The Life of John Marshall (Volume 2 of 4)

as my heart clings with delight only to wh

very sensible and

t before it the most flattering

phia July

eares

be gone before their arrival & as my heart clings with real pleasure & delight only to what comes from you. I was on friday evening at the faux hall of Philadelphia.... The amusements were walking, sitting, punch ice cream etc Music & conversation.... Thus my dearest Polly do I when not engaged in the very serious business which emp

shall.

ETTER FROM JOHN M

csi

in Marshall's life. From the time when Mary Ambler became his bride in 1783, Marshall had never been farther away from his Richmond home than Philadelphia, to which city he had made thr

ris whose streets were resounding with the shouts of French victories. It was the first and the last trans-Atlantic voyage Marshall ever undertook; and although he was to sail into a mu

eceived a letter from you. I hope you are well as I hear nothing indicating the contrary but you know not how solicitous how anxiously solicitous I am to hear it from yo

et to celebrate the 4th of July. The company was really a most respectable one & I experienced from them the most flattering attention. I have much reason to be satisfied & pleased with the manner in

resident wrote Marshall himself a letter of hearty good wishes. "Receive sir," replies Marshall, "my warm & grateful acknowledgments for the po

s his wife how much he misses her. "I cannot avoid writing to you because while doing so I seem to myself to be in some distant degree enjoying your company. I was last night at the play & saw the celebrated Mrs. Mary in the character of Juliet. She performs that part to admiration indeed but I really do not think

ere does not suit me I am weary of it I dine out every day & am now engaged longer I hope than I shall stay. This dissipated life does not long suit my temper. I lik

laying the sweet little tricks she [is] full of.... I wish to Heaven the time which must intervene before I can repass these delightful scenes was now terminated &

rshall

be pleased with him,"[555] Adams writes Gerry, who was to be Marshall's associate and whose capacity for the task even his intimate personal friend, the President, already distrusted. Hamilton was also in Philadelphia at the t

ask. "Mr. Marshall, one of our extra envoys to France, will be eminently qualified for the mission by the time he reaches that country," says the "Aurora." Some officia

es the "Aurora," "approved the choice of his sagacious friend, but very shrewdly observed 'that he must first purchase Chambaud's grammar, English and French.' We under

where Charles Cotesworth Pinckney, the expelled American Minister to France and head of the mission, awaited him. As

cabin once more to give myself the sweet indulgence of writing to you.... There has been so little wind that we are not yet entirely out of the ba

& I find I sleep very soundly altho on water." He is careful to say that he has plenty of creature comforts. "We have for the voyage, the greatest plenty of salt provisions live stock & poultry & as we lay in our

y prospect before me of a passage such as I could wish in every respect but one ... fear of a lengthy passage. We have met in the bay several vessels. One from Liver

our Minister there, some by the way of Amsterdam or the Hague to the care of William Vanns [sic] Murr[a]y esquire our Minis

el till my return no pleasure comparable to what will be given it by a line from you telling me that all remain

rshall

ted to his law practice and his private affairs. He now was sailing to meet the ablest and most cunning diplomatic mind in the contemporary world whose talents, however, were as yet known to but few; and to face the most venal and ruthless governing body of any which then directed

volved. Gouverneur Morris, our first Minister to France under the Constitution, had made himself unwelcome to the French Revolutionists; and to placate the authorities

ntil his recall,[561] when he climaxed his imprudent conduct by his attack on Washington.[562] During most of his

aty which Jay prudently had sent him by word of mouth only. When the Jay Treaty itself arrived, Monroe publicly denounced the treaty

of South Carolina as his successor. The French Revolutionary authorities had bitterly resented the Jay compact, accused the American Gover

who, long before this, had become a distinctly French party. Thomas Paine understated the case when he desc

. In this way, it thought to frighten the United States into taking the armed side of France against Great Britain. The French Republic was emulating the recent outrages of that Power; and, except

fifty-five million dollars' worth of American property had been destroyed or confiscated under the decrees of the Directory.[567] American seamen, captured on the high s

