The Life of John Marshall (Volume 2 of 4)

than to make him [Marshall] a judge.

cause was the certain road to odium

xities have worn away

onstration of the constitutionality of extensive implied powers was a clear, compact statement of what Marshall himself had been thinking. The time was coming when he would annou

Delegates; but in his club at Farmicola's Tavern, on the street corners, riding the circuit, he argued for the constitutionality an

itical controversy severed friendship and interrupted social relations,[197] his personality still held sway over his associates regardless of their politica

ed. "Independent principles, talents, and integrity are denounced [in Virginia] as badges of aristocracy; but if you add to these go

pearance would not have passed muster under the critical eye of that fastidious and disgruntled young Federalist. We shall soon hear Jefferson denouncing Marshall's deportment as the artifice of a cu

son drew around Madison "the magic circle" of his compelling charm and won entirely to the extreme Republican cause[200] the invaluable aid of that superb intel

d them. Might not Marshall become a candidate for Congress? If elected, here would be a skillful, dauntless, and captiva

on the innocuous heights of the State bench. Better, far better, to make Marshall a Virginia judge than to p

e is no man in Virginia whom he wishes so much to see there; and I am told that Marshall has expressed half a mind to come. Hence I concl

d no letters seem to have passed between them.[204] But Jefferson's information that his fellow Secretary wished the Nationalist Richmond attorney in Congress was probably correct. Accounts of Marshall's striking ability and of his f

practice[205] which he had built up until it was the largest in Richmond and upon the returns from which his increasing family depended for support. Six years later, Washington himself labored with Marshall for four

of the [Republican] party," wrote Ames, "is as severe as the Prussian."[207] Jefferson and Madison had secured an organ in the "National Gazette,"[208] edited by Freneau, whom Jefferson employed as translator in

f the Treasury and made a tool for forwarding his schemes, not then sufficiently understood by me."[210] To somewhat, but not much, better purpose did Washington ask Hamilton fo

he Federalists.[213] More material, this, for the hands of the artificer who was fashioning the Republican Party into a capacious vessel into which the people might po

to the bar of this "alien" tribunal. Popular feeling ran high. A resolution was introduced into the House of Delegates requesting the Virginia Senators and Representatives in Congress to "adopt such measures as will tend, not only to suspend all executions and t

their utmost and earliest exertions" to secure a constitutional amendment preventing a State from being sued "in any court of the United States."[217] The hostility to the National Bank took the form of a resolution against a di

ority of 111 out of a total vote of 124, applauded her Senators and Representatives who had urged the inquiry.[221] Such was the developing tempe

ade valuable. Most but not all of them had voted for every feature of Hamilton's financial plan.[222] Three or four were directors of the Bank, but no dishonesty existed.[223] Heavy s

t & stock are food & raiment here.... The credit & fate of the nation seem to hang on the desperate throws & plunges of gambling scoundrels."[225] B

the patriotic foes of the abominable National Constitution had predicted when fighting the ratification of that "oppressive" instrument. Here was the exciseman at every man's door, just as Henry and Mason and Grayson had foretold-and few

he local [State] rather than to the general [National] government ... considered ... a tax by Congress on any domestic manufacture as the intrusion of a foreign power into their particular concerns which excited serious apprehensions

ravaged of their liberty![231] Thus came the physical defiance of the law in Pennsylvania; Washington's third proclamation[232] demanding obedience to the National statutes after his earnest pleas[233] to the disaffected to observe the laws; the march of the troops accompanied by Hami

hat these organizations had inspired this uprising against National law and authority. While the Whiskey Rebellion was economic in its origin, yet it was sustained by the spirit which the

od militantly with Washington and it was due to Lee's efforts that the Virginia militia responded to help suppress the Whiskey Rebellion. H

