did. But its protests against Marshall were so mild that, in view of the

recklessness of the period, this was a notable compliment. "The vacant Chief Justiceship is to be conferred on John Marshall, one time General, afterwards ambassador to X. Y. and Z., and for a short time incumbent of the office of Secretary of State.... Who is to receive the salary of the Secretary of State, after Mr. Marshall's resignation, we cannot foretell, because the wisdom of our wise men surpasseth understanding."[1318] Some days later the "Aurora," in a long article, denounced the Judiciary Law as a device for furnishing defeated Federalist politicians with offices,[1319] and declared that the act would never be "carried into execution, ... unless" the Federalists still meant to usurp the Presidency. But it goes on to say:--

"We cannot permit ourselves to believe that _John Marshall_ has been called to the bench to foster such a plot.... Still, how can we account for the strange mutations which have passed before us--Marshall for a few weeks Secretary of State ascends the bench of the Chief Justice."[1320] The principal objection of the Republican newspapers to Marshall, however, was that he, "before he left the office [of Secretary of State], made provision for all the Federal printers to the extent of his power.... He employed the _aristocratic presses alone_ to publish laws ... for ... one year."[1321]

Only the dissipated and venomous Callender, from his cell in prison, displayed that virulent hatred of Marshall with which an increasing number of Jefferson's followers were now obsessed. "We are to have that precious acquisition John Marshall as Chief Justice.... The very sound of this man's name is an insult upon truth and justice"; and the dissolute scribbler then pours the contents of his ink-pot over Marshall's X. Y. Z. dispatches, bespatters his campaign for election to Congress, and continues thus:--

"John Adams first appointed John Jay in the room of Ellsworth. A strong suspicion exists that John did this with the previous certainty that John Jay would refuse the nomination. It was then in view to name John Marshall: first, because President Jefferson will not be able to turn him out of office, unless by impeachment; and in the second place that the faction [Federalist Party] who burnt the war office might, with better grace, attempt, forsooth, to set him up as a sort of president himself. _Sus ad Minervam!_"[1322]

That the voice of this depraved man, so soon to be turned against his patron Jefferson, who had not yet cast him off, was the only one raised against Marshall's appointment to the highest judicial office in the Nation, is a striking tribute, when we consider the extreme partisanship and unrestrained abuse common to the times.

Marshall himself, it appears, was none too eager to accept the position which Ellsworth had resigned and Jay refused; the Senate delayed the confirmation of his nomination;[1323] and it was not until the last day of the month that his commission was executed.

On January 31, 1801, the President directed Dexter "to execute the office of Secretary of State so far as to affix the seal of the United States to the inclosed commission to the present Secretary of State, John Marshall, of Virginia, to be Chief Justice of the United States, and to certify in your own name on the commission as executing the office of Secretary of State _pro hac vice_."[1324]

It was almost a week before Marshall formally acknowledged and accepted the appointment. "I pray you to accept my grateful acknowledgments for the honor conferred on me in appointing me Chief Justice of the United States. This additional and flattering mark of your good opinion has made an impression on my mind which time will not efface. I shall enter immediately on the duties of the office, and hope never to give you occasion to regret having made this appointment."[1325] Marshall's acceptance greatly relieved the President, who instantly acknowledged his letter: "I have this moment received your letter of this morning, and am happy in your acceptance of the office of Chief Justice."[1326]

Who should be Secretary of State for the remaining fateful four weeks? Adams could think of no one but Marshall, who still held that office although he had been appointed, confirmed, and commissioned as Chief Justice. Therefore, wrote Adams, "the circumstances of the times ... render it necessary that I should request and authorize you, as I do by this letter, to continue to discharge all the duties of Secretary of State until ulterior arrangements can be made."[1327]

Thus Marshall was at the same time Chief Justice of the Supreme Court and Secretary of State. Thus for the second time these two highest appointive offices of the National Government were held simultaneously by the same man.[1328] He drew but one salary, of course, during this period, that of Chief Justice,[1329] the salary of Secretary of State remaining unpaid.

The President rapidly filled the newly created places on the Federal Bench. Marshall, it appears, was influential in deciding these appointments. "I wrote for you to Dexter, requesting him to show it to Marshall,"[1330] was Ames's reassuring message to an aspirant to the Federal Bench. With astounding magnanimity or blindness, Adams bestowed one of these judicial positions upon Wolcott, and Marshall "transmits ... the commission ... with peculiar pleasure. Permit me," he adds, "to express my sincere wish that it may be acceptable to you." His anxiety to make peace between Adams and Wolcott suggests that he induced the President to make this appointment. For, says Marshall, "I will allow myself the hope that this high and public evidence, given by the President, of his respect for your services and character, will efface every unpleasant sensation respecting the past, and smooth the way to a perfect reconciliation."[1331]

Wolcott "cordially thanks" Marshall for "the obliging expressions of" his "friendship." He accepts the office "with sentiments of gratitude and good will," and agrees to Marshall's wish for reconciliation with Adams, "not only without reluctance or reserve but with the highest satisfaction."[1332] Thus did Marshall end one of the feuds which so embarrassed the Administration of John Adams.[1333]

Until nine o'clock[1334] of the night before Jefferson's inauguration, Adams continued to nominate officers, including judges, and the Senate to confirm them. Marshall, as Secretary of State, signed and sealed the commissions. Although Adams was legally within his rights, the only moral excuse for his conduct was that, if it was delayed, Jefferson would make the appointments, control the National Judiciary, and through it carry out his States' Rights doctrine which the Federalists believed would dissolve the Union; if Adams acted, the most the Republicans could do would be to oust his appointees by repealing the law.[1335]

The angry but victorious Republicans denounced Adams's appointees as "midnight judges." It was a catchy and clever phrase. It flew from tongue to tongue, and, as it traveled, it gathered force and volume. Soon a story grew up around the expression. Levi Lincoln, the incoming Attorney-General, it was said, went, Jefferson's watch in his hand, to Marshall's room at midnight and found him signing and sealing commissions. Pointing to the timepiece, Lincoln told Marshall that, by the President's watch, the 4th of March had come, and bade him instantly lay down his nefarious pen; covered with humiliation, Marshall rose from his desk and departed.[1336]

This tale is, probably, a myth. Jefferson never spared an enemy, and Marshall was his especial aversion. Yet in his letters denouncing these appointments, while he savagely assails Adams, he does not mention Marshall.[1337] Jefferson's "Anas," inspired by Marshall's "Life of Washington," omits no circumstance, no rumor, no second, third, or fourth hand tale that could reflect upon an enemy. Yet he never once refers to the imaginary part played by Marshall in the "midnight judges" legend.[1338]

Jefferson asked Marshall to administer to him the presidential oath of office on the following day. Considering his curiously vindictive nature, it is unthinkable that Jefferson would have done this had he sent his newly appointed Attorney-General, at the hour of midnight, to stop Marshall's consummation of Adams's "indecent"[1339] plot.

Indeed, in the flush of victory and the multitude of practical and weighty matters that immediately claimed his entire attention, it is probable that Jefferson never imagined that Marshall would prove to be anything more than the learned but gentle Jay or the able but innocuous Ellsworth had been. Also, as yet, the Supreme Court was, comparatively, powerless, and the Republican President had little cause to fear from it that stern and effective resistance to his anti-national principles, which he was so soon to experience. Nor did the Federalists themselves suspect that the Virginia lawyer and politician would reveal on the Supreme Bench the determination, courage, and constructive genius which was presently to endow that great tribunal with life and strength and give to it the place it deserved in our scheme of government.

In the opinions of those who thought they knew him, both friend and foe, Marshall's character was well understood. All were agreed as to his extraordinary ability. No respectable person, even among his enemies, questioned his uprightness. The charm of his personality was admitted by everybody. But no one had, as yet, been impressed by the fact that commanding will and unyielding purpose were Marshall's chief characteristics. His agreeable qualities tended to conceal his masterfulness. Who could discern in this kindly person, with "lax, lounging manners," indolent, and fond of jokes, the heart that dared all things? And all overlooked the influence of Marshall's youth, his determinative army life, his experience during the disintegrating years after Independence was achieved and before the Constitution was adopted, the effect of the French Revolution on his naturally orderly mind, and the part he had taken and the ineffaceable impressions necessarily made upon him by the tremendous events of the first three Administrations of the National Government.

Thus it was that, unobtrusively and in modest guise, Marshall took that station which, as long as he lived, he was to make the chief of all among the high places in the Government of the American Nation.

FOOTNOTES:

[1093] Adams to McHenry, May 5, 1800; Steiner, 453.

[1094] McHenry to John McHenry, May 20, 1800; Gibbs, ii, 348.

[1095] According to McHenry, Adams's complaints were that the Secretary of War had opposed the sending of the second mission to France, had not appointed as captain a North Carolina elector who had voted for Adams, had "EULOGIZED GENERAL WASHINGTON ... attempted to praise Hamilton," etc. (McHenry to John McHenry, May 20, 1800; Gibbs, ii, 348; and see Hamilton's "Public Conduct, etc., of John Adams"; Hamilton: _Works_: Lodge, vii, 347-49.)

[1096] Gore to King, May 14, 1800; King, iii, 242-43; also Sedgwick to Hamilton, May 7, 1800; _Works_: Hamilton, vi, 437-38.

[1097] Adams to Pickering, May 10, 1800; _Works_: Adams, ix, 53.

[1098] Pickering to Adams, May 11, 1800; _ib._, 54.

[1099] Pickering to Hamilton, May 15, 1800; _Works_: Hamilton, vi, 443.

[1100] Adams to Pickering, May 12, 1800; _Works_: Adams, ix, 55.

[1101] Sedgwick to Hamilton, May 13, 1800; _Works_: Hamilton, vi, 442.

[1102] Adams to Rush, March 4, 1809; _Old Family Letters_, 219.

[1103] "There never was perhaps a greater contrast between two characters than between those of the present President & his predecessor.... The one [Washington] cool, considerate, & cautious, the other [Adams] headlong & kindled into flame by every spark that lights on his passions; the one ever scrutinizing into the public opinion and ready to follow where he could not lead it; the other insulting it by the most adverse sentiments & pursuits; W. a hero in the field, yet overweighing every danger in the Cabinet--A. without a single pretension to the character of a soldier, a perfect Quixotte as a statesman." (Madison to Jefferson, Feb., 1798; _Writings_: Hunt, vi, 310.) And [Adams] "always an honest man, often a wise one, but sometimes wholly out of his senses." (Madison to Jefferson, June 10, 1798; _ib._, 325.)

[1104] Adams to Rush, Aug. 23, 1805; _Old Family Letters_, 76.

[1105] Cabot to King, April 26, 1799; King, iii, 8.

[1106] Wolcott was as malicious as, but more cautious than, Pickering in his opposition to the President.

[1107] "He [Adams] is liable to gusts of passion little short of frenzy.... I speak of what I have seen." (Bayard to Hamilton, Aug. 18, 1800; _Works_: Hamilton, vi, 457.) "He would speak in such a manner ... as to persuade one that he was actually insane." (McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347.) "Mr. Adams had conducted strangely and unaccountably." (Ames to Hamilton, Aug. 26, 1800; _Works_: Ames, i, 280.) These men were Adams's enemies; but the extreme irritability of the President at this time was noted by everybody. Undoubtedly this was increased by his distress over the illness of his wife.

[1108] McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347.

[1109] See preceding chapter.

[1110] _Aurora_, May 9, 1800; the _Aurora_ had been attacking Pickering with all the animosity of partisanship.

[1111] The French press had been quite as much under the control of the Revolutionary authorities as it was under that of Bonaparte as First Consul or even under his rule when he had become Napoleon I.

[1112] _Aurora_, May 27, 1800.

[1113] _Ib._, June 4, 1800; and June 17, 1800. The _Aurora_ now made a systematic campaign against Pickering. It had "_substantial and damning facts_" which it threatened to publish if Adams did not subject Pickering to a "scrutiny" (_ib._, May 21, 1800). Pickering was a "disgrace to his station" (_ib._, May 23); several hundred thousand dollars were "unaccounted for" (_ib._, June 4, and 17).

The attack of the Republican newspaper was entirely political, every charge and innuendo being wholly false. Adams's dismissal of his Secretary of State was not because of these charges, but on account of the Secretary's personal and political disloyalty. Adams also declared, afterwards, that Pickering lacked ability to handle the grave questions then pending and likely to arise. (_Cunningham Letters_, nos. xii, xiii, and xiv.) But that was merely a pretense.

[1114] _Aurora_, June 12, 1800.

[1115] Pinckney to McHenry, June 10, 1800; Steiner, 460.

[1116] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 402.

[1117] Cabot to Gore, Sept. 30, 1800; Lodge: _Cabot_, 291.

[1118] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 401-02.

[1119] Adams's correspondence shows that the shortest time for a letter to go from Washington to Quincy, Massachusetts, was seven days, although usually nine days were required. "Last night I received your favor of the 4th." (Adams at Quincy to Dexter at Washington, Aug. 13, 1800; _Works_: Adams, ix, 76; and to Marshall, Aug. 14; _ib._, 77; and Aug. 26; _ib._, 78; and Aug. 30; _ib._, 80.)

[1120] Washington at this time was forest, swamp, and morass, with only an occasional and incommodious house. Georgetown contained the only comfortable residences. For a description of Washington at this period, see chap. I, vol. III, of this work.

[1121] Marshall to Adams, Sept. 17, 1800; Adams MSS. This trip was to argue the case of Mayo _vs._ Bentley (4 Call, 528), before the Court of Appeals of Virginia. (See _supra_, chap. VI.)

[1122] Randall, ii, 547. Although Randall includes Dexter, this tribute is really to Marshall who was the one dominating character in Adams's reconstructed Cabinet.

[1123] Adams to Marshall, July 30, 1800; _Works_: Adams, ix, 66; also Marshall to Adams, Aug. 1, Aug. 2, and July 29, 1800; Adams MSS.

[1124] Marshall to Adams, July 29, 1800; Adams MSS. This cost Adams the support of young Chase's powerful father. (McHenry to John McHenry, Aug. 24, 1800; Gibbs, ii, 408.)

[1125] McMaster, ii, 448.

[1126] Adams to Marshall, Aug. 7, 1800; _Works_: Adams, ix, 72; and Marshall to Adams, Aug. 16, 1800; Adams MSS. Chief Justice Ellsworth presided at the trial of Williams, who was fairly convicted. (Wharton: _State Trials_, 652-58.) The Republicans, however, charged that it was another "political" conviction. It seems probable that Adams's habitual inclination to grant the request of any one who was his personal friend (Adams's closest friend, Governor Trumbull, had urged the pardon) caused the President to wish to extend clemency to Williams.