"aristocrat"; and thus sowed the seeds for the insulting treatment the latter received upon his appearance at the French Capital.[569] Upon Pinckney's arrival, the Frenc

ech Barras, then President of the Directory, replied in a harangue insulting to the American Government; it was, indeed, an open appeal to the A

ey's treatment and the speech of Barras reached America after Adams's inauguration. The President promptly called Con

their demands without discussion and without investigation, is to treat us neither a

s more alarming than the refusal of a minister [Pinckney]

m that they have different affections, principles and interests from those of their fellow citizens whom t

not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to be

at theatre of the world, in the face of all Europe and America, and with such circumstances of publicity and solemnity that they cannot be disgu

If we have committed errors, and these can be demonstrated, we shall be willing to correct them; if we have done injuries, we shall be

rce had been committed by France and the formal insult to our Minister had been perpetrated by France, the advances should come from the

and Madison,[575] for this delicate and fateful business; but the two latter, for reasons of practical politics, would not serve, and without one of them, Hamilton's appointment was impossible. Pinckney, waiting at Amsterdam

ted Elbridge Gerry, who, though a Republican, had, on account of their personal relations, voted

y, an easy instrument for craft to play upon. When Gerry hesitated to accept, Jefferson wrote his "dear friend" that "it was with infinit

it was a desirable thing to distract the mission, a fitter person could not, perhaps, be found. It is ten to one against his agreeing with his colleagues," the Secretary of War ad

7, FROM JOHN ADAMS TO ELBRIDGE

csi

, "my sincere desire that an accommodation may take place; but our national faith, and the honor of our government, cannot be sacrificed. You have known enough of the unpleasant effects of

he Hague.[584] The long voyage had been enlivened by the sight of many ves

dded to the blockade of the dutch fleet in the Texel, of the french fleet in Brest & of the spanish fleet

conduct of those who came on board was such as wou'd proceed from

lely by the hope that the perfect contrast which it exhibits to the conduct of France ma

ed the Dutch Capital, the troops sent by Bonaparte, that young eagle, his pinions already spread for his imperial flight, achieved the revolution of the 18th Fructidor (4th of September); gave the ballot-shaken Directory the support of bayonets

tor of terms to Europe. The native Government of the Netherlands had been replaced by one modeled on the French sy

or ten days longer & shall then proceed on our journey [to Paris]. You cannot conceive (yes you can conceive) how these delays perplex & mortify me. I fear I cannot return until the spring & that fear excites very much uneasiness & even regret at my having e

e no inclination to attempt to enter into it. While the differences with France subsist the political characters of this place are probably unwilling to be found frequently in company with our countrymen. It might give umbrage to France." Pinckney had with him his wife and daughter, "who," writes Marshal

y performs three times a week," he tells his wife. "I have been frequently to the play & tho' I do not understand the language I am very much amused at it. The whole company is cons

e. Some conjecture that this event will so abridge our negotiations as probably to occasion my return to America this fall. A speedy return is my most ardent wish but to have my return expedited by the means I have spoken of is a circumstance so calamitous that

shall.

to Washington. The following letter shows not only Marshall's state of mind just before starting for Paris, but also the effect of European conditions upon hi

ecline is visible. The great city of Amsterdam is in a state of blockade. More than two thirds of its shipping lie unemploy'd in port. Othe

population of less than 2,000,000.... Not even peace can place Holland in her former situation. Antwerp will draw from Amsterdam a large portion of that commerce

striking account of the political happening

& its uncertainty concerning its future d

a representative government, & which has been prepar'd with infinite labor, & has experienc'd an uncommon lengt

ize it.... It is remarkable that the very men who have rejected the form of government propos'd to them have re?lected a great majority of the persons who prepar'd it & will probably make from it no essential departure.... It is

ngs, have come to the unwise determination of revenging themselves on those whom they charge with having occasion'd it by taking no part whatever

