1798; Morison, i, 95-96.[776]Troup to King, June 3, 1798; King, ii, 329.[777]Ib., 330; and see letters of Bingham, Lawrence, and Cabot to King,ib., 331-34. From the newspapers of the time, McMaster has drawn a brilliant picture of the thrilling and dramatic scenes which all over the United States marked the change in the temper of the people. (McMaster, ii, 376et seq.)[778]"Hail Columbia exacts not less reverence in America than the Marseillaise Hymn in France and Rule Britannia in England." (Davis, 128.)[779]Norfolk (Va.)Herald, June 25, 1798.[780]Troup to King, June 23, 1798; King, ii, 349.[781]Even Franklin's welcome on his first return from diplomatic service in England did not equal the Marshall demonstration.[782]A strenuously Republican environ of Philadelphia.[783]Gazette of the United States, June 20, 1798; see also Claypoole'sAmerican Daily Advertiser, Wednesday, June 20, 1798.[784]Gazette of the United States, June 21, 1798.[785]Aurora, June 21, 1798; and seeib., June 20.[786]Jefferson to Madison, June 21, 1798;Works: Ford, viii, 439-40.[787]General Marshall at O'Eller's Hotel, June 23, 1798; Jefferson MSS., Lib. Cong.[788]Green Bag, viii, 482-83.[789]Marshall to Jefferson; Jefferson MSS., Lib. Cong.[790]Pickering to Marshall, Sept. 20, 1798; Pickering MSS., Mass. Hist. Soc.[791]This sentiment has been ascribed to General C. C. Pinckney, Marshall's colleague on the X. Y. Z. mission. But it was first used at the Philadelphia banquet to Marshall. Pinckney's nearest approach to it was his loud, and wrathful, "No! not a sixpence!" when Hottenguer made one of his incessant demands for money. (Seesupra, 273.)[792]Claypoole'sAmerican Daily Advertiser, Wednesday, June 20, 1798; Pa. Hist. Soc. The toasts drank at this dinner to Marshall illustrate the popular spirit at that particular moment. They also furnish good examples of the vocabulary of Federalism at the period of its revival and only two years before its annihilation by Jefferson's new party:—"1. The United States—'free, sovereign & independent.'"2. The people and the Government—'one and indivisible.'"3. The President—'some other hand must be found to sign the ignominious deed' that would surrender the sovereignty of his Country."4. General Washington—'His name a rampart & the Knowledge that he lives a bulwark against mean and secret enemies of his Country's Peace.'"5. General Pinckney. ''Tis not in mortals to command success: He has done more—deserved it.'"6. The Officers & Soldiers of the American Army. 'May glory be their Theme, Victory their Companion, & Gratitude & Love their Rewards.'"7. The Navy of the United States. 'May its infant efforts, like those of Hercules, be the Presage of its future Greatness.'"8. The Militia. 'May they never cease to combine the Valor of the Soldier with the Virtues of the Citizen.'"9. The Gallant Youth of America. 'May they disdain to hold as Tenants at Will, the Independence inherited from their ancestors.'"10. The Heroes who fell in the Revolutionary War. 'May their memory never be dishonored by a surrender of the Freedom purchased with their Blood.'"11. The American Eagle. 'May it regard with disdain the crowing of the Gallic cock.'"12. Union & Valour—infallible Antidotes against diplomatic skill."13. Millions for Defense but not a cent for Tribute."14. The first duties of a good citizen—Reverence for the Laws and Respect for the Magistracy."15. Agriculture & Commerce—A Dissolution of whose partnership will be the Bankruptcy of both."16. The Constitution—'Esto Perpetua.'"After General Marshall Retired:—"General Marshall—The man whom his country delights to Honor." (Ib., June 25, 1798.)[793]Claypoole'sAmerican Daily Advertiser, Monday, June 25, 1798; andGazette of the United States, Saturday, June 23, 1798.[794]Ib., June 25, 1798; and June 23, 1798.[795]Adams to Congress, June 21, 1798;Works: Adams, ix, 158; and Richardson, i, 266. Italics are mine.[796]Infra, chap.xii.[797]Marshall to Washington, June 22, 1798; MS., Lib. Cong.[798]Aurora, June 30, 1798.[799]Gazette of the United States, June 28, 1797.[800]Columbian Centinel, Boston, Sept. 22, 1798.[801]Norfolk (Va.)Herald, Aug. 30, 1798.[802]Troup to King, Nov. 16, 1798; King, ii, 465; and see same to same, July 10, 1798;ib., 363.[803]Carey'sUnited States Recorder, Aug. 16, 1798.[804]McMaster, ii, 380-85; Hildreth, v, 203et seq.[805]McMaster, ii, 380-85.[806]"Oration of Robert Treat Paine to Young Men of Boston," July 17, 1799; in Works ofRobert Treat Paine, ed. 1812, 301et seq.[807]Washington to Murray, Aug. 10, 1798;Writings: Ford, xiv, 72.[808]Norfolk (Va.)Herald, July 10, 1798.[809]Washington to Jas. Marshall, July 18, 1798; MS., N.Y. Pub. Lib. And see Washington to Murray, Aug. 10, 1798;Writings: Ford, xiv, 71. "I ... hope that ... when the Despots of France find how much they ... have been deceived by their partisansamong us, ... that an appeal to arms ... will be ... unnecessary." (Ib.)[810]Troup to King, July 10, 1798; King, ii, 362.[811]Skipwith to Jefferson, March 17, 1798; Gibbs, ii, 158.[812]Supra, chap.viii.[813]Skipwith to Jefferson, March 17, 1798; Gibbs, ii, 158.[814]Washington to Adams, July 4, 1798;Writings: Ford, xiv, 15-19.[815]Seeinfra, chap.xii.[816]See Marshall (1st ed.), v, footnote to 743; Hildreth, v, 218; also McMaster, ii, 390.[817]Jefferson to Carr, April 12, 1798;Works: Ford, viii, 405.[818]Jefferson to Stuart, June 8, 1798;ib., 436.[819]Washington to McHenry, May, 1798;Writings: Ford, xiii, footnote to 495.[820]Jefferson to Gerry, Jan. 26, 1799;Works: Ford, ix, 21-22.[821]Troup to King, July 10, 1798; King, ii, 363.[822]King to Hamilton, London, July 14, 1798;ib., 365.[823]Smith to Wolcott, Lisbon, Aug. 14, postscript Aug. 17, 1798; Gibbs, ii, 120.[824]King to Troup, July 31, 1798; King, ii, 377.[825]King to Pickering, July 19, 1798;ib., 370.[826]Murray to J. Q. Adams, June 8, 1787;Letters: Ford, 416.[827]Troup to King, July 10, 1798; King, ii, 363.[828]Sedgwick to King, July 1, 1798;ib., 353.[829]Cabot to King, July 2, 1798;ib., 353.[830]Higginson to Wolcott, Sept. 11, 1798; Gibbs, ii, 107.[831]King to Hamilton, London, July 14, 1798; King, ii, 365.[832]Thomas Pinckney to King, July 18, 1798; King, ii, 369.[833]Pickering to King, Sept. 15, 1798, quoting Pinckney;ib., 414. Italics are Pinckney's.[834]Troup to King, Oct. 2, 1798;ib., 432-33.[835]Washington to Pickering, Oct. 26, 1798;Writings: Ford, xiv, 121.[836]Marshall to Pickering, Aug. 11, 1798; Pickering MSS., Mass. Hist. Soc.[837]Beaumarchais.[838]Pickering to Marshall, Sept. 4, 1798; Pickering MSS., Mass. Hist. Soc.[839]Marshall to Secretary of State, Sept. 15, 1798;ib.[840]Pickering to Marshall, Oct. 19, 1798;ib.[841]Cabot to King, April 26, 1798; King, iii, 9.[842]Pickering to Marshall, Nov. 5, 1798; Pickering MSS.[843]Marshall to Pickering, Nov. 12, 1798;ib.[844]See next chapter.[845]Marshall to Pickering, Oct. 15, 1798; Pickering MSS., Mass. Hist. Soc.[846]Marshall to Pickering, Oct. 22, 1798;ib., Mass. Hist. Soc., xxiii, 251.[847]Jefferson to Pendleton, Jan. 29, 1799;Works: Ford, ix, 27-28.[848]Marshall to Pickering, November 12, 1798; Pickering MSS., Mass. Hist. Soc.[849]Marshall to Secretary of State, Feb. 19, 1799;ib.[850]Marshall's fourth child, born January 15, 1798, during Marshall's absence in France.[851]Marshall to his wife, Richmond, Aug. 18, 1798; MS. Mrs. Marshall remained in Winchester, where her husband had hurried to see her after leaving Philadelphia. Her nervous malady had grown much worse during Marshall's absence. Mrs. Carrington had been "more than usual occupied with my poor sister Marshall ... who fell into a deep melancholy. Her husband, who might by his usual tenderness (had he been here) have dissipated this frightful gloom, was long detained in France.... The malady increased." (Mrs. Carrington to Miss C[airns], 1800; Carrington MSS.)[852]Marshall to Pickering, August 11, 1798; Pickering MSS., Mass. Hist. Soc., xxiii, 33.[853]Pickering to Marshall, Sept. 4, 1798;ib.[854]Archives, State Department. Thirty-five hundred dollars was placed at Marshall's disposal when he sailed for France, five hundred dollars in specie and the remainder by letter of credit on governments and European bankers. (Marshall to Secretary of State, July 10, 1797; Pickering MSS. Also Archives, State Department.) He drew two thousand dollars more when he arrived at Philadelphia on his return (June 23;ib.), and $14,463.97 on Oct. 13 (ib.).[855]The "Anas";Works: Ford, i, 355.