[1127] Marshall to Adams, June 24, 1800; Adams MSS.

[1128] Marshall to Adams, Aug. 2, 1800; _ib._

[1129] Marshall to Adams, July 26, 1800; _ib._

[1130] De Yrujo to Marshall, July 31, 1800; _ib._

[1131] Marshall does not state what these measures were.

[1132] Marshall to Adams, Sept. 6, 1800; Adams MSS.

[1133] _Am. St. Prs._, v, _Indian Affairs_, i, 184, 187, 246. For picturesque description of Bowles and his claim of British support see Craig's report, _ib._, 264; also, 305. Bowles was still active in 1801. (_Ib._, 651.)

[1134] Adams to Marshall, July 31, 1800; _Works_: Adams, ix, 67; Marshall to De Yrujo, Aug. 15, 1800; Adams MSS.

[1135] Adams to Marshall, Aug. 11, 1800; _Works_: Adams, ix, 73.

[1136] Marshall to Adams, Aug. 12, 1800; Adams MSS.

[1137] _Ib._

[1138] Liston to Marshall, Aug. 25, 1800; _ib._

[1139] Marshall to Adams, Sept. 6, 1800; _ib._

[1140] Marshall to Liston, Sept. 6, 1800; Adams MSS.

[1141] Marshall to J. Q. Adams, July 24, 1800; MS. It is incredible that the Barbary corsairs held the whole of Europe and America under tribute for many years. Although our part in this general submission to these brigands of the seas was shameful, America was the first to move against them. One of Jefferson's earliest official letters after becoming President was to the Bey of Tripoli, whom Jefferson addressed as "Great and Respected Friend ... Illustrious & honored ... whom God preserve." Jefferson's letter ends with this fervent invocation: "I pray God, very great and respected friend, to have you always in his holy keeping." (Jefferson to Bey of Tripoli, May 21, 1801; _Am. St. Prs., For. Rel._, ii, 349.)

And see Jefferson to Bey of Tunis (Sept. 9, 1801; _ib._, 358), in which the American President addresses this sea robber and holder of Americans in slavery, as "Great and Good Friend" and apologizes for delay in sending our tribute. In Jefferson's time, no notice was taken of such expressions, which were recognized as mere forms. But ninety years later the use of this exact expression, "Great and Good Friend," addressed to the Queen of the Hawaiian Islands, was urged on the stump and in the press against President Cleveland in his campaign for re-election. For an accurate and entertaining account of our relations with the Barbary pirates see Allen: _Our Navy and the Barbary Corsairs_.

[1142] Marshall to Adams, Aug. 1, 1800; Adams MSS.

[1143] Marshall to Adams, June 24, 1800; Adams MSS.

[1144] Marshall to Adams, Aug. 16, 1800; July 24, 1800; _Ib._ and see Adams to Marshall, Aug. 2, and to Secretary of State, May 25; King, iii, 243-46. The jewels were part of our tribute to the Barbary pirates.

[1145] King to Secretary of State, Oct. 11, 1799; note to Grenville; King, iii, 129.

[1146] Secretary of State to King, Feb. 5, 1799; _Am. St. Prs., For. Rel._, ii, 383. Hildreth says that the total amount of claims filed was twenty-four million dollars. (Hildreth, v, 331; and see Marshall to King, _infra_.)

[1147] Secretary of State to King, Sept. 4, 1799; _Am. St. Prs., For. Rel._, ii, 383.

[1148] Troup to King, Sept. 2, 1799; King, iii, 91.

[1149] Secretary of State to King, Dec. 31, 1799; _Am. St. Prs._, _For. Rel._, ii, 384-85.

[1150] King to Secretary of State, April 7, 1800; King, iii, 215.

[1151] Marshall to Adams, June 24, 1800; Adams MSS.

[1152] King to Secretary of State, April 22, 1800; King, iii, 222.

[1153] Marshall to Adams, July 21, 1800; Adams MSS.

[1154] Adams to Marshall, Aug. 1, 1800; _Works_: Adams, ix, 68-69.

[1155] Marshall to Adams, Aug. 12, 1800; Adams MSS.

[1156] _Infra_, 507 _et seq._

[1157] _Am. St. Prs._, _For. Rel._, ii, 386.

[1158] _Am. St. Prs., For. Rel._, ii, 387.

[1159] _Am. St. Prs., For. Rel._, ii, 387.

[1160] Marshall to Adams, Sept. 9, 1800; Adams MSS.

[1161] Adams to Marshall, Sept. 18, 1800; _Works_: Adams, ix, 84. After Jefferson became President and Madison Secretary of State, King settled the controversy according to these instructions of Marshall. But the Republicans, being then in power, claimed the credit.

[1162] Secretary of State to King, Oct. 26, 1796; King, ii, 102.

[1163] For a comprehensive though prejudiced review of British policy during this period see Tench Coxe: _Examination of the Conduct of Great Britain Respecting Neutrals_. Coxe declares that the purpose and policy of Great Britain were to "monopolize the commerce of the world.... She denies the lawfulness of supplying and buying from her enemies, and, in the face of the world, enacts statutes to enable her own subjects to do these things. (_Ib._, 62.) ... She now aims at the Monarchy of the ocean.... Her trade is war.... The spoils of neutrals fill her warehouses, while she incarcerates their bodies in her floating castles. She seizes their persons and property as the rich fruit of bloodless victories over her unarmed friends." (_Ib._, 72.)

This was the accepted American view at the time Marshall wrote his protest; and it continued to be such until the War of 1812. Coxe's book is packed closely with citations and statistics sustaining his position.

[1164] Secretary of State to King, June 14, 1799; King, iii, 47; and see King to Secretary of State, July 15, 1799; _ib._, 58-59; and King to Grenville, Oct. 7, 1799; _ib._, 115-21.

[1165] This complete paper is in _Am. St. Prs., For. Rel._, ii, 486-90.

[1166] At one place the word "distinctly" is used and at another the word "directly," in the _American State Papers_ (ii, 487 and 488). The word "directly" is correct, the word "distinctly" being a misprint. This is an example of the inaccuracies of these official volumes, which must be used with careful scrutiny.

[1167] _Am. St. Prs., For. Rel._, ii, 488.

[1168] _Am. St. Prs., For. Rel._, ii, 490.

[1169] _Infra_, 524.

[1170] While political parties, as such, did not appear until the close of Washington's first Administration, the Federalist Party of 1800 was made up, for the most part, of substantially the same men and interests that forced the adoption of the Constitution and originated all the policies and measures, foreign and domestic, of the first three Administrations.

[1171] Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 404.

[1172] During this period, the word "Democrat" was used by the Federalists as a term of extreme condemnation, even more opprobrious than the word "Jacobin." For many years most Republicans hotly resented the appellation of "Democrat."

[1173] Marshall to Otis, Aug. 5, 1800; Otis MSS.

[1174] For a vivid review of factional causes of the Federalists' decline see Sedgwick to King, Sept. 26, 1800; King, iii, 307-10; and Ames to King, Sept. 24, 1800; _ib._, 304.

[1175] "The Public mind is puzzled and fretted. People don't know what to think of measures or men; they are mad because they are in the dark." (Goodrich to Wolcott, July 28, 1800; Gibbs, ii, 394.)

[1176] Ames to Hamilton, Aug. 26, 1800; _Works_: Ames, i, 280.

[1177] Hamilton to Sedgwick, May 4, 1800; _Works_: Lodge, x, 371.

[1178] Same to same, May 10, 1800; _ib._, 375.

[1179] "In our untoward situation we should do as well with Jefferson for President and Mr. Pinckney Vice President as with anything we can now expect. Such an issue of the election, if fairly produced, is the only one that will keep the Federal Party together." (Cabot to Wolcott, Oct. 5, 1800; Lodge: _Cabot_, 295.)

"If Mr. Adams should be reëlected, I fear our constitution would be more injured by his unruly passions, antipathies, & jealousy, than by the whimsies of Jefferson." (Carroll to McHenry, Nov. 4, 1800; Steiner, 473.)

"He [Adams] has palsied the sinews of the party, and" another four years of his administration "would give it its death wound." (Bayard to Hamilton, Aug. 18, 1800; _Works_: Hamilton, vi, 457.)

[1180] McHenry to John McHenry, May 20, 1800; Gibbs, ii, 347. According to the caucus custom, two candidates were named for President, one of whom was understood really to stand for Vice-President, the Constitution at that time not providing for a separate vote for the latter officer.

[1181] "You may rely upon my co-operation in every reasonable measure for effecting the election of General Pinckney." (Wolcott to Hamilton, July 7, 1800; _Works_: Hamilton, vi, 447-48.)

"The affairs of this government will not only be ruined but ... the disgrace will attach to the federal party if they permit the re-election of Mr. Adams." (_Ib._) "In Massachusetts almost all the leaders of the first class are dissatisfied with Mr. Adams and enter heartily into the policy of supporting General Pinckney." (Hamilton to Bayard, Aug. 6, _ib._, 452 (also in _Works_: Lodge, x, 384); and see Jefferson to Butler, Aug. 11, 1800; _Works_: Ford, ix, 138.)

[1182] Hamilton to Carroll, July 1, 1800; _Works_: Lodge, x, 378; and see Hamilton to Bayard, Aug. 6, 1800; _ib._, 384.

[1183] Sedgwick to Hamilton, May 7, 1800, quoting "our friend D.[ayton] who is not perfectly right" (_Works_: Hamilton, vi, 437; and see Cabot to Hamilton, Aug. 10, 1800; _ib._, 454; also Cabot to Wolcott, July 20, 1800; Lodge: _Cabot_, 282.)

[1184] Knox to Adams, March 5, 1799; _Works_: Adams, viii, 626-27. Knox had held higher rank than Hamilton in the Revolutionary War and Adams had tried to place him above Hamilton in the provisional army in 1798. But upon the demand of Washington Knox was given an inferior rank and indignantly declined to serve. (Hildreth, v, 242-44. And see Washington to Knox, July 16, 1798; _Writings_: Ford, xiv, 43-46.) Thereafter he became the enemy of Hamilton and the ardent supporter of Adams.

[1185] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 315.

[1186] Hamilton to Adams, Aug. 1, 1800; _Works_: Lodge, x, 382, and see 390; Ames to Wolcott, Aug. 3, 1800; Gibbs, ii, 396; Wolcott to Ames, Dec. 29, 1799; _ib._, 315.

The public discussion of Adams's charge of a "British faction" against his party enemies began with the publication of a foolish letter he had written to Coxe, in May of 1792, insinuating that Pinckney's appointment to the British Court had been secured by "much British influence." (Adams to Coxe, May, 1792; Gibbs, ii, 424.) The President gave vitality to the gossip by talking of the Hamiltonian Federalists as a "British faction." He should have charged it publicly and formally or else kept perfectly silent. He did neither, and thus only enraged his foe within the party without getting the advantage of an open and aggressive attack. (See Steiner, footnote 3, to 468.)

[1187] Phelps to Wolcott, July 15, 1800; relating Noah Webster's endorsement of Adams's opinions; Gibbs, ii, 380.

[1188] Ames to Wolcott, Aug. 3, 1800; Gibbs, ii, 396.

[1189] In the summer of 1800, Jefferson dined with the President. Adams was utterly unreserved to the Republican leader. After dinner, General Henry Lee, also a guest, remonstrated with the President, who responded that "he believed Mr. Jefferson never had the ambition, or desire to aspire to any higher distinction than to be his [Adams's] first Lieutenant." (Lee to Pickering, 1802; Pickering MSS., Mass. Hist. Soc.; also partly quoted in Gibbs, ii, 366; and see Ames to Wolcott, June 12, 1800; Gibbs, ii, 368; and to King, Sept. 24, 1800; King, iii, 304.)

[1190] Ames to Pickering, Nov. 5, 1799; _Works_: Ames, i, 261.

[1191] Ames to Gore, Nov. 10, 1799; _ib._, 265.

[1192] Ames to Gore, Nov. 10, 1799; Ames, i, 268.

[1193] Cabot to Wolcott, June 14, 1800; Lodge: _Cabot_, 274.

[1194] Jefferson to Granger, Aug. 13, 1800; _Works_: Ford, ix, 138-41; and see Jefferson to Gerry, January 26, 1799; _ib._, 17-19.

[1195] "The Jacobins and the half federalists are ripe for attacking the permanent force, as expensive, and unnecessary, and dangerous to liberty." (Ames to Pickering, Oct. 19, 1799; _Works_: Ames, i, 258.)

[1196] "In my lengthy journey through this State [Pennsylvania] I have seen many, very many Irishmen and with very few exceptions, they are United Irishmen, Free Masons, and the most God-provoking Democrats on this side of Hell," who, "with the joy and ferocity of the damned, are enjoying the mortification of the few remaining honest men and Federalists, and exalting their own hopes of preferment, and that of their friends, in proportion as they dismiss the fears of the gallows.... The Democrats are, without doubt, increasing." (Uriah Tracy to Wolcott, Aug. 7, 1800; Gibbs, ii, 399.)

[1197] Huntington to Wolcott, Aug. 6, 1800; _ib._, 398.

[1198] Ames to Wolcott, June 12, 1800; _ib._, 369.

[1199] McHenry to Wolcott, July 22, 1800; Steiner, 462. "Your very wise political correspondents will tell you anything sooner than the truth. For not one of them will look for anything but profound reasons of state at the bottom of the odd superstructure of parties here. There is nothing of the kind at the bottom." (Ames to King, Aug. 19, 1800; King, iii, 294.)

[1200] The Republicans were making much political capital out of the second mission. They had "saved the country from war," they said, by forcing Adams to send the envoys: "What a roaring and bellowing did this excite among all the hungry gang that panted for blood only to obtain pelf in every part of the country." (_Aurora_, March 4, 1800.)

[1201] Goodrich to Wolcott, Aug. 26, 1800; Gibbs, ii, 412.

[1202] _Am. St. Prs., For. Rel._, ii, 325.

[1203] Republican success in the approaching election.

[1204] Marshall to Adams, July 21, 1800; Adams MSS.

[1205] Marshall to Hamilton, Aug. 23, 1800; _Works_: Hamilton, vi, 460.

[1206] A Republican victory.

[1207] Marshall to Adams, Aug. 25, 1800; Adams MSS.

[1208] Adams to Marshall, Sept. 4 and 5, 1800; _Works_: Adams, ix, 80-82.

