The Life of John Marshall Volume 3 of 4

ten libels on one

nity, will, by his reader, be pron

pitation. It is one of the most desirable objects I have

this period of his life harried and laborious. His heavy indebtedness to Denny Fairfax[592] continuously troubled him; and, worse still for his peace of mind, he was experiencing the agonies of the literary comp

blishers afford us an intimate view of the great Chief Justice and reveal him as very human. Bu

his Country." Washington's public and private papers were in the possession of his nephew. Although it was advertised that these price

with which to pay the remaining $31,500[593] which his brother and he still owed on the Fairfax purchase, as well as the smaller but yet annoying sum due their brother-in-law, Rawleigh Colston, for his share of the estate which the Marshall brothers had bough

be eager to buy the true story of the life of America's "hero and sage." Perhaps the multitude could not afford volumes so expensive as those Marshall was to write, bu

rs applied to Bushrod Washington "to purchase the copyright,"[597] among them C. P. Wayne, a successful publisher of Philadelphia, who made two propositions to bring out the work. Aft

ume cannot be thought of," and this price should yield to the author and his partner "$150,000, supposing there to be five volumes. This ... would content us, whilst it would leave a very large profit" to the publisher. But, since the number

er paid in for the copyright of any one work ... was 30,000 Dollars." Wayne thinks that Marshall's work may sell better, but is sure that more than ten thousand sets cannot be disposed of for many years. He give

n," and so informed Wayne, calling upon him to "say so" if he wished to acquire British, as well as

pansive; but his idea of the time within which he could write so important a history was grotesque. At first he counted on producing "4 or 5 volumes in

n to ride the long, tiresome, time-consuming Southern circuit; and that, with no great number of cases to be disposed

official labors vanished. Although he had engaged to write the biography during the winter following Washington's death, not one line of it had he penned at the time the contract for publication was made in the a

he United States and all rights of the authors "in any part of North and South America and in the West India Islands." The probable extent of the work was to be "four or five volumes in

rther covenanted that the publisher should "not demand" of the public "a higher price than three dollars per volume in boards."[604] This disappo

tle-page. However, Jefferson soon got wind of the project. The alert politician took swift alarm and promptly suggested measures to counteract the political poison with which he was sure Marshall's pen wo

s, from the close of the War downwards. We are rich ourselves in materials, and can open all the public archives to you; but your residen

ust in time to influence the next presidential election." The imagination of the party manager pictured Marshall's work as nothing but a political pamphlet. "It is written therefore," Jefferson continues

nce that was seriously to interfere with subscriptions to the biography. Jefferson's abnormal sensitiveness to even moderate criticism finally

the danger, but Washington testily assures the nervous publisher that he need have no fear: "The democrats may say what they please and I have exp

d of them, "each acquainted with all the gentlemen of their respective neighborhoods ... and their neighbors would subscribe at request, when they would not to a stranger.... All letters to and from these men go free of postage," Wayne

and vagabond, lecturer and politician, writer and musician.[610] Weems had himself written a "Life of Washington" which had already sold extensively among the com

handsomely, you will sell at least 20,000," he brightly prophesies. Within a week Weems attacks the postmasters and insists that he be allowed to secure sub-agents from among the gentry: "Th

party purposes," he informs Wayne. "For Heaven's Sake, drop now and then a cautionary Hint to John Marshall Esq. Your all is at stake with respect t

a cypher not worth your notice? Because there are 30,000 wealthy families in the City and but 20,000 in the Country, must nothing be tried to enlist 5000, at least of these 20,000??? If the Feds s

onian Anecdotes, Sentimental, Moral Military and Wonderful-All shd be Tried," he advises Wayne.[615] Again, he notes the failure of the postmasters to sell Mars

to inform you," Wayne advised Marshall and his associate, "that the Prospect of an extensive Subscription is gloomy in N. England, particularly they argue it is too Expensive and wait

ld Washington fair play and all will be well. Let but the Interior of the Work be Liberal & the Exterior Elegant, and a Town House & a Co

gain crops out: "The place had been represented to me," records Weems, "as a Nest of Anti Washingtonian Hornets who wd draw their Stings at mentio

stmasters being (I believe) Democrats.[620] Are you sure they will feel a disposition to advance the work?

