The Life of John Marshall (Volume 2 of 4)

, we mean not to mingle i

ity is no neutrality

in America who are strongly in o

but their monotony was broken. Now the lady of the plot appeared upon the scene. In the long, vexed, and fruitless days of thei

became especially good friends; but Madame de Villette ventured no diplomatic suggestions to him, notwithstanding his easy good nature. She was far too good a judge of character to commit that indiscretion. So was Talleyrand, who by this time had begun to appreciate Marshall's qualities. But Pinckney, hearty, handsome man

ance, and France now demanded a loan of America. "Oh, no," said she. "We do not make a demand; we think it more delicate that the offer should come from you; but M. Talleyrand has mentioned to me (who am surely not in his confidence) the necessity of your mak

aimed Talleyrand's fair agent, "that might possibly lead to a rupture, which you had better a

ad proved it sound. He found that the brilliant Paris adventurer, Beaumarchais, had a lawsuit against the State of Virginia. Beaumarchais had won this suit in the lowe

t by a toothache. The envoys had returned Beaumarchais's courtesy; and he had retired from this dinner "much indisposed."[661] Since then Marshall had not seen his client. Bellamy

oken aside for his ear only, Bellamy told Marshall that, in case the latter won the suit, Beaumarchais would "sacrifice ￡50,000 Sterling of it as the private gratification" demanded by

I informed Genl. Pinckney, that I would not by my voice establish any argument in his favor, but that I would positively oppose any admission of the claim of a

the civility" by inviting Talleyrand to dinner.[664] To Talleyrand, then, went Gerry in company with Bellamy and asked the Foreign Minister to dine with him. Then Gerry tediously reviewed the situation, concluding in a

ng a word on it"; but he did say that Bellamy's representations "might always be relied on." Talleyrand declared that he would go further; he would himself write out his propositions. This

teval acted as translator. It must have been a pallid feast; the brilliant, witty, accomplished Talleyrand, man of the world, bon vivant, and lover of gayety; the solemn, dull, and rigid Gerry; the three trained French agents, one o

"the price was a Bribe of a Million Sterling to be divided among Directors, Ministers, and others. Talley

t. To Pinckney, King writes in cipher his anxiety about Gerry, whose integrity King had hoped would "overcome a miserable vanity and

ent the Division that would grow out of a Schism in your Commission." Gerry will be all right, thinks King, "unless Pride shall be put in opposition to Dut

equest our Passports and no longer exhibit to the World the unprecedented Spectacle of three

ortant state paper. For two weeks he works over the first half of this historic document. "At my request Genl. Pinckney & Mr. Gerry met in my room & I read to th

terior Relations, comprehending the claims of the United States upon France, being also prepared, I read it to Genl Pinck

ns & manifested such solicitude for its being so completed as to enable us to send it, that I had obviously offended. Today I have urged that subject and for the last time."[674] Two days later Ma

tiations,[677] and the statement by Marshall remains to this day

as evidencing a mutual friendship, to be as durable as the republics themselves." Unhappily the scene changed, says Marshall, and "America looks around in vain for the ally or the friend." He

d with such unparalleled fury," he writes, "which in its vast vicissitudes of fortune has alternately threatened the very existence of the conflicting parties, but which, in its progress, has surrounded France with splendor, and

uties, the most sacred, to abstain from it." Upon the ground that man, even in different degrees of social development, is still the natural friend of man, "the state of peace, though unstipulated by t

themselves, have consumed more than a third of the present century in wars." The causes that produced this state of things "cannot be supposed to have been entirely extinguished, and humanity can scarcely indulge the hope that the temper or condit

the Americans] neither fear, nor are jealous of their neighbors," says Marshall, "and are not, on that account, obliged to arm for their own safety." He decl

be, Marshall contends, the "immediate and certain victim" of engaging in European wars; and he

the Virginia lawyer. "Neither the genius of the nation, nor the state of its own finances admit

the launching into the almost boundless ocean of European politics. It implies "contracting habits of national conduct and forming close po