[741]See summary in McMaster, ii, 374.

[742]Six copies of the dispatches of the American envoys to the Secretary of State were sent by as many ships, so that at least one of them might reach its destination.

[743]Jefferson to Madison, Jan. 25, 1798;Works: Ford, viii, 259.

[744]Jefferson to Madison, Feb. 15, 1798;Works: Ford, viii, 368.

[745]Skipwith to Jefferson, Paris, March 17, 1798; Gibbs, ii, 160.

[746]Am. St. Prs., For. Rel., ii, 152, 157, 159, 161, 166.

[747]Ib.The President at this time communicated only the first dispatch, which was not in cipher. It merely stated that there was no hope that the envoys would be received and that a new decree directed the capture of all neutral ships carrying any British goods whatever. (Ib., 157.)

[748]Ib., 152; Richardson, i, 264; andWorks: Adams, ix, 156.

[749]Jefferson to Madison, March 21, 1798;Works: Ford, viii, 386.

[750]Jefferson to Monroe, March 21, 1798;ib., 388-89.

[751]Jefferson to Madison, March 29, 1798;ib., 392.

[752]Jefferson to Pendleton, April 2, 1798;ib., 394-97.

[753]Aurora, April 3, 1798.

[754]Otis to Mason, March 22, 1798; Morison, i, 90.

[755]Jonathan Mason to Otis, March 30, 1798;ib., 93. And see the valuable New England Federalist correspondence of the time inib.

[756]Aurora, April 7, 1798. A week later, under the caption, "The Catastrophe," theAurorabegan the publication of a series of ably written articles excusing the conduct of the French officials and condemning that of Marshall and Pinckney.

[757]Troup to King, June 3, 1798; King, ii, 329. Ten thousand copies of the dispatches were ordered printed and distributed at public expense. Eighteen hundred were sent to Virginia alone. (Pickering to Marshall, July 24, 1798; Pickering MSS., Mass. Hist. Soc.) This was the beginning of the printing and distributing of public documents by the National Government. (Hildreth, ii, 217.)

[758]Pickering's statement, April 3, 1798;Am. St. Prs., ii, 157.

[759]Jefferson to Madison, April 5, 1798;Works: Ford, viii, 398.

[760]Ib.

[761]Pickering to Jay, April 9, 1798;Jay: Johnston, iv, 236.

[762]Jefferson to Madison, April 26, 1798;Works: Ford, viii, 411. Among the Republicans who deserted their posts Jefferson names Giles, Nicholas, and Clopton.

[763]Jefferson to Madison, April 6, 1798;ib., 403.

[764]Ib., April 12, 1798;ib., 404.

[765]Jefferson to Carr, April 12, 1798;Works: Ford, viii, 405-06.

[766]Madison to Jefferson, April 15, 1798;Writings: Hunt, vi, 315.

[767]Washington to Pickering, April 16, 1798;Writings: Ford, xiii, 495.

[768]Washington to Hamilton, May 27, 1798;ib., xiv, 6-7.

[769]Sedgwick to King, May 1, 1798; King, ii, 319.

[770]Ames to Gore, Dec. 18, 1798;Works: Ames, i, 245-46.

