ЖИЗНЬ ДЖОНА МАРШАЛЛА
Стандартное библиотечное издание
В ЧЕТЫРЕХ ТОМАХ
ТОМ II
JOHN MARSHALL AS CHIEF JUSTICE
From the portrait by Jarvis
ЖИЗНЬ ДЖОНА МАРШАЛЛА
АЛЬБЕРТ Дж. БЕВЕРИДЖ
Том II
ПОЛИТИК, ДИПЛОМАТ, ГОСУДАРСТВЕННЫЙ ДЕЯТЕЛЬ
1789–1801
БОСТОН И НЬЮ-ЙОРК HOUGHTON MIFFLIN COMPANY The Riverside Press Cambridge
АВТОРСКОЕ ПРАВО, 1916, АЛЬБЕРТ Дж. БЕВЕРИДЖ АВТОРСКОЕ ПРАВО, 1919, HOUGHTON MIFFLIN COMPANY ВСЕ ПРАВА ЗАЩИЩЕНЫ
CONTENTS
I.INFLUENCE OF THE FRENCH REVOLUTION ON AMERICA1 The effort of the French King to injure Great Britain by assisting the revolt of the colonists hastens the upheaval in France—The French Revolution and American Government under the Constitution begins at the same time—The vital influence of the French convulsion on Americans—Impossible to understand American history without considering this fact—All Americans, at first, favor the French upheaval which they think a reform movement—Marshall's statement—American newspapers—Gouverneur Morris's description of the French people—Lafayette's infatuated reports—Marshall gets black and one-sided accounts through personal channels—The effect upon him—The fall of the Bastille—Lafayette sends Washington the key of the prison—The reign of blood in Paris applauded in America—American conservatives begin to doubt the wisdom of the French Revolution—Burke writes his "Reflections"—Paine answers with his "Rights of Man"—The younger Adams replies in the "Publicola" essays—He connects Jefferson with Paine's doctrines—"Publicola" is viciously assailed in the press—Jefferson writes Paine—The insurrection of the blacks in St. Domingo—Marshall's account—Jefferson writes his daughter: "I wish we could distribute the white exiles among the Indians"—Marshall's statement of effect of the French Revolution in America—Jefferson writes to Short: "I would rather see half the earth desolated"—Louis XVI guillotined—Genêt arrives in America—The people greet him frantically—His outrageous conduct—The Republican newspapers suppress the news of or defend the atrocities of the revolutionists—The people of Philadelphia guillotine Louis XVI in effigy—Marie Antoinette is beheaded—American rejoicing at her execution—Absurd exaggeration by both radicals and conservatives in America—The French expel Lafayette—Washington sends Marshall's brother to secure his release from the Allies—He fails—Effect upon Marshall—Ridiculous conduct of the people in America—All titles are denounced: "Honorable," "Reverend," even "Sir" or "Mr." considered "aristocratic"—The "democratic societies" appear—Washington denounces them—Their activities—Marshall's account of their decline—The influence on America of the French Revolution summarized—Marshall and Jefferson. II.A VIRGINIA NATIONALIST45 The National Government under the Constitution begins—Popular antagonism to it is widespread—Virginia leads this general hostility—Madison has fears—Jefferson returns from France—He is neutral at first—Madison is humiliatingly defeated for Senator of the United States because of his Nationalism—The Legislature of Virginia passes ominous Anti-Nationalist resolutions—The Republicans attack everything done or omitted by Washington's Administration—Virginia leads the opposition—Washington appoints Marshall to be United States District Attorney—Marshall declines the office—He seeks and secures election to the Legislature—Is given his old committees in the House of Delegates—Is active in the general business of the House—The amendments to the Constitution laid before the House of Delegates—They are intended only to quiet opposition to the National Government—Hamilton presents his financial plan—"The First Report on the Public Credit"—It is furiously assailed—Hamilton and Jefferson make the famous Assumption-Capitol "deal"—Jefferson's letters—The Virginia Legislature strikes Assumption—Virginia writes the Magna Charta of State Rights—Marshall desperately resists these Anti-Nationalist resolutions and is badly beaten—Jefferson finally agrees to the attitude of Virginia—He therefore opposes the act to charter the Bank of the United States—He and Hamilton give contrary opinions—The contest over "implied powers" begins—Political parties appear, divided by Nationalism and localism—Political parties not contemplated by the Constitution—The word "party" a term of reproach