of the United States, which must have followed." And all this for what? Not to fulfill America's treaties; "not to promote her own views, her own o

war." Neutrality determined upon, he insists that "increased motives of honor and of duty commanded its faithful observance.... A fraudule

bligations were forgotten; it would have become a party to the war as certainly as if war had been openly and formally declared, and it would have added to the madness of wantonly engaging in such a hazardous conflict, the dishonor of insin

delight to the government and people of America," suavely writes Marshall, "to be infor

the American Government had proclaimed its Neutrality to the world and had notified American citizens of the duties which that Neutrality enjoined. In polite phrase he reminds Talleyrand of Genêt

epresentative of a republic to which it was sincerely attached" and "gave him the same warm and cordial rece

n the indefensible performances of the French Minister in America and the tolerance with which the American Government treated them. "In what manner would France have treated any foreign minister, wh

herself. "The Government of the United States did feel it," declares Marshall, but did not attribute Genêt's misconduct to the French Nation. On the contrary, the American Government "distinguished strongly between the [French] Government and its Minister," and complained "in the language of a friend afflicted

America's "disinterested and liberal advances to the sufferers of St. Domingo ... whose recommendation was that the

t be taken by either out of the ships of the other; whereas, by the Treaty of 1778 between France and America, neither party should take out of the vessels of the other the goods of its enemy. France contended that this was a dis

selves, the law of nations respecting enemy's goods in neutral bottoms. He cites the ordinance of France herself in 1744 and her long continued practice under it; and he answers so overwhelmingly the suggestion that the law of na

, and in turn surrendering its own goods found in the vessels of the enemy," extended, Marshall insists, to no other nation exc

strongly than by the United States." On this point he is emphatic, and reiterates that "no nation is more deeply interested in its establishment" than America. "It is an object they [the U

r means, tending to obtain for this principle the assent of any or all of the maritime Powers of Europe, she never conceived the idea of attaining that consent by force."[684] "The United

ated in the treaty itself, in the clause providing that "nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other sovereignties or states."[686] So careful, in fact, was America to meet the views of France that "previous to its ratification" the treaty was submitt

Government objected, says Marshall, were contraband by the laws of nations

h presented itself to diminish or remove the shackles imposed on that of neutrals. In pursuance of this policy, they have on no occasion hesitated to reduce the list of contraband, as between themselves and any nation consenting to such reduction. Their pre?xisting treaties

as not added to the catalog of contraband a single article ... ceded no privilege ... granted no right," nor changed, in the most minute circumstance, the pre?xisting situation of the United States in relation either to France or to Great Britain. Notwithstanding the

rance to compel America to do what France wishes and in the manner that France wishes,

ish new principles. When they surrender this privilege, they cease to be independent, and they will no longer deserve to be free. They will have surrende

usiness exclusively its own." Marshall denies the insinuation that the negotiations of the Jay Treaty had been unusually secret, but sarcastically observes that "it is not usual for nations about to enter into negotiations to proclaim to others the various

ed, and the rules which the French Directory pretended were justified by that treaty. So strong is Marshall's summing up of the case in these portions of the American memorial that

own bosom, she [America] has believed that between republics an elevated and refined friendship could exist, and that free nations were capable of maintaining for each other a real and permanent affection. If this pleasi

ligament of her heart have been the cords of affection which bound her to France

waited, under circumstances beyond measure embarrassing and unpleasant, with that respect which the American Government has so uniformly paid to that of France, for permission to lay before you, citizen Min

ither in public or in print," writes William Vans Murray from The Hague, commenting on the task of the envoys. "Reasoning in such cases will have a fine effect in America, but to depend upon it in Europe is really to place Quixote with

. Gerry has attended and each of which Mr. Talleyrand has failed to attend; nor has any apology for these disappointments been thought necessary."[698] Once more Gerry waits on Talleyrand, who remains invisible.[699] And now again Beaumarchais appears. The Directory issues more and harsher decrees against