[771]Troup to King, June 3, 1798; King, ii, 329.

[772]Jefferson to Madison, May 3, 1797,Works: Ford, viii, 413.

[773]Jefferson to Monroe, March 7, 1801;ib., ix, 203.

[774]Higginson to Pickering, June 26, 1798; Pickering MSS., Mass. Hist. Soc.

[775]Jonathan Mason to Otis, May 28, 1798; Morison, i, 95-96.

[776]Troup to King, June 3, 1798; King, ii, 329.

[777]Ib., 330; and see letters of Bingham, Lawrence, and Cabot to King,ib., 331-34. From the newspapers of the time, McMaster has drawn a brilliant picture of the thrilling and dramatic scenes which all over the United States marked the change in the temper of the people. (McMaster, ii, 376et seq.)

[778]"Hail Columbia exacts not less reverence in America than the Marseillaise Hymn in France and Rule Britannia in England." (Davis, 128.)

[779]Norfolk (Va.)Herald, June 25, 1798.

[780]Troup to King, June 23, 1798; King, ii, 349.

[781]Even Franklin's welcome on his first return from diplomatic service in England did not equal the Marshall demonstration.

[782]A strenuously Republican environ of Philadelphia.

[783]Gazette of the United States, June 20, 1798; see also Claypoole'sAmerican Daily Advertiser, Wednesday, June 20, 1798.

[784]Gazette of the United States, June 21, 1798.

[785]Aurora, June 21, 1798; and seeib., June 20.

[786]Jefferson to Madison, June 21, 1798;Works: Ford, viii, 439-40.

[787]General Marshall at O'Eller's Hotel, June 23, 1798; Jefferson MSS., Lib. Cong.

[788]Green Bag, viii, 482-83.

[789]Marshall to Jefferson; Jefferson MSS., Lib. Cong.

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

[791]This sentiment has been ascribed to General C. C. Pinckney, Marshall's colleague on the X. Y. Z. mission. But it was first used at the Philadelphia banquet to Marshall. Pinckney's nearest approach to it was his loud, and wrathful, "No! not a sixpence!" when Hottenguer made one of his incessant demands for money. (Seesupra, 273.)

[792]Claypoole'sAmerican Daily Advertiser, Wednesday, June 20, 1798; Pa. Hist. Soc. The toasts drank at this dinner to Marshall illustrate the popular spirit at that particular moment. They also furnish good examples of the vocabulary of Federalism at the period of its revival and only two years before its annihilation by Jefferson's new party:—"1. The United States—'free, sovereign & independent.'"2. The people and the Government—'one and indivisible.'"3. The President—'some other hand must be found to sign the ignominious deed' that would surrender the sovereignty of his Country."4. General Washington—'His name a rampart & the Knowledge that he lives a bulwark against mean and secret enemies of his Country's Peace.'"5. General Pinckney. ''Tis not in mortals to command success: He has done more—deserved it.'"6. The Officers & Soldiers of the American Army. 'May glory be their Theme, Victory their Companion, & Gratitude & Love their Rewards.'"7. The Navy of the United States. 'May its infant efforts, like those of Hercules, be the Presage of its future Greatness.'"8. The Militia. 'May they never cease to combine the Valor of the Soldier with the Virtues of the Citizen.'"9. The Gallant Youth of America. 'May they disdain to hold as Tenants at Will, the Independence inherited from their ancestors.'"10. The Heroes who fell in the Revolutionary War. 'May their memory never be dishonored by a surrender of the Freedom purchased with their Blood.'"11. The American Eagle. 'May it regard with disdain the crowing of the Gallic cock.'"12. Union & Valour—infallible Antidotes against diplomatic skill."13. Millions for Defense but not a cent for Tribute."14. The first duties of a good citizen—Reverence for the Laws and Respect for the Magistracy."15. Agriculture & Commerce—A Dissolution of whose partnership will be the Bankruptcy of both."16. The Constitution—'Esto Perpetua.'"After General Marshall Retired:—"General Marshall—The man whom his country delights to Honor." (Ib., June 25, 1798.)

"1. The United States—'free, sovereign & independent.'

"2. The people and the Government—'one and indivisible.'

"3. The President—'some other hand must be found to sign the ignominious deed' that would surrender the sovereignty of his Country.

"4. General Washington—'His name a rampart & the Knowledge that he lives a bulwark against mean and secret enemies of his Country's Peace.'

"5. General Pinckney. ''Tis not in mortals to command success: He has done more—deserved it.'

"6. The Officers & Soldiers of the American Army. 'May glory be their Theme, Victory their Companion, & Gratitude & Love their Rewards.'

"7. The Navy of the United States. 'May its infant efforts, like those of Hercules, be the Presage of its future Greatness.'

"8. The Militia. 'May they never cease to combine the Valor of the Soldier with the Virtues of the Citizen.'

"9. The Gallant Youth of America. 'May they disdain to hold as Tenants at Will, the Independence inherited from their ancestors.'

"10. The Heroes who fell in the Revolutionary War. 'May their memory never be dishonored by a surrender of the Freedom purchased with their Blood.'

"11. The American Eagle. 'May it regard with disdain the crowing of the Gallic cock.'

"12. Union & Valour—infallible Antidotes against diplomatic skill.

"13. Millions for Defense but not a cent for Tribute.

"14. The first duties of a good citizen—Reverence for the Laws and Respect for the Magistracy.

"15. Agriculture & Commerce—A Dissolution of whose partnership will be the Bankruptcy of both.

"16. The Constitution—'Esto Perpetua.'"After General Marshall Retired:—"General Marshall—The man whom his country delights to Honor." (Ib., June 25, 1798.)

[793]Claypoole'sAmerican Daily Advertiser, Monday, June 25, 1798; andGazette of the United States, Saturday, June 23, 1798.

[794]Ib., June 25, 1798; and June 23, 1798.

[795]Adams to Congress, June 21, 1798;Works: Adams, ix, 158; and Richardson, i, 266. Italics are mine.

[796]Infra, chap.xii.

[797]Marshall to Washington, June 22, 1798; MS., Lib. Cong.

[798]Aurora, June 30, 1798.

[799]Gazette of the United States, June 28, 1797.

[800]Columbian Centinel, Boston, Sept. 22, 1798.

[801]Norfolk (Va.)Herald, Aug. 30, 1798.

[802]Troup to King, Nov. 16, 1798; King, ii, 465; and see same to same, July 10, 1798;ib., 363.

