FOOTNOTES:

Then, with quick, bold strokes, he lays the finalcolor on his picture of the state of the country before the new government was established, and darkens the tints of his portrayal of those who were opposing the Constitution and were still its enemies. In swift contrast he paints the beginnings of better times, produced by the establishment of the new National Government: "The new course of thinking which had been inspired by the adoption of a constitution that was understood to prohibit all laws impairing the obligation of contracts, had in a great measure restored that confidence which is essential to the internal prosperity of nations."[718]

He sets out adequately the debates over the first laws passed by Congress,[719]and is generous in his description of the characters and careers of both Jefferson and Hamilton when they accepted places in Washington's first Cabinet.[720]He joyfully quotes Washington's second speech to Congress, in which he declares that "to be prepared for war is one of the most effectual means of preserving peace"; and in which the people are adjured "to discriminate the spirit of liberty from that of licentiousness."[721]

An analysis of Hamilton's First Report on thePublic Credit follows. The measures flowing from it "originated the first regular and systematic opposition to the principles on which the affairs of the union were administered."[722]In condensing the momentous debate over the establishment of the American financial system, Marshall gives an excellent summary of the arguments on both sides of that controversy. He states those of the Nationalists, however, more fully than the arguments of those who opposed Hamilton's plan.[723]

While attributing to Hamilton's financial measures most of the credit for improved conditions, Marshall frankly admits that other causes contributed to the new-found prosperity: By "progressive industry, ... the influence of the constitution on habits of thinking and acting," and especially by "depriving the states of the power to impair the obligation of contracts, or to make any thing but gold and silver a tender in payment of debts, the conviction was impressed on that portion of society which had looked to the government for relief from embarrassment, that personal exertions alone could free them from difficulties; and an increased degree of industry and economy was the natural consequence."[724]

Perhaps the most colorful pages of Marshall's entire work are those in which he describes the effect of the French Revolution on America, and the popular hostility to Washington's Proclamation of Neutrality[725]and to the treaty with Great Britain negotiated by John Jay.[726]

In his treatment of these subjects he reveals some of the sources of his distrust of the people. The rupture between the United States and the French Republic is summarized most inadequately. The greatest of Washington's state papers, the immortal "Farewell Address,"[727]is reproduced in full. The account of the X. Y. Z. mission is provokingly incomplete; that of American preparations for war with France is less disappointing. Washington's illness and death are described with feeling, though in stilted language; and Marshall closes his literary labors with the conventional analysis of Washington's character which the world has since accepted.[728]

Marshall's fifth volume was received with delight by the disgruntled Federalist leaders. A letter of Chancellor James Kent is typical of their comments. "I have just finished ... the last Vol. of Washington's Life and it is worth all the rest. It is an excellent History of the Government and Parties in this country from Vol. 3 to the death of the General."[729]

Although it had appeared too late to do them any harm at the election of 1804, the Republicans and Jefferson felt outraged by Marshall's history of the foundation period of the Government. Jefferson said nothing for a time, but the matter was seldom out of his thoughts. Barlow, it seems, had been laggard in writing a history from the Republican point of view, as Jefferson had urged him to do.

Three years had passed since the request had been made, and Barlow was leaving for Paris upon his diplomatic mission. Jefferson writes his congratulations, "yet ... not unmixed with regret. What is to become of our past revolutionary history? Of the antidotes of truth to the misrepresentations of Marshall?"[730]

Time did not lessen Jefferson's bitterness: "Marshall has written libels on one side,"[731]he writes Adams, with whom a correspondence is opening, the approach of old age having begun to restore good relations between these former enemies. Jefferson's mind dwells on Marshall's work with increasing anxiety: "On the subject of the history of the American Revolution ... who can write it?" he asks. He speaks of Botta's "History,"[732]criticizing its defects; but he concludes that "the work is nevertheless a good one, more judicious, more chaste, more classical, and more true than the party diatribe of Marshall. Its greatest fault is in having taken too much from him."[733]

Marshall's "party diatribe" clung like a burr in Jefferson's mind and increased his irritation with the passing of the years. Fourteen years after Marshall's last volume appeared, Justice William Johnson of the Supreme Court published an account of theperiod[734]covered by Marshall's work, and it was severely criticized in theNorth American Review. Jefferson cheers the despondent author and praises his "inestimable" history: "Let me ... implore you, dear Sir, to finish your history of parties.... We have been too careless of our future reputation, while our tories will omit nothing to place us in the wrong." For example, Marshall's "Washington," that "five-volumed libel, ... represents us as struggling for office, and not at all to prevent our government from being administered into a monarchy."[735]

In his long introduction to the "Anas," Jefferson explains that he would not have thought many of his notes "worth preserving but for their testimony against the only history of that period which pretends to have been compiled from authentic and unpublished documents." Had Washington himself written a narrative of his times from the materials he possessed, it would, of course, have been truthful: "But the party feeling of his biographer, to whom after his death the collection was confided, has culled from it a composition as different from what Genl. Washington would have offered, as was the candor of the two characters during the period of the war.

"The partiality of this pen is displayed in lavishments of praise on certain military characters, who had done nothing military, but who afterwards,& before he wrote, had become heroes in party, altho' not in war; and in his reserve on the merits of others, who rendered signal services indeed, but did not earn his praise by apostatising in peace from the republican principles for which they had fought in war."

Marshall's frigidity toward liberty "shews itself too," Jefferson continues, "in the cold indifference with which a struggle for the most animating of human objects is narrated. No act of heroism ever kindles in the mind of this writer a single aspiration in favor of the holy cause which inspired the bosom, & nerved the arm of the patriot warrior. No gloom of events, no lowering of prospects ever excites a fear for the issue of a contest which was to change the condition of man over the civilized globe.

"The sufferings inflicted on endeavors to vindicate the rights of humanity are related with all the frigid insensibility with which a monk would have contemplated the victims of anauto da fé. Let no man believe that Gen. Washington ever intended that his papers should be used for the suicide of the cause, for which he had lived, and for which there never was a moment in which he would not have died."