IDGE

ere not to the taste of the French Government who liked a short address coming straight to the point."[701] Gerry, who at last saw Talleyrand, "informed me [Marshall] that communications & propositions had been ma

envoys "from our first arrival"-the threats of "a variety of ills ... among others with being ordered immediately to quit France," none of them carried ou

some little in its hauteur its party in the United States will no longer support it. I suspect that some intelligence of this complexion has been received ... whether she [France] will be content to leave us our Independence if she can neither cajole or frighten us out of it or will

am led irresistibly by this train of thought to the opinion that the communication made to Mr. Gerry in secret is a proposition to furnish passports to General Pinckne

ed to remain no longer unless we can be accredited." Gerry had told Marshall that he felt the same way; "but," says Marshall, "I am persuaded the Minister [Talleyrand] does not think so. He would on th

Gerry can negotiate a treaty which shall preserve the peace without sacrificing the independence of our country. We w

Gerry, bursting with importance, was closeted with the Foreign Minister, hinting to his colleagues that he held peace or war in his hand. Marshall bluntly told him that Talleyrand's plan now was "only to pre

very extraordinary conversation with" a clerk of Talleyrand. It was, of course, secret. Marshall did not want to hear it. Gerry said he could tell his colleagues that it was on the subject of money. Then, at last, Marshall's restraint gave way momentarily and his an

weeks before. Marshall packs his belongings, in readiness to depart. An unnamed person[708] calls on him and again presses for money; France is prevailing eve

argues long about the horrors of war, the expense, the risk. Marshall presents the justice of the American cause. Gerry reproaches Marshall with being too suspicious. Marshall patiently explains, as to a chil

with Talleyrand on the real object of the mission. Gerry stubbornly dissents and finally yields, but indulges in long and childish disc

"in a particular conversation." Gerry goes, but reports that nothing important occurred. Then it comes out that Talleyrand had proposed to get ri

yrand answers. Gerry suggests a method of making the loan, to which Talleyrand gives qualified assent. The intervie

uld not yield. "I told him," writes Marshall, "that my judgment was not more perfectly convinced that the floor was wood or that I stood on my feet and not on my head than that

plaints were founded in mistake. He [Gerry] replied hastily and with warmth that he wished to God, I would propose something which was accommodating: that I would propose nothing myself and objected to every thing which he proposed. I observed that it was not worth while to talk in that manner: that it was calculated to wound but not to do good: that I had proposed every thing which in my opinion was calculated to accommodat

s reasons. Gerry interrupts-Marshall "might think of him [Gerry] as I [he] pleased.

was dominant at this interview, his personality being, apparently, stronger even than his words. These we

ee Talleyrand and call again. "Mr. Beaumarchais called on me late last evening," chronicles Marshall. "He had just parted from the Minister. He informed me that he had been told confidentially ... that the Directory were determined to give passports to General

y: that the subject had been considered for five months" and that the envoys would not change; "that for myself, if it were impossible to effect

e would be useful to our country [America]." "France," said Beaumarchais, "thought herself sufficiently powerful to give

hould remain in France, Gerry being the choice of Talleyrand. Marshall countered. If two were to return for instructi

e resentment and answered that the French Government thought no such thing; that neither the government nor any man in France thought me English: but they knew I was not French: they knew I would not sacrifice my duty and the interest of my country to any nation on earth, and therefore I wa

that period, any one who was exclusively American and, therefore, neutral, as between the European belligerents, was denounced as being British at heart. Only by favorin

urse (though he had hinted at wishing to "reconcile" the two governments), but merely "to testify," writes Marshall,