to our early statesmen. III.LEADING THE VIRGINIA FEDERALISTS77 Marshall, in Richmond, is aggressive for the unpopular measures of Washington's Administration—danger of such conduct in Virginia—Jefferson takes Madison on their celebrated northern tour—Madison is completely changed—Jefferson fears Marshall—Wishes to get rid of him: "Make Marshall a judge"—Jefferson's unwarranted suspicions—He savagely assails the Administration of which he is a member—He comes to blows with Hamilton—The Republican Party grows—The causes for its increased strength—Pennsylvania resists the tax on whiskey—The Whiskey Rebellion—Washington denounces and Jefferson defends it—Militia ordered to suppress it—Marshall, as brigadier-general of militia, prepares to take the field—War breaks out between England and France—Washington proclaims American Neutrality—Outburst of popular wrath against him—Jefferson resigns from the Cabinet—Marshall supports Washington—At the head of the military forces he suppresses the riot at Smithfield and takes a French privateer—The Republicans in Richmond attack Marshall savagely—Marshall answers his assailants—They make insinuations against his character: the Fairfax purchase, the story of Marshall's heavy drinking—The Republicans win on their opposition to Neutrality—Great Britain becomes more hostile than ever—Washington resolves to try for a treaty in order to prevent war—Jay negotiates the famous compact bearing his name—Terrific popular resentment follows: Washington abused, Hamilton stoned, Jay burned in effigy, many of Washington's friends desert him—Toast drank in Virginia "to the speedy death of General Washington"—Jefferson assails the treaty—Hamilton writes "Camillus"—Marshall stands by Washington—Jefferson names him as the leading Federalist in Virginia. IV.WASHINGTON'S DEFENDER122 Marshall becomes the chief defender of Washington in Virginia—The President urges him to accept the office of Attorney-General—He declines—Washington depends upon Marshall's judgment in Virginia politics—Vicious opposition to the Jay Treaty in Virginia—John Thompson's brilliant speech expresses popular sentiment—He couples the Jay Treaty with Neutrality: "a sullen neutrality between freemen and despots"—The Federalists elect Marshall to the Legislature—Washington is anxious over its proceedings—Carrington makes absurdly optimistic forecast—The Republicans in the Legislature attack the Jay Treaty—Marshall defends it with great adroitness—Must the new House of Representatives be consulted about treaties?—Carrington writes Washington that Marshall's argument was a demonstration—Randolph reports to Jefferson that Marshall's speech was tricky and ineffectual—Marshall defeated—Amazing attack on Washington and stout defense of him led by Marshall—Washington's friends beaten—Legislature refuses to vote that Washington has "wisdom"—Jefferson denounces Marshall: "His lax, lounging manners and profound hypocrisy"—Washington recalls Monroe from France and tenders the French mission to Marshall, who declines—The Fauchet dispatch is intercepted and Randolph is disgraced—Washington forces him to resign as Secretary of State—The President considers Marshall for the head of his Cabinet—The opposition to the Jay Treaty grows in intensity—Marshall arranges a public meeting in Richmond—The debate lasts all day—The reports as to the effect of his speeches contradictory—Marshall describes situation—The Republicans make charges and Marshall makes counter-charges—The national Federalist leaders depend on Marshall—They commission him to sound Henry on the Presidency as the successor of Washington—Washington's second Administration closes—He is savagely abused by the Republicans—The fight in the Legislature over the address to him—Marshall leads the Administration forces and is beaten—The House of Delegates refuse to vote that Washington is wise, brave, or even patriotic—Washington goes out of the Presidency amid storms of popular hatred—The "Aurora's" denunciation of him—His own description of the abuse: "indecent terms that could scarcely be applied to a Nero, a defaulter, or a common pickpocket"—Jefferson is now the popular hero—All this makes a deep and permanent impression on Marshall. V.THE MAN AND THE LAWYER166 An old planter refuses to employ Marshall as his lawyer because of his