Marshall's "abuse of these materials," Jefferson charges, "is chiefly however manifested in the history of the period immediately following the establishment of the present constitution; and nearly with that my memorandums [the "Anas"] begin. Were a reader of this period to form his idea of it from this history alone, he would suppose the republican party (who were in truth endeavoring tokeep the government within the line of the Constitution, and prevent it's being monarchised in practice) were a mere set of grumblers, and disorganisers, satisfied with no government, without fixed principles of any, and, like a British parliamentary opposition, gaping after loaves and fishes, and ready to change principles, as well as position, at any time, with their adversaries."[736]

Jefferson denounces Hamilton and his followers as "monarchists," "corruptionists," and other favorite Jeffersonian epithets, and Marshall is again assailed: "The horrors of the French revolution, then raging, aided them mainly, and using that as a raw head and bloody bones they were enabled by their stratagems of X. Y. Z. in which this historian was a leading mountebank, their tales of tub-plots, Ocean massacres, bloody buoys, and pulpit lyings, and slanderings, and maniacal ravings of their Gardiners, their Osgoods and Parishes, to spread alarm into all but the firmest breasts."[737]

Criticisms of Marshall's "Life of Washington" were not, however, confined to Jefferson and the Republicans. Plumer thought the plan of the work "preposterous."[738]The Reverend Samuel Cooper Thatcher of Boston reviewed the biography through three numbers of theMonthly Anthology.[739]"Everyreader is surprized to find," writes Mr. Thatcher, "the history of North America, instead of the life of an individual.... He [Washington] is always presented ... in the pomp of the military or civil costume, and never in the ease and undress of private life." However, he considers Marshall's fifth volume excellent. "We have not heard of a single denial of his fidelity.... In this respect ... his work [is]uniquein the annals of political history."

Thatcher concludes that Marshall's just and balanced treatment of his subject is not due to a care for his own reputation: "We are all so full of agitation and effervescence on political topicks, that a man, who keeps his temper, can hardly gain a hearing." Indeed, he complains of Marshall's fairness: he writes as a spectator, instead of as "one, who has himself descended into the arena ... and is yet red with the wounds which he gave, and smarting with those which his enemies inflicted in return"; but the reviewer charges that these volumes are full of "barbarisms" and "grammatical impurities," "newspaper slang," and "unmeaning verbiage."

The Reverend Timothy Flint thought that Marshall's work displayed more intellect and labor than "eloquence and interest."[740]George Bancroft, reviewing Sparks's "Washington," declared that "all that is contained in Marshall is meagre and incomplete in comparison."[741]Even the British critics were not so harsh as theNew York Evening Post, which pronounced the judgment that if the biography "bearsany traces of its author's uncommon powers of mind, it is in the depths of dulness which he explored."[742]

The British critics were, of course, unsparing. TheEdinburgh Reviewcalled Marshall's work "unpardonably deficient in all that constitutes the soul and charm of biography.... We look in vain, through these stiff and countless pages, for any sketch or anecdote that might fix a distinguishing feature of private character in the memory.... What seemed to pass with him for dignity, will, by his reader, be pronounced dullness and frigidity."[743]Blackwood's Magazineasserted that Marshall's "Life of Washington" was "a great, heavy book.... One gets tired and sick of the very name of Washington before he gets half through these ... prodigious ... octavos."[744]

Marshall was somewhat compensated for the criticisms of his work by an event which soon followed the publication of his last volume. On August 29, 1809, he was elected a corresponding member of the Massachusetts Historical Society. In a singularly graceful letter to John Eliot, corresponding secretary of the Society at that time, Marshall expresses his thanks and appreciation.[745]

As long as he lived, Marshall worried over his biography of Washington. When anybody praised it,he was as appreciative as a child. In 1827, Archibald D. Murphey eulogized Marshall's volumes in an oration, a copy of which he sent to the Chief Justice, who thanks Murphey, and adds: "That work was hurried into a world with too much precipitation, but I have lately given it a careful examination and correction. Should another edition appear, it will be less fatiguing, and more worthy of the character which the biographer of Washington ought to sustain."[746]

Toilsomely he kept at his self-imposed task of revision. In 1816, Bushrod Washington wrote Wayne to send Marshall "the last three volumes in sheets (the two first he has) that he may devote this winter to their correction."[747]

When, five years later, the Chief Justice learned that Wayne was actually considering the risk of bringing out a new edition, Marshall's delight was unbounded. "It is one of the most desirable objects I have in this life to publish a corrected edition of that work. I would not on any terms, could I prevent it, consent that one other set of the first edition should be published."[748]

Finally, in 1832, the revised biography was published. Marshall clung to the first volume, which was issued separately under the title "History of the American Colonies." The remaining four volumes were, seemingly, reduced to two; but they were so closely printed and in such comparatively smalltype that the real condensation was far less than it appeared to be. The work was greatly improved, however, and is to this day the fullest and most trustworthy treatment of that period, from the conservative point of view.[749]

Fortunately for Marshall, the work required of him on the Bench gave him ample leisure to devote to his literary venture. During the years he consumed in writing his "Life of Washington" he wrote fifty-six opinions in cases decided in the Circuit Court at Richmond, and in twenty-seven cases determined by the Supreme Court. Only four of them[750]are of more than casual interest, and but three of them[751]are of any historical consequence. All the others deal with commercial law, practice, rules of evidence, and other familiar legal questions. In only one case, that of Marburyvs.Madison, was he called upon to deliver an opinion that affected the institutions and development of the Nation.