I relied entirely on my conduct itself for its justification and that I felt no sort of apprehension for consequences, as they regarded me personally; that in public life considerations of that sort never had and never would in any degree influence me. We parted

alleyrand] and that it will be faithfully reported to him. I mentioned to-day to Mr. Gerry that the Government wished to detain him and send away General Pinck

be known universally in America[717] that scarcely a hope remains of" honorable adjustment of differences between France and America; that the envoys have not been and will not be "recognized" without "acceding to the demands of France ... for money-to be used in the prosecution of the present war"; that accord

orms Washington of "the immense preparations for an invasion" of England; the "numerous and veteran army lining the coast"; the current statement that if "50,000 men can be" landed "no force in England will be able to resist them"; the belief that "a formidable and organized party exists in B

d of the war and groaning under ... enormous taxation" and, intimates Marshall, none too warm toward the "existing arrangements ... might be extremely serious to those who hold the reins of government" in Franc

" those countries "in her favor," "influence the secret [French] negotiations with England," and greatly affect "Swisserland." Marshall then gives

effect all its objects. A numerous brave and well disciplined army seems to be devoted to it. The most military and the most powerful

ns," together with the revenue from imposts, are not enough to meet the expenses; and, therefore, "France is overwhelmed with taxes. The proprietor

h statement reached Marshall and Pinckney by Gerry's hands, two days after its date. "Mr. Gerry brought in, just before dinner, a letter from the Minister of exterior relations," writes Marshall, "purporting to be an answer to our long memorial criminating in strong terms our

nd's proposal to stay, "That," sarcastically writes Marshall, "is probably the very reason why it was made." Talleyrand's clerk calls on Gerry the next mornin

le."[723] The great diplomat complains that the Americans have "claimed the right to take cognizance of the validity of prizes carried into the ports of the United States by French cruisers"; that the American Government permitted "any vessels to

nd her envoys";[724] and of the fact that the American Government might have, but did not, repress "pamphlets openly paid for by the Minister of Great Britain" which contained "insults and calumnies." So far from the American Gove

States, he declares that he "does not hesitate to believe that the American nation, like the French nation, sees this state of affairs with regret, and does not consider its consequences without sorrow. He apprehends that the American people will not commit a mistake concerning the prejudices with which it has been desired to inspire them again

udice which has been entertained with respect to them [the envoys], the Executive Directory is disposed to treat with that one of the three, whos

one of the ministers could consent to remain on a business committed to all three."[727] In the discussion leading to this decision, "I," wr

"in three days at farthest." But spare them Gerry; let him remain-all this in polite terms and with plausible argument. "I told

der his departure. A long talk ensues. Dutrimond leaves and Gerry returns. Marshall relates what had passed. "To pr

nsequence in England."[729] Otherwise, declares Marshall, "I should embark immediately for England." That would never do, exclaims Beaumarchais; it would enrage the Directory and subject Marshall t

"irritate this government" and delay "an accommodation"; it would blast Marshall's reputation; the Directory "would immediately publish ... that I

ble to be credited for a moment by those who would utter it." I "despise" it, exclaims the insulted Virginia

nctuous speech to his colleagues on the righteousness of his own motives. Pinckney, intolerably bored and disgusted, to

Pinckney rode Gerry hard, "and insisted in plain terms on the duplicity which had been practiced [by Gerry] upon us both." The latter ridiculously explained, evaded, and, in gene

by declaring what he had stated before, that the American envoys "are ready to consider and to compensate the injury, if the American Government has given just cause of complaint to that of France"; and points out

envoys will prove their good faith; and thus, with an offer to compensate France for any wrong, "a base for an accommodation" is established. Every grievance Talleyrand had made is then answered minut

applicable to the present day. Answering Talleyr

.. more deeply impressed on the public mind, than the liberty of the press. That this liberty is often carried to excess, that it has sometimes degenerated into licentiousness, is seen and lamented; but the remedy ha

ed. Without doubt this abuse of a valuable privilege is [a] matter of peculiar regret when it is extended to the Government of a foreign nation." It never is so extended "with the approbation of the Government

ng hand, on the Federal [American] Government itself. Nothing can be more notorious than the calumnies and invectives with which the wisest measures and most virtuous characters of the United States have been pursued an

its officers, have been published to the world by French journalists and in French pamphlets." Yet America had not complained of "these calumnies, atrocious as they are.... Had not other causes, infi

es: "It requires no assurance to convince, that every real American must wish sincerely to extricate his country from the ills it suffers, and from the greater ills

emands of money heretofore made the consideration on which alone the cessation of hostility on American commerce could be obtained." No one of the three American envoys had powe