[1209] Marshall to Adams, Sept. 17, 1800; Adams MSS. The "retrograde steps" to which Marshall refers were the modification of the French _arrêts_ and decrees concerning attacks on our commerce.

[1210] Marshall to Tinsley, Sept. 13, 1800; MS., Mass. Hist. Soc.

[1211] Marshall, ii, 438.

[1212] _Am. St. Prs., For. Rel._, ii, 342 _et seq._

[1213] Gunn to Hamilton, Dec. 18, 1800; _Works_: Hamilton, vi, 492; and Rutledge to Hamilton, Jan. 10, 1801; _ib._, 511; Ames to Gore, Nov. 10, 1799; _Works_: Ames, i, 265.

[1214] Hamilton to Sedgwick, Dec. 22, 1800; _Works_: Lodge, x, 397; also, to Morris, Dec. 24, 1800; _ib._, 398.

[1215] Marshall to Hamilton, Jan. 1, 1801; _Works_: Hamilton, vi, 502-03; and see Brown: _Ellsworth_, 314-15. The principal American demand was compensation for the immense spoliation of American commerce by the French. The treaty not only failed to grant this, but provided that we should restore the French ships captured by American vessels during our two years' maritime war with France, which, though formally undeclared, was vigorous and successful. "One part of the treaty abandons all our rights, and the other part makes us the dupes of France in the game she means to play against the maritime power of England.... We lose our honor, by restoring the ships we have taken, and by so doing, perhaps, make an implicit acknowledgment of the injustice of our hostile operations." (Rutledge to Hamilton, Jan. 10, 1801; _Works_: Hamilton, vi, 511.)

[1216] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan, 121.

[1217] Gallatin to his wife, Feb. 5, 1801; Adams: _Gallatin_, 259.

[1218] _Ib._, 254.

[1219] Ames to Gore, Dec. 29, 1800; reviewing political events of the year; _Works_: Ames, i, 286-87.

[1220] Hamilton to Wolcott, Aug. 3, 1800; _Works_: Lodge, x, 383; and Wolcott to Ames, Aug. 10, 1800; Gibbs, ii, 400.

[1221] Hamilton to Wolcott, Sept. 26, 1800; _Works_: Lodge, x, 389 (also in Gibbs, ii, 422); and see same to same, Aug. 3, 1800; _Works_: Lodge, x, 883.

[1222] Troup to King, Oct. 1, 1800; King, iii, 315.

[1223] _Aurora_, May 20, 1800.

[1224] Sedgwick to King, Sept. 26, 1800; King, iii, 309.

[1225] Ames to Hamilton, Aug. 26, 1800; _Works_: Hamilton, vi, 463; also Cabot to Hamilton, Aug. 21, 1800; ib., 458; and Aug. 23, 1800; _ib._, 460 (also in Lodge: _Cabot_, 284-88); and to Wolcott, Aug. 23, 1800; Lodge: _Cabot_, 288-89.

The local politicians were loyal to the President; Ames bitterly complains of "the small talk among the small politicians, about disrespect to the President, &c., &c." (Ames to Pickering, Nov. 23, 1799; _Works_: Ames, i, 272.)

[1226] Hamilton to Adams, Aug. 1, 1800; _Works_: Lodge, x, 382; and same to same, Oct. 1, 1800; _ib._, 390. Wolcott supplied most of the material and revised Hamilton's manuscript. (Wolcott to Hamilton, Oct. 1, 2, 1800; _Works_: Hamilton, vi, 470-71.) For entire attack see Hamilton: "Public Conduct and Character of John Adams"; _Works_: vii, 687-726 (also in _Works_: Lodge, vii, 309-65.)

[1227] Parton: _Burr_, 256-57; Davis: _Burr_, ii, 65 _et seq._

[1228] "This pamphlet has done more mischief to the parties concerned than all the labors of the _Aurora_!" (Duane to Collot; Parton: _Burr_, 258.)

[1229] "Our friends ... lamented the publication.... Not a man ... but condemns it.... Our enemies are universally in triumph.... His [Hamilton's] usefulness hereafter will be greatly lessened." (Troup to King, Nov. 9, 1800; King, iii, 331.) "All ... blame ... Mr. Hamilton." (Carroll to McHenry, Nov. 4, 1800; Steiner, 476.)

Some Federalist politicians, however, observed Hamilton's wishes. For example: "You must at all events secure to the Genr. [Pinckney] a majority in Cong., it may there be done with _safety_, his success depends on the accomplishment of this measure. You know a friend of ours who can arrange this necessary business with the utmost perfect suavity." (Dickinson to McHenry, Oct. 7, 1800; Steiner, 471.)

Again Dickinson writes of "the absolute necessity of obtaining a _majority_ (if it should only be by a _single_ vote) in Cong. to favor the man who interests us most" and hopes "Hamilton's publication ... will produce the desired effect." (Oct. 31, 1800; _ib._, 472.)

[1230] _Washington Federalist_, Nov. 29, 1800.

[1231] For instance see the _Aurora's_ editorial on women in the army, January 14, 1800; and see titles of imaginary books editorially suggested for use by the various Federalist leaders, especially Hamilton, Harper, and Gouverneur Morris, in _ib._, May 10, 1800. On August 21 it described some Federalist leaders as "completely bankrupt of character as well as fortune."

Although it did not equal the extravagance of the Republican newspapers, the Federalist press was also violent. See, for instance, a satirical poem "by an Hibernian and an Alien" in the _Alexandria Advertiser_, reprinted in the _Washington Federalist_ of February 12, 1801, of which the last verse runs:--

"With J[effer]son, greatest of men, Our President next we will dash on. Republican marriages then, And drowning boats will be in fashion. Co-alitions, tri-color we'll form 'Twixt white Men, Mulattos, and Negroes. The banks of the treasury we'll storm-- Oh! how we'll squeeze the old Quakers, _Philosophy is a fine thing_!"

The familiar campaign arguments were, of course, incessantly reiterated as: "The Government" cost only "FIVE MILLION dollars ... before the British treaty"; now it costs "FIFTEEN MILLIONS. Therefore every man who paid _one dollar_ taxes then pays _three_ dollars now." (_Aurora_, Oct. 30, 1800.)

[1232] Ames to Pickering, Nov. 5, 1799; _Works_: Ames, i, 264.

[1233] Ames to Dwight, March 19, 1801; _ib._, 294.

[1234] Webster to Wolcott, June 23, 1800; Gibbs, ii, 374.

[1235] The _Washington Federalist_, Jan. 12, 1801, charged that, in Virginia, public money was used at the election and that a resolution to inquire into its expenditures was defeated in the Legislature.

[1236] Charles Pinckney to Jefferson, Oct. 12, 1800; _Amer. Hist. Rev._, iv, 117. For election arguments and methods see McMaster, ii, 499 _et seq._

[1237] Adams to Marshall, Sept. 27, 1800; _Works_: Adams, ix, 85; and see Graydon, footnote to 362.

[1238] Adams to Marshall, Sept. 30, 1800; Adams MSS.

[1239] Marshall to Adams, without date; Adams MSS.

[1240] Adams MSS. Marshall wrote two speeches for Adams. Both are in Marshall's handwriting. The President selected and delivered the one which appears in Adams's _Works_ and in Richardson. The undelivered speech was the better, although it was written before the French treaty arrived, and was not applicable to the state of our relations with France when Congress convened. Marshall also wrote for Adams the two brief separate addresses to the Senate and the House. (_Ib._)

[1241] The original manuscripts of these speeches, in Marshall's handwriting, are in the Adams MSS. They are notable only as an evidence of Adams's confidence in Marshall at this, the most irritating period of his life.

[1242] Beard: _Econ. O. J. D._, chap. xiii.

[1243] When it was certain that Adams had been defeated, "Solon," in the _Washington Federalist_ of Jan. 9, 1801, thus eulogized him:--

"The die is cast!... Our beloved ADAMS will now close his bright career.... Immortal sage! May thy counsels continue to be our saving Angel! Retire and receive ... the ... blessings of all _good_ men....

"Sons of faction [party]! demagogues and high priests of anarchy, now have you cause to triumph. Despots and tyrants! now may you safely pronounce 'ingratitude is the common vice of all republics. Envy and neglect are the only reward of superior merit. Calumny, persecution and banishment are the laurels of the hoary patriot.'...

"... We have to contend ... for national existence. Magistrates and rulers, be firm.... Our constitution is our last fortress. Let us entrench it against every innovation. When this falls, our country is lost forever."

This editorial, as well as all political matter appearing in the _Washington Federalist_ during 1800-01, is important because of Marshall's reputed influence over that paper. (See _infra_, 541.)

At news of Jefferson's success the leading Federalist journal declared that some Republicans in Philadelphia "huzzaed until they were seized with lockjaw ... and three hundred are now drunk beyond hope of recovery. Gin and whiskey are said to have risen in price 50 per cent since nine o'clock this morning. The bells have been ringing, guns firing, dogs barking, cats meuling, children crying, and jacobins getting drunk, ever since the news of Mr. Jefferson's election arrived in this city." (_Gazette of the United States_, Feb. 19, 1801.)

[1244] At that time, the presidential electors did not vote for a Vice-President, but only for President. The person receiving the largest number of electoral votes became President and the one for whom the second largest number of votes were cast became Vice-President. When Jefferson and Burr each had seventy-three votes for President, the election was thrown into the House of Representatives.

Thus, although, in casting their ballots for electors, the people really voted for Jefferson for President and for Burr for Vice-President, the equal number of votes received by each created a situation where it was possible to defeat the will of the people. Indeed, as appears in the text, that result was almost accomplished. It was this constitutional defect that led to the Twelfth Amendment which places the election of President and Vice-President on its present basis. (See "The Fifth Wheel in our Government"; Beveridge: _Century Magazine_, December, 1909.)

[1245] Jefferson to Burr, Dec. 15, 1800; _Works_: Ford, ix, 155.

[1246] "Jefferson & Burr have each 73 votes and ... the Democrats are in a sweat." (Uriah Tracy to McHenry, Dec. 30, 1800; Steiner, 483.)

[1247] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 158.

[1248] Jefferson to Breckenridge, Dec. 18, 1800; _ib._, 157.

[1249] Hamilton to Wolcott, Dec. 16, 1800; _Works_: Lodge, x, 392.

[1250] See these letters in _ib._, 392 _et seq._; and to Bayard, Jan. 16, 1801; _ib._, 412 (also in _Works_: Hamilton, vi, 419, but misplaced and misdated).

[1251] Hindman to McHenry, Jan. 17, 1801; Steiner, 489-90; and see Carroll to Hamilton, April 18, 1800; _Works_: Hamilton, vi, 434-35.

The _Washington Federalist_, even when the balloting was in progress, thus stimulated the members of its party in the House: "_Unworthy_ will he be and consecrate his name to infamy, who ... has hitherto opposed ... Mr. Jefferson ... and shall now meanly and inconsistently lend his aid to promote it [Jefferson's election].... Will they confer on Mr. Jefferson the Federal suffrage in reward for the calumnies he has indiscriminately cast upon the Federal character; or will they remunerate him ... for the very honorable epithets of _pander, to the whore of England, 'timid men, office hunters, monocrats, speculators and plunderers'_ which he has missed no opportunity to bestow upon them." (_Washington Federalist_, Feb. 12, 1801.)

[1252] Hamilton to Wolcott, Dec. 17, 1800; _Works_: Lodge, x, 395.

[1253] Jefferson rightly attributed to Burr Republican success in the election. "He has certainly greatly merited of his country, & the Republicans in particular, to whose efforts his have given a chance of success." (Jefferson to Butler, Aug. 11, 1800; _Works_: Ford, ix, 138.)

[1254] Sedgwick to Hamilton, Jan. 10, 1800; _Works_: Hamilton, vi, 511-14; Cabot to Hamilton, Aug. 10, 1800; _ib._, 453 (also in Lodge: _Cabot_, 284); Hindman to McHenry, Jan. 17, 1801; Steiner, 489-90; Morris to Hamilton, Jan. 5, 1801; Morris, ii, 398; and same to same, Jan. 26, 1801; _ib._, 402 (also in _Works_: Hamilton, vi, 503); Carroll to McHenry, Nov. 4, 1800; Steiner, 473-76; Rutledge to Hamilton, Jan. 10, 1801; _Works_: Hamilton, vi, 510.

[1255] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan, 121.

[1256] Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 524.

[1257] Tracy to McHenry, Jan. 15, 1801; Steiner, 488-99; and see Bayard to Andrew Bayard, Jan. 26, 1801; _supra_.

[1258] Hamilton to Wolcott, Dec. 16, 1800; _Works_: Lodge, x, 392.

[1259] Wolcott to Hamilton, Dec. 25, 1800; _Works_: Hamilton, vi, 498.

[1260] See Chief Justice Ellsworth's statement of the conservative opinion of Jefferson. (Brown: _Ellsworth_, 324-25.)

[1261] Jefferson to Mazzei, April 24, 1796; _Works_: Ford, viii, 237-41. The letter as published in America, although it had undergone three translations (from English into Italian, from Italian into French, and from French into English again), does not materially differ from Jefferson's original.

It greatly angered the Federalist leaders. Jefferson calls the Federalists "an Anglican, monarchical & aristocratical party." The Republicans had "the landed interests and men of talent"; the Federalists had "the Executive, the Judiciary," the office-holders and office-seekers--"all timid men who prefer the calm of despotism to the boisterous sea of liberty, British merchants & Americans trading on British capital, speculators & holders in the banks & public funds, a contrivance invented for the purposes of corruption," etc.

Jefferson thus refers to Washington: "It would give you a fever were I to name to you the apostates who have gone over to these heresies, men who were Samsons in the field & Solomons in the council, but who have had their heads shorn by the whore England." It was this insult to Washington which Marshall resented most bitterly.

Jefferson must have known that Mazzei would probably publish this letter. Writing at Paris, in 1788, of Mazzei's appointment by the French King as "intelligencer," Jefferson said: "The danger is that he will overact his part." (Jefferson to Madison, July 31, 1788; _Works_: Ford, v, 425.)

The Republicans frankly defended the Mazzei letter; both its facts and "predictions" were correct, said the _Aurora_, which found scarcely "a line in it which does not contain something to admire for elegance of expression, striking fact, and profound and accurate penetration." (_Aurora_, May 26, 1800.)

[1262] Marshall to Hamilton, January 1, 1801; _Works_: Hamilton, vi, 501-03.