FOOTNOTES:[592]See vol.ii, 210-12, of this work.[593]Seeinfra; also vol.ii, 211, of this work.[594]Marshall to James M. Marshall, April 1, 1804. MS.[595]Marshall to Peters, Oct. 12, 1815, Peters MSS. Pa. Hist. Soc.[596]Several persons were ambitious to write the life of Washington. David Ramsay and Mason Locke Weems had already done so. Noah Webster was especially keen to undertake the task, and it was unfortunate that he was not chosen to do it.[597]Washington to Wayne, April 11, 1800, Dreer MSS. Pa. Hist. Soc.[598]Ib.[599]Bushrod Washington to Wayne, Dec. 11, 1801, Dreer MSS.loc. cit.[600]Wayne to Bushrod Washington, Dec. 10, 1801, Dreer MSS.loc. cit.[601]Bushrod Washington to Wayne, Dec. 11, 1801, Dreer MSS.loc. cit.[602]The division was to be equal between Marshall and Washington.[603]Bushrod Washington to Wayne, Dec. 11, 1801, Dreer MSS.loc. cit.[604]"Articles of Agreement" between C. P. Wayne and Bushrod Washington, Sept. 22, 1802. (Dreer MSS.loc. cit.) Marshall's name does not appear in the contract, Washington having attended to all purely business details of the transaction.[605]Wayne to Bushrod Washington, May 16, 1802, Dreer MSS.loc. cit.[606]Jefferson to Barlow, May 3, 1802,Works: Ford,ix, 372.[607]The "Anas,"Works: Ford,i, 163-430, seeinfra. The "Anas" was Jefferson's posthumous defense. It was arranged for publication as early as 1818, but was not given to the public until after his death. It first appeared in the edition of Jefferson's works edited by his grandson, Thomas Jefferson Randolph. "It is the most precious mélange of all sorts of scandals you ever read." (Story to Fay, Feb. 5, 1830, Story,ii, 33.)[608]Bushrod Washington to Wayne, Nov. 19, 1802, Dreer MSS.loc. cit.[609]Wayne to Marshall, Feb. 17, 1803, Dreer MSS.loc. cit.[610]Weems is one of the most entertaining characters in American history. He was born in Maryland, and was one of a family of nineteen children. He was educated in London as a physician, but abandoned medicine for the Church, and served for several years as rector of two or three little Episcopal churches in Maryland and ministered occasionally at Pohick Church, in Truro Parish (sometimes called Mount Vernon Parish), Virginia. In this devout occupation he could not earn enough to support his very large family. So he became a professional book agent—the greatest, perhaps, of that useful fraternity.On horseback he went wherever it seemed possible to sell a book, his samples in his saddlebags. He was a natural orator, a born entertainer, an expert violinist; and these gifts he turned to good account in his book-selling activities.If a political meeting was to be held near any place he happened upon, Weems would hurry to it, make a speech, and advertise his wares. A religious gathering was his joy; there he would preach and exhort—and sell books. Did young people assemble for merrymaking, Weems was in his element, and played the fiddle for the dancing. If he arrived at the capital of a State when the Legislature was in session, he would contrive to be invited to address the Solons—and procure their subscriptions.[611]Weems probably knew more of the real life of the country, from Pennsylvania southward, than any other one man; and he thoroughly understood American tastes and characteristics. To this is due the unparalleled success of hisLife of Washington. In addition to this absurd but engaging book, Weems wrote theLife of Gen. Francis Marion(1805); theLife of Benjamin Franklin(1817); and theLife of William Penn(1819). He was also the author of several temperance pamphlets, the most popular of which was theDrunkard's Looking Glass. Weems died in 1825.Weems'sLife of Washingtonstill enjoys a good sale. It has been one of the most widely purchased and read books in our history, and has profoundly influenced the American conception of Washington. To it we owe the grotesque and wholly imaginary stories of young Washington and the cherry tree, the planting of lettuce by his father to prove to the boy the designs of Providence, and other anecdotes that make that intensely human founder of the American Nation an impossible and intolerable prig.The only biography of Weems isParson Weems, by Lawrence C. Wroth, a mere sketch, but trustworthy and entertaining.[612]Weems to Wayne, Dec. 10, 1802, Dreer MSS.loc. cit.[613]Same to same, Dec. 14, 1802, Dreer MSS.loc. cit.[614]Weems to Wayne, Dec. 17, 1802, Dreer MSS.loc. cit.[615]Same to same, Dec. 22, 1802, Dreer MSS.loc. cit.[616]Same to same, April 2, 1803, Dreer MSS.loc. cit.[617]Wayne to Bushrod Washington, Jan. 23, 1803, Dreer MSS.loc. cit.[618]Weems to Wayne, April 8, 1803, Dreer MSS.loc. cit.[619]Same to same, April 18, 1803, Dreer MSS.loc. cit.[620]Bushrod Washington, like the other Federalists, would not call his political opponents by their true party name, Republicans: he styled them "democrats," the most opprobrious term the Federalists could then think of, excepting only the word "Jacobins." (See vol.ii, 439, of this work.)[621]Washington to Wayne, March 1, 1803, Dreer MSS.loc. cit.[622]Same to same. March 23, 1803, Dreer MSS.loc. cit.[623]Wayne to Washington, Oct. 23, 1803, Dreer MSS.loc. cit.An interesting sidelight on the commercial methods of the times is displayed by a circular which Wayne sent to his agents calling for money from subscribers to Marshall'sLife of Washington: "The remittance may be made through the Post Office, and should any danger be apprehended, you can cut a Bank note in two parts and send each by separate mails." (Wayne's Circular, Feb. 17, 1803, Dreer MSS.loc. cit.)[624]This list was published in the first edition. It is a good directory of the most prominent Federalists and of the leading Republican politicians of the time. "T. Jefferson, P.U.S." and each member of his Cabinet subscribed; Marshall himself was a subscriber for his own book, and John C. Calhoun, a student at Yale College at the time, was another. In the cities most of the lawyers took Marshall's book.[625]Wayne to Bushrod Washington, Nov. 3, 1803, Dreer MSS.loc. cit.It would seem from this letter that Marshall and Washington had reduced their lump cash price from $100,000 to $70,000. In stating his expenses, Wayne says that the painter "Gilbert Stuart demanded a handsome sum for the privilege of Engraving from his Original" portrait of Washington.[626]See letter last cited.[627]Wayne to Bushrod Washington, Dec. 16, 1803, Dreer MSS.loc. cit.[628]Marshall to Wayne, Dec. 23, 1803, Dreer MSS.loc. cit.[629]Marshall to Wayne, Jan. 10, 1804, Dreer MSS.loc. cit.[630]Marshall to Bushrod Washington, March 25, 1804, Dreer MSS.loc. cit.[631]Same to same, April, 1804, Dreer MSS.loc. cit.[632]Same to same, April 29, 1804, Dreer MSS.loc. cit.[633]Marshall to Wayne, June 1, 1804, Dreer MSS.loc. cit.[634]Same to same, June 6, 1804, Dreer MSS.loc. cit.[635]Marshall to Wayne, June 10, July 5, July 8, 1804, Dreer MSS.loc. cit.[636]Wayne to Bushrod Washington, Aug. 20, 1804, Dreer MSS.loc. cit.[637]Marshall to Wayne, July 20, 1804, Dreer MSS.loc. cit.[638]Marshall to Wayne, Aug. 10, 1804, Dreer MSS.loc. cit.[639]Literary Magazine and American Register of Philadelphia, July, 1804. The reviewer makes many of the criticisms that appeared on the completion of the biography. (Seeinfra, 261-79.)[640]Wayne to Marshall, Aug. 20, 1804, Dreer MSS.loc. cit.[641]The affair at Little Meadows and the defeat of Braddock. (Marshall:Life of George Washington, 1st ed.i, 356-58, 368-71.)[642]These were: Belknap, Belsham, Chalmers, Dodsley, Entick or Entinck, Gordon, Hutchinson, Minot, Ramsay, Raynal, Robertson, Russell, Smith, Stedman, Stith, Trumbull.[643]For example, Marshall's description of Sir William Berkeley, who was, the reader is informed, "distinguished ... by the mildness of his temper, the gentleness of his manners and ... popular virtues." (Marshall, 1st ed.i, 72.)[644]Ib.188-92; and see vol.i, 6, of this work.[645]Ib.1st ed.i, 86-89.[646]Ib.111-12.[647]Ib.; see Notes, 9-18.[648]Ib.x.[649]Ib.1st ed.ii, 14-20.[650]Ib.67.[651]Marshall, 1st ed.ii, 82-83; and see vol.i, 66, of this work.[652]See vol.i, 74-79, of this work.[653]Marshall, 1st ed.ii, 193.[654]Ib.160-69.[655]Ib.374-75.[656]Ib.377-78.[657]Marshall, 1st ed.ii, 377.[658]Ib.386-89.[659]Ib.390-94.[660]Ib.417-18, 445-46; and see vol.i, 83-86, of this work.[661]Marshall, 1st ed.ii, 259-61.[662]Marshall to Wayne, Aug. 10, 1804, Dreer MSS.loc. cit.[663]Marshall to Wayne from Front Royal, Virginia, Sept. 3, 1804, Dreer MSS.loc. cit.[664]Marshall spent many years preparing this second edition of hisWashington, which appeared in 1832, three years before Marshall's death. Seeinfra, 272-73.[665]Marshall to Wayne, Sept. 8, 1804, Dreer MSS.loc. cit.[666]The amount of this draft is not stated.