ely anxious on this subject," he complains to Bushrod Washington, "as the Public evince dissatisfaction at the delay. Each hour I am questioned either verbally or by letter relative to it & its procrastination. Th

against the price of 3 Dolls per vol.," and his sanguine expectations have evaporated: "I did hope that I should realize half the number of subscribers you contemplated, thirty th

blick disgust may be removed." He has heard, he says, and quite directly, that the British rights have been sold "at two thousan

least Eight hundred pages!!!!" moaned the distraught publisher. At that rate, considering the small number of subscribers and the greatly increased cost of paper and labor,[626] Wayne would be ru

d in the book or in the clerk's office as the author of it, if it be avoidable." He cannot tell how many volumes there will be, or even examine, before some time in May, 1804, Washington's papers relating to the per

of the author being given or withheld can produce any difference in the number of subscribers"; but, since he does not wish to leave Wayne "in the Opinion that a real injury has been sustained," he would "submit scruples" to Wayne and

s much to Wayne's judgment. As to spelling: "In any doubtful case I woud decidedly prefer to follow Johnson."[629] Two other

s pressd forward renders this inevitable." He begs Bushrod Washington to "censure and alter freely.... You mistake me very much if you think I rank the corre

business."[633] Totally forgotten was the agreed plan to publish maps in a separate volume, although it was thus "stated in the prospectus."[634] He blandly informs the exasperated publisher that he must wait a long time after publishing the volumes describing the Revolution and those on the Presidency of Washington before the ma

m giving them any proper examination. He had no idea that he had been so careless in his writing and is anxious to revise the work for a second edition. He complains of his health and says he mus

t, his Quaker blood was heated to wrath. Did Marshall's prolixity know no limit? The first two volumes had alre

liment. He thanks Wayne for sending the reviews and comments on one of them: "The very handsome critique in the 'Political and Commercial Register' was new to me." He modestly admits: "I coud only regret that

IST OF CORRECTIONS FOR

ntertained of it. But, I am much more solicitous to hear the strictures upon it"-than commendation of it-because, he says, these would point out defects to be corrected. He asks Wayne, therefore, to send to him at Front Royal, Virginia, "every co

t supposed that so many "inelegancies ... coud have appeared in it," and regrets that he must require Wayne to reset the matter "so materially." He informs his publisher, nevertheless, that he is starting on

m a "Magazine[639] containing a piece condemnatory of the work." Furthermore, the books were not going well; not a copy could the publisher sell tha

" but he cautions Marshall to "let the idea of a 2d edit. revised and corrected remain a secret"; if the public should get wind of such a purpose the stacks of volumes in Wa

ndancy: "The first and second vols. have cost me (150

minor occasions described toward the end.[641] The reader had to make his way through more than one hundred thousand words without arriving even at the cradle of the hero. The voyages of discove

e held to be necessary to an understanding of the great events of Washington's life. So Marshall had gathered the accounts of the various authorities[642] in parts of the c

iams and six sympathetic lines tell of his principles of liberty and toleration.[646] The Salem witchcraft madness is well treated.[647] The descriptions of military movements constitute the

gton's "immensely voluminous correspondence," and that he had copied these authors, sometimes using their

ge Washington, up to the nineteenth year of his age. On the second page the hero, fully uniformed and accoutred, is plunged into the French and Indian Wars. Braddock's defeat

s. Not a word describes the "most bloody" debate over them, and Henry's time-surviving speech is not even referred to.[651] All mention of the fact that Washington was a fellow member with Henry and voted for the resolutions

e uprising against Lord Dunmore,[652] and then Marshall adds this footnote: "The same gentleman wh

t paper"; and a footnote disposes of the fact that "Mr. Jefferson, Mr. John Adams, Mr. Franklin, Mr. Sherman, and Mr. R. R. Livingston, were appointed to prepare this declaration; and the draft reported by the committee has been generally attributed to Mr. Jefferso