ecome the subordinate or ally of any foreign power. The concept of the American people as a separate and independent Nation unattached to, unsupported by, and unafraid of

wou'd seem, can only be entertain'd by intemperate & ill inform'd minds unaccustom'd to a union of the theory & practice of liberty, must be a

hey have their clubs, they have a numerous poor & they hav

l, indolent, and charming way; and he thus relate

ich wou'd acquire a degree of power & influence that might be exercis'd to the destruction of those who had retir'd from society, he replied that the remark was just, but that they relied on France for

e portion of that wealth, wou'd dry up its sources & wou'd entirely disable them from giving France that pecuniary aid she so much needed. That under this impression ve

e for individual safety. What a lesson to those who w

ew errors, it is remarkable on the whole for its general accuracy. No condensation can do justice to Marshall's review of this period of French history in the making. It is

it is greatly to be fear'd, involv'd in one common ruin with them, the constitution & liberties of their country.... Complete & impartial details concerning it will not easily be obtained as the pr

appointed by & dependent on the executive. It is supposed

semble in their proper halls which they found clos'd & guarded by an arm'd force. Sixty or seventy assembled at

of Paris & the central administration of the seine were immediately suspende

ance elected by the people, had been previously remov'd &

guards, & authoriz'd the directory to introduce into Paris as many troops as shou'd be judg'd necessary. The same day the liberty of the press wa

Marshall, "is still the triumph

a disposition which threaten'd a condemnation of the conduct of the directory towards America, a scrutiny into the transactions of Italy, particularly those respecting Venice & Genoa, an enquiry into the disposition of public money & such a regular arrangement of the finances as w

excuse of the French radicals for thei

legislature was hostile to the armies, that it withheld their pay & subsistence, that by its opposition to the directory it encourag'd Austria & Britain to reject the terms of peace which were offer'd

the Generals address'd to them their complaints, plainly spoke of marching to Paris to support the directory

stronge[st] criminations of the legislature. Similar proceedings were had in the army of the interior commanded by Genl? Hoche. Detachments were

then happened, according to the accoun

ent of the troops within the constitutional circle was attributed to accident & the discontents of the army to th

hibideau in the council of five hundred. I hope you have seen their spe

cantons & replacing those whom the people had elected by others in whom it cou'd confide, and in the removal gener

national guards. On this latter subject especially Pichegru, great & virtuous I believe in the cabinet as in the field, was indefatigabl

he heard them in the Dutch Capital; and in doing s

.. Pichegru is made in the first moment of conversation to unbosom himself entirely to a perfect stranger who had only told him that he came from the Prince of Conde & cou

ne. It is repel'd by his resigning the supreme command, by his numerous victories subsequent to the alleged treason, by its own extreme absurdity & by the fear which his accusers show of bringing him to trial according to the consti

rtified as a man to learn that even his old army which conquer'd under him, which ador'd him, which partook of his fame & had heretofore not join'd their br

Marshall tells Washington that he is convinced tha

o be mortal. In opposition to the express regulations of the constitution the armies have deliberated, the result of their delib

directory is forbidden to arrest a member of the legislature unless in the very commission of a criminal act & then he can only be tried by t

he constitution. The councils can inflict no penalty on their own members other than reprimand, arrest for eight & imprisonment for three days.

ve law. Yet it has pronounc'd this heavy judgment on others as well as its own

rectory because of its violation of the F

irectors have depriv'd two of their places, the legislature has then banished them without a hearing & has procee

e night. The orders of the constituted authorities can only be exe

a pamphlet to detail them. The detail wou'd be unnecessary for the great principle seems to

characteristic eloquence and

to the banishment of the printers & to the slavery of the press? If such a necessity did exist it was created by the disposition of the people at large & it is a truth w

liberty in France lingers in his hea

rgy, such a vast population that she may possibly spare another million & preserve or reacquire her liberty. O