shabby and unimpressive appearance—He changes his mind after hearing Marshall address the court—Marshall is conscious of his superiority over other men—Wirt describes Marshall's physical appearance—He practices law as steadily as his political activities permit—He builds a fine house adjacent to those of his powerful brothers-in-law—Richmond becomes a flourishing town—Marshall is childishly negligent of his personal concerns: the Beaumarchais mortgage; but he is extreme in his solicitude for the welfare of his relatives: the letter on the love-affair of his sister; and he is very careful of the business entrusted to him by others—He is an enthusiastic Free Mason and becomes Grand Master of that order in Virginia—He has peculiar methods at the bar: cites few authorities, always closes in argument, and is notably honest with the court: "The law is correctly stated by opposing counsel"—Gustavus Schmidt describes Marshall—He is employed in the historic case of Ware vs. Hylton—His argument in the lower court so satisfactory to his clients that they select him to conduct their case in the Supreme Court of the United States—Marshall makes a tremendous and lasting impression by his effort in Philadelphia—Rufus King pays him high tribute—After twenty-four years William Wirt remembers Marshall's address and describes it—Wirt advises his son-in-law to imitate Marshall—Francis Walker Gilmer writes, from personal observation, a brilliant and accurate analysis of Marshall as lawyer and orator—The Federalist leaders at the Capital court Marshall—He has business dealings with Robert Morris—The Marshall syndicate purchases the Fairfax estate—Marshall's brother marries Hester Morris—The old financier makes desperate efforts to raise money for the Fairfax purchase—Marshall compromises with the Legislature of Virginia—His brother finally negotiates a loan in Antwerp on Morris's real estate and pays half of the contract price—Robert Morris becomes bankrupt and the burden of the Fairfax debt falls on Marshall—He is in desperate financial embarrassment—President Adams asks him to go to France as a member of the mission to that country—The offer a "God-send" to Marshall, who accepts it in order to save the Fairfax estate. VI.ENVOY TO FRANCE214 Marshall starts for France—Letters to his wife—Is bored by the social life of Philadelphia—His opinion of Adams—The President's opinion of Marshall—The "Aurora's" sarcasm—The reason for sending the mission—Monroe's conduct in Paris—The Republicans a French party—The French resent the Jay Treaty and retaliate by depredations on American Commerce—Pinckney, as Monroe's successor, expelled from France—President Adams's address to Congress—Marshall, Pinckney, and Gerry are sent to adjust differences between France and America—Gerry's appointment is opposed by entire Cabinet and all Federalist leaders because of their distrust of him—Adams cautions Gerry and Jefferson flatters him—Marshall arrives at The Hague—Conditions in France—Marshall's letter to his wife—His long, careful and important letter to Washington—His letter to Lee from Antwerp—Marshall and Pinckney arrive at Paris—The city—The corruption of the Government—Gerry arrives—The envoys meet Talleyrand—Description of the Foreign Minister—His opinion of America and his estimate of the envoys—Mysterious intimations. VII. FACING TALLEYRAND257 Marshall urges formal representation of American grievances to French Government—Gerry opposes action—The intrigue begins—Hottenguer appears—The Directory must be "soothed" by money "placed at the disposal of M. Talleyrand"—The French demands: "pay debts due from France to American citizens, pay for French spoliations of American Commerce, and make a considerable loan and something for the pocket" (a bribe of two hundred and fifty thousand dollars)—Marshall indignantly opposes and insists on formally presenting the American case—Gerry will not agree—Bellamy comes forward and proposes still harder terms: "you must pay money, you must pay a great deal of money"—The envoys consult—Marshall and Gerry disagree—Hottenguer and Bellamy breakfast with Gerry—They again urge loan and bribe—Marshall writes Washington—His letter an able review of the state of the country—News of Bonaparte's diplomatic success at Campo Formio reaches Paris—Talleyrand's agents