[of Congress] ... to sow the seeds of jealousy and distrust among the people of the government.... I see, under a display of popular and fascinating guises, the m

lican government was at an end, "and nothing but anarchy and confusion is to be expected hereafter."[242] If "the dari

d opinions, and they were adopted and main

ing the execution of it, he was placed in command of one of the detachments to be raised for that purpose.[244] Although it is not established that his brigade was ordered to Pennsylvania, the probabilities are that it was and that Marshall, in command of it, was on the scene of the first armed oppositi

n of the Commonwealth was inclined to assist rather than to suppress the insurrection.[246] Whether or not he was one of the military force that, on the ground, overawed th

ashington's first proclamations against the whiskey producers;[247] but, nevertheless, as the anger of the people grew, it found Jeffe

ton thought the Whiskey Rebellion treasonable; and Jefferson admitted that "there was ... a meeting to consult about a separation" from the Union; but talking was not acting.[251] Thus the very point was raised which Marshall e

ise. But instead of weakening John Marshall's Nationalist principles, this turbulent opposition strengthened and hardened them. So did other and larger events of that period which tumultuously crowded fast upon one another's heels. As we have seen, the horrors of the

it was Washington's one great conception. It was not to make the American people the tool of any foreign government that he had drawn his sword for their independence. It was to found a separate nation with dignity and rights equal to those of any other nation; a nation friendly to a

on, which to-day all admit to have been wise and far-seeing statesmanship, then caused an outburst of popular resentment against Neutral

es Marshall. The people, he writes, thought Great Britain was waging war "with the sole purpose of imposing a monarchical government on the French people. The few who did not embrac

; of course not! unless, indeed, the miscreant who dared to be exclusively American was a monarchist at heart. "To doubt the holiness of their [the French] cause was the certain road to odium and proscription," testifies an observer.[258] The Republican pr

ity" it set up.[262] "In every effort made by the executive to maintain the neutrality of the United States," writes Marshall, "that

e or Judicial branches, but in the Executive Department, which is "the organ of intercourse between the nation and foreign nations" and "the interpreter of ... treaties in those cases in which the judiciary is not competent-that is between government and government.... The executive

e-President.[265] In the House, resolutions were introduced which, in the perspective of history, were stupid. Public speakers searched for expressions strong enough for the popular taste; the newspapers blazed with denunciation. "The artillery of the press," declares Marshall, "was played with unce

e Nationalist financial measures, his warm championship of France, his bitter hostility to Great Britain, and most of all, his advocacy of the popular view of the Constitution, secured him the favor of the people. Had

ial interests who dreaded the effect of the war on business and credit;[270] and by the disinterested support of those wh

in Virginia silence was the part of discretion for those who approved Washington's course, Marshall would not be still. He made speeches in support of Washington's stand, wrote pamphlets, and appealed in every possible way to the solid reason and genuine Americanism of his neighbors. He had, of course, read Hamilton's great defense o

otion," Monroe reported to Jefferson; "from what I have understood here [I] have reason to believe they mean to produce the most extensive effect they are cap

branded with what, in Virginia, was at that time the ultimate reproach: Marshall, said the Republicans, was the friend and follower of Alexander Hamilton, the monarchist, the financial manipulator, the father of Assumptio

ll was aggressively for the Administration and all its measures. These were right, he said, and wise and necessary. Above all, since that was the chief ground of attack, all of them, from Assumption to Neutrality, were plainly co

Madison advised the Secretary of State in reply, "without being able to find a single character fitted for the mission to N. O. Young Marshall seems to possess some of the qualifications, but there would be objections of several sorts to him."[277] Three months later Madison revealed one of these "several

they began to hint at improper motives. With his brother, brother-in-law, and General Henry Lee (then Governor of Virginia) Marshall had purchased the F

the highest opinion. It is said that Marshall, who is at the head of the great purchase from Fairfax, has lately obtained pecuniary aids from the bank [of the United States] or people connected with it. I t

ert Morris, who expected to raise the funds for the Fairfax purchase from loans negotiated in Europe on the security of Morris's immense real-estate holdings in America.[280] But even the once poised, charitable, and unsuspicious Madison had now acquired that state of mind which beholds in

had gone to William and Mary College. His sister-in-law, with hot resentment, emphasizes this feature of Marshall's career. "Notwithstanding his amiable and correct conduct," writes Mrs. Carrington, "there were those who would catch at the most trifling circumstance to