[667]This would seem to indicate that Wayne had been able to collect payment on the first two volumes, from only two thousand five hundred subscribers, since, by the contract, Marshall and Washington together were to receive one dollar for each book sold.[668]Washington to Wayne, Dec. 25, 1804, Dreer MSS.loc. cit.[669]Same to same, Jan. 15, 1805, Dreer MSSloc. cit.[670]Same to same, Dec. 30, 1804, Dreer MSS.loc. cit.[671]Marshall to Wayne, Feb. 27, 1805, Dreer MSS.loc. cit.[672]Marshall to Wayne, March 16, 1805, Dreer MSS.loc. cit.[673]Same to same, June 29, 1805, Dreer MSS.loc. cit.[674]Wayne to Washington, July 4, 1804, Dreer MSS.loc. cit.[675]Marshall to Wayne, Oct. 5, 1805, Dreer MSS.loc. cit.[676]Washington to Wayne, April 1, 1806, Dreer MSS.loc. cit.It was in this year that the final payments for the Fairfax estate were made and the deed executed to John and James M. Marshall and their brother-in-law Rawleigh Colston. See vol.ii, footnote to 211, and vol.iv, chap.iii, of this work.[677]Same to same, July 14, 1806, Dreer MSS.loc. cit.[678]Weems's orders for books are trustworthy first-hand information concerning the literary tastes of the American people at that time, and the extent of education among the wealthy. Writing from Savannah, Georgia, August, 1806, he asks for "Rippons hymns, Watts Dọ, Newton's Dọ, Methodist Dọ, Davies Sermons, Massillons Dọ, Villiage Dọ, Whitfields Dọ, Fuller [the eminent Baptist divine,] Works, viz. His Gospel its own evidence, Gospel Worthy of all Acceptation, Pilgrim's progress, Baxter's StṣRest, Call to the Unconverted, Alarm, by Allein, Hervey's Works, Rushe's Medical Works; All manner of School Books, Novels by the cart load, particularly Charlotte Temple ... 2 or 300 of Charlotte Temple ... Tom Paines Political Works, Johnson's Poets boundin green or in any handsome garb, particularly Miltons Paradise lost, Tompsons Seasons, Young's N. Thoughts wou'd do well." (Weems to Wayne, Aug. 1806, Dreer MSS.loc. cit.)Another order calls for all the above and also for "Websters Spellgbook, Universal Dọ, Fullers Backslider, Booths reign of Grace, Looking Glass for the mind, Blossoms of Morality, Columbian Orator, Enticks Dictionary, Murrays Grammar, Enfield's Speaker, Best Books on Surveying, Dọon Navigation, Misses Magazine, Vicar of Wakefield, Robinson Crusoe, Divine Songs for Children, Pamela Small." In this letter forty-four different titles are called for.[679]Weems to Wayne, Jan. 28, 1804, and Aug. 25, 1806, Dreer MSS.loc. cit.[680]Same to same, Sept. 20, 1806, Wayne MSS.loc. cit.This letter is written from Augusta, Georgia. Among other books ordered in it, Weems names twelve copies each of "Sallust, Corderius, Eutropius, Nepos, Caesar's Commentaries, Virgil Delph., Horace Delphini, Cicero Dọ, Ovid Dọ"; and nine copies each of "Greek Grammar, DọTestament, Lucian, Xenophon."[681]Marshall,iii, 28-42.[682]See vol.i, 93-98, 102, of this work.[683]Marshall,iii, chaps.iiiandiv.[684]See vol.i, 98-101, of this work.[685]Marshall,iii, 43-48, 52.[686]Ib.319, 330, 341-50; and see vol.i, 110-32, of this work.[687]Marshall,iii, 345, 347-49.[688]Ib.50-53, 62.[689]Marshall,iii, 59. "No species of licentiousness was unpracticed. The plunder and destruction of property was among the least offensive of the injuries sustained." The result "could not fail to equal the most sanguine hopes of the friends of the revolution. A sense of personal wrongs produced a temper, which national considerations had been found too weak to excite.... The great body of the people flew to arms."[690]Ib.20, 22, 24, 27, 386. See also vol.i, 115-16, of this work, and authorities there cited.[691]Marshall,iii, 246-47.[692]Ib.Notes, 4-6.[693]Ib.chap. 8; and see vol.i, 134-38, of this work.[694]Marshall,iii, 366-85.[695]Ib.486-96.[696]See vol.ii, 405, of this work.[697]Marshall,iv, 114-15.[698]Ib.188.[699]Ib.247-65; see vol.i, 143-44, of this work.[700]Marshall,iv, 284-88.[701]Marshall,iv, 530-31.[702]See Jefferson's letter to Barlow,supra.[703]Seesupra, chap.iii, andinfra, chap.vi; and see especially vol.iv, chap.i, of this work.[704]Adams to Marshall, July 17, 1806, MS.This letter is most important. Adams pictures his situation when President: "A first Magistrate of a great Republick with a General officer under him, a Commander in Chief of the Army, who had ten thousand times as much Influence Popularity and Power as himself, and that Commander in Chief so much under the influence of his Second in command [Hamilton], ... the most treacherous, malicious, insolent and revengeful enemy of the first Magistrate is a Picture which may be very delicate and dangerous to draw. But it must be drawn...."There is one fact ... which it will be difficult for posterity to believe, and that is that the measures taken by Senators, Members of the House, some of the heads of departments, and some officers of the Army to force me to appoint General Washington ... proceeded not from any regard to him ... but merely from an intention to employ him as an engine to elevate Hamilton to the head of affairs civil as well as military."[705]He was "accustomed to contemplate America as his country, and to consider ... the interests of the whole." (Marshall,v, 10.)[706]Ib.24-30.[707]Ib.31-32.[708]Ib.33-34.[709]Ib.45-47.[710]Marshall,v, 65.[711]Ib.85-86.[712]Marshall,v, 85-87.[713]Ib.88-89.[714]Marshall,v, 105. Marshall's account of the causes and objects of Shays's Rebellion is given wholly from the ultra-conservative view of that important event. (Ib.123.)[715]Ib.128-29.[716]Ib.132.[717]Ib.133-50.[718]Marshall,v, 178-79. Thus Marshall, writing in 1806, states one of the central principles of the Constitution as he interpreted it from the Bench years later in three of the most important of American judicial opinions—Fletchervs.Peck, Sturgisvs.Crowninshield, and the Dartmouth College case. (Seeinfra, chap.x; also vol.iv, chaps.ivandv, of this work.)[719]Marshall,v, 198-210.[720]Ib.210-13. At this point Marshall is conspicuously, almost ostentatiously impartial, as between Jefferson and Hamilton. His description of the great radical is in terms of praise, almost laudation; the same is true of his analysis of Hamilton's work and character. But he gives free play to his admiration of John Adams. (Ib.219-20.)[721]Ib.230-32.[722]Marshall,v, 241.[723]Ib.243-58.[724]Ib.271.[725]"That system to which the American government afterwards inflexibly adhered, and to which much of the national prosperity is to be ascribed." (Ib.408.)[726]See vol.ii, chaps.itoiv, of this work.[727]Marshall,v, 685-709.[728]Ib.773.[729]James Kent to Moss Kent, July 14, 1807, Kent MSS. Lib. Cong.[730]Jefferson to Barlow, April 16, 1811,Works: Ford,xi, 205.[731]Jefferson to Adams, June 15, 1813,ib.296.[732]Botta:History of the War of the Independence of the United States of America. This work, published in Italian in 1809, was not translated into English until 1820; but in 1812-13 a French edition was brought out, and that is probably the one Jefferson had read.[733]Jefferson to Adams, Aug. 10, 1815,Works: Ford,xi, 485.[734]Johnson:Sketches of the Life and Correspondence of General Nathanael Greene. This biography was even a greater failure than Marshall'sWashington. During this period literary ventures by judges seem to have been doomed.[735]Jefferson to Johnson, March 4, 1823,Works: Ford,xii, 277-78.[736]Works: Ford,i, 165-67.[737]Ib.181-82.[738]Plumer, March 11, 1808, "Diary," Plumer MSS. Lib. Cong.[739]May, June, and August numbers, 1808,Monthly Anthology and Boston Review,v, 259, 322, 434. It appears from the minutes of the Anthology Society, publishers of this periodical, that they had a hard time in finding a person willing to review Marshall's five volumes. Three persons were asked to write the critique and declined. Finally, Mr. Thatcher reluctantly agreed to do the work.[740]Flint, in LondonAthenæumfor 1835, 803.[741]North American Review,xlvi, 483.[742]New York Evening Post, as quoted in Allibone:Dictionary of English Literature and British and American Authors,ii, 1227.[743]Edinburgh Review, Oct. 1808, as quoted in Randall,ii, footnote to 40.[744]Blackwood's Edinburgh Magazine,xvii, 179.[745]Marshall to Eliot, Sept. 20, 1809, MSS. of the Mass. Hist. Soc.[746]Marshall to Murphey, Oct. 6, 1827,Papers of Archibald D. Murphey: Hoyt,i, 365-66.[747]Washington to Wayne, Nov. 26, 1816, Dreer MSS.loc. cit.[748]Marshall to Washington, Dec. 27, 1821, MS.[749]So popular did this second edition become that, three years after Marshall's death, a little volume,The Life of Washington, was published for school-children. The publisher, James Crissy of Philadelphia, states that this small volume is "printed from the author's own manuscript," thus intimating that Marshall had prepared it. (See Marshall, school ed.)[750]Talbotvs.Seeman, United Statesvs.Schooner Peggy, Marburyvs.Madison, and Littlevs.Barreme.[751]The first three in above note.