[1263] Following is a list of the annual salaries of different officers:--

President $25,000 Vice-President 5,000 Chief Justice 4,000 Associate Justices 3,500 Attorney-General 1,500 Secretary of the Treasury 3,500 Secretary of State 3,500 Secretary of War 3,000 (_Annals_, 1st Cong., 1st Sess., Appendix, 2233-38.)

[1264] At the very beginning of the movement in his favor, Burr refused to encourage it. "Every man who knows me ought to know that I disclaim all competition. Be assured that the Federalist party can entertain no wish for such a change.... My friends would dishonor my views and insult my feelings by a suspicion that I would submit to be instrumental in counteracting the wishes and expectations of the United States. And I now constitute you my proxy to declare these sentiments if the occasion shall require." (Burr to Smith, Dec. 16, 1800; _Washington Federalist_, Dec. 31, 1800.)

[1265] Pickering to King, Jan. 5, 1801; King, iii, 366.

[1266] See _Aurora_, Jan. 21, 1801.

[1267] "Lucius," of Fredericksburg, Virginia, in the _Washington Federalist_, Jan. 21, 25, and Feb. 6, 1801.

The following extracts from the first of these articles reveal the temper and beliefs of the Federalists: "Burr never _penned_ a declaration of independence; ... but he ... has _engraved that declaration_ in _capitals_ with the point of his sword: It is yet _legible_ on the _walls of Quebeck_. He has _fought_ for that _independency_, for which Mr. _Jefferson_ only _wrote_. _He_ has gallantly exposed his life in support of that declaration and for the _protection_ of its _penn-man_. He has been _liberal_ of his _blood_, _while_ Mr. _Jefferson_ has _only hazarded_ his _ink_....

"_He never shrank from the post of danger._ _He_ is _equally fitted for_ service in the _field_ and in the _public counsels_: He has been _tried_ in _both_: in the one we have seen him _an able and distinguished Senator_;--in the _other_ a _brave_ and _gallant officer_....

"_Mr. Jefferson_ is better qualified to give the description of a butterfly's wing or to write an essay on the bones of the Mammouth; ... but Mr. Burr ... in ... knowledge ... necessary to form the _great and enlightened statesman_, is _much superior_ to Mr. Jefferson....

"Mr. Burr is not ... _consecrated_ to the _French_; ... nor has he unquenchable hatred to ... Great Britain. Unlike the _penn-man_ of the declaration he feels the _full force_ of the expression, 'in _war enemies_, in _peace friends_'... Mr. Burr ... will _only_ consult _national honor_ and _national_ happiness, having no improper passions to gratify.

"Mr. Burr is ... a friend of the Constitution ... a friend of the commercial interests ... the firm and decided friend of the _navy_ ... the _Eastern_ States have had a President and Vice President; So have the _Southern_. It is proper that the _middle_ states should also be respected....

"Mr. Burr has never procured or encouraged those infamous Calumnies against those who have filled the Executive departments ... which we long have witnessed: Nor have those polluted _Sinks_, the Aurora, the Argus, the Press, the Richmond Examiner, and the like, poured forth their _impure_ and _foetid streams_ at the influence of Mr. Burr, or to subserve his vanity or his ambition.

"If Mr. Burr is elected, the _Federalists_ have nothing to _fear_.... The vile calumniators ... of all who have ... supported our government, and the _foreign incendiaries_, who, having no interest in _Heaven_, have called _Hell_ to their assistance, ... from Mr. Burr have nothing to _hope_....

"Mr. Burr can be raised to the Presidency without any _insult_ to the feelings of the Federalists, the friends of Government; ... WITHOUT an _insult_ to the _Memory_ of _our_ Washington; for it was not by Mr. _Burr_, nor was it by _his_ friends, nor to _serve him that the great, the good, the immortal_ Washington was charged with having, by his name, given a sanction to corruption, with being meanly jealous of the fame of even that contemptible wretch Tom Paine, with being an unprincipled Hypocrite and with being a foul murderer! a murderer under circumstances of such peculiar atrocity as to shock with horror the merciless savages, and to cause them indignantly to fly from his blood polluted banner!"

[1268] "John Marshall ... is the reputed author of a great part of the [rubbish] in the Washington Federalist." (Scots Correspondent [Callender] in _Richmond Examiner_, Feb. 24, 1801.) There is no proof of Callender's assertion; but some of the matter appearing in the _Washington Federalist_ is characteristic of Marshall's style and opinions. See, for instance, the editorial on the prosecution of Theodore Dwight, denouncing "party spirit" (_Washington Federalist_, March 1, 1801). The _Aurora_ of March 26, 1801, denounced "John Marshall's Federal Gazette at Washington."

[1269] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_: Hamilton, iii, 256. An article signed "Horatius" in the _Washington Federalist_ of Jan. 6, 1801, stated this position with great ability. The argument is able and convincing; and it is so perfectly in Marshall's method of reasoning and peculiar style of expression that his authorship would appear to be reasonably certain.

"Horatius's" opinion concluded that the power of Congress "is completely adequate ... to provide by law for the vacancy that may happen by the removal of both President and Vice President on the 3d of March next, and the non-election of a successor in the manner prescribed by the constitution."

[1270] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_: Hamilton, iii, 256.

[1271] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161-62.

[1272] "Hortensius" to John Marshall, Secretary of State, in the _Richmond Examiner_; reprinted in the _Aurora_, Feb. 9, 1801. George Hay, the writer of this letter, was a lawyer in Richmond. Jefferson appointed him United States Attorney for the District of Virginia, and, as such, he conducted the prosecution of Aaron Burr for treason before John Marshall, who, as Chief Justice of the United States, presided at the trial. (See vol. III of this work.)

Marshall was again attacked in two open letters, signed "Lucius," in the _Richmond Examiner_, Feb. 10, 13, 1801. His reported opinion, said "Lucius," alarmed "the active friends of freedom"; Marshall was "the Idol of his party" and knew the influence of his views: unless he publicly disclaimed the one now attributed to him, "Lucius" proposed to "unveil" Marshall's "motives" and "expose" him "uncovered to the sight of the people"--his "depravity shall excite their odium," etc. "Lucius's" attacks ended with Jefferson's election.

[1273] The paper criticized "the intemperate counsel of a certain _would be attorney-general_ of the United States (George Hay, _Esq._ of the antient dominion) ... under the signature of Hortensius, and addressed to General Marshall, in consequence of a lie fabricated against him relative to an opinion said to have been given by him upon the late presidential election, which the honorable attorney knew to be a lie as well as we did, but was fearful of being forgot, and despaired of getting a better opportunity to shew himself!!!" (_Washington Federalist_, Feb. 12, 1801.)

[1274] Jefferson to Monroe, Feb. 15, 1801; _Works_: Ford, ix, 178-79; and see Jefferson to McKean, March 9, 1801; _ib._, 206.

[1275] Jefferson to Madison, Feb. 18, 1801; _ib._, 182.

[1276] Monroe to Hoomes, Feb. 14, 1801; Monroe's _Writings_: Hamilton, iii, 259; and Monroe to Nicholas, Feb. 18, 1801; _ib._, 260.

[1277] For these incidents and reports see Gallatin to his wife, May 8, 1801; Adams: _Gallatin_, 249.

[1278] Thus, for example, the _Washington Federalist_ of Feb. 12, 1801, after the House had balloted "upwards of 30 times":--

"But say the bold and impetuous partisans of Mr. Jefferson, and that, too, _in the Teeth of the Assembled Congress of America_--'_Dare_ to designate any officer whatever, even temporarily, to administer the government in the event of a non-agreement on the part of the House of Representatives, and we will march and _dethrone him as an usurper_. _Dare_ (_in fact_) to exercise the right of opinion, and place in the presidential chair any other than the philosopher of Monticello, and ten thousand republican _swords will instantly leap from their scabbards_, in defence of the violated rights of the _People_!!!

"Can our Countrymen be caught by so flimsy a pretext?

"Can it possibly interest either their feelings or their judgment?

"Are they, then, ripe for civil war, and ready to imbrue their hands in kindred blood?

"If the tumultuous meetings of a set of factious foreigners in Pennsylvania or a few _fighting_ bacchanals of Virginia, mean the _people_, and are to dictate to the Congress of the United States whom to elect as President--if the constitutional rights of this body are so soon to become the prey of anarchy and faction--... it would be prudent to prepare for the contest: the woeful experiment if tried at all could never be tried at a more favorable conjuncture!

"With the militia of Massachusetts consisting of 70,000 (_regulars let us call them_) in arms--with those of New Hampshire and Connecticut united almost to a man, with half the number at least of the citizens of eleven other States ranged under the federal banner in support of the Constitution, what could Pennsylvania aided by Virginia--the militia of the latter untrained and farcically performing the manual exercise with _corn-stalks_ instead of muskets--... What, may it be asked, would be the issue of the struggle?"

[1279] "The means existed of electing Burr, but this required his co-operation. By deceiving one man (a great blockhead) and tempting two (not incorruptible) he might have secured a majority of the States." (Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 522-24.)

"The Federalists were confident at first, they could debauch Col. B.[urr].... His conduct has been honorable and decisive, and greatly embarrasses them." (Jefferson to his daughter, Jan. 4, 1801; _Works_: Ford, ix, 166.)

[1280] "I was enabled soon to discover that he [Burr] was determined not to shackle himself with federal principles.... When the experiment was fully made, and acknowledged upon all hands, ... that Burr was resolved not to commit himself, ... I came out ... for Jefferson." (Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 523.)

[1281] The Federalist managers were disgusted with Burr because he refused to aid them in their plot to elect him. "Burr has acted a miserable paultry part," writes Bayard. "The election was in his power, but he was determined to come in as a Democrat.... We have been counteracted in the whole business by letters he has written to this place." (Bayard to Bassett, Feb. 16, 1801; _Bayard Papers_: Donnan; 126.)

Burr had not "used the least influence" to be elected. (Bayard's Deposition; Davis: _Burr_, ii, 127.)

"_Had Burr done anything, for himself, he would, long ere this, have been President._" (Cooper to Morris, Feb. 13, 1801; Davis: _Burr_, ii, 113.)

[1282] Depositions of Bayard and Smith, in Gillespie _vs._ Smith; Randall, ii, 613-17; and Davis: _Burr_, ii, 135-37; also Baer to Bayard, April 19, 1830; _ib._, 118; and see Bayard's account; Remarks in the Senate, Jan. 31, 1835; also, Bayard to McLane, Feb. 17, 1801; _Bayard Papers_: Donnan, 126 _et seq._

In his "Anas" (_Works_: Ford, i, 392-93) Jefferson flatly denied his deal with the Federalists, and this, afterwards, provoked much controversy. It now is established that the bargain was made. See Professor McMaster's conclusion: "The price settled ... the Republicans secured ten states." (McMaster, ii, 526.)

[1283] For accounts by participants in this exciting and historic contest, see Gallatin's letters to his wife and to Nicholson from Feb. 5 to Feb. 19, 1801; Adams: _Gallatin_, 257-63; Dana to Wolcott, Feb. 11, 1801; Gibbs, ii, 489-90; Bayard to several friends, Feb. 22, 1801; _Bayard Papers_, _supra_.

[1284] Jefferson to Madison, Feb. 18, 1801; _Works_: Ford, ix, 183.

[1285] After Jefferson's election, for many days the _Washington Federalist_ carried in italics at the head of its editorial columns a sentiment characteristic of Marshall: "_May he discharge its duties in such a manner as to merit and receive the blessings of all good men and without redding the cheek of the American Patriot with blushes for his country!!!_"

[1286] Gallatin to his wife, Feb. 17, 1801; Adams: _Gallatin_, 262.

[1287] Adams to Congress, Dec. 3, 1799; _Annals_, 6th Cong., 1st Sess., 187-88; and Richardson, i, 289. Yet at this period the business of the courts was actually decreasing. (See Brown: _Ellsworth_, 198.) But the measure was demanded by the bar generally and insisted upon by the Justices of the Supreme Court. (See Gibbs, ii, 486.)

[1288] Adams to Congress, Dec. 3, 1799; as written by Marshall; Adams MSS.

[1289] Gunn to Hamilton, Dec. 13, 1800; _Works_: Hamilton, vi, 483.

[1290] The Federalist attitude is perfectly expressed in the following toast drunk at a banquet to Wolcott, attended by "the heads of departments" and the Justices of the Supreme Court: "_The Judiciary of the United States! Independent of party, independent of power and independent of popularity._" (_Gazette of the United States_, Feb. 7, 1801.)

[1291] Wolcott to Ames, Dec. 29, 1799; Gibbs, ii, 316.

[1292] _Annals_, 6th Cong., 1st Sess., Dec. 19, 837-38.

[1293] _Richmond Examiner_, Feb. 6, 1801.

[1294] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 159. The Republicans were chiefly alarmed because, in the extension of the National Judiciary, offices would be provided for Federalists. Even Jefferson then saw nothing but patronage in the Judiciary Act.

The "evident" purpose of the bill, said the _Aurora_, Feb. 4, 1801, was to "increase the influence of the present Executive and provide a _comfortable retreat_ for some of those _good federalists_ who have found it convenient to resign from their offices or been dismissed from them by the people."

In comparison to this objection little attention was paid to the more solid ground that the National Judiciary would be used to "force the introduction of the common law of England as a part of the law of the United States"; or even to the objection that, if the Judiciary was extended, it would "strengthen the system of terror by the increase of prosecutions under the Sedition law"; or to the increase of the "enormous influence" given the National Courts by the Bankruptcy Law.

The _Aurora_, March 18, 1801, sounded the alarm on these and other points in a clanging editorial, bidding "_the people beware_," for "the hell hounds of persecution may be let loose ... and the people be ROASTED into implicit acquiescence with every measure of the 'powers that be.'" But at this time it was the creation of offices that the Federalists would fill to which the Republicans chiefly objected.

[1295] Rutledge to Hamilton, Jan. 10, 1801; _Works_: Hamilton, vi, 511.

[1296] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161.

[1297] _Annals_, 6th Cong., 1st Sess., 878.

[1298] _Annals_, 6th Cong., 1st Sess., 879.

[1299] _Ib._ The person who made this absurd speech is not named in the official report.

[1300] _Ib._, 896.

[1301] _Annals_, 6th Cong., 1st Sess., 897. This curious entry is, plainly, the work of some person who wished to injure Marshall and Lee. Nicholas's motion was lost, but only by the deciding vote of the Speaker. (_Ib._) The bill, as finally passed, limited the jurisdiction of the National Courts to causes exceeding four hundred dollars. (_Ib._)

[1302] _Ib._, 900, 901, 903, and 905.