59] quotes Washington's remorseless condemnations of the militia,[660] short enlistments, and the democratic spirit among men an

as applied to the British military forces. Wayne reluctantly calls Marshall's attention to this. Marshall replies: "You need m

s ... to the plan of the work" before he wrote any part of it? He wishes "very sincerely" that this had been done. He "should very readily have relinquished [his own] opin

atience which precipitated the publication woud require that the life and transactions of Mr. Washington should be immediately entered upon." Even if he had stuck to

and he found, to his surprise, that he "had to learn that under the pressure of constant application, the spring of the mind loses its elasticity.... But regrets for the past are unavailing," he sighs. "There will be

the copy once more; but since that cannot be, perhaps Wayne might omit the last chapter. Brooding over the "strictures" he had so confidently asked for, he grows irritable. "Whatever might have bee

r the 4th more fit for the public eye." He promises Wayne that, in case of a second edition,[664] he will shorten his interminable pages which shall also "receive very material corrections." But a corrected and improved ed

pointment will be very great if it is not paid." In December, 1804, W

ow are bottomed upon the expectation of the money he is to receive from you."[668] In January, 1805, Wayne sent Washington another thousand dollars-"which I have paid," says Washington, "to Mr. Marshall as I shall

impeachment trial. "They are both in a rough state; too rough to be sent ... but it was impossible to have them recopied," Marshall writes Wayne. He admits they are full of errors in capitalization, punctuation, and spelling, but adds,

06 at the earliest. It is "not yet commenced," he says, "but I shall however set about it in a few days." He explains that there will be little time to work on the biography. "For the ensuing twelve months I shall scarcely have it in my pow

cannot return till October." He still "laments sincerely that an introductory volume was written because [he] finds it almost impossible to compress the c

Nobody wanted a tedious history of the discovery and settlement of America and of colonial deve

rt played by Washington throughout this critical time of founding and constructing-all these were virgin fields. They constituted, too, as vital an epoch i

d. He would have made all the money he had expected, done a real public service, and achieved a solid literary fame. His "Life of Washington" might have been the great social, econo

wo covers and offered to an indifferent, if not hostile, public-a public already "disgusted," a

it would not be deemed illiberal in offering twenty thousand dollars for four thousand subscribers-this was two-sevenths of the original sum for less than one-seventh of the subscribers contemplated." Wayne asks Marshall and W

he middle of March." Repeating his now favorite phrase, he says, "It is absolutely impossible to get the residue of the work completed in the short time which remains this fall." He has been sorely vexed and is a cruelly overworked man: "The unavoidable d

?" Bushrod Washington asks Wayne. "I am particularly anxious," he explains, "on account of Mr. M.... His principal dependence is upon this fund."[676]

public received them when finally they appeared, had, it seems, cooled the ardor of the horseback-and-saddlebag distributor of literary treasures. At all events, he ceases to write his employer about Marshall's "Life of Washington," but is eager for other books.[678] Twice only, in an interval of tw

683] and his picture of the army in retreat is vivid.[684] He faithfully relates the British sentiment among the people.[685] Curiously enough, he is not comprehensive or stirring in his story of Valley Forge.[686] His descriptions of Lafayette and Baron von Steuben are worthy.[687] Again and again he attacks the militia,[688] and is merciles

better résumé of that event, so fruitful of historic results, ever has been given. The last chapter describes the arrival of the British Commission of Conciliation, the propositions m

urth volume, which is less defective than those that preceded it. His delight in verbiage, so justly ridiculed by Callender in 1799,[696] is a little subdued, and his sense of proportion is some

expression of his intense feeling against this "traitor, a sordid traitor, first the slave of his rage, then purchased with gold." Mar

as. This was the first formidable assertion of the principle of equality among nations on the ocean. Great Britain's declaration of war upon Holland, because that country was about to join "The

now written more than half a million words, and this description was the first part of his work that could be resented by the Republicans. The political division was at bottom economic, says Marshall-thos

oops, the suppression of it, Washington's farewell to hi

ist campaign for the election of Jefferson's successor-four years later than Jefferson had anticipated.[702] It was the

cattered following who, from force of party habit, plodded along after them, occasionally encouraged by some local circumstance or fleeting event in which they imagined an "issue" might be found. They had become anti-Natio

ative conflicts that had marked the evolution of them and the development of the American Nation. He could only set forth, in plain and simple terms, those antagonistic ideas which had created p

that were to come. He must expound the philosophy of Nationalism as opposed to that of Localism, and must enrich his exposition by the

ers to Washington. Adams readily agreed, although he says, "they were written under great agitation of mind at a time when a cruel necessity compelled me to take measures which I was very apprehensive would produce the evils which have followed from them. If you have