[592]See vol.ii, 210-12, of this work.

[593]Seeinfra; also vol.ii, 211, of this work.

[594]Marshall to James M. Marshall, April 1, 1804. MS.

[595]Marshall to Peters, Oct. 12, 1815, Peters MSS. Pa. Hist. Soc.

[596]Several persons were ambitious to write the life of Washington. David Ramsay and Mason Locke Weems had already done so. Noah Webster was especially keen to undertake the task, and it was unfortunate that he was not chosen to do it.

[597]Washington to Wayne, April 11, 1800, Dreer MSS. Pa. Hist. Soc.

[598]Ib.

[599]Bushrod Washington to Wayne, Dec. 11, 1801, Dreer MSS.loc. cit.

[600]Wayne to Bushrod Washington, Dec. 10, 1801, Dreer MSS.loc. cit.

[601]Bushrod Washington to Wayne, Dec. 11, 1801, Dreer MSS.loc. cit.

[602]The division was to be equal between Marshall and Washington.

[603]Bushrod Washington to Wayne, Dec. 11, 1801, Dreer MSS.loc. cit.

[604]"Articles of Agreement" between C. P. Wayne and Bushrod Washington, Sept. 22, 1802. (Dreer MSS.loc. cit.) Marshall's name does not appear in the contract, Washington having attended to all purely business details of the transaction.

[605]Wayne to Bushrod Washington, May 16, 1802, Dreer MSS.loc. cit.

[606]Jefferson to Barlow, May 3, 1802,Works: Ford,ix, 372.

[607]The "Anas,"Works: Ford,i, 163-430, seeinfra. The "Anas" was Jefferson's posthumous defense. It was arranged for publication as early as 1818, but was not given to the public until after his death. It first appeared in the edition of Jefferson's works edited by his grandson, Thomas Jefferson Randolph. "It is the most precious mélange of all sorts of scandals you ever read." (Story to Fay, Feb. 5, 1830, Story,ii, 33.)

[608]Bushrod Washington to Wayne, Nov. 19, 1802, Dreer MSS.loc. cit.

[609]Wayne to Marshall, Feb. 17, 1803, Dreer MSS.loc. cit.

[610]Weems is one of the most entertaining characters in American history. He was born in Maryland, and was one of a family of nineteen children. He was educated in London as a physician, but abandoned medicine for the Church, and served for several years as rector of two or three little Episcopal churches in Maryland and ministered occasionally at Pohick Church, in Truro Parish (sometimes called Mount Vernon Parish), Virginia. In this devout occupation he could not earn enough to support his very large family. So he became a professional book agent—the greatest, perhaps, of that useful fraternity.On horseback he went wherever it seemed possible to sell a book, his samples in his saddlebags. He was a natural orator, a born entertainer, an expert violinist; and these gifts he turned to good account in his book-selling activities.If a political meeting was to be held near any place he happened upon, Weems would hurry to it, make a speech, and advertise his wares. A religious gathering was his joy; there he would preach and exhort—and sell books. Did young people assemble for merrymaking, Weems was in his element, and played the fiddle for the dancing. If he arrived at the capital of a State when the Legislature was in session, he would contrive to be invited to address the Solons—and procure their subscriptions.