[803]Carey'sUnited States Recorder, Aug. 16, 1798.

[804]McMaster, ii, 380-85; Hildreth, v, 203et seq.

[805]McMaster, ii, 380-85.

[806]"Oration of Robert Treat Paine to Young Men of Boston," July 17, 1799; in Works ofRobert Treat Paine, ed. 1812, 301et seq.

[807]Washington to Murray, Aug. 10, 1798;Writings: Ford, xiv, 72.

[808]Norfolk (Va.)Herald, July 10, 1798.

[809]Washington to Jas. Marshall, July 18, 1798; MS., N.Y. Pub. Lib. And see Washington to Murray, Aug. 10, 1798;Writings: Ford, xiv, 71. "I ... hope that ... when the Despots of France find how much they ... have been deceived by their partisansamong us, ... that an appeal to arms ... will be ... unnecessary." (Ib.)

[810]Troup to King, July 10, 1798; King, ii, 362.

[811]Skipwith to Jefferson, March 17, 1798; Gibbs, ii, 158.

[812]Supra, chap.viii.

[813]Skipwith to Jefferson, March 17, 1798; Gibbs, ii, 158.

[814]Washington to Adams, July 4, 1798;Writings: Ford, xiv, 15-19.

[815]Seeinfra, chap.xii.

[816]See Marshall (1st ed.), v, footnote to 743; Hildreth, v, 218; also McMaster, ii, 390.

[817]Jefferson to Carr, April 12, 1798;Works: Ford, viii, 405.

[818]Jefferson to Stuart, June 8, 1798;ib., 436.

[819]Washington to McHenry, May, 1798;Writings: Ford, xiii, footnote to 495.

[820]Jefferson to Gerry, Jan. 26, 1799;Works: Ford, ix, 21-22.

[821]Troup to King, July 10, 1798; King, ii, 363.

[822]King to Hamilton, London, July 14, 1798;ib., 365.

[823]Smith to Wolcott, Lisbon, Aug. 14, postscript Aug. 17, 1798; Gibbs, ii, 120.

[824]King to Troup, July 31, 1798; King, ii, 377.

[825]King to Pickering, July 19, 1798;ib., 370.

[826]Murray to J. Q. Adams, June 8, 1787;Letters: Ford, 416.

[827]Troup to King, July 10, 1798; King, ii, 363.

[828]Sedgwick to King, July 1, 1798;ib., 353.

[829]Cabot to King, July 2, 1798;ib., 353.

[830]Higginson to Wolcott, Sept. 11, 1798; Gibbs, ii, 107.

[831]King to Hamilton, London, July 14, 1798; King, ii, 365.

[832]Thomas Pinckney to King, July 18, 1798; King, ii, 369.

[833]Pickering to King, Sept. 15, 1798, quoting Pinckney;ib., 414. Italics are Pinckney's.

[834]Troup to King, Oct. 2, 1798;ib., 432-33.

[835]Washington to Pickering, Oct. 26, 1798;Writings: Ford, xiv, 121.

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

[837]Beaumarchais.

[838]Pickering to Marshall, Sept. 4, 1798; Pickering MSS., Mass. Hist. Soc.

[839]Marshall to Secretary of State, Sept. 15, 1798;ib.

[840]Pickering to Marshall, Oct. 19, 1798;ib.

[841]Cabot to King, April 26, 1798; King, iii, 9.

[842]Pickering to Marshall, Nov. 5, 1798; Pickering MSS.

[843]Marshall to Pickering, Nov. 12, 1798;ib.

[844]See next chapter.

[845]Marshall to Pickering, Oct. 15, 1798; Pickering MSS., Mass. Hist. Soc.

[846]Marshall to Pickering, Oct. 22, 1798;ib., Mass. Hist. Soc., xxiii, 251.

[847]Jefferson to Pendleton, Jan. 29, 1799;Works: Ford, ix, 27-28.

[848]Marshall to Pickering, November 12, 1798; Pickering MSS., Mass. Hist. Soc.

[849]Marshall to Secretary of State, Feb. 19, 1799;ib.

[850]Marshall's fourth child, born January 15, 1798, during Marshall's absence in France.

[851]Marshall to his wife, Richmond, Aug. 18, 1798; MS. Mrs. Marshall remained in Winchester, where her husband had hurried to see her after leaving Philadelphia. Her nervous malady had grown much worse during Marshall's absence. Mrs. Carrington had been "more than usual occupied with my poor sister Marshall ... who fell into a deep melancholy. Her husband, who might by his usual tenderness (had he been here) have dissipated this frightful gloom, was long detained in France.... The malady increased." (Mrs. Carrington to Miss C[airns], 1800; Carrington MSS.)

[852]Marshall to Pickering, August 11, 1798; Pickering MSS., Mass. Hist. Soc., xxiii, 33.

[853]Pickering to Marshall, Sept. 4, 1798;ib.

[854]Archives, State Department. Thirty-five hundred dollars was placed at Marshall's disposal when he sailed for France, five hundred dollars in specie and the remainder by letter of credit on governments and European bankers. (Marshall to Secretary of State, July 10, 1797; Pickering MSS. Also Archives, State Department.) He drew two thousand dollars more when he arrived at Philadelphia on his return (June 23;ib.), and $14,463.97 on Oct. 13 (ib.).

[855]The "Anas";Works: Ford, i, 355.

Of the three envoys, the conduct of General Marshall alone has been entirely satisfactory. (Adams.)In heart and sentiment, as well as by birth and interest, I am an American. We should make no political connection with any nation on earth. (Marshall to constituents.)Tell Marshall I love him because he felt and acted as a Republican and an American. (Patrick Henry.)

Of the three envoys, the conduct of General Marshall alone has been entirely satisfactory. (Adams.)

In heart and sentiment, as well as by birth and interest, I am an American. We should make no political connection with any nation on earth. (Marshall to constituents.)

Tell Marshall I love him because he felt and acted as a Republican and an American. (Patrick Henry.)

In the congressional campaign of 1798-99, the Federalists of the Richmond District were without a strong candidate. The one they had put up lacked that personal popularity which then counted for as much in political contests as the issues involved. Upon Marshall's return from France and his enthusiastic reception, ending with the Richmond demonstration, the Federalist managers pressed Marshall to take the place of the candidate then running, who, indeed, was anxious to withdraw in his favor. But the returned envoy refused, urged the Federalist then standing to continue his candidacy, and pledged that he would do all in his power to secure his election.