m has a serious author been called upon to execute an undertaking more difficult. Marshall accomplished the feat in creditable fashion. Moreover, his fairness, restraint, and moderati

ety of the Cincinnati contains the first covert reflection on Jefferson.[706] But the state of the country under the A

f "men of enlarged and liberal minds ... who felt the full value of national honour, and the full obligation of national faith; and who were persuaded of the insecurity of both, if resting for their preserva

of the other party, Marshall imputes to the latter the reverse of those qualities which he praises-a method practic

over the Treaty of Peace;[710] he quickly swings back to the evolution of political parties and, fo

ation of the laws, or by a sacrifice of the rights of others." They thought that "the imprudent and idle could not be protected by the legislature from the consequences of their indiscretion; but should be restrained from involving themselves in difficulties, by the conviction that a r

h the people would not bear." Therefore, they favored "relaxing ... justice," suspending the collection of debts, remitting taxes. These men resisted every attempt to transfer from their own hands into those of Congress all powers that were, in reality, National. Those who held to such "lax notions of honor," were, i

resist the wild projects of the moment, give the people an opportunity to reflect, and allow the good sense of the nation time for exertion." The result of "this instability in principles which ought if possible to be rendered immutable, produced a long train of ills."[712] The

as due exclusively to the operation of the principles which he condemns by the mere statement of them.[7

he elements that prepared to resist the Constitution; and brings out clearly the essential fact that the proposed government of the Nation was, by those who opposed it, considered t

concerning ratification, that "the intrinsic merits of the instrument would not have secured" the adoption of the Con

more space than he takes to describe the formation, submission, and ratification of the Constitution itself.[717] After briefly tellin

itution and were still its enemies. In swift contrast he paints the beginnings of better times, produced by the establishment of the new National Government: "The new course of thinking which had been inspired by the

lton when they accepted places in Washington's first Cabinet.[720] He joyfully quotes Washington's second speech to Congress, in which he declares that "to be prepared for

hich the affairs of the union were administered."[722] In condensing the momentous debate over the establishment of the American financial system, Marshall gives an excellent s

ution on habits of thinking and acting," and especially by "depriving the states of the power to impair the obligation of contracts, or to make any thing but gold and silver a tender in payment of debts, the conviction was impressed on

e effect of the French Revolution on America, and the popular hostility to Washington's Proc

's state papers, the immortal "Farewell Address,"[727] is reproduced in full. The account of the X. Y. Z. mission is provokingly incomplete; that of American preparations for war with France is less disappointing. Wash

t is typical of their comments. "I have just finished ... the last Vol. of Washington's Life and it is worth all the rest

all's history of the foundation period of the Government. Jefferson said nothing for a time, but the matter was seldom out of his t

atic mission. Jefferson writes his congratulations, "yet ... not unmixed with regret. What is to become

ormer enemies. Jefferson's mind dwells on Marshall's work with increasing anxiety: "On the subject of the history of the American Revolution ... who can write it?" he asks. He speaks of Botta's "History,"[732] criticizing its

d by Marshall's work, and it was severely criticized in the North American Review. Jefferson cheers the despondent author and praises his "inestimable" history: "Let me ... implore you, dear Sir, to finish your history of parties.... We have been too careless of our futu

ompiled from authentic and unpublished documents." Had Washington himself written a narrative of his times from the materials he possessed, it would, of course, have been truthful: "But the party feeling of his biograph

fterwards, & before he wrote, had become heroes in party, altho' not in war; and in his reserve on the merits of others, who rendered sign

arrated. No act of heroism ever kindles in the mind of this writer a single aspiration in favor of the holy cause which inspired the bosom, & nerved the arm of the patri

monk would have contemplated the victims of an auto da fé. Let no man believe that Gen. Washington ever intended that his papers shoul

this period to form his idea of it from this history alone, he would suppose the republican party (who were in truth endeavoring to keep the government within the line of the Constitution, and prevent it's being monarchised in practice) were a mere set of grum

hen raging, aided them mainly, and using that as a raw head and bloody bones they were enabled by their stratagems of X. Y. Z. in which this historian was a leading mountebank, their tales of tub-p