[1303] _Ib._, 734.

[1304] _Ib._, 740-41.

[1305] _Ib._, 741.

[1306] _Ib._, 742.

[1307] Adams to Jay, Dec. 19, 1800; _Works_: Adams, ix, 91.

[1308] Jay to Adams, Jan. 2, 1801; _Jay_: Johnston, iv, 284. Jay refused the reappointment because he believed the Supreme Court to be fatally lacking in power. See chap. I, vol. III, of this work.

[1309] Gunn to Hamilton, Dec. 18, 1800; _Works_: Hamilton, vi, 492.

[1310] Jefferson to Madison, Dec. 19, 1800; _Works_: Ford, ix, 159. It is impossible to imagine what this "something worse" was. It surely was not Marshall, who was in nobody's mind for the Chief Justiceship when Jay was named.

[1311] Pickering to King, Jan. 12, 1801; King, iii, 367.

[1312] Story, in Dillon, iii, 359.

[1313] Adams to William Cunningham, Nov. 7, 1808; _Cunningham Letters_, no. xiv, 44; also mentioned in Gibbs, ii, 349.

[1314] Gibbs, ii, 349, 350.

[1315] As we have seen, Marshall's "reading of the science," "fresh" or stale, was extremely limited.

[1316] Adams to Boudinot, Jan. 26, 1801; _Works_: Adams, ix, 93-94. Adams's description of Marshall's qualifications for the Chief Justiceship is by way of contrast to his own. "The office of Chief Justice is too important for any man to hold of sixty-five years of age who has wholly neglected the study of the law for six and twenty years." (_Ib._) Boudinot's "rumor" presupposes an understanding between Jefferson and Adams.

[1317] Bayard to Andrew Bayard, Jan. 26, 1801; _Bayard Papers_: Donnan, 122.

[1318] _Aurora_, Jan. 22, 1801.

[1319] It is worthy of repetition that practically all the emphasis in their attacks on this act was laid by the Republicans on the point that offices were provided for Federalists whose characters were bitterly assailed. The question of the law's enlargement of National power was, comparatively, but little mentioned; and the objections enlarged upon in recent years were not noticed by the fierce partisans of the time.

[1320] _Aurora_, Feb. 3, 1801.

[1321] _Baltimore American_; reprinted in the _Aurora_, April 2, 1801.

[1322] _Richmond Examiner_, Feb. 6, 1801.

[1323] Marshall's nomination was confirmed January 27, 1801, a week after the Senate received it. Compare with the Senate's quick action on the nomination of Marshall as Secretary of State, May 12, 1800, confirmed May 13. (Executive Journal of the Senate, iii.)

[1324] Adams to Dexter, Jan. 31, 1801; _Works_: Adams, ix, 95-96.

[1325] Marshall to Adams, Feb. 4, 1801; _ib._, 96.

[1326] Adams to Marshall, Feb. 4, 1801; _ib._, 96.

[1327] Same to same, Feb. 4, 1801; _ib._, 96-97.

[1328] Jay held both offices for six months.

[1329] Auditor's Files, Treasury Department, no. 12, 166. This fact is worthy of mention only because Marshall's implacable enemies intimated that he drew both salaries. He could have done so, as a legal matter, and would have been entirely justified in doing so for services actually rendered. But he refused to take the salary of Secretary of State.

[1330] Ames to Smith, Feb. 16, 1801; _Works_: Ames, i, 292.

[1331] Marshall to Wolcott, Feb. 24, 1801; Gibbs, ii. 495.

[1332] Wolcott to Marshall, March 2, 1801; Gibbs, ii, 496.

[1333] The irresponsible and scurrilous Callender, hard-pressed for some pretext to assail Marshall, complained of his having procured the appointment of relatives to the Judiciary establishment. "Mr. John Marshall has taken particular care of his family," writes Jefferson's newspaper hack, in a characteristically partisan attack upon Adams's judicial appointments. (Scots Correspondent, in _Richmond Examiner_, March 13, 1801.)

Joseph Hamilton Davies, a brother-in-law of Marshall's, was appointed United States Attorney for the District of Kentucky; George Keith Taylor, another brother-in-law, was appointed United States Judge of the Fourth Circuit; and Marshall's brother, James M. Marshall, was appointed Assistant Judge of the Territory (District) of Columbia. These appointments were made, however, before the new Judiciary Act was passed. (Executive Journal of the Senate, i, 357, 381, 387.) Callender appears to have been the only person to criticize these appointments. Even Jefferson did not complain of them or blame Marshall for them. The three appointees were competent men, well fitted for the positions; and their appointment, it seems, was commended by all.

[1334] Jefferson to Rush, March 24, 1801; _Works_: Ford, ix, 231.

[1335] The Republicans did so later. "This outrage on decency should not have its effect, except in life appointments [judges] which are irremovable." (Jefferson to Knox, March 27, 1801; _Works_: Ford, ix, 237.)

[1336] Parton: _Jefferson_, 585-86. Parton relates this absurd tale on the authority of Jefferson's great-granddaughter. Yet this third-hand household gossip has been perpetuated by serious historians. The only contemporary reference is in the address of John Fowler of Kentucky to his constituents published in the _Aurora_ of April 9, 1801: "This disgraceful abuse was continued to the latest hour of the President's holding his office." The "shameful abuse" was thus set forth: "It [Judiciary Law of 1801] creates a host of judges, marshalls, attorneys, clerks, &c, &c, and is calculated, if it could endure, to unhinge the state governments and render the state courts contemptible, while it places the courts of law in the hands of creatures of those who have lost the confidence of the people by their misconduct. The insidiousness of its design has been equalled only by the shameless manner of its being carried into execution. The Constitution disables any member of Congress from filling an office created during his period of service. The late President [Adams] removed persons from other branches of the Judiciary, to the offices created by this law & then put members of Congress into the thus vacated offices.... This law can be considered in no other light than as providing pensions for the principals and adherents of a party [Federalist]. The evil however will not I trust be durable and as it was founded in fraud the return of a wiser system will release the country from the shame and imposition." (Fowler to his constituents in the _Aurora_, April 9, 1801.)

[1337] Jefferson to Rush, March 24, 1801; _Works_: Ford, ix, 230-31; to Knox, March 27, 1801; _ib._, 237; to Mrs. Adams, June 13, 1804; _ib._, x, 85.

[1338] Neither Randall nor Tucker, Jefferson's most complete and detailed biographers, both partisans of the great Republican, mentions the Lincoln-Marshall story, although, if it had even been current at the time they wrote, it is likely that they would have noticed it.

[1339] Jefferson to Knox, _supra_.

END OF VOLUME II

APPENDIX

I. LIST OF CASES

ARGUED BY MARSHALL BEFORE THE COURT OF APPEALS OF VIRGINIA

_Case_ _Date_ _Reported_

Joseph Cutchin _v._ William Wilkinson Spring Term, 1797 1 Call, 1

William Fairclaim, lessee, _v._ Richardand Elizabeth Guthrie Spring Term, 1797 1 Call, 5

Cabell _et al._ _v._ Hardwick Fall Term, 1798 1 Call, 301

Hopkins _v._ Blane Fall Term, 1798 1 Call, 315

Pryor _v._ Adams Fall Term, 1798 1 Call, 332

Proudfit _v._ Murray Fall Term, 1798 1 Call, 343

Harrison _v._ Harrison, _et al._ Fall Term, 1798 1 Call, 364

Shaw _et al._ _v._ Clements Fall Term, 1798 1 Call, 373

Graves _v._ Webb Fall Term, 1798 1 Call, 385

Jones _v._ Jones Fall Term, 1798 1 Call, 396

Auditor of Public Accounts _v._ Graham Fall Term, 1798 1 Call, 411

Beverley _v._ Fogg Spring Term, 1799 1 Call, 421

Rowe _et al._ _v._ Smith Spring Term, 1799 1 Call, 423

Ritchie & Co. _v._ Lyne Spring Term, 1799 1 Call, 425

Eckhols _v._ Graham, _et al._ Spring Term, 1799 1 Call, 428

Noel _v._ Sale Spring Term, 1799 1 Call, 431

Lee _v._ Love & Co. Spring Term, 1799 1 Call, 432

Wilson _v._ Rucker Spring Term, 1799 1 Call, 435

Garlington _v._ Clutton Spring Term, 1799 1 Call, 452

Taliaferro _v._ Minor Spring Term, 1799 1 Call, 456

Hacket _v._ Alcock Spring Term, 1799 1 Call, 463

Rose _v._ Shore Spring Term, 1799 1 Call, 469

Smith _v._ Dyer Spring Term, 1799 1 Call, 488

Macon _v._ Crump Spring Term, 1799 1 Call, 500

Flemings _v._ Willis _et ux._ Fall Term, 1799 2 Call, 5

Eppes, Ex'r, _v._ DeMoville, Adm'r Fall Term, 1799 2 Call, 19

Cooke _v._ Simms Fall Term, 1799 2 Call, 33

Lawrason, Adm'r _v._ Davenport _et al._ Fall Term, 1799 2 Call, 79

Price _et al._ _v._ Campbell Fall Term, 1799 2 Call, 92

Eppes _et al._, Ex'rs, _v._ Randolph Fall Term, 1799 2 Call, 103

Taliaferro _v._ Minor Fall Term, 1799 2 Call, 156

Anderson _v._ Anderson Fall Term, 1799 2 Call, 163

Crump _et al._ _v._ Dudley _et ux._ June, 1790 3 Call, 439

Beall _v._ Edmondson June, 1790 3 Call, 446

Johnsons _v._ Meriwether July, 1790 3 Call, 454

Barrett _et al._ _v._ Floyd _et al._ July, 1790 3 Call, 460

Syme _v._ Johnston December, 1790 3 Call, 482

Ross _v._ Pynes December, 1790 3 Call, 490

Rev. John Bracken _v._ The Visitors of William and Mary College December, 1790 3 Call, 495

Hite _et al._ _v._ Fairfax _et al._ May, 1786 4 Call, 42

Pickett _v._ Claiborne October, 1787 4 Call, 99

Beall _v._ Cockburn July, 1790 4 Call, 162

Hamilton _v._ Maze June, 1791 4 Call, 196

Calvert _v._ Bowdoin June, 1791 4 Call, 217

Tabb _v._ Gregory April, 1792 4 Call, 225

Ross _v._ Gill et ux. April, 1794 4 Call, 250

White _v._ Jones October, 1792 4 Call, 253

Marshall _et al._ _v._ Clark November, 1791 4 Call, 268

Foushee _v._ Lea April, 1795 4 Call, 279

Braxton _et al._ _v._ Winslow _et al._ April, 1791 4 Call, 308

Commonwealth _v._ Cunningham & Co. October, 1793 4 Call, 331

Johnston _v._ Macon December, 1790 4 Call, 367

Hooe _v._ Marquess October, 1798 4 Call, 416

Chapman _v._ Chapman April, 1799 4 Call, 430

Mayo _v._ Bentley October, 1800 4 Call, 528

Turberville _v._ Self April, 1795 4 Call, 580

Executors of William Hunter and the Executors of Herndon _v._ Alexander Spotswood Fall Term, 1792 1 Wash. 145

Stevens _v._ Taliaferro, Adm'r Spring Term, 1793 1 Wash. 155

Kennedy _v._ Baylor Spring Term, 1793 1 Wash. 162

Baird and Briggs _v._ Blaigove, Ex'r Spring Term, 1793 1 Wash. 170

Bannister's Ex'rs _v._ Shore Spring Term, 1793 1 Wash. 173

Clayborn, Ex'r _v._ Hill Spring Term, 1793 1 Wash. 177

Anderson _v._ Bernard Spring Term, 1793 1 Wash. 186

Johnson _v._ Bourn Spring Term, 1793 1 Wash. 187

Eustace _v._ Gaskins, Ex'r Spring Term, 1793 1 Wash. 188

Wilson and McRae _v._ Keeling Fall Term, 1793 1 Wash. 195

Payne, Ex'r, _v._ Dudley, Ex'r Fall Term, 1793 1 Wash. 196

Hawkins _v._ Berkley Fall Term, 1793 1 Wash. 204

Hooe & Harrison _et al._ _v._ Mason Fall Term, 1793 1 Wash. 207

Thweat & Hinton _v._ Finch Fall Term, 1793 1 Wash. 217

Brown's Adm'r _v._ Garland _et al._ Fall Term, 1793 1 Wash. 221

Jones _v._ Williams & Tomlinson Fall Term, 1793 1 Wash. 230

Coleman _v._ Dick & Pat Fall Term, 1793 1 Wash. 233

Taylor's Adm'rs _v._ Peyton's Adm'rs Spring Term, 1794 1 Wash. 252

Smith and Moreton _v._ Wallace Spring Term, 1794 1 Wash. 254

Carr _v._ Gooch Spring Term, 1794 1 Wash. 260

Cole _v._ Clayborn Spring Term, 1794 1 Wash. 262

Shermer _v._ Shermer Fall Term, 1794 1 Wash. 266

Ward _v._ Webber _et ux._ Fall Term, 1794 1 Wash. 274

Applebury _et al._ _v._ Anthony's Ex'rs Fall Term, 1794 1 Wash. 287

Smallwood _v._ Mercer _et al._ Fall Term, 1794 1 Wash. 290

Minnis Ex'r, _v._ Philip Aylett Fall Term, 1794 1 Wash. 300

Brown's Ex'rs _v._ Putney Fall Term, 1794 1 Wash. 302

Leftwitch _et ux._ _v._ Stovall Fall Term, 1794 1 Wash. 303

Lee, Ex'r, _v._ Cooke Fall Term, 1794 1 Wash. 306

Burnley _v._ Lambert Fall Term, 1794 1 Wash. 308

Cooke _v._ Beale's Ex'rs Fall Term, 1794 1 Wash. 313

Dandridge _v._ Harris Fall Term, 1794 1 Wash. 326

Nicolas _v._ Fletcher Fall Term, 1794 1 Wash. 330

Watson & Hartshorne _v._ Alexander Fall Term, 1794 1 Wash. 340

Wroe _v._ Washington _et al._ Fall Term, 1794 1 Wash. 357

Cosby, Ex'r, _v._ Hite Fall Term, 1794 1 Wash. 365

Hewlett _v._ Chamberlayne Fall Term, 1794 1 Wash. 367

Pendleton _v._ Vandevier Fall Term, 1794 1 Wash. 381

Walden, Ex'r, _v._ Payne Fall Term, 1794 2 Wash. 1

James Roy _et al._ _v._ Muscoe Garnett Fall Term, 1794 2 Wash. 9

James Ferguson _et al._ _v._ Moore Spring Term, 1795 2 Wash. 54

Currie _v._ Donald Spring Term, 1795 2 Wash. 58

Shelton _v._ Barbour Spring Term, 1795 2 Wash. 64

Brock _et al._ _v._ Philips Spring Term, 1795 2 Wash. 68

Turner _v._ Moffett Spring Term, 1795 2 Wash. 70

Turberville _v._ Self Spring Term, 1795 2 Wash. 71

Brydie _v._ Langham Spring Term, 1795 2 Wash. 72

Bernard _v._ Brewer Fall Term, 1795 2 Wash. 76

Philip McRae _v._ Richard Woods Fall Term, 1795 2 Wash. 80

Newell _v._ The Commonwealth Fall Term, 1795 2 Wash. 88

White _v._ Atkinson Fall Term, 1795 2 Wash. 94

Martin & William Picket _v._ James Dowdall Fall Term, 1795 2 Wash. 106

Claiborne _v._ Parrish Fall Term, 1795 2 Wash. 146

Brown _et al._ _v._ Adm'r, Thomas Brown, dec'd Fall Term, 1795 2 Wash. 151

Harrison, Ex'r, _v._ Sampson Fall Term, 1795 2 Wash. 155

Harvey _et ux._ _v._ Borden Fall Term, 1795 2 Wash. 156

Lee _v._ Turberville Fall Term, 1795 2 Wash. 162

Jordan _v._ Neilson Fall Term, 1795 2 Wash. 164

Ruffin _v._ Pendleton & Courtney Spring Term, 1796 2 Wash. 184

Pearpoint _v._ Henry Spring Term, 1796 2 Wash. 192

Sarah Walker & Thomas Walker, Ex'rs, _v._ Thomas Walke[r] Spring Term, 1796 2 Wash. 195