Finally Washington asked Marshall to come to see him. "I received an invitation from General Washington," writes Marshall in his account of this important event, "to accompany his nephew ... on a visit to Mount Vernon."[856]

When Bushrod Washington wrote that Marshall accepted the invitation, the General was extremely gratified. "I learnt with much pleasure ... of General Marshall's intention to make me a visit," he writes his nephew. "I wish it of all things; and it is from the ardent desire I have to see him that I have not delayed a moment to express it.... The crisis is most important.... The temper of the people in this state ... is so violent and outrageous that I wish to converse with General Marshall and yourself on the elections which must soon come."[857]Washington says that when his visitors arrive the matter of the fictitious Langhorne letter will also be taken up "and we will let General Marshall into the whole business and advise with him thereon."[858]

To Mount Vernon, therefore, Marshall and hiscompanion journeyed on horseback. For convenience in traveling, they had put their clothing in the same pair of saddle-bags. They arrived in a heavy rain and were "drenched to the skin." Unlocking the saddle-bags, the first article they took out was a black bottle of whiskey. With great hilarity each charged this to be the property of the other. Then came a thick twist of tobacco, some corn bread, and finally the worn apparel of wagoners; at some tavern on the way their saddle-bags had become exchanged for those of drivers. The rough clothes were grotesque misfits; and when, clad in these, his guests presented themselves, Washington, roaring with laughter, expressed his sympathy for the wagoners when they, in turn, discovered the exchange they had made with the lawyers.[859]In such fashion began the conference that ended in John Marshall's candidacy for Congress in the vital campaign of 1798-99.

This was the first time, so far as is known, that Marshall had visited Washington at his Potomac home. No other guest except Washington's nephew seems to have been present at this conference, so decisive of Marshall's future. The time was September, 1798, and the conversations were held on the broad piazza,[860]looking out upon the river, with the new Capitol almost within sight. There, for "four or five days," his old commander used all his influence to induce Marshall to become the Federalist candidate.

"General Washington urged the importance of the crisis," writes Marshall in describing the circumstance; "every man," insisted Washington, "who could contribute to the success of sound opinions was required by the most sacred duty to offer his services to the public." Marshall doubted his "ability to do any good. I told him that I had made large pecuniary engagements which required close attention to my profession and which would distress me should the emoluments derived from it be abandoned."

Marshall told of his promise to the Federalist candidate who was then making his campaign for election. Washington declared that this candidate still would withdraw in Marshall's favor; but Marshall remained unshaken. Finally Washington gave his own conduct as an example. Marshall thus describes the final appeal which his old leader made to him: "He had withdrawn from office with a declaration of his determination never again, under any circumstances, to enter public life. No man could be more sincere in making that declaration, nor could any man feel stronger motives for adhering to it. No man could make a stronger sacrifice than he did in breaking a resolution, thus publicly made, and which he had believed to be unalterable. Yet I saw him," continues Marshall, "in opposition to his public declaration, in opposition to his private feelings, consenting, under a sense of duty, to surrender the sweets of retirement, and again to enter the most arduous and perilous station which an individual could fill. My resolution yielded to this representation."[861]

There is a tradition that, at one point in the conference, Marshall, becoming offended by Washington's insistence, which, runs the story, took the form of a peremptory and angrily expressed command, determined to leave so early in the morning that his host would have no opportunity to press the matter further; but, Washington noting Marshall's irritation and anticipating his purpose, was on the piazza when his departing guest appeared at dawn, and there made the final appeal which won Marshall's reluctant consent.

Marshall felt that he was making a heavy personal sacrifice; it meant to him the possible loss of the Fairfax estate. As we have seen, he had just declined appointment to the Supreme Bench[862]for this very reason, and this place later was given to Bushrod Washington, largely on Marshall's advice.[863]Adams had been reluctant to give Marshall up as one of the Associate Justices of the Supreme Court; "General Marshall or Bushrod Washington will succeed Judge Wilson," wrote the President to his Secretary of State[864]nearly three months after the first tender of the place to Marshall in Philadelphia. Later on the President again returned to Marshall.

"I still think that General Marshall ought to be preferred," he wrote. "Of the three envoys, the conduct of Marshall alone has been entirely satisfactory, and ought to be marked by the most decided approbation of the public. He has raised theAmerican people in their own esteem, and, if the influence of truth and justice, reason and argument is not lost in Europe, he has raised the consideration of the United States in that quarter of the world.... If Mr. Marshall should decline, I should next think of Mr. [Bushrod] Washington."[865]

Washington's appeal to Marshall's patriotism and sense of duty, however, outbalanced the weighty financial reasons which decided him against becoming an Associate Justice of the Supreme Court. Thus, against his desire, he found himself once more in the hurly-burly of partisan politics. But this time the fight which he was forced to lead was to be desperate, indeed.

The moment Marshall announced his candidacy he became the center of Republican attack in Virginia. The virulence of the campaign against him was so great that it has become a tradition; and while scarcely any of the personal assaults, which appeared in print, are extant, they are known to have been ruthless, and utterly unrestrained both as to the charges made and the language used in making them.

In his scurrilous review of Adams's Administration, which Adams properly denounced as "a Mass of Lyes from the first page to the last,"[866]John Wood repeats the substance of some of the attacks which, undoubtedly, were launched against Marshall in this bitter political conflict. "John Marshall," says Wood, "was an improper character in severalrespects; his principles of aristocracy were well known. Talleyrand, when in America, knew that this man was regarded as a royalist and not as a republican, and that he was abhorred by most honest characters."[867]

The abuse must have been very harsh and unjust; for Marshall, who seldom gave way to resentment, complained to Pickering with uncharacteristic temper. "The whole malignancy of Anti-federalism," he writes, "not only in the district, where it unfortunately is but too abundant, but throughout the State, has become uncommonly active and considers itself as peculiarly interested in the reëlection of the old member [Clopton].