umbers of the Monthly Anthology.[739] "Every reader is surprized to find," writes Mr. Thatcher, "the history of North America, instead of the life of an individual.... He [Washington] is always presented ... in the pomp of the military or civil cost

ps his temper, can hardly gain a hearing." Indeed, he complains of Marshall's fairness: he writes as a spectator, instead of as "one, who has himself descended into the arena ... and is yet red with the wounds which

gton," declared that "all that is contained in Marshall is meagre and incomplete in comparison."[741] Even the British critics were not so harsh as the New York Evening P

tless pages, for any sketch or anecdote that might fix a distinguishing feature of private character in the memory.... What seemed to pass with him for dignity, will, by his reader, be pronounced dullness and frigidity."[

ume. On August 29, 1809, he was elected a corresponding member of the Massachusetts Historical Society. In a singularly graceful

mes in an oration, a copy of which he sent to the Chief Justice, who thanks Murphey, and adds: "That work was hurried into a world with too much precipitation, but I have lately given it

shington wrote Wayne to send Marshall "the last three volumes in sheets (the

rshall's delight was unbounded. "It is one of the most desirable objects I have in this life to publish a corrected edition of t

remaining four volumes were, seemingly, reduced to two; but they were so closely printed and in such comparatively small type that the real condensation was far less than it

n the Circuit Court at Richmond, and in twenty-seven cases determined by the Supreme Court. Only four of them[750] are of more than casual interest, and but three of them[751] are of any historical consequence. All the others deal wi

TNO

. ii, 210-12,

also vol. ii, 2

James M. Marshall,

rs, Oct. 12, 1815, Pet

say and Mason Locke Weems had already done so. Noah Webster was especially keen

yne, April 11, 1800, D

8]

n to Wayne, Dec. 11, 18

Washington, Dec. 10, 18

n to Wayne, Dec. 11, 18

to be equal between M

n to Wayne, Dec. 11, 18

22, 1802. (Dreer MSS. loc. cit.) Marshall's name does not appear in the contra

Washington, May 16, 180

arlow, May 3, 1802,

s 1818, but was not given to the public until after his death. It first appeared in the edition of Jefferson's works edited by his grandson, Th

n to Wayne, Nov. 19, 18

all, Feb. 17, 1803,

medicine for the Church, and served for several years as rector of two or three little Episcopal churches in Maryland and ministered occasionally at Pohick Church, in Truro Parish (sometimes called Mou

n his saddlebags. He was a natural orator, a born entertainer, an expert violi

is joy; there he would preach and exhort-and sell books. Did young people assemble for merrymaking, Weems was in his element, and played the fiddle for the dancing

this is due the unparalleled success of his Life of Washington. In addition to this absurd but engaging book, Weems wrote the Life of Gen. Francis Marion (1805); the Life of Benjamin Fra

erican conception of Washington. To it we owe the grotesque and wholly imaginary stories of young Washington and the cherry tree, the planting of lettuce by his fath

Weems, by Lawrence C. Wroth, a mere sk

e, Dec. 10, 1802, D

, Dec. 14, 1802, D

e, Dec. 17, 1802, D

, Dec. 22, 1802, D

, April 2, 1803, D

Washington, Jan. 23, 18

e, April 8, 1803, D

, April 18, 1803,

heir true party name, Republicans: he styled them "democrats," the most opprobrious term the Fede

Wayne, March 1, 1803

. March 23, 1803,

ngton, Oct. 23, 1803

ney from subscribers to Marshall's Life of Washington: "The remittance may be made through the Post Office, and should any danger be app

an politicians of the time. "T. Jefferson, P.U.S." and each member of his Cabinet subscribed; Marshall himself was a subscriber for his

Washington, Nov. 3, 180

rom $100,000 to $70,000. In stating his expenses, Wayne says that the painter "Gilbert Stuart d

letter l

Washington, Dec. 16, 18

yne, Dec. 23, 1803,

yne, Jan. 10, 1804,

d Washington, March 25,

e, April, 1804, D

, April 29, 1804,

ayne, June 1, 1804,

, June 6, 1804, Dr

June 10, July 5, July 8,

Washington, Aug. 20, 18

yne, July 20, 1804,

yne, Aug. 10, 1804,

July, 1804. The reviewer makes many of the criticisms that ap

all, Aug. 20, 1804,

defeat of Braddock. (Marshall: Life of Ge

ntick or Entinck, Gordon, Hutchinson, Minot, Ramsay, Ray

he reader is informed, "distinguished ... by the mildness of his temper, the

; and see vol. i

1st ed.