Davenport _v._ Mason Spring Term, 1796 2 Wash. 200

Lewis Stephens _v._ Alexander White Fall Term, 1796 2 Wash. 203

Picket _v._ Morris Fall Term, 1796 2 Wash. 255

Booth's Ex'rs _v._ Armstrong Fall Term, 1796 2 Wash. 301

II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS OF THE CITIZENS OF RICHMOND, VIRGINIA

I will not, Gentlemen, attempt to describe the emotions of joy which my return to my native country, and particularly to this city, has excited in my mind; nor can I paint the sentiments of affection and gratitude towards you which my heart has ever felt, and which the kind and partial reception now given me by my fellow citizens cannot fail to increase. He only who has been ... absent from a much loved country, and from friends greatly and deservedly esteemed--whose return is welcomed with expressions, which, di[rec]ted by friendship, surpass his merits or his ho[pes,] will judge of feelings to which I cannot do justice.

The situation in which the late Envoys from [the] United States to the _French Republic_ found themselves in _Paris_ was, indeed, attended with the unpleasant circumstances which you have traced.--Removed far from the councils of their country, and receiving no intelligence concerning it, the scene before them could not fail to produce the most anxious and disquieting sensations. Neither the ambition, the power, nor the hostile temper of _France_, was concealed from them; nor could they be unacquainted with the earnest and unceasing solicitude felt by the government and people of the _United States_ for peace. But midst these difficulties, they possessed, as guides, clear and explicit instructions, a conviction of the firmness and magnanimity, as well as of the justice and pacific temper of their government, and a strong reliance on that patriotism and love of liberty, which can never cease to glow in the American bosom. With these guides, however thorny the path of duty might be, they could not mistake it. It was their duty, unmindful of personal considerations, to pursue peace with unabating zeal, through all the difficulties with which the pursuit was embarrassed by a haughty and victorious government, holding in perfect contempt the rights of others, but to repel, with unhesitating decision, any propositions, an acceptance of which would subvert the independence of the _United States_.--This they have endeavoured to do. I delight to believe that their endeavours have not dissatisfied their government or country, and it is most grateful to my mind to be assured that they receive the approbation of my fellow-citizens in _Richmond_, and its vicinity.

I rejoice that I was not mistaken in the opinion I had formed of my countrymen. I rejoice to find, though they know how to estimate, and therefore seek to avoid the horrors and dangers of war, yet they know also how to value the blessings of liberty and national independence:--They know that peace would be purchased at too high a price by bending beneath a foreign yoke, and that peace so purchased could be but of short duration. The nation thus submitting would be soon involved in the quarrels of its master, and would be compelled to exhaust its blood and its treasure, not for its own liberty, its own independence, or its own rights, but for the aggrandizement of its oppressor. The modern world unhappily exhibits but too plain a demonstration of this proposition. I pray heaven that _America_ may never contribute its still further elucidation.

Terrible to her neighbors on the continent of _Europe_, as all must admit _France_ to be, I believe that the _United States_, if indeed united, if awake to the impending danger, if capable of employing their whole, their undivided force--are so situated as to be able to preserve their independence. An immense ocean placed by a gracious Providence, which seems to watch over this rising empire, between us and the European world, opposes of itself such an obstacle to an invading ambition, must so diminish the force which can be brought to bear upon us, that our resources, if duly exerted, must be adequate to our protection, and we shall remain free if we do not deserve to be slaves.

You do me justice, gentlemen, when you suppose that consolation must be derived from a comparison of the Administration of the American Government, with that which I have lately witnessed. To a citizen of the _United States_, so familiarly habituated to the actual possession of liberty, that he almost considers it as the inseparable companion of man, a view of the despotism, which borrowing the garb and usurping the name of freedom, tyrannizes over so large and so fair a proportion of the earth, must teach the value which he ought to place on the solid safety and real security he enjoys at home. In support of these, all temporary difficulties, however great, ought to be encountered, and I agree with you that the loss of them would poison and embitter every other joy; and that deprived of them, men who aspire to the exalted character of freemen, would turn with loathing and disgust from every other comfort of life.

To me, gentlemen, the attachment you manifest to the government of your choice affords the most sincere satisfaction. Having no interests separate from or opposed to those of the people, being themselves subject in common with others, to the laws they make, being soon to return to that mass from which they are selected for a time in order to conduct the affairs of the nation, it is by no means probable that those who administer the government of the _United States_ can be actuated by other motives than the sincere desire of promoting the real prosperity of those, whose destiny involves their own, and in whose ruin they must participate. Desirable as it is at all times, a due confidence in our government, it is peculiarly so in a moment of peril like the present, in a moment when the want of that confidence must impair the means of self defence, must increase a danger already but too great, and furnish, or at least give the appearance of furnishing, to a foreign real enemy, those weapons, which have so often been so successfully used.

Accept, gentlemen, my grateful acknowledgments for your kind expressions concerning myself, and do me the justice to believe, that your prosperity, and that of the city of _Richmond_ and its vicinity, will ever be among the first wishes of my heart.

(From _Columbian Centinel_, Saturday, Sept. 22, 1798.)

III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL

VIRGINIA. Fredericksburg, Oct. 2

POLITICAL QUESTIONS

_Addressed to General_ MARSHALL _with his Answer thereto_

To J. MARSHALL, Esq.

RICHMOND, Sept. 12.

DEAR SIR,

Under a conviction that it will be of utility, should the answers to the following questions be such as I anticipate, I state them with a confidence of your readiness to give replies. They will, at all events, greatly satisfy my mind.

_1st._ Do you not in heart, and sentiment, profess yourself an American--attached to the genuine principles of the Constitution, as sanctioned by the will of the people, for their general liberty, prosperity and happiness?

_2d._ Do you conceive that the true interest and prosperity of _America_, is materially, or at all, dependent upon an alliance with any foreign nation? If you do, please state the causes, and a preference, if any exists, with the reasons for that preference.

_3d._ Are you in favor of an alliance, offensive and defensive, with _Great Britain_? In fine, are you disposed to advocate any other, or a closer connection with that nation, than exists at the ratification of the treaty of 1794? If so, please state your reasons.

_4th._ By what general principles, in your view, have the measures of our Administration and Government, in respect to _France_, been consistent with true policy or necessity? And could not the consequences have been avoided by a different line of conduct on our part?

_5th._ Are you an advocate for the Alien and Sedition Bills? Or, in the event of your election, will you use your influence to obtain a appeal of these laws?

A FREEHOLDER

(_Columbian Centinel_, Boston, Mass., Saturday, October 20, 1798.)

MARSHALL'S ANSWERS TO FREEHOLDER'S QUESTIONS

RICHMOND, Sept. 20, '98.

DEAR SIR:--

I have just received your letter of yesterday, [_sic_] and shall with equal candor and satisfaction, answer all your queries. Every citizen has a right to know the political sentiments of the man who is proposed as his representative; and mine have never been of a nature to shun examination. To those who think another gentleman more capable of serving the district than myself, it would be useless to explain my opinions because whatever my opinions may be, they will, and ought, to vote for that other; but I cannot help wishing that those who think differently, would know my real principles, and not attribute to me those I never possessed; and with which active calumny has been pleased to asperse me.

_Answ._ 1. In heart and sentiment, as well as by birth and interest, I am an American, attached to the genuine principles of the constitution, as sanctioned by the will of the people, for their general liberty, prosperity and happiness. I consider that constitution as the rock of our political salvation, which has preserved us from misery, division and civil wars; and which will yet preserve us if we value it rightly and support it firmly.

_2._ I do not think the interest and prosperity of America, at all dependent on the alliance with any foreign nation; nor does the man exist who would regret more than myself the formation of such an alliance. In truth, America has, in my opinion, no motive for forming such connection, and very powerful motives for avoiding them. Europe is eternally engaged in wars in which we have no interest; and with which the fondest policy forbids us to intermeddle.

We ought to avoid any compact which may endanger our being involved in them. My sentiments on this subject are detailed at large in the beginning of the memorial addressed by the late envoys from the United States to the minister of foreign affairs of the French Republic, where the neutrality of the United States is justified, and the reasons for that neutrality stated.

_3rd._ I am not in favor of an alliance offensive and defensive with Great Britain nor for 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. I never have, in thought, word, or deed, given the smallest reason to suspect I wished it; nor do I believe any man acquainted with me does suspect it. Those who originate and countenance such an idea, may (if they know me) design to impose on others, but they do not impose on themselves.

The whole of my politics respecting foreign nations are reducible to this single position. We ought to have commercial intercourse with all, but political ties with none. Let us buy cheap and sell as dear as possible. Let commerce go wherever individual, and consequently national interest, will carry it; but let us never connect ourselves politically with any nation whatever.

I have not a right to say, nor can I say positively, what are the opinions of those who administer the Government of the United States; but I believe firmly that neither the President, nor any one of those with whom he advises, would consent to form a close and permanent political connection with any nation upon earth.

Should France continue to wage an unprovoked war against us, while she is also at war with Britain, it would be madness and folly not to endeavor to make such temporary arrangements as would give us the aid of the British fleets to prevent our being invaded; but I would not, even to obtain so obvious a good, make such a sacrifice as I think we should make, by forming a permanent political connection with that, or any other nation on earth.

_4th._ The measures of the administration and government of the United States with respect to France have in my opinion been uniformly directed by a sincere and unequivocal desire to observe, faithfully, the treaties existing between the two nations and to preserve the neutrality and independence of our country.--Had it been possible to maintain peace with France without sacrificing those great objects, I am convinced that our government would have maintained it.

Unfortunately it has been impossible. I do not believe that any different line of conduct on our part, unless we would have relinquished the rights of self government, and have become the colonies of France, could have preserved peace with that nation.--But be assured that the primary object of France is and for a long time past has been, dominion over others. This is a truth only to be disbelieved by those who shut their eyes on the history and conduct of that nation.

The grand instruments by which they effect this end, to which all their measures tend, are immense armies on their part, and divisions, which a variety of circumstances have enabled them to create, among those whom they wish to subdue. Whenever France has exhibited a disposition to be just toward the United States, an accurate attention to facts now in possession of the public, will prove that this disposition was manifest in the hope of involving us in her wars, as a dependent and subordinate nation.

_5th._ I am not an advocate for the alien and sedition bills; had I been in Congress when they passed, I should, unless my judgment could have been changed, certainly have opposed them. Yet, I do not think them fraught with all those mischiefs which many gentlemen ascribe to them. I should have opposed them because I think them useless; and because they are calculated to create unnecessary discontents and jealousies at a time when our very existence, as a nation, may depend on our union--

I believe that these laws, had they been opposed on these principles by a man, not suspected of intending to destroy the government, or being hostile to it, would never have been enacted. With respect to their repeal, the effort will be made before I can become a member of Congress.

If it succeeds there will be an end of the business--if it fails, I shall on the question of renewing the effort, should I be chosen to represent the district, obey the voice of my constituents. My own private opinion is, that it will be unwise to renew it for this reason: the laws will expire of themselves, if I recollect rightly the time for which they are enacted, during the term of the ensuing Congress. I shall indisputably oppose their revival; and I believe that opposition will be more successful, if men's minds are not too much irritated by the struggle about a repeal of laws which will, at the time, be expiring of themselves.

J. MARSHALL.

(From _Times and Virginia Advertiser_, Alexandria, Va., Oct. 11, 1798.)

WORKS CITED IN THIS VOLUME

WORKS CITED IN THIS VOLUME

_The material given in parentheses and following certain titles indicates the form in which those titles have been cited in the footnotes._

ADAMS, CHARLES FRANCIS, _editor_. _See_ Adams, John. Works.

ADAMS, HENRY. The Life of Albert Gallatin. Philadelphia. 1879. (Adams: _Gallatin_.)

_See also_ Gallatin, Albert. Writings.

ADAMS, JOHN. Works. Edited by Charles Francis Adams. 10 vols. Boston. 1856. (_Works_: Adams.)

---- Old Family Letters. Copied from the originals for Alexander Biddle. Philadelphia. 1892. (_Old Family Letters._)

---- Correspondence between the Honorable John Adams, late President of the United States, and the late William Cunningham. Boston. 1823. (_Cunningham Letters._)

_See also_ Wood, John. History of Administration of John Adams.

ADAMS, JOHN QUINCY. Writings. Edited by Worthington Chauncey Ford. 5 vols. New York. 1913. (_Writings, J. Q. A._: Ford.)

ALLEN, GARDNER WELD. Our Naval War with France. Boston. 1909. (Allen: _Our Naval War With France_.)

---- Our Navy and the Barbary Corsairs. Boston. 1905. (Allen: _Our Navy and the Barbary Corsairs_.)