"The Jacobin presses, which abound with us and only circulate within the State, teem with publications of which the object is to poison still further the public opinion and which are level'd particularly at me. Anything written by me on the subject of French affairs wou'd be ascrib'd to me, whether it appear'd with or without my signature and wou'd whet and sharpen up the sting of every abusive scribbler who had vanity enough to think himself a writer because he cou'd bestow personal abuse and cou'd say things as malignant as they are ill founded."[868]

The publication of the American envoys' dispatches from France, which had put new life into the Federalist Party, had also armed that decaying organization with enough strength to enact the most imprudent measures that its infatuated leaders ever devised. During June and July, 1798, they had succeeded in driving through Congress the famous Alien and Sedition Laws.[869]

The Alien Act authorized the President to order out of the country all aliens whom he thought "dangerous" or "suspected" of any "treasonable or secret machination against the government" on pain of imprisonment not to exceed three years and of being forever afterwards incapacitated from becoming citizens of the United States. But if the alien could prove to the satisfaction of the President that he was not dangerous, a presidential "license" might be granted, permitting the alien to remain in the United States as long as the President saw fit and in such place as he might designate. If any expelled alien returned without permission he was to be imprisoned as long as the President thought "the public safety may require."

The Sedition Act provided penalties for the crime of unlawful combination and conspiracy against the Government;[870]a fine not exceeding two thousand dollars and imprisonment not exceeding two yearsfor any person who should write, print, publish, or speak anything "false, scandalous and malicious" against the Government, either House of Congress, or the President "with intent to defame" the Government, Congress, or the President, or "to bring them or either of them into contempt or disrepute; or to excite against them or either or any of them the hatred of the good people of the United States, or to stir up sedition within the United States."

When Jefferson first heard of this proposed stupid legislation, he did not object to it, even in his intimate letters to his lieutenant Madison.[871]Later, however, he became the most ferocious of its assailants. Hamilton, on the other hand, saw the danger in the Sedition Bill the moment a copy reached him: "There are provisions in this bill ... highly exceptionable," he wrote. "I hope sincerely the thing may not be hurried through. Let us not establish a tyranny. Energy is a very different thing from violence."[872]When Madison got the first inkling of the Alien Bill, he wrote to Jefferson that it "is a monster that must forever disgrace its parents."[873]

As soon as the country learned what the Alien and Sedition Laws contained, the reaction against the Federalist Party began. In vain did the Federalists plead to the people, as they had urged in the debate in Congress, that these laws were justified by events; in vain did they point out the presence in America oflarge numbers of foreigners who were active and bitter against the American Government; in vain did they read to citizens the abuse published in newspapers against the Administration and cite the fact that the editors of these libelous sheets were aliens.[874]

The popular heart and instinct were against these crowning blunders of Federalism. Although the patriotic wave started by Marshall's return and the X. Y. Z. disclosures was still running strong, a more powerful counter-current was rising. "Liberty of the press," "freedom of speech," "trial by jury" at once became the watchwords and war-cries of Republicanism. On the hustings, in the newspapers, at the taverns, the Alien and Sedition Laws were denounced as unconstitutional—they were null and void—no man, much less any State, should obey or respect them.

The Alien Law, said its opponents, merged the Judicial and the Executive Departments, which the Constitution guaranteed should be separate and distinct; the Sedition Act denied freedom of speech, with which the Constitution expressly forbade Congress to interfere; both struck at the very heart of liberty—so went the Republican argument and appeal.[875]

In addition to their solid objections, the Republicans made delirious prophecies. The Alien and Sedition Laws were, they asserted, the beginning of monarchy, the foundation of absolutism. The fervid Jefferson indulged, to his heart's content, in these grotesque predictions: "The alien & sedition laws are working hard," declared the great Republican. Indeed, he thought them only "an experiment on the American mind to see how far it will bear an avowed violation of the constitution. If this goes down, we shall immediately see attempted another act of Congress declaring that the President shall continue in office during life, reserving to another occasion the transfer of the succession to his heirs, and the establishment of the Senate for life.... That these things are in contemplation, I have no doubt; nor can I be confident of their failure, after the dupery of which our countrymen have shewn themselves susceptible."[876]

Washington was almost as extravagant on the other side. When an opponent of the Alien and Sedition Acts asked him for his opinion of them, he advised his questioner to read the opposing arguments "and consider to what lengths a certain description of men in our country have already driven and seem resolved further to drive matters" and then decide whether these laws are not necessary, against those "who acknowledge no allegiance to this country, and in many instances are sent among us ... for the express purpose of poisoning the minds of our people,—and to sow dissensions among them, in order to alienate their affections from the government of their choice, thereby endeavoring to dissolve the Union."[877]

Washington thought that the ferocious Republican attack on the Alien and Sedition Laws was but a cunning maneuver of politicians, and this, indeed, for the moment at least, seems to have been the case. "The Alien and Sedition Laws are now the desiderata of the Opposition.... But any thing else would have done,—and something there will always be, for them to torture; and to disturb the public mind with their unfounded and ill favored forebodings" was his pessimistic judgment.[878]

He sent "to General Marshall Judge Addison's charge to the grand juries of the county courts of the Fifth Circuit of the State of Pennsylvania.... This charge is on the liberty of speech and of the press and is a justification of the sedition and alien laws. But," wrote Washington, "I do not believe that ... it ... or ... any other writing will produce the least change in the conduct of the leaders of the opposition to the measures of the general government. They have points to carry from which no reasoning, no consistency of conduct, no absurdity can divert them. If, however, such writings should produce conviction in the mind of those who have hitherto placed faith in their assertions, it will be a fortunate event for this country."[879]

Marshall had spoken in the same vein soon after his arrival at Richmond. "The people ... are pretty right as it respects France," he reports to the Secretary of State. The Republican criticisms of the X. Y. Z. mission "make so little impression that I believe France will be given up and the attack upon the government will be supported by the alien and sedition laws. I am extremely sorry to observe that here they are more successful and that these two laws, especially the sedition bill, are viewed by a great many well meaning men, as unwarranted by the constitution.

"I am entirely persuaded that with many the hate of Government of our country is implacable and that if these bills did not exist the same clamor would be made by them on some other account, but," truthfully and judicially writes Marshall, "there are also many who are guided by very different motives, and who tho' less noisy in their complaints are seriously uneasy on this subject."[880]

The Republicans pressed Marshall particularly hard on the Alien and Sedition Laws, but he found a way to answer. Within a few days after he had become the Federalist candidate, an anonymous writer, signing himself "Freeholder," published in the Richmond newspapers an open letter to Marshall asking him whether he was for the Constitution; whether the welfare of America depended on a foreign alliance; whether a closer connection with Great Britain was desirable; whether the Administration'sconduct toward France was wise; and, above all, whether Marshall was "an advocate of the alien and sedition bills or in the event of your election will you use your influence to obtain a repeal of these laws?"