esent state of things are increased by an apprehension that the rights of our country will not be deem'd so sacre

hat topic. Be the issue what it may," he is sure "that nothing which justice, sound reasoning, and fair representation would require will be wanting to render it just and honorable." If so, and the mission fails, "then the eyes of all who are not willfully blind ... will be fully opened." The Directory will have a rude awakening, if they expect the Republicans to support France against America i

rdy associate. From Antwerp Marshall writes Charles Lee, then Attorney-General, correcting some unimportant statements in his letter to Was

tter us with the hope that our negotiations will terminate as they ought to do.... We understand that all is now quiet in

ation in Antwerp of the birt

eat pomp by the military at this place. Very few indeed of the inhabitants attended the

est to officiate who has not taken the oath prescribed by a late order. No prie

abound are to be taken down. The distress of the people at the calamity

by Louis XIV. The French metropolis was in no sense a modern city and bore little resemblance to the Paris of the present day. Not until some years afterward did Napoleon as Emperor begin the changes which later, u

he ... administration is occupied in acquiring wealth."[594] Honesty was unknown, and, indeed, abhorrent, to most of the governing officials; and the moral sense of the citizens themselves had been stupefied by the great sums of money which Bonaparte extracted from conquered cities and co

e. During this very year Portugal was forced to advance a heavy bribe to Talleyrand and the Directory before the latter would consent to negotiate concerning a treaty; and, as a secret part of the co

s in his diary that every day the waiting envoys were besieged by "Americans whose vessels had been captured & condemned. By appeals & other dilatory means the money had been kept out of the hands of the captors & they were now

agents was all about them; and at its center was the master spider, Talleyrand. The unfrocked priest had been made Foreign Minister under the Directory in the same month and almost the day that Marshall embark

To be sure, his previous life had been varied and dramatic and every page of it stamped with ability; but in the tremendou

r and yon through the forming Nation. Washington as President had refused to receive the expelled Frenchman, who never forgave the slight. In his j

rand to look with contempt upon the wilderness Republic. But most of all, this future master spirit of European diplomacy was impressed with what seemed to him the sordid, money

er by the same yardstick that Talleyrand applied to us, when, on leaving our shores,

is surest method of strengthening his, as yet, uncertain official position. Such were Talleyrand's mind, views, and station, when, three days after Gerry's belated arrival, the newly installed Minister received the American envoys informally

is diplomatic visitors; Gerry, small, erect, perfectly attired, the owl-like solemnity of his face made still heavier by his long nose and enormous wig; Pinckney, handsome, well-dressed, cl

ey he also had observed and feared nothing from the blunt, outspoken, and transparently honest but not in the least subtle or far-seeing South Carolinian; the

r than his Virginia antagonist. The powers of neither were known to the other, as, indeed, the

LEY

soon as he had heard of the appointment of the American envoys, wrote Talleyrand a conciliatory letter congrat

ry, without mentioning the latter, however. "From the moment I heard that you had been named to the Department of Foreign Affairs," King assures Talleyrand, "I have felt a satisfactory Confidence that

ful whether he even read it. At any rate, King's somewhat amateurish effort to b

had presented it to his superiors he would, he said, let the Americans know "what steps were to follow." Talleyrand saw to it, however, that the envoy

concerning neutrals which, he assured Marshall, "would be extremely advantageous to the United States." "Do not urge your mission now," suggested Church-the present was "a most unfavorable moment." Haste m

as of a contrary opinion." Marshall insisted that the Directory knew of Paine's letter and would learn of the envoys' answer, and that Pinckney, Gerry, and himself must act only as they knew the American Government would approve. It was wrong, said he, a

h to Congress, by which they were exasperated. The Directory would not receive the envoys, he said, until the negotiations were over; but that persons would be appointed "to

directly, or indirectly, imputed to the United States"; that in order not to "wound her [France] feelings or to excite her resentment" the negotiations were to be on the principles of the British Treaty; "that no engagement be made inconsistent with ... any prior treaty"; that "no restrain

the footlights chiefly in that in this curious arrangement the explanation comes after the acting is over. When the dispatches to the American Government, which Marshall now is to write, were transmitted to Congress, dip