"It was cruelly insinuated to G[eorge] W[ashington]," writes Marshall's sister-in-law, "by an after great S[olo?]n that to Mr. M[arsha]lls fondness for play was added an increasing fondness for liquor." Mrs. Carrington loyally

ely accurate. Certainly this political slander did not impress Washington, for his confidence in Marshall grew steadily; and, as

e measures of the National Government. "I wish very much to see you," writes Marshall to Archibald Stuart at this time: "I want to observe [illegible] how much honest men you and I are [illegible] half our acquaintance. Seriously there a

g out as a French privateer. The people of Isle of Wight County were almost unanimous in their sympathy with the project, and only seven or eight men could be procured to assist the United States Marshal in seizing and holding the vessel.[286] Twent

at "the executive know that in your hands the dignity and rights of the Commonwealth will ever be safe and they are also sure that prudence, affection to our deluded fellow citizens, and marked obedience to law in the means you will be compelled to adopt, will equa

aptain Sinclair's house revealed thirteen cannon with ball, grape-shot, and powder. Three more pieces of ordnance were stationed on the shore. Before General Marshall and his cavalry arrived, the United States Marshal had been insulted, and threatened with violence. Men had been heard

as prompt as could be wished in rendering any service required of them," and he suggests that the commandant of the county, rather than the men, was responsible for the failu

ct from violence the laws of our common country.... The commanding officers [of the county] ... seem not to have become sufficiently impressed with the importance of

fore it had gathered dangerous headway. "I am very much indebted to Brig.-Gen'l Marshall and Major Taylor

purpose, did not modify the public temper toward the Administration. Neutrality, in particular, grew in disfavor among the people. When the congressional elections of 1794 came on, all complaints agains

ed on the people Assumption, National Courts, and taxes on whiskey. This identical Nationalist crew had, said the Republicans, by Funding and National Banks, fostered, nay, created, stock-jobbing and speculation by which the few "monocrats" were made rich, while the many remained poor. Thus every Republican candidate for Cong

hundreds of American vessels trading with her enemy and even with neutrals; in order to starve France[298] she lifted cargoes from American bottoms; to man her warships she forcibly took sailors from American ships, "often leaving scar

but the outrages committed upon us are beyond human bearing. Farewell-pray Heaven we may weather the storm."[300] If the self-contained and cautious Marsh

kept the military and trading posts on American soil which, more than a decade before, it had, by the Treaty of Peace, solemnly promised to surrender.[302] The Government that was committing the

rests and vindicate our insulted honor. In Congress various methods of justifiable retaliation were urged with intense earnestness, marred by loud and extravagant declamation.[303] "The noise of debate was

active. In case of war, wrote Ames, expressing the conservative fears, "I dread anarchy more than great guns."[305] Our resources had been bled white by the Revolution and the desolating years that followed. We had no real army, no a

soldiers held strategic posts within our territory; hordes of Indians, controlled and their leaders paid by Great Britain,[308] and hostile to the United States, were upon our borders anxious to avenge themselves for the defeats we had inflicted on them and their kinsmen in the savage wars incited by their Briti

ent until eight years after the Treaty of Peace had been signed.[312] She not only held our posts, but established a new one fifty miles south of Detroit; and her entire conduct indicated, and Washi

ng hostilities against the United States within a year and declaring that a new boundary line would then be drawn "by the

e." But Marshall cannot restrain his humor, notwithstanding the gravity of the report: "As this is in Pennsylvania," he observes, "I hope the democratic society of Philadelphia will at once demolish him and if they should fail I still trust that some of our upper brothe

eat Britain's critical mistakes that she consented to treat instead of forcing a conflict with us; for had she taken the latter course it is not improbable that, at the end of the war, the southern boundary of British dominion in America would hav