I could not even lay in a moderate stock of wine or send my foul linen to be washed."[735] The now inescapable Beaumarchais saw Marshall again and told him that Talleyrand said that "I [Marshall] was no foreign mi

gone the negotiation would be carried on; that in America I belonged to the English faction, which universally hated and opposed the French faction; that all I sought for was to produce a rupture in such a manner as to throw the w

notwithstanding his humiliating experiences and the failure of the mission, he was neither sour nor depressed. He had made many personal friends in Paris; and on taking ship at Bordeaux he does not forget to send them greetings, singling out Madame de Villette for a gay message of farewell. "Present me to my

nckney's "warm remonstrances with him on the bad consequences ... of such conduct and on the impropriety of" his secret "correspondence with Talleyrand under injunction not to communicate it to his colleagues." Pinckney says: "I have m

TNO

he lady an intimation is given that that part of the affair was not much to the credit of the Americans." (And see Austin: Gerry, ii, footnote to 202.) Madame de Villette was the widow of a Royalist colonel. Her brother, an

Prs., For. R

lution. Silas Deane, for our Government, made the original contract with Beaumarchais. In addition to the contest before the courts, in which Marshall was Beaumarchais's attorney, the matter was before Congress three times during the claimant's life and, through his heirs, twice af

Beaumarchais et son temps; also, Channing, iii, 283, and references in the footnote; and Perkins: France in the American Revolution. Also see Henry to Beaumarchais, Jan. 8, 1785; Henry, iii, 264, in which Henry says: "I therefore feel myself gratified in seeing, as I

's Journal, ii

Rel., ii, 167; Marshall's

ch Government which it was practically impossible for American masters to furnish; yet, without it, their ves

ll's Journal

Prs., For. R

patches is puzzling, for Tall

Prs., For. R

don, Dec. 23, 1797; King, ii, 261. King to Pinck

n cipher) London, Dec. 24

King, Dec. 27, 179

's Journal, De

, Jan. 2,

's Journal, Ja

b., Jan

] Ib

Ib., J

th mission. (See

Prs., For. R

Prs., For. Rel

Ib.,

Prs., For. R

al, 39; also see Austi

Prs., For. Rel

Prs., For. R

Ib.,

6]

7]

Prs., For. R

Prs., For. R

Ib.,

Prs., For. R

Ib.,

Prs., For. R

Ib., 1

Ib.,

bts cases. (See

tement of the American case "unanswerable" and "proudly independent." (Ib., 395.) Contrast Mu

's Journal, Ja

Ib., F

b., Feb

ll's Journal

b., Feb

b., 42-

l's Journal,

l's Journal,

, Feb. 6

l's Journal,

in his Journal, but Pickering, on the authority of Pinckney, in the of

l's Journal,

l's Journal,

. 28, 67-68. S

el., ii, 186-87; Marshall'

ll's Journal

l's Journal,

l, 82-88; Am. St. Prs.,

's Journal, Ma

that Marshall knew that his famo

upon America; the threat of formally declarin

e French Nation was tired of the war, groaning under taxa

March 8, 1798; Amer. Hist. Rev., Jan.

l's Journal,

l's Journal,

, April 3, 1798, quoting Pi

s, were hot for France. Only a very few papers, like Fenno's Gazette of the United States

Prs., For. Rel

Ib.,

l's Journal,

's Journal, Ma

Fairfax

l's Journal,

's Journal, Ma

, April 3

Prs., For. R

Prs., For. R

ery fine" Madeira to serve his own use, supply weddings, and still leave a quantit

ournal, April 10 a

th, Bordeaux, April 21,

Adams, April 24, 179

same, May 18,

enclosed in a letter to Secretary of State, Ap