TNO

to his wife, Ju

King, June 24, 1

to his wife, Ju

ashington, July 7,

to his wife, Ju

ned with polite interest to Adams, who was a master of the subject, and

, July 17, 1797; Wor

ora, July

ts given envoys by the Government, see A

10, 1797; Memorandum by Pickering; Pickerin

ife, "The Bay of Delawa

ks on Monroe's "View"; W

cuse for over-enthusiasm; for his instructions were: "Let it be seen that in case of a war with any nation o

" by James Monroe (Philadelphia, Bache, Publisher, 1797). This pamphlet

of Monroe's book answered every point. Extracts from Monroe's "View" and Washin

irculate it. (Jefferson to Eppes, Dec. 21, 1797; ib., 347; and to Madison, Feb. 8, 1798; ib., 362; see also Jefferson to Monroe, Dec. 27; ib., 350. "Your book was later coming than wa

icknor,

atement of Monroe's conduct while Minister, see Gil

Bien-Informé, Sept. 27, 1797;

Prs., For. R

erican case in instructions to Pinckn

or numerous other ex

icknor,

tate, Amsterdam, Feb. 18, 1797;

peech in Am. St. Prs

: Naval War wit

May 16, 1797; Richardson, i, 235-3

bbs, ii,

r Madison. (Hamilton to Pickering,

s: Adams,

7]

467, 469, and fo

in: Gerry,

314. This letter flattered Gerry's vanity and nullified Adam

King, June 24, 1

s, in Cabinet meeting

erry. While expressing confidence in him, the President tells Gerry that "Some have expressed ... fears of an un

all our ministers abroad, and have expressed apprehension that your appointment

Minister to Prussia (Writings, J.Q.A.: Ford, ii, footnote to 216), to which post the yo

n MSS., Lib. Cong. See citations ib., infra. (Sparks MSS., Proc. Ma

lland for almost seven months. (Pinckney to Pickeri

e July 30, but had gone to Berlin. Vans Murray to J. Q. Adams, July 30, 1797; Letters: Ford, 358.

, Sept. 15, 1797; Amer. Hist. Rev., ii,

infra, nex

hall, Dec. 4, 1797; Writ

chegru chosen President of the French Legislature, were parts of a royal conspiracy to destroy liberty and again place a king upon the throne of France. In these elections the French liberals,

Marshall took of this episode. To understand Marshall's subsequent career, too much weight cannot be given this

red far and wide-in Italy, Germany, and elsewhere. Yet these very men were the soul of the Revolutionary cause. And the private soldier

lution of the 18th Fructidor was the overthrow of their enemies in their own country. The army felt that it had answered with loyal bayon

of the "Royalist Conspiracy." (Vans Murray to J. Q. Adams, April 3, 1798

Antwerp, Sept. 22, 1797

le to democracy and without sympathy with or understanding of the French Revolution, his statements of facts have p

nckney, Aug. 13, 1

alleyrand and H

State, Dispatch no. 54, N

official copy, Pickering P

His Times, 147; and Blennerha

. de Sta?l, quoted in M

resident Washington because he had heard that Bingham was "so wealthy.... Throughout America I met with a similar love of money," says Talleyrand. (Memoirs of Talleyrand: Broglie's ed., i, 180.) In this estimate of Americ

ickering to King, Nov. 7, 1798;

Prs., For. R

f Talleyrand: S

had received a finished education in England at Westminster and Oxford

e forty-two years of age, Pinckne

and, London, Aug. 3,

envoys' dispatches to the Secretary of State were prepared by Marshall, largely, from his Journal. Citati

l's Journal,

nd 158. Fulwar Skipwith was consul; but Mo

For. Rel., ii, 157