, the outcome of which was to bring Marshall even more conspicuously into politics than he ever had been before. Indeed, the result of th

hat! Kiss the hand that smote us! It was "a degrading insult to the American people; a pusillanimous surrender of their honor; and an insidious inju

te with France and stand or fall together"[320] was their heroic sentiment. But abhorrence of the mission did not blind the Republicans to the advantages of political craft. While the negotiations w

t was refused; recognition of the principle that "free ships make free goods"-it was denied; equality with France as to belligerent rights-it was not granted; opening of the West Indian trade-it was conceded upon hard and unjust conditions; payment fo

er admitted hitherto; prohibition of any future sequestration of British debts; freedom of all American ports to British vessels, with a pledge to lay no further restrictions on British commerce-never before proposed; liberty of Indi

But we secured peace; we were saved from war. That supreme end was worth the sacrific

st.[323] From one end of the country to the other, public meetings were held. Boston led off.[324] Washington was smothered with violent petitions that poured in upon him from every quarter praying, demanding, that he withhold his assent.[325] As in the struggle for the Constitution and in the v

e treaty with the financial measures of Washington's Administration, represented the Federalist leaders as servants of the Devil; Independence, after the death of his first wife,

American people so scourged a great public servant.[329] He was no statesman, raged the Republicans; everybody knew that he had been a failure as a soldier, they said; and now, having trampled on the Constitution and betrayed America, let him be impeached, screamed the infuriated opposition.[330] Seldom has any

or voting for ratification and demanded a constitutional amendment empowering State Legislatures to recall Senators at will.[334] The Legislature of Virginia actually passed a resolution for an amendment of the National Constitution to make the House of Representatives a part of the treaty-m

transaction than they were ever known to do in any other."[339] The Republican chieftain carefully observed the effect of the popular commotion on his own and the opposite party. "It has in my opinion completely demolished the monarchical party here[340] [

n several respects, especially in regulating trade, to do which was the exclusive province of Congress.[343] Once more, avowed the Jeffersonians, it was the National Government which had brought upon America this disgrace. "Not one in a thousand would have resisted

papers were his last great constructive work. In numbers three, six, thirty-seven, and thirty-eight of "Camillus," he expounded the Constitution on the treaty-making power; demonstrated the exclusive right of the President to

has gone before them" in the resolutions passed,[348] bitterly complained Washington. Virginians, testified Jefferson, "were never more unanimous. 4. or 5. individuals of Richmond, distinguished however, by their talents as by their devotion to all the sacred acts of the government, & the town of Alexandria constitute t

TNO

student of Marshall cannot devote too much attention to Hamilton's great state papers, from the "First Report on the Public Credit" to "Camillus." It i

, in Dillon,

. is a satisfactory proof that he is on the wrong side." (Monroe

John Mason, July 12, 1

arch 17, 1793; as quoted in

ing to Marshall, Dec. 26, 1828; Pickering MSS., Mass. Hist. Soc.) "His [Madison's] placing himself under the pupilage of Mr. Je

hly important letter of Hamilton to Carrington, May 26, 1792; Works: Lodge, ix, 513-35, on Madison's change, Jefferson's conduct, and the politics of t

amous journey in Gay: Madison (American Statesm

ison, June 29, 1792; W

o Marshall or from Marshall to Hamilton dated earlier

n, as it has made an impression on the general opinion that two occupations are inco

e infra,

t, Jan., 1793; Work

r, ii, 52-53; also Hamilton to Carrington

1792; Writings: Ford, xii, 174-75. This

ing the Assumption Act. Compare with Jefferson's letters written at the time. (Supra, 64.) It is impossible that Jefferson was not fully advised; the whole country was aroused over

lton, Aug. 26, 1792; Wri

ington, Sept, 9, 1792;

Marshall,

, H.D. (Nov.