AMBLER, CHARLES HENRY. Sectionalism in Virginia, from 1776 to 1861. Chicago. 1910. (Ambler.)

_American Historical and Literary Curiosities._ _See_ Smith, John Jay, and Watson, John Fanning, _joint editors_.

_American Historical Review._ Managing editor, J. Franklin Jameson. Vols. 1-21. New York. 1896-1916. (_Amer. Hist. Rev._)

_American Remembrancer, The_; or An Impartial Collection of Essays, Resolves, Speeches, &c., Relative, or Having Affinity to, the Treaty with Great Britain. 3 vols. Philadelphia. 1795. (_American Remembrancer._)

_American State Papers._ Documents, Legislative and Executive, of Congress of the United States. Selected and Edited under the Authority of Congress. 38 vols. Washington, D.C. 1832-61. [All citations in this work are from Foreign Relations, Class I, unless otherwise stated in the notes.] (_Am. St. Prs._)

AMES, FISHER. Works, from his Speeches and Correspondence. Edited by his son, Seth Ames. 2 vols. Boston. 1854. (_Works_: Ames.)

ANDERSON, DICE ROBINS. William Branch Giles: A Study in the Politics of Virginia and the Nation from 1790 to 1830. Menasha, Wisconsin. 1914. (Anderson.)

AUSTIN, JAMES T. The Life of Elbridge Gerry, with Contemporary Letters. 2 vols. Boston. 1828-29. (Austin: _Gerry_.)

AVERY, ELROY MCKENDREE. A History of the United States and its people. 7 vols. Cleveland. 1904-10. (Avery.)

BASSETT, JOHN SPENCER. The Federalist System, 1789-1801. [Volume 2 of The American Nation.] New York. 1906. (Bassett.)

BAYARD, JAMES A. Papers, from 1796 to 1815. Edited by Elizabeth Donnan. Washington. 1915. [Volume 2 of _Annual Report of the American Historical Association_ for 1913.] (_Bayard Papers_: Donnan.)

BEARD, CHARLES A. An Economic Interpretation of the Constitution of the United States. New York. 1913. (Beard: _Econ. I. C._)

---- Economic Origins of Jeffersonian Democracy. New York. 1915. (Beard: _Econ. O. J. D._)

BEAUMARCHAIS, PIERRE AUGUSTIN CARON DE. Beaumarchais et son temps. _See_ Loménie, Louis de.

BEE, THOMAS. Reports of Cases Decided in the District Court of South Carolina and Cases Determined in Other Districts of the United States. Philadelphia. 1810. (Bee's _Reports_.)

BENTON, THOMAS HART. _See_ United States. Congress. Abridgment of the Debates.

BINNEY, HORACE. Eulogy on John Marshall, reprinted. _See_ Dillon, John F.

BLENNERHASSETT, CHARLOTTE JULIA [VON LEYDEN], _Lady_. Talleyrand. By Lady Blennerhassett (Gräfin Leyden). Translated from the German by Frederick Clarke. 2 vols. London. 1894. (Blennerhassett: _Talleyrand_.)

BONAPARTE, NAPOLEON. Life. _See_ Sloane, William Milligan.

_Also see_ Lanfrey, Pierre. History of Napoleon First.

BRACKENRIDGE, HENRY M. History of the Western Insurrection in Pennsylvania, commonly called the Whiskey Insurrection, 1794. Pittsburgh. 1859. (Brackenridge: _History of the Western Insurrection_.)

BRANCH, JOHN P. Historical Papers, issued by the Randolph-Macon College, Ashland, Virginia. Richmond. 1901. (_Branch Historical Papers._)

BRISSOT DE WARVILLE, JEAN PIERRE. New Travels in the United States of America, performed in 1788. Dublin. 1792. (De Warville.)

BROGLIE, _Duc_ DE, _editor_. _See_ Talleyrand, Prince de. Memoirs.

BROWN, WILLIAM GARROTT. The Life of Oliver Ellsworth. New York. 1905. (Brown: _Ellsworth_.)

BURK, JOHN DALY. The History of Virginia, from its First Settlement to the Present Day. Continued by Skelton Jones and Louis Hue Girardin. 4 vols. Richmond. 1804-16. (Burk.)

BURKE, EDMUND. Works, with a Memoir. 3 vols. New York. 1849. (_Works_: Burke.)

BURR, AARON. Memoirs. _See_ Davis, Matthew L.

_Also see_ Parton, James. Life and Times of Aaron Burr.

CABOT, GEORGE. _See_ Lodge, Henry Cabot. Life and Letters of George Cabot.

_Calendar of Virginia State Papers and Other Manuscripts._ Preserved in the Capitol at Richmond. Vols. 1-11. Richmond. 1875-93. (_Cal. Va. St. Prs._)

CALLENDER, JOHN THOMAS. The Prospect Before Us. Richmond. 1800. (Callender: _The Prospect Before Us_.)

CHANNING, EDWARD. A History of the United States. [Vols. 1-3.] New York. 1912-16. (Channing.)

CHASTELLUX, _Marquis_ F. J. DE. Travels in North America in the years 1780-81-82. New York. 1828. (Chastellux.)

CHRISTIAN, WILLIAM ASBURY. Richmond, Her Past and Present. Richmond. 1912. (Christian.)

COBBETT, WILLIAM. Porcupine's Works, 1783 to 1801. 12 vols. London. 1801. (Cobbett.)

CONWAY, MONCURE DANIEL. Omitted Chapters of History, disclosed in the Life and Papers of Edmund Randolph. New York. 1888. (Conway.)

_Also see_ Paine, Thomas. Writings.

COXE, TENCH. An Examination of the Conduct of Great Britain Respecting Neutrals. Philadelphia. 1807. (Coxe: _An Examination of the Conduct of Great Britain Respecting Neutrals_.)

CUNNINGHAM, WILLIAM. _See_ Adams, John. Correspondence.

DALLAS, A. J. _See_ United States. Supreme Court Reports.

DAVIS, JOHN. Travels of Four Years and a half in the United States of America. 1798-1802. London. 1803. (Davis.)

DAVIS, MATTHEW L. Memoirs of Aaron Burr, with miscellaneous selections from his correspondence. 2 vols. New York. 1838. (Davis: _Burr_.)

_Dedham [Mass.] Historical Register._ Vols. 1-14. Dedham Historical Society, Dedham, Mass. 1890-1903. (_Dedham Historical Register._)

DE WARVILLE. _See_ Brissot de Warville, Jean Pierre.

DILLON, JOHN F., _compiler_. John Marshall, Life, Character, and Judicial Services. (Including the Classic Orations of Binney, Story, Phelps, Waite, and Rawle.) 3 vols. Chicago. 1903. (Story, in Dillon; and Binney, in Dillon.)

DODD, WILLIAM E. Statesmen of the Old South, or From Radicalism to Conservative Revolt. New York. 1911. (Dodd.)

DONNAN, ELIZABETH, _editor_. _See_ Bayard, James A. Papers.

ECKENRODE, H. J. The Revolution in Virginia. Boston. 1916. (Eckenrode: _R. V._)

---- Separation of Church and State in Virginia. A Study in the Development of the Revolution. Richmond. 1910. [Special Report of the Department of Archives and History of the Virginia State Library.] (Eckenrode: _S. of C. and S._)

ELLSWORTH, _Chief Justice_ OLIVER. Life. _See_ Brown, William Garrott.

FINDLEY, WILLIAM. History of the Insurrection, in the Four Western Counties of Pennsylvania, in the year 1794. Philadelphia. 1796. (Findley: _History of the Western Insurrection_.)

FLANDERS, HENRY. The Lives and Times of the Chief Justices of the Supreme Court of the United States. 2 vols. Philadelphia. 1881. (Flanders.)

FORD, PAUL LEICESTER, _editor_. _See_ Jefferson, Thomas. Works.

FORD, WORTHINGTON CHAUNCEY, _editor_. _See_ Jefferson, Thomas. Correspondence.

_Also see_ Washington, George. Writings. And _see also_ Adams, John Quincy. Writings. _Also see_ Vans Murray, William. Letters.

FRENEAU, PHILIP. Poems of Philip Freneau. Edited by Fred Lewis Pattee. 3 vols. Princeton. 1902-07. (Freneau.)

FUNCK-BRENTANO, FRANTZ. Legends of the Bastille, translated by George Maidment. London. 1899. (Funck-Brentano: _Legends of the Bastille_.)

GALLATIN, ALBERT. Writings. Edited by Henry Adams. 3 vols. Philadelphia. 1879. (Gallatin's _Writings_: Adams.)

_See also_ Adams, Henry. Life of Albert Gallatin.

GARLAND, HUGH A. Life of John Randolph of Roanoke. 2 vols. New York. 1851. (Garland: _Randolph_.)

GAY, SYDNEY HOWARD. James Madison. [American Statesmen Series.] Boston. 1895.

GIBBS, GEORGE, _editor_. _See_ Wolcott, Oliver. Memoirs of the Administrations of Washington and John Adams. (Gibbs.)

GILMAN, DANIEL C. James Monroe, in his Relations to the Public Service During Half a Century. 1776 to 1826. [American Statesmen Series.] Boston. 1895.

GILMER, FRANCIS WALKER. Sketches, Essays, and Translations. Baltimore. 1828. (Gilmer.)

GRAYDON, ALEXANDER. Memoirs of His Own Time, with Reminiscences of the Men and Events of the Revolution. Edited by John Stockton Littell. Philadelphia. 1846. (Graydon.)

_Green Bag, The_; an Entertaining Magazine for Lawyers. Edited by Horace W. Fuller. Vols. 1-26. Boston. 1889-1914. [After 1914 consolidated with _The Central Law Journal_.] (_Green Bag._)

GRIGSBY, HUGH BLAIR. The History of the Virginia Federal Convention of 1788. Virginia Historical Society. Richmond. 1815. [Volume 1 is volume 9, new series. Volume 2 is volume 10, new series.] (Grigsby.)

HAMILTON, ALEXANDER. Works. Edited by John C. Hamilton. 7 vols. New York. 1851. (_Works_: Hamilton.)

---- Works. Edited by Henry Cabot Lodge. [Federal Edition.] 12 vols. New York. 1904. (_Works_: Lodge.)

HAMILTON, JOHN C., _editor_. History of the Republic of the United States, as traced in the Writings of Alexander Hamilton and his Contemporaries. 6 vols. New York. 1857-60. (Hamilton: _History of the Republic_.)

_See also_ Hamilton, Alexander. Works.

HAMILTON, STANISLAUS MURRAY, _editor_. _See_ Monroe, James. Writings.

HAZEN, CHARLES DOWNER. Contemporary American Opinion of the French Revolution. Baltimore. 1897. (Hazen.)

HENING, WILLIAM WALLER. _See_ Virginia. Laws.

HENRY, PATRICK. Life, Correspondence, and Speeches. Edited by William Wirt Henry. 3 vols. New York. 1891. (Henry.)

_See also_ Wirt, William. Sketches of Life and Character of Patrick Henry.

HENRY, WILLIAM WIRT, _editor_. _See_ Henry, Patrick. Life, Correspondence, and Speeches.

HILDRETH, RICHARD. History of the United States. 6 vols. New York. 1854-55. (Hildreth.)

_Historical Magazine and Notes and Queries Concerning the Antiquities, History, and Biography of America._ [1st Series.] Vols. 1-10. New York. 1857-75. (_Hist. Mag._)

HOWE, HENRY. Historical Collections of Virginia. Charleston, S.C. 1845. (Howe.)

HUDSON, FREDERIC. Journalism in the United States from 1690 to 1872. New York. 1873. (Hudson: _Journalism in the United States_.)

HUNT, GAILLARD, _editor_. _See_ Madison, James. Writings.

_Interesting State Papers_, from President Washington, M. Fauchet, and M. Adet, etc.; quoted by Edmund Randolph, Secretary of State, in his Defense of his Resignation of that Office. Philadelphia. 1796. (_Interesting State Papers._)

IREDELL, JAMES. _See_ McRee, Griffith J. Life and Correspondence of James Iredell.

JAY, JOHN. Correspondence and Public Papers. Edited by Henry P. Johnston. 4 vols. New York. 1890. (_Jay_: Johnston.)

JEFFERSON, THOMAS. Works. Edited by Paul Leicester Ford. Federal Edition. 12 vols. New York. 1904. (_Works_: Ford.)

_See_ Morse, John T. Thomas Jefferson. _And see_ Randall, Henry S. Life of Thomas Jefferson. _Also see_ Tucker, George. Life of Thomas Jefferson. _And see_ Parton, James. Life of Thomas Jefferson.

JOHNSTON, HENRY P., _editor_. _See_ Jay, John. Correspondence and Public Papers.

JOHNSTON, MARY. Lewis Rand. Boston. 1908.

JONES, HUGH. The Present State of Virginia. London. 1724. (Jones.)

KENNEDY, JOHN P. Memoirs of the Life of William Wirt. 2 vols. Philadelphia. 1860. (Kennedy.)

KING, CHARLES R., _editor_. _See_ King, Rufus. Life and Correspondence.

KING, RUFUS. Life and Correspondence. Edited by Charles R. King. 6 vols. New York. 1894. (King.)

LANCASTER, ROBERT A., JR. Historic Virginia Homes and Churches, with 316 Illustrations. Philadelphia. 1915.

LANFREY, PIERRE. The History of Napoleon the First. 4 vols. London. 1871-79. (Lanfrey: _Napoleon_.)

LA ROCHEFOUCAULD-LIANCOURT, FRANÇOIS ALEXANDRE FRÉDÉRIC, _Duc_ DE. Travels through the United States of North America. 4 vols. London. 1800. (La Rochefoucauld.)

_Lippincott's Monthly Magazine._ A Popular Journal of General Literature. [1st Series.] Vols. 1-62. Philadelphia. 1868-98. (_Lippincott's Magazine._)

LODGE, HENRY CABOT. Life and Letters of George Cabot. Boston. 1878. (Lodge: _Cabot_.)

---- George Washington. 2 vols. Boston. 1889. [American Statesmen.] (Lodge: _Washington_.)

_See also_ Hamilton, Alexander. Works.

LOLIÉE, FRÉDÉRIC. Prince Talleyrand and His Times. Adapted by Bryan O'Donnell. London. 1911. (Loliée: _Talleyrand and His Times_.)

LOMÉNIE, LOUIS DE. Beaumarchais et son temps. 2 vols. Paris. 1856. (Loménie: _Beaumarchais et son temps_.)