In printing Marshall's answers to "Freeholder," the "Times and Virginia Advertiser" of Alexandria remarked: "Mr. John Marshall has offered as a candidate for a representative in the next Congress. He has already begun his electioneering campaign. The following are answers to some queries proposed to him. Whether the queries were propounded with a view of discovering his real sentiments, or whether they were published by one of his friends to serve electioneering purposes, is immaterial:—The principles Mr. Marshall professes to possess are such as influence the conduct of every real American."[881]

A week later Marshall published his answers. "Every citizen," says he, "has a right to know the political sentiments of a candidate"; and besides, the candidate wishes everybody to know his "real principles" and not "attribute" to him "those with which active calumny has ... aspersed" him. In this spirit Marshall answers that "in heart and sentiment, as well as by birth and interest," he is "an American; attached to the ... Constitution ... which will preserve us if we support it firmly."

He is, he asserts, against any alliance, "offensive or defensive," with Great Britain or "any closer connection with that nation than already exists....No man in existence is more decidedly opposed to such an alliance or more fully convinced of the evils that would result from it." Marshall declares that he is for American neutrality in foreign wars; and cites his memorial to Talleyrand as stating his views on this subject.

"The whole of my politics respecting foreign nations, are reducible to this single position: ... Commercial intercourse with all, but political ties with none ... buy as cheap and sell as dear as possible ... never connect ourselves politically with any nation whatever."

He disclaims the right to speak for the Administration, but believes it to have the same principles. If France, while at war with Great Britain, should also make war on America, "it would be madness and folly" not to secure the "aid of the British fleets to prevent our being invaded"; but, not even for that, would he "make such a sacrifice as ... we should make by forming a permanent political connection with ... any nation on earth."

Marshall says that he believes the Administration's policy as regards France to have been correct, and necessary to the maintenance "of the neutrality and independence of our country." Peace with France was not possible "without sacrificing those great objects," for "the primary object of France is ... dominion over others." The French accomplish this purpose by "immense armies on their part and divisions among ... those whom they wish to subdue."

Marshall declares that he is "not an advocate ofthe Alien and Sedition Bills," and, had he been in Congress, "certainly would have opposed them," although he does not "think them fraught with all those mischiefs ascribed to them." But he thinks them "useless ... calculated to create unnecessary discontents and jealousies"; and that, too, "at a time when our very existence as a nation may depend on our union."

He believes that those detested laws "would never have been enacted" if they had been opposed on these principles by a man not suspected of intending to destroy the government or being hostile to it." The effort to repeal them "will be made before he can become a member of Congress"; if it fails and is renewed after he takes his seat, he "will obey the voice of his constituents." He thinks, however, it will be unwise to revive the Alien and Sedition Acts which are, by their own terms, about to expire; and Marshall pledges that he will "indisputably oppose their revival."[882]

Upon Marshall as their favorite candidate for Congress, the eyes of the Federalist leaders in other States were focused. They were particularly anxious and uncertain as to his stand on the Alien and Sedition Laws; for he seems to have privately expressed, while in Philadelphia on his return from France, a mild disapproval of the wisdom and political expediency of this absurd legislation. His answers to "Freeholder" were therefore published everywhere. When the New England Federalists read them in the "Columbian Centinel" of Saturday, October 20, most of them were as hot against Marshall as were the rabid Virginia Republicans.

Ames whetted his rhetoric to razor edge and slashed without mercy. He describes Republican dismay when Marshall's dispatches were published: "The wretches [Republicans] looked round, like Milton's devils when first recovering from the stunning force of their fall from Heaven, to see what new ground they could take." They chose, says Ames, "the alien and sedition bills, and the land tax" with which to arouse discontent and revive their party. So "the implacable foes of the Constitution—foes before it was made, while it was making, and since—became full of tender fears lest it should be violated by the alien and sedition laws."

The Federalists, complained Ames, "are forever hazarding the cause by heedless and rash concessions. John Marshall, with all his honors in blossom and bearing fruit, answers some newspaper queries unfavorably to these laws.... No correct man,—no incorrect man, even,—whose affections and feelings are wedded to the government, would give his name to the base opposers of the law.... This he has done. Excuses may palliate,—future zeal in the cause may partially atone,—but his character is done for.... Like a man who in battle receives an ounce ball in his body—it may heal, it lies toodeep to be extracted.... There let it lie. False Federalists, or such as act wrong from false fears, should be dealt hardly by, if I were Jupiter Tonans.... The moderates [like Marshall] are the meanest of cowards, the falsest of hypocrites."[883]Theodore Sedgwick declared that Marshall's "mysterious & unpardonable" conduct had aided "french villainy" and that he had "degraded himself by a mean & paltry electioneering trick."[884]

At first, the Republicans praised Marshall's stand; and this made the New England Federalists frantic. Cabot, alone, defended Marshall in the press, although not over his own name and only as a matter of party tactics. He procured some one to write to the "Columbian Centinel" under the name of "A Yankee Freeholder." This contributor tried to explain away Marshall's offense.

"General Marshall is a citizen too eminent for his talents, his virtues and his public services, to merit so severe a punishment as to [receive the] applause of disorganizers [Republicans]." He should be saved from the "admiration of theseditious"—that much was due to Marshall's "spirit, firmness and eloquence" in the contest with "the Despots ofFrance." As "drowning men would catch at straws" so "the eagle-eyed and disheartened sons of faction" had "with forlorn and desperate ... avidity ... seized on" Marshall's answers to "Freeholder."

And no wonder; for "evengood menhave stoodappalled, at observing a man whom they so highly venerate soliciting votes at the expense of principles which they deem sacred and inviolable." "Yankee Freeholder" therefore proposes "to vindicate GeneralMarshall."

Marshall was the only Richmond Federalist who could be elected; he "patriotically" had consented to run only because of "the situation and danger of his country at this moment." Therefore "it was absolutely necessary to take all the ordinary steps" to succeed. This "may appear extraordinary ... to those who are only acquainted with the delicacy ofNew Englandelections wherepersonalsolicitation is the Death-warrant to success"; but it was "not only pardonable but necessary ... in the Southern States."

"Yankee Freeholder" reminded his readers that "Calumny had assailed GeneralMarshall, in common with other men of merit." Virginia newspapers had "slandered him"; politicians had called him "Aristocrat,Tory, andBritish Agent. All this abuse ... would infallibly have rendered him popular inNew-England"—but not so in "Virginia," where there were "too many ignorant, ill-informed and inflamed minds."