On horseback he went wherever it seemed possible to sell a book, his samples in his saddlebags. He was a natural orator, a born entertainer, an expert violinist; and these gifts he turned to good account in his book-selling activities.

If a political meeting was to be held near any place he happened upon, Weems would hurry to it, make a speech, and advertise his wares. A religious gathering was his joy; there he would preach and exhort—and sell books. Did young people assemble for merrymaking, Weems was in his element, and played the fiddle for the dancing. If he arrived at the capital of a State when the Legislature was in session, he would contrive to be invited to address the Solons—and procure their subscriptions.

[611]Weems probably knew more of the real life of the country, from Pennsylvania southward, than any other one man; and he thoroughly understood American tastes and characteristics. To this is due the unparalleled success of hisLife of Washington. In addition to this absurd but engaging book, Weems wrote theLife of Gen. Francis Marion(1805); theLife of Benjamin Franklin(1817); and theLife of William Penn(1819). He was also the author of several temperance pamphlets, the most popular of which was theDrunkard's Looking Glass. Weems died in 1825.Weems'sLife of Washingtonstill enjoys a good sale. It has been one of the most widely purchased and read books in our history, and has profoundly influenced the American conception of Washington. To it we owe the grotesque and wholly imaginary stories of young Washington and the cherry tree, the planting of lettuce by his father to prove to the boy the designs of Providence, and other anecdotes that make that intensely human founder of the American Nation an impossible and intolerable prig.The only biography of Weems isParson Weems, by Lawrence C. Wroth, a mere sketch, but trustworthy and entertaining.

Weems'sLife of Washingtonstill enjoys a good sale. It has been one of the most widely purchased and read books in our history, and has profoundly influenced the American conception of Washington. To it we owe the grotesque and wholly imaginary stories of young Washington and the cherry tree, the planting of lettuce by his father to prove to the boy the designs of Providence, and other anecdotes that make that intensely human founder of the American Nation an impossible and intolerable prig.

The only biography of Weems isParson Weems, by Lawrence C. Wroth, a mere sketch, but trustworthy and entertaining.

[612]Weems to Wayne, Dec. 10, 1802, Dreer MSS.loc. cit.

[613]Same to same, Dec. 14, 1802, Dreer MSS.loc. cit.

[614]Weems to Wayne, Dec. 17, 1802, Dreer MSS.loc. cit.

[615]Same to same, Dec. 22, 1802, Dreer MSS.loc. cit.

[616]Same to same, April 2, 1803, Dreer MSS.loc. cit.

[617]Wayne to Bushrod Washington, Jan. 23, 1803, Dreer MSS.loc. cit.

[618]Weems to Wayne, April 8, 1803, Dreer MSS.loc. cit.

[619]Same to same, April 18, 1803, Dreer MSS.loc. cit.

[620]Bushrod Washington, like the other Federalists, would not call his political opponents by their true party name, Republicans: he styled them "democrats," the most opprobrious term the Federalists could then think of, excepting only the word "Jacobins." (See vol.ii, 439, of this work.)

[621]Washington to Wayne, March 1, 1803, Dreer MSS.loc. cit.

[622]Same to same. March 23, 1803, Dreer MSS.loc. cit.

[623]Wayne to Washington, Oct. 23, 1803, Dreer MSS.loc. cit.An interesting sidelight on the commercial methods of the times is displayed by a circular which Wayne sent to his agents calling for money from subscribers to Marshall'sLife of Washington: "The remittance may be made through the Post Office, and should any danger be apprehended, you can cut a Bank note in two parts and send each by separate mails." (Wayne's Circular, Feb. 17, 1803, Dreer MSS.loc. cit.)

[623]Wayne to Washington, Oct. 23, 1803, Dreer MSS.loc. cit.

An interesting sidelight on the commercial methods of the times is displayed by a circular which Wayne sent to his agents calling for money from subscribers to Marshall'sLife of Washington: "The remittance may be made through the Post Office, and should any danger be apprehended, you can cut a Bank note in two parts and send each by separate mails." (Wayne's Circular, Feb. 17, 1803, Dreer MSS.loc. cit.)

[624]This list was published in the first edition. It is a good directory of the most prominent Federalists and of the leading Republican politicians of the time. "T. Jefferson, P.U.S." and each member of his Cabinet subscribed; Marshall himself was a subscriber for his own book, and John C. Calhoun, a student at Yale College at the time, was another. In the cities most of the lawyers took Marshall's book.

[625]Wayne to Bushrod Washington, Nov. 3, 1803, Dreer MSS.loc. cit.It would seem from this letter that Marshall and Washington had reduced their lump cash price from $100,000 to $70,000. In stating his expenses, Wayne says that the painter "Gilbert Stuart demanded a handsome sum for the privilege of Engraving from his Original" portrait of Washington.

[625]Wayne to Bushrod Washington, Nov. 3, 1803, Dreer MSS.loc. cit.

It would seem from this letter that Marshall and Washington had reduced their lump cash price from $100,000 to $70,000. In stating his expenses, Wayne says that the painter "Gilbert Stuart demanded a handsome sum for the privilege of Engraving from his Original" portrait of Washington.

[626]See letter last cited.

[627]Wayne to Bushrod Washington, Dec. 16, 1803, Dreer MSS.loc. cit.

[628]Marshall to Wayne, Dec. 23, 1803, Dreer MSS.loc. cit.

[629]Marshall to Wayne, Jan. 10, 1804, Dreer MSS.loc. cit.

[630]Marshall to Bushrod Washington, March 25, 1804, Dreer MSS.loc. cit.

[631]Same to same, April, 1804, Dreer MSS.loc. cit.

[632]Same to same, April 29, 1804, Dreer MSS.loc. cit.

[633]Marshall to Wayne, June 1, 1804, Dreer MSS.loc. cit.

[634]Same to same, June 6, 1804, Dreer MSS.loc. cit.

[635]Marshall to Wayne, June 10, July 5, July 8, 1804, Dreer MSS.loc. cit.

[636]Wayne to Bushrod Washington, Aug. 20, 1804, Dreer MSS.loc. cit.

[637]Marshall to Wayne, July 20, 1804, Dreer MSS.loc. cit.

[638]Marshall to Wayne, Aug. 10, 1804, Dreer MSS.loc. cit.