e articles of the treaty of peace looking to the payment of British debts until the posts and negroes should be given up. (Ib., 124-25; also see Virginia S

vs. Georgia,

t of any individual or individuals, and that the decision of the Supreme Federal Court, that a State may be placed in that situation, is incompatible with, and dangerous to the sovereignty and independence of the individual States, as the same tends to a general consolidation of th

Ib.,

Statutes at La

nnals, 2d C

he elder Wolcott wrote that it was "such a piece of baseness as would have disgrac

Econ. O. J.

of this subject, concludes that "The charge of me

nt." (La Rochefoucauld, iv, 474.) The French traveler was also impressed with the display of riches in the Capital. "The profusion of luxury of Philadelphia, on great days, at the tables of the wealthy, in their equipages and the dresses of their wives and daughters, are ... extreme. I have seen balls on the President's birthday where t

Randolph, March 16, 179

; and see "A Citizen" in the National Gazette, May 3, 1792,

n's Writings:

cMaster, ii, 29.) Every contemporary traveler tells of the numerous private stills in Pennsylvania and the South. Practically all f

en. Washington had a large distillery. (Washington to William

of Pennsylvania and the South felt the tax personally, while New Englanders were unconscious of it. Otherwise there doubtless would have been a New England

rshall,

Ib.,

Graydo

1794; Writings

rdson, i, 124; Aug. 7, 1794

er fully established. (See Hamilton's letters to Washington, written from various poi

58-88. But see Gallatin's Writings: Adams, i, 2-12; Beard: Econ. O. J. D., 250-60. For extended account of the Whiskey Rebellion from th

turn. Also it is an amusing incident of our history. The Federalists were the creators of the Constitution; while the

called Republican because of its champio

fax purchase. (Se

rks: Lodge, vi, 445-51; and see Washington to

e, Aug. 26, 1794; Writ

to Jay, Nov. 1,

o Thruston, Aug. 1

ib., 470. The Virginia militia were under

June 30, 1794; Cal. V

utenant-Governor Wood,

rgan to the Governor of Virgi

ington, Sept. 18, 1792;

Madison, Dec. 28, 1

9]

to Monroe, May 2

o Madison, Dec. 2

olcott, Dec. 15, 1

256; see Washington'

Washington learned it from me ... and practiced upon it

originate any cause, that may involve us in it [the European war]."

y, ib., note 13, p. 15. Washington's proclamation w

s and Bache's papers are outrages on common decency." (Wa

rshall,

Graydo

ar rather uncommon to see men [Washington and those who agreed with him] welcoming the Ambassador of republicanism who are warring [against] their darling aristocracy. But ... shall the officers of our government prescribe rules of conduct to freemen? Fellow citizens,

eply interested to prevent every act that may put our peace

e provident wisdom and watchfulness over the concerns and peace of a happy people which you have displayed in your late proclamation declaring neutrality ... well convinced that the true interests of America consist in a condu

dison, May 19, 1793;

to Monroe, May 5

rshall,

No. 1; Works: Lo

rshall,

rshall,

ington, Dec. 31, 1793;

Short, Jan. 28, 1

rshall,

the Constitution supported all the measures of Washingto

championed by trading and moneyed interests which dealt chiefly with British houses, the Federalists made the counter-charge

ment, and speculators in the French revolutionary funds, all to an immense amount," and that other Americans were heavily indebted in England. All these interests were against Neutrality and in favor of war with Great Britain-those owing British debts,

, in Dillon

t lawyer in the Valley, and, o

75. Considering the intimate personal friendship existing between Monroe and M

that the slander concerning Marshall's

onroe's letters; by the well-known political history of that time; and by the untrustworthy but not negligible testimony of tradition.

s: Ford, xii,

rson, June 17, 1793; W

e infra,

rson, Sept. 2, 1793; W

red in this way all the money he was able to

ton to her sister

2]

upra, vol.