LORING, JAMES SPEAR. The Hundred Boston Orators. Boston. 1855. (Loring: _Hundred Boston Orators_.)

_Louisiana Law Journal._ Edited by Gustavus Schmidt. [1 vol.] New Orleans. 1841-42.

LYMAN, THEODORE, JR. The Diplomacy of the United States. 2 vols. Boston. 1828. (Lyman: _Diplomacy of the United States_.)

MACCABE, JOSEPH. Talleyrand, A Biographical Study. London. 1906. (MacCabe: _Talleyrand_.)

MCHENRY, JAMES. Life and Correspondence. _See_ Steiner, Bernard C.

MCMASTER, JOHN BACH. A History of the People of the United States. 8 vols. New York. 1914. (McMaster.)

MCREE, GRIFFITH, J. Life and Correspondence of James Iredell. 2 vols. New York. 1857. (McRee.)

MADISON, JAMES. Writings. Edited by Gaillard Hunt. 9 vols. New York. 1900. (_Writings_: Hunt.)

_See also_ Rives, William C. History of Life and Times. _And see_ Gay, Sydney Howard. James Madison.

MARSHALL, HUMPHREY. The History of Kentucky. 2 vols. Frankfort. 1824. (Humphrey Marshall.)

MARSHALL, JOHN. Autobiography. _See_ Smith, John Jay _and_ Watson, John Fanning, _joint editors_. American Historical and Literary Curiosities. (_Autobiography._)

---- Same. In National Portrait Gallery of Eminent Americans. Paintings by Alonzo Chappel, and Biographical and Historical Narratives by Evert A. Duyckinck. 2 vols. New York. 1862.

---- Same, reprinted. _See_ Dillon, John F.

---- Life of George Washington. [1st Edition.] 5 vols. Philadelphia. 1805. [2d Edition.] 2 vols. Philadelphia. 1840. [The 2d Edition is cited in this work unless otherwise stated in the notes.] (Marshall.)

_See also_ Thayer, James Bradley. John Marshall. _And see_ Flanders, Henry. Lives of the Chief Justices. _Also see_ Van Santvoord, George. Sketches of the Lives of the Chief-Justices.

MASON, GEORGE. Life. _See_ Rowland, Kate Mason.

_Massachusetts Historical Society._ Collections. [Series vii.] Vols. 1-10. Boston. 1792-1915. (Mass. Hist. Soc. Coll.)

MEADE, _Bishop_ WILLIAM. Old Churches, Ministers, and Families of Virginia. 2 vols. Richmond. 1910. (Meade.)

MONROE, JAMES. Writings. Edited by Stanislaus Murray Hamilton. 7 vols. [Unfinished work.] New York. 1898-1903. (Monroe's _Writings_: Hamilton.)

MOORE, FRANK. American Eloquence, A Collection of Speeches and Addresses by the most Eminent Orators of America. 2 vols. New York. 1857. (Moore: _American Eloquence_.)

MORDECAI, SAMUEL. Richmond in By-Gone Days, Being Reminiscences of An Old Citizen. Richmond. 1856. (Mordecai.)

MORISON, SAMUEL ELIOT. The Life and Letters of Harrison Gray Otis, Federalist, 1765-1848. 2 vols. Boston. 1913. (Morison.)

MORRIS, GOUVERNEUR. Diary and Letters. Edited by Anne Cary Morris. 2 vols. London. 1889. (Morris.)

MORRIS, ROBERT. _See_ Oberholtzer, Ellis Paxton. Robert Morris.

MORSE, JOHN T. Thomas Jefferson. Boston. 1795. [American Statesmen.] (Morse.)

MUNFORD, GEORGE WYTHE. The Two Parsons; Cupid's Sports; The Dream; and the Jewels of Virginia. Richmond. 1884. (Munford.)

_New Jersey Historical Society._ Proceedings. Vols. 1-10. Newark. 1847-1905. (_Proc._, N.J. Hist. Soc.)

_North American Review._ Vols. 1-202. Boston. 1815-1915.

OBERHOLTZER, ELLIS PAXTON. Robert Morris, Patriot and Financier. New York. 1903. (Oberholtzer.)

OTIS, HARRISON GRAY. Life and Letters. _See_ Morison, Samuel Eliot.

PAINE, ROBERT TREAT, JR. Works, in Verse and Prose, with Sketches of His Life, Character, and Writings. Boston. 1812. (_Works of Robert Treat Paine._)

PAINE, THOMAS. Writings. Edited by Moncure Daniel Conway. 4 vols. New York. 1894-96. (_Writings_: Conway.)

PARTON, JAMES. The Life and Times of Aaron Burr. [Fourteenth Edition.] New York. 1861. (Parton: _Burr_.)

---- Life of Thomas Jefferson. Boston. 1874.

PAULDING, JAMES K. A Life of Washington. 2 vols. 1835. [Harper's Family Library. Stereotype Edition, 1836.] (Paulding.)

PAXTON, WILLIAM M. The Marshall Family, or a Genealogical Chart of the Descendants of John Marshall and Elizabeth Markham. Cincinnati. 1885. (Paxton.)

PECQUET DU BELLET, LOUISE. Some Prominent Virginia Families. 4 vols. Lynchburg, Va. 1909. (Pecquet du Bellet.)

_Pennsylvania Magazine of History and Biography._ Published by the Historical Society of Pennsylvania. Vols. 1-40. Philadelphia. 1877-1916. (_Pa. Mag. Hist. and Biog._)

PERKINS, JAMES BRECK. France in the American Revolution. Boston. 1911. (Perkins: _France in the American Revolution_.)

PICKERING, OCTAVIUS. Life of Timothy Pickering, by his son and continued by Charles W. Upham. 4 vols. Boston. 1867-73. (Pickering: _Pickering_.)

PICKERING, TIMOTHY. Life. _See_ Pickering, Octavius.

RANDALL, HENRY S. Life of Thomas Jefferson. 3 vols. New York. 1858. (Randall.)

RANDOLPH, EDMUND. Life and Papers. _See_ Conway, Moncure Daniel.

RANDOLPH, JOHN. Life. _See_ Garland, Hugh A.

RICHARDSON, JAMES D. A Compilation of the Messages and Papers of the Presidents. 1789-1897. 10 vols. Washington, D.C. 1896-99. (Richardson.)

RIVES, WILLIAM C. The History of the Life and Times of James Madison. 3 vols. Boston. 1859. (Rives.)

ROWLAND, KATE MASON. Life of George Mason. 2 vols. New York. 1892. (Rowland.)

SCHMIDT, GUSTAVUS, _editor_. _See_ Louisiana Law Journal.

SCHOEPF, JOHANN DAVID. Travels in the Confederation, 1783-1784. Translated and edited by Alfred J. Morrison. 2 vols. Philadelphia. 1911. (Schoepf.)

SCHOULER, JAMES. History of the United States of America under the Constitution. 1783-1877. 7 vols. Washington, D.C. 1895-1913. (Schouler.)

SCOTT, JOHN, of Fauquier County, Va. The Lost Principle. By "Barbarossa" [_pseud._]. Richmond. 1860. (Scott.)

SLOANE, WILLIAM MILLIGAN. Life of Napoleon Bonaparte. 4 vols. New York. 1796-1897. (Sloane: _Life of Napoleon_.)

SMITH, JOHN JAY, _and_ WATSON, JOHN FANNING, _joint editors_. _American Historical and Literary Curiosities._ New York. 1852. (_Am. Hist. and Lit. Curiosities._)

_Southern Literary Messenger._ Vols. 1-38. New York and Washington. 1834-64.

SPARKS, JARED. Correspondence of the American Revolution [being letters of eminent men to George Washington]. 4 vols. Boston. 1853. (_Cor. Rev._: Sparks.)

_See also_ Washington, George. Writings.

STEINER, BERNARD C. The Life and Correspondence of James McHenry. Cleveland. 1907. (Steiner.)

STORY, JOSEPH. Discourse on John Marshall, reprinted.

_See_ Dillon, John F. _Also see_ Story, William Wirt.

STORY, WILLIAM WIRT. Life and Letters of Joseph Story. 2 vols. Boston. 1851. (Story.)

TALLEYRAND-PÉRIGORD, CHARLES MAURICE DE, _Prince_ DE BÉNEVÉNT. Memoirs. Edited by the Duc de Broglie. 5 vols. New York. 1891. (_Memoirs of Talleyrand_: Broglie's Ed.)

---- Memoirs. [Edited] by [---- Stewarton] the author of the Revolutionary Plutarch. 2 vols. London. 1805. (_Memoirs of Talleyrand_: Stewarton.)

_See_ Loliée, Frédéric. Talleyrand and His Times. _Also see_ Blennerhassett, Charlotte Julia, _Lady_. Talleyrand. _And see_ MacCabe, Joseph. Life.

THAYER, JAMES BRADLEY. John Marshall. Boston. 1904. [Riverside Biographical Series, No. 9.] (Thayer.)

THOMPSON, JOHN, of Petersburg, Virginia. The Letters of Curtius. Richmond. 1804. (Thompson: _Letters of Curtius_.)

TICKNOR, ANNA, _and_ HILLARD, GEORGE S., _joint editors_. _See_ Ticknor, George. Life, Letters, and Journals.

TICKNOR, GEORGE. Life, Letters, and Journals. Edited by Anna Ticknor and George S. Hillard. 2 vols. Boston. 1876. (Ticknor.)

TUCKER, GEORGE. Life of Thomas Jefferson. 2 vols. Philadelphia. 1837. (Tucker.)

_United States._ Congress. Debates and Proceedings in the Congress of the United States. [1st Congress, 1st Session, to 18th Congress, 1st Session; Mar. 3, 1789 to May 27, 1824.] 41 vols. Washington, D.C. 1834-56.

---- Benton, Thomas Hart. Abridgment of the Debates of Congress from 1789 to 1856. 16 vols. New York. 1857-61.

UNITED STATES. State Trials. State Trials of the United States during the Administrations of Washington and Adams. By Francis Wharton. Philadelphia. 1849. (Wharton: _State Trials_.)

UNITED STATES. Supreme Court Reports. Dallas, A. J. Reports of the Cases Ruled and Adjudged in the Courts of Pennsylvania before and since the Revolution. Philadelphia. 4 vols. 1806-07.

VAN SANTVOORD, GEORGE. Sketches of the Lives and Judicial Services of the Chief-Justices of the Supreme Court of United States. New York. 1854. (Van Santvoord.)

VAN TYNE, CLAUDE HALSTEAD. The Loyalists in the American Revolution. New York. 1902.

VANS MURRAY, WILLIAM. Letters to John Quincy Adams, 1797-1803. Edited by Worthington Chauncey Ford. [Reprinted from the _Annual Report of the American Historical Association_ for 1912, pp. 341-715.] Washington. 1914. (_Letters_: Ford.)

VIRGINIA. House of Delegates. Journal of the Virginia House of Delegates. 1776-1916. Now in the Archives of the Virginia State Library. (Journal, H.D.)

VIRGINIA. Laws. Hening, William Waller. The Statutes at Large. Being a Collection of the Laws of Virginia from 1619 to 1808. 13 vols. New York. 1819-23. (Hening.)

VIRGINIA. Laws. Revised Code, of the Laws of Virginia, being a Collection of all such Acts of the General Assembly. [By William Waller Hening.] 2 vols. Richmond. 1819. (Laws of Virginia, Revised Code, 1819.)

VIRGINIA. Law Reports. Call, Daniel. Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia. 6 vols. Richmond. 1824-33. (Call.)

VIRGINIA. Law Reports. Washington, Bushrod. Reports of Cases Argued and Determined in the Court of Appeals of Virginia. 2 vols. Richmond. 1798-99.

_Virginia Magazine of History and Biography._ Published by the Virginia Historical Society. Vols. 1-24. Richmond. 1893-1916. (_Va. Mag. Hist. and Biog._)

VON HOLST, H. The Constitutional and Political History of the United States, by Dr. H. von Holst. [Translated from the German by John J. Lalor, and Alfred B. Mason.] 7 vols. Chicago. 1876. (Von Holst: _Constitutional History of the United States_.)

WARVILLE. _See_ Brissot de Warville.

WASHINGTON, BUSHROD. _See_ Virginia. Law Reports.

WASHINGTON, GEORGE. Diary from 1789 to 1791. Edited by Benson J. Lossing. New York. 1860. (Washington's _Diary_: Lossing.)

---- Writings. Edited by Worthington Chauncey Ford. 14 vols. New York. 1889-93. (_Writings_: Ford.)

---- Writings. Edited by Jared Sparks. 12 vols. Boston. 1834-37. (_Writings_: Sparks.)

_And_ Lodge, Henry Cabot. George Washington. _Also_ Marshall, John. Life of George Washington. _Also see_ Paulding, James K. Life of Washington.

WASHINGTON, H. A., _editor_. _See_ Jefferson, Thomas. Writings.

WATSON, JOHN FANNING. Annals of Philadelphia and Pennsylvania, In the Olden Time. 3 vols. Philadelphia. 1877-79. (Watson: _Annals of Philadelphia_.)

WELD, ISAAC. Travels Through the States of North America, and the Provinces of Upper and Lower Canada During the Years 1795, 1796, and 1797. [3d Edition.] 2 vols. London. 1800. (Weld.)

WHARTON, FRANCIS. _See_ United States. State Trials.

WIRT, WILLIAM. The Letters of the British Spy. [9th Edition.] Baltimore. 1831. (Wirt: _British Spy_.)

---- Sketches of the Life and Character of Patrick Henry. Philadelphia. 1818. (Wirt.)

_See_ Kennedy, John P. Memoirs of William Wirt.

WISE, JOHN SERGEANT. The End of An Era. Boston. 1899. (Wise: _The End of An Era_.)

WOLCOTT, OLIVER. Memoirs of the Administrations of Washington and John Adams. Edited from the papers of Oliver Wolcott, by George Gibbs. 2 vols. New York. 1846. (Gibbs.)

WOOD, JOHN. History of Administration of John Adams, Esq. Late President of the United States. New York. 1802. (Wood.)

* * * * *

Transcriber's Notes:

1. Passages in italics are surrounded by _underscores_.

2. Obvious errors in spelling and punctuation have been corrected.

3. Footnotes have been renumbered and moved from the page end to the end of their respective chapters.

4. Images have been moved from the middle of a paragraph to the closest paragraph break.

5. Certain words use an oe ligature in the original.

6. Carat character (^) followed by a single letter or a set of letters in curly brackets is indicative of subscript in the original book.