[639]Literary Magazine and American Register of Philadelphia, July, 1804. The reviewer makes many of the criticisms that appeared on the completion of the biography. (Seeinfra, 261-79.)

[640]Wayne to Marshall, Aug. 20, 1804, Dreer MSS.loc. cit.

[641]The affair at Little Meadows and the defeat of Braddock. (Marshall:Life of George Washington, 1st ed.i, 356-58, 368-71.)

[642]These were: Belknap, Belsham, Chalmers, Dodsley, Entick or Entinck, Gordon, Hutchinson, Minot, Ramsay, Raynal, Robertson, Russell, Smith, Stedman, Stith, Trumbull.

[643]For example, Marshall's description of Sir William Berkeley, who was, the reader is informed, "distinguished ... by the mildness of his temper, the gentleness of his manners and ... popular virtues." (Marshall, 1st ed.i, 72.)

[644]Ib.188-92; and see vol.i, 6, of this work.

[645]Ib.1st ed.i, 86-89.

[646]Ib.111-12.

[647]Ib.; see Notes, 9-18.

[648]Ib.x.

[649]Ib.1st ed.ii, 14-20.

[650]Ib.67.

[651]Marshall, 1st ed.ii, 82-83; and see vol.i, 66, of this work.

[652]See vol.i, 74-79, of this work.

[653]Marshall, 1st ed.ii, 193.

[654]Ib.160-69.

[655]Ib.374-75.

[656]Ib.377-78.

[657]Marshall, 1st ed.ii, 377.

[658]Ib.386-89.

[659]Ib.390-94.

[660]Ib.417-18, 445-46; and see vol.i, 83-86, of this work.

[661]Marshall, 1st ed.ii, 259-61.

[662]Marshall to Wayne, Aug. 10, 1804, Dreer MSS.loc. cit.

[663]Marshall to Wayne from Front Royal, Virginia, Sept. 3, 1804, Dreer MSS.loc. cit.

[664]Marshall spent many years preparing this second edition of hisWashington, which appeared in 1832, three years before Marshall's death. Seeinfra, 272-73.

[665]Marshall to Wayne, Sept. 8, 1804, Dreer MSS.loc. cit.

[666]The amount of this draft is not stated.

[667]This would seem to indicate that Wayne had been able to collect payment on the first two volumes, from only two thousand five hundred subscribers, since, by the contract, Marshall and Washington together were to receive one dollar for each book sold.

[668]Washington to Wayne, Dec. 25, 1804, Dreer MSS.loc. cit.

[669]Same to same, Jan. 15, 1805, Dreer MSSloc. cit.

[670]Same to same, Dec. 30, 1804, Dreer MSS.loc. cit.

[671]Marshall to Wayne, Feb. 27, 1805, Dreer MSS.loc. cit.

[672]Marshall to Wayne, March 16, 1805, Dreer MSS.loc. cit.

[673]Same to same, June 29, 1805, Dreer MSS.loc. cit.

[674]Wayne to Washington, July 4, 1804, Dreer MSS.loc. cit.

[675]Marshall to Wayne, Oct. 5, 1805, Dreer MSS.loc. cit.

[676]Washington to Wayne, April 1, 1806, Dreer MSS.loc. cit.It was in this year that the final payments for the Fairfax estate were made and the deed executed to John and James M. Marshall and their brother-in-law Rawleigh Colston. See vol.ii, footnote to 211, and vol.iv, chap.iii, of this work.

[677]Same to same, July 14, 1806, Dreer MSS.loc. cit.

[678]Weems's orders for books are trustworthy first-hand information concerning the literary tastes of the American people at that time, and the extent of education among the wealthy. Writing from Savannah, Georgia, August, 1806, he asks for "Rippons hymns, Watts Dọ, Newton's Dọ, Methodist Dọ, Davies Sermons, Massillons Dọ, Villiage Dọ, Whitfields Dọ, Fuller [the eminent Baptist divine,] Works, viz. His Gospel its own evidence, Gospel Worthy of all Acceptation, Pilgrim's progress, Baxter's StṣRest, Call to the Unconverted, Alarm, by Allein, Hervey's Works, Rushe's Medical Works; All manner of School Books, Novels by the cart load, particularly Charlotte Temple ... 2 or 300 of Charlotte Temple ... Tom Paines Political Works, Johnson's Poets boundin green or in any handsome garb, particularly Miltons Paradise lost, Tompsons Seasons, Young's N. Thoughts wou'd do well." (Weems to Wayne, Aug. 1806, Dreer MSS.loc. cit.)Another order calls for all the above and also for "Websters Spellgbook, Universal Dọ, Fullers Backslider, Booths reign of Grace, Looking Glass for the mind, Blossoms of Morality, Columbian Orator, Enticks Dictionary, Murrays Grammar, Enfield's Speaker, Best Books on Surveying, Dọon Navigation, Misses Magazine, Vicar of Wakefield, Robinson Crusoe, Divine Songs for Children, Pamela Small." In this letter forty-four different titles are called for.

Another order calls for all the above and also for "Websters Spellgbook, Universal Dọ, Fullers Backslider, Booths reign of Grace, Looking Glass for the mind, Blossoms of Morality, Columbian Orator, Enticks Dictionary, Murrays Grammar, Enfield's Speaker, Best Books on Surveying, Dọon Navigation, Misses Magazine, Vicar of Wakefield, Robinson Crusoe, Divine Songs for Children, Pamela Small." In this letter forty-four different titles are called for.

[679]Weems to Wayne, Jan. 28, 1804, and Aug. 25, 1806, Dreer MSS.loc. cit.

[680]Same to same, Sept. 20, 1806, Wayne MSS.loc. cit.This letter is written from Augusta, Georgia. Among other books ordered in it, Weems names twelve copies each of "Sallust, Corderius, Eutropius, Nepos, Caesar's Commentaries, Virgil Delph., Horace Delphini, Cicero Dọ, Ovid Dọ"; and nine copies each of "Greek Grammar, DọTestament, Lucian, Xenophon."

[681]Marshall,iii, 28-42.

[682]See vol.i, 93-98, 102, of this work.

[683]Marshall,iii, chaps.iiiandiv.

[684]See vol.i, 98-101, of this work.

[685]Marshall,iii, 43-48, 52.

[686]Ib.319, 330, 341-50; and see vol.i, 110-32, of this work.

[687]Marshall,iii, 345, 347-49.

[688]Ib.50-53, 62.

[689]Marshall,iii, 59. "No species of licentiousness was unpracticed. The plunder and destruction of property was among the least offensive of the injuries sustained." The result "could not fail to equal the most sanguine hopes of the friends of the revolution. A sense of personal wrongs produced a temper, which national considerations had been found too weak to excite.... The great body of the people flew to arms."