astellux's account of an evening with Jefferson: "We were conversing one evening over a bowl of punch after Mrs. Jefferson had retired. Our conversation turned on

ters, "wine ￡60"; August, ditto, "￡14-5-8"; September, 1792, "Wine ￡70"; in July, 1793, "Whisky 6.3.9" (pounds, shillings, and pence); in May

uart, March 27, 1794

Brigadier-General Mathews, July 19,

Taylor, July 20

n-chief," to Marshall, July 21, 1794;

black cockade, black stock, boots and side arms." (Division Orders, July 4, 1794; Cal. Va. St. Prs., vii, 204. But see Schoepf (ii, 43), where a uniform

icular Ord

ly 23, 1794; Cal. Va. St. Prs., vii, 228;

2]

of Virginia, July 28, 1794;

Taylor; see infra

of War, July 28, 1794; Ca

nce, Thompson's spee

rshall,

Ib.,

Ib.,

uart, March 27, 1794

atural enemy of America had become habitual"

these posts was her purpose to maintain her monopoly of the

90; also Anderson, 29; and see prior war-inviting resolves and speeches in

t, Dec. 12, 1794; W

1794; Works: Ames, i, 140. And

Ball, Aug. 10, 1794; W

Van Tyne

shall, ii

9]

with Great Britain must be total destruction to the commerce of our country; for there is no maritime power on earth that can con

conduct of the British government is so well adapted to increasing our danger of war, that I cannot but suppo

rshall,

rshall,

nd see Beard: Eco

fe of Washington, makes the error of asserting that the account of Dorchester's speech was "not

tuart, May 28, 1794

r as we were a few years after Jay was sent on his mission. And on the traditional policy of Great Britain when inte

ion in case of war with Great Britain. "I confess it made me doubly desirous to quit a coun

s which move the machine of this Country [England] ... Between Great Britain and the United States no cord

rshall,

can Remembr

ounty (Va.) Democratic Soci

ht, Feb. 3, 1795;

shall, ii

Ib.,

other meetings which adopted resolutions of protest. (Marshall, ii, 365 et seq.) Ther

ead it, but I

n, I'll bet my

people all u

ear it read e

uickly be u

. What did we choose the Senate for ... but to think for us.... Let the people remember that it is their sacred right to submit and obey; and that all those who would persuade them that they have a right to

ption of the popular reception of

ng, June 20, 1795; W

; Boston, 1795." Copies of such attacks were scattered broadcast-"Emissaries flew through

13-20; Gibbs, i, 207;

is gentle reproof contrasted with the savagery

"It is the spirit of dissatisfaction which forms a leading trait in the character of the Americans as a people, which produces this malevolence [against Washington]; if their public affairs w

gned November 19, 1794; received by the President, March 7, 1795; submitted to the Senate June 8, 1

's Diary, Aug. 14, 1795; Dedham (Mass.) Historical Register, vii, 33.) Of Washington's reply to the address of the merchants and traders of Philadelphia "An Old Soldier of '76," wrote: "Has adulation ... so bewildered his

ay, May 8, 1796; Writ

an Remembran

. (1795), 54-55; a

an Remembran

, Jan. 10, 1795; W

3

y in one pa

sult of ba

d purchase

-who their

ir proper sh

ry, and guil

au, ii

roe, Sept. 6, 1795; Wo

0]

ight of character and reputation, combined with his firmness and political intrepidity could have stood against the torrent that is still tumbling with a fury that resounds even across the Atlantic.... If his system of administration now prevails, ten years more will place the United States among the most power

ey's Speech; America

on of any treaty that affects commerce, requires appropriation of money, or where any act of Congress whatever may be necessary

on," printed in Cobbett, i

er greatest pressure, they equal if not surpass Hamilton's "First Report on the Public Credit," his "Opinion as to the Constitutionality of the Bank o

ilton, July 29, 1795; W

grounds; but Virginia was especially hostile because of

6. See Resolutions, which were comparatively mild; American Remembrancer, i, 13

oxe, Sept. 10, 1795;

to Monroe, Sept.