Ib.

; see Not

] Ib

1st ed.

] Ib

. ii, 82-83; and see v

l. i, 74-79,

hall, 1st

Ib.

Ib.

Ib.

hall, 1st

Ib.

Ib.

5-46; and see vol. i

all, 1st ed

yne, Aug. 10, 1804,

Front Royal, Virginia, Sept.

edition of his Washington, which appeared in 1832, t

yne, Sept. 8, 1804,

t of this draft

first two volumes, from only two thousand five hundred subscribers, since, by the con

Wayne, Dec. 25, 1804

, Jan. 15, 1805, D

, Dec. 30, 1804, D

yne, Feb. 27, 1805,

yne, March 16, 1805,

, June 29, 1805, D

ngton, July 4, 1804,

ayne, Oct. 5, 1805,

yments for the Fairfax estate were made and the deed executed to John and James M. Marshall and thei

, July 14, 1806, D

s, Massillons Do?, Villiage Do?, Whitfields Do?, Fuller [the eminent Baptist divine,] Works, viz. His Gospel its own evidence, Gospel Worthy of all Acceptation, Pilgrim's progress, Baxter's Sts? Rest, Call to the Unconverted, Alarm, by Allein, Hervey's Works, Rushe's Medical Works; All manner of School Books, N

he mind, Blossoms of Morality, Columbian Orator, Enticks Dictionary, Murrays Grammar, Enfield's Speaker, Best Books on Surveying, Do? on Navigation, Mi

. 28, 1804, and Aug. 25,

ordered in it, Weems names twelve copies each of "Sallust, Corderius, Eutropius, Nepos, Caesar's Commentaries, Virgil D

shall, ii

i, 93-98, 102

l, iii, chaps

. i, 98-101,

hall, iii,

41-50; and see vol. i

all, iii, 3

Ib. 50

e of the injuries sustained." The result "could not fail to equal the most sanguine hopes of the friends of the revolution. A sense of perso

ee also vol. i, 115-16, of this

shall, ii

b. Note

and see vol. i, 1

shall, ii

Ib.

l. ii, 405,

shall, iv

] Ib

see vol. i, 143-

shall, iv

shall, iv

rson's letter t

nfra, chap. vi; and see especiall

Marshall, Jul

Army, who had ten thousand times as much Influence Popularity and Power as himself, and that Commander in Chief so much under the influence of his Second in command [Hamilton],

ouse, some of the heads of departments, and some officers of the Army to force me to appoint General Washington ... proceeded not from any re

rica as his country, and to consider ... th

Ib.

Ib.

Ib.

Ib.

arshall

Ib.

rshall,

Ib.

nd objects of Shays's Rebellion is given wholly from the u

Ib.

] Ib

Ib.

nterpreted it from the Bench years later in three of the most important of American judicial opinions-Fletcher vs. Peck, St

shall, v,

and Hamilton. His description of the great radical is in terms of praise, almost laudation; the same is true of h

Ib.

arshall

Ib.

] Ib

afterwards inflexibly adhered, and to which much of

i, chaps. i to i

shall, v,

] Ib

ss Kent, July 14, 1807

rlow, April 16, 1811,

to Adams, June 1

work, published in Italian in 1809, was not translated into English until 1820; but in 1

dams, Aug. 10, 1815,

Greene. This biography was even a greater failure than Marshall's Washingt

nson, March 4, 1823, W

ks: Ford,

Ib.

11, 1808, "Diary," P

the Anthology Society, publishers of this periodical, that they had a hard time in finding a person willing to review Marshall's

London Athen?u

merican Revie

Allibone: Dictionary of English Literature

ct. 1808, as quoted in Ra

s Edinburgh Maga

, Sept. 20, 1809, MSS.

t. 6, 1827, Papers of Archiba

Wayne, Nov. 26, 1816

o Washington, De

ashington, was published for school-children. The publisher, James Crissy of Philadelphia, states that this small volume

ates vs. Schooner Peggy, Marbury v

rst three in