Therefore, "it became necessary that GeneralMarshallshould explicitly exhibit his political creed." After all, his answers to "Freeholder" were not so bad—he did not assail the constitutionality of the Alien and Sedition Laws. "If Gen.Marshallthought them unconstitutional or dangerous to liberty, would he" be content merely to say they wereunnecessary? "Would a man of GeneralMarshall'sforce of reasoning, simply denominatelaws useless," if he thought them unconstitutional? "No—the idea is too absurd to be indulged.... Time and GeneralMarshall'sconduct will hereafter prove that I am not mistaken in my opinion of his sentiments."[885]

Cabot's strategy had little effect on New England, which appeared to dislike Virginia with a curious intolerance. The Essex County politician, nevertheless, stood by his guns; and six months later thus reassures King: "I am ready to join you as well as Ames in reprobating the publication of Marshall's sentiments on the Sedition & Alien Acts, but I stilladhereto my first opinion that Marshall ought not to be attacked in the Newspapers, nor too severely condemned anywhere, because Marshall has not yet learned his whole lesson, but has a mind & disposition which can hardly fail to make him presently an accomplished (political) Scholar & a very useful man.

"Some allowance too should be made," contends Cabot, "for the influence of the Atmosphere of Virginia which doubtless makes every one who breathes it visionary &, upon the subject of Free Govt., incredibly credulous; but it is certain that Marshall at Phila. would become a most powerful auxiliary to the cause of order & good Govt., &thereforewe ought not to diminish his fame which wou'd ultimately be a loss to ourselves."[886]

The experienced practical politician, Sedgwick, correctly judged that "Freeholder's" questions to Marshall and Marshall's answers were an "electioneering trick." But Pickering stoutly defended Marshall upon this charge. "I have not met with one good federalist, who does not regret his answers to the Freeholder; but I am sorry that it should be imagined to be an 'electioneering trick.'... General Marshall is incapable of doing a dishonorable act." Only Marshall's patriotism had induced him to accept the French mission, said the Secretary of State.[887]Nothing but "the urging of friends ... overcame his reluctance to come to Congress.... A man of untainted honor," had informed Pickering that "Marshall is aSterling fellow."[888]

The Federalists' complaints of him continued to be so strong and widespread, however, that they even reached our legations in Europe: "I too have lamented that John Marshall, after such a mission particularly, should lend himself thus against a law which the French Jacobinism in the United States had forced government to adopt. M[arshall]before, was not, that we ever heard of, one of us."[889]

Toward the end of October Marshall gives his private opinion of the Virginia Republicans and their real motives, and foretells the Virginia Resolutions. "The real french party of this countryagain begins to show itself," he writes. "There are very many indeed in this part of Virginia who speak of our own government as an enemy infinitely more formidable and infinitely more to be guarded against than the French Directory. Immense efforts are made to induce the legislature of the state which will meet in Dec'r to take some violent measure which may be attended with serious consequences. I am not sure that these efforts will entirely fail. It requires to be in this part of Virginia to know the degree of irritation which has been excited and the probable extent of the views of those who excite it."[890]

The most decent of the attacks on Marshall were contained in a series of open letters first published in the "Aurora"[891]and signed "Curtius."

"You have long been regarded," writes Curtius, "as the leader of that party in this State" which has tried "by audacious efforts to erect a monarchy or aristocracy upon the ruins of our free constitution. The energy of your mind and the violence of your zeal have exalted you to this bad eminence." If you had "employed your talents in defense of the people ... your history would have been read in a nation's eyes."

"The publication of your dispatches and the happy exercise of diplomatic skill has produced a momentary delusion and infatuation in which an opposition to the administration is confounded with hostility to the government and treason to the country.... The execrations and yells against Frenchcruelty and French ambition, are incessantly kept up by the hirelings of Great Britain and the enemies of liberty."

But, he cries, "the vengeance of an oppressed and insulted people is almost as terrible as the wrath of Heaven"; and, like a true partisan, Curtius predicts that this is about to fall on Marshall. Why, he asks, is Marshall so vague on the constitutionality of the Alien and Sedition Laws?[892]"Notwithstanding the magnitude ... of your talents, you are ridiculously awkward in the arts of dissimulation and hypocrisy.... It is painful to attack ... a man whose talents are splendid and whose private character is amiable"; but "sacred duties ... to the cause of truth and liberty require it." Alas for Marshall! "You have lost forever," Curtius assures him, "the affection of a nation and the applause of a world. In vain will you pursue the thorny and rugged path that leads to fame."[893]

But while "monarchist," "aristocrat," "Britishagent," "enemy of free speech," "destroyer of trial by jury" were among the more moderate epithets that filled the air from Republican lips; and "anarchist," "Frenchman," "traitor," "foe of law and order," "hater of government" were the milder of the counter-blasts from the Federalists, all this was too general, scattered, and ineffective to suit the leader of the Republican Party. Jefferson saw that the growing popular rage against the Alien and Sedition Laws must be gathered into one or two concentrated thunderbolts and thus hurled at the heads of the already quaking Federalists.

How to do it was the question to which Jefferson searched for an answer. It came from the bravest, most consistent, most unselfish, as well as one of the very ablest of Republicans, John Taylor "of Caroline," Virginia. In a letter to Jefferson concerning the Alien and Sedition Laws, this eminent and disinterested radical suggested that "the right of the State governments to expound the constitutionmight possibly be made the basis of a movement towards its amendment. If this is insufficient the people in state conventions are incontrovertibly the contracting parties and, possessing the infringing rights, may proceed by orderly steps to attain the object."[894]

So was planted in Jefferson's mind the philosophy of secession. In that fertile and receptive soil it grew with magic rapidity and bore fatal fruit. Within two months after he received Taylor's letter, Jefferson wrote the historic resolutions which produced a situation that, a few years afterward, called forth Marshall's first great constitutional opinion, and, not many decades later, gave the battle-cry that rallied heroic thousands to armed resistance to the National Government.[895]On October 5, 1798, Nicholas writes Jefferson that he has delivered to "Mr. John Breckenridge a copy of the resolutions that you sent me."[896]They were passed by the Legislature of Kentucky on November 14, 1798; and the tremendous conflict between Nationality and States' Rights, which for so long had been preparing, at last was formally begun.[897]Jefferson's "Kentucky Resolutions" declared that parts of the Alien and Sedition Laws were "altogether void and of no effect."[898]Thus a Stateasserted the "right" of any or all States to annul and overthrow a National law.

Back to Index Next