[690]Ib.20, 22, 24, 27, 386. See also vol.i, 115-16, of this work, and authorities there cited.

[691]Marshall,iii, 246-47.

[692]Ib.Notes, 4-6.

[693]Ib.chap. 8; and see vol.i, 134-38, of this work.

[694]Marshall,iii, 366-85.

[695]Ib.486-96.

[696]See vol.ii, 405, of this work.

[697]Marshall,iv, 114-15.

[698]Ib.188.

[699]Ib.247-65; see vol.i, 143-44, of this work.

[700]Marshall,iv, 284-88.

[701]Marshall,iv, 530-31.

[702]See Jefferson's letter to Barlow,supra.

[703]Seesupra, chap.iii, andinfra, chap.vi; and see especially vol.iv, chap.i, of this work.

[704]Adams to Marshall, July 17, 1806, MS.This letter is most important. Adams pictures his situation when President: "A first Magistrate of a great Republick with a General officer under him, a Commander in Chief of the Army, who had ten thousand times as much Influence Popularity and Power as himself, and that Commander in Chief so much under the influence of his Second in command [Hamilton], ... the most treacherous, malicious, insolent and revengeful enemy of the first Magistrate is a Picture which may be very delicate and dangerous to draw. But it must be drawn...."There is one fact ... which it will be difficult for posterity to believe, and that is that the measures taken by Senators, Members of the House, some of the heads of departments, and some officers of the Army to force me to appoint General Washington ... proceeded not from any regard to him ... but merely from an intention to employ him as an engine to elevate Hamilton to the head of affairs civil as well as military."

[704]Adams to Marshall, July 17, 1806, MS.

This letter is most important. Adams pictures his situation when President: "A first Magistrate of a great Republick with a General officer under him, a Commander in Chief of the Army, who had ten thousand times as much Influence Popularity and Power as himself, and that Commander in Chief so much under the influence of his Second in command [Hamilton], ... the most treacherous, malicious, insolent and revengeful enemy of the first Magistrate is a Picture which may be very delicate and dangerous to draw. But it must be drawn....

"There is one fact ... which it will be difficult for posterity to believe, and that is that the measures taken by Senators, Members of the House, some of the heads of departments, and some officers of the Army to force me to appoint General Washington ... proceeded not from any regard to him ... but merely from an intention to employ him as an engine to elevate Hamilton to the head of affairs civil as well as military."

[705]He was "accustomed to contemplate America as his country, and to consider ... the interests of the whole." (Marshall,v, 10.)

[706]Ib.24-30.

[707]Ib.31-32.

[708]Ib.33-34.

[709]Ib.45-47.

[710]Marshall,v, 65.

[711]Ib.85-86.

[712]Marshall,v, 85-87.

[713]Ib.88-89.

[714]Marshall,v, 105. Marshall's account of the causes and objects of Shays's Rebellion is given wholly from the ultra-conservative view of that important event. (Ib.123.)

[715]Ib.128-29.

[716]Ib.132.

[717]Ib.133-50.

[718]Marshall,v, 178-79. Thus Marshall, writing in 1806, states one of the central principles of the Constitution as he interpreted it from the Bench years later in three of the most important of American judicial opinions—Fletchervs.Peck, Sturgisvs.Crowninshield, and the Dartmouth College case. (Seeinfra, chap.x; also vol.iv, chaps.ivandv, of this work.)

[719]Marshall,v, 198-210.

[720]Ib.210-13. At this point Marshall is conspicuously, almost ostentatiously impartial, as between Jefferson and Hamilton. His description of the great radical is in terms of praise, almost laudation; the same is true of his analysis of Hamilton's work and character. But he gives free play to his admiration of John Adams. (Ib.219-20.)

[721]Ib.230-32.

[722]Marshall,v, 241.

[723]Ib.243-58.

[724]Ib.271.

[725]"That system to which the American government afterwards inflexibly adhered, and to which much of the national prosperity is to be ascribed." (Ib.408.)

[726]See vol.ii, chaps.itoiv, of this work.

[727]Marshall,v, 685-709.

[728]Ib.773.

[729]James Kent to Moss Kent, July 14, 1807, Kent MSS. Lib. Cong.

[730]Jefferson to Barlow, April 16, 1811,Works: Ford,xi, 205.

[731]Jefferson to Adams, June 15, 1813,ib.296.

[732]Botta:History of the War of the Independence of the United States of America. This work, published in Italian in 1809, was not translated into English until 1820; but in 1812-13 a French edition was brought out, and that is probably the one Jefferson had read.

[733]Jefferson to Adams, Aug. 10, 1815,Works: Ford,xi, 485.

[734]Johnson:Sketches of the Life and Correspondence of General Nathanael Greene. This biography was even a greater failure than Marshall'sWashington. During this period literary ventures by judges seem to have been doomed.

[735]Jefferson to Johnson, March 4, 1823,Works: Ford,xii, 277-78.

[736]Works: Ford,i, 165-67.

[737]Ib.181-82.

[738]Plumer, March 11, 1808, "Diary," Plumer MSS. Lib. Cong.

[739]May, June, and August numbers, 1808,Monthly Anthology and Boston Review,v, 259, 322, 434. It appears from the minutes of the Anthology Society, publishers of this periodical, that they had a hard time in finding a person willing to review Marshall's five volumes. Three persons were asked to write the critique and declined. Finally, Mr. Thatcher reluctantly agreed to do the work.

[740]Flint, in LondonAthenæumfor 1835, 803.

[741]North American Review,xlvi, 483.

[742]New York Evening Post, as quoted in Allibone:Dictionary of English Literature and British and American Authors,ii, 1227.

[743]Edinburgh Review, Oct. 1808, as quoted in Randall,ii, footnote to 40.

[744]Blackwood's Edinburgh Magazine,xvii, 179.

[745]Marshall to Eliot, Sept. 20, 1809, MSS. of the Mass. Hist. Soc.

[746]Marshall to Murphey, Oct. 6, 1827,Papers of Archibald D. Murphey: Hoyt,i, 365-66.

[747]Washington to Wayne, Nov. 26, 1816, Dreer MSS.loc. cit.

[748]Marshall to Washington, Dec. 27, 1821, MS.

[749]So popular did this second edition become that, three years after Marshall's death, a little volume,The Life of Washington, was published for school-children. The publisher, James Crissy of Philadelphia, states that this small volume is "printed from the author's own manuscript," thus intimating that Marshall had prepared it. (See Marshall, school ed.)

[750]Talbotvs.Seeman, United Statesvs.Schooner Peggy, Marburyvs.Madison, and Littlevs.Barreme.

[751]The first three in above note.

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