again descend on the envoys and demand money—"No! not a sixpence"—Marshall's bold but moderate statement—Hauteval joins Hottenguer and Bellamy—Gerry calls on Talleyrand: is not received—Talleyrand's agents hint at war—They threaten the envoys with "the French party in America"—Marshall and Pinckney declare it "degrading to carry on indirect intercourse"—Marshall again insists on written statement to Talleyrand—Gerry again objects—Marshall's letter to his wife—His letter in cipher to Lee—Bonaparte appears in Paris—His consummate acting—The fête at the Luxemburg to the Conqueror—Effect on Marshall. VIII.THE AMERICAN MEMORIAL290 Madame de Villette—Her friendship with Marshall—Her proposals to Pinckney—Beaumarchais enters the plot—Marshall his attorney in Virginia—Bellamy suggests an arrangement between Marshall and Beaumarchais—Marshall rejects it—Gerry asks Talleyrand to dine with him—The dinner—Hottenguer in Talleyrand's presence again proposes the loan and bribe—Marshall once more insists on written statement of the American case—Gerry reluctantly consents—Marshall writes the American memorial—That great state paper—The French decrees against American commerce become harsher—Gerry holds secret conferences with Talleyrand—Marshall rebukes Gerry—Talleyrand at last receives the envoys formally—The fruitless discussion—Altercation between Marshall and Gerry—Beaumarchais comes with alarming news—Marshall again writes Washington—Washington's answer—The French Foreign Minister answers Marshall's memorial—He proposes to treat with Gerry alone—Marshall writes reply to Talleyrand—Beaumarchais makes final appeal to Marshall—Marshall replies with spirit—He sails for America. IX. THE TRIUMPHANT RETURN335 Anxiety in America—Jefferson is eager for news—Skipwith writes Jefferson from Paris—Dispatches of envoys, written by Marshall, are received by the President—Adams makes alarming speech to Congress—The strength of the Republican Party increases—Republicans in House demand that dispatches be made public—Adams transmits them to Congress—Republicans are thrown into consternation and now oppose publication—Federalist Senate orders publication—Effect on Republicans in Congress—Effect on the country—Outburst of patriotism: "Hail, Columbia!" is written—Marshall arrives, unexpectedly, at New York—His dramatic welcome at Philadelphia—The Federalist banquet: Millions "for defense but not one cent for tribute"—Adams wishes to appoint Marshall Associate Justice of the Supreme Court—He declines—He is enthusiastically received at Richmond—Marshall's speech—He is insulted at the theater in Fredericksburg—Congress takes decisive action: Navy Department is created and provisional army raised—Washington accepts command—His opinions of the French—His letter to Marshall's brother—Jefferson attacks X. Y. Z. dispatches and defends Talleyrand—Alien and Sedition Laws are enacted—Gerry's predicament in France—His return—Marshall disputes Gerry's statements—Marshall's letter to his wife—He is hard pressed for money—Compensation for services as envoy saves the Fairfax estate—Resolves to devote himself henceforth exclusively to his profession. X.CANDIDATE FOR CONGRESS374 Plight of the Federalists in Richmond—They implore Marshall to be their candidate for Congress—He refuses—Washington personally appeals to him—Marshall finally yields—Violence of the campaign—Republicans viciously attack Marshall—the Alien and Sedition Laws the central issue—"Freeholder's" questions to Marshall—His answers—Federalists disgusted with Marshall—"The Letters of Curtius"—The Kentucky and Virginia Resolutions—The philosophy of secession—Madison writes address of majority of Virginia Legislature to their constituents—Marshall writes address of the minority which Federalists circulate as campaign document—Republicans ridicule its length and verbosity—Federalists believe Republicans determined to destroy the National Government—Campaign charges against Marshall—Marshall's disgust with politics: "Nothing more debases or pollutes the human mind"—Despondent letter to his brother—On the brink of defeat—Patrick Henry saves Marshall—Riotous scenes on election day—Marshall wins by a small majority—Washington rejoices—Federalist politicians not sure of Marshall—Jefferson irritated at Marshall's election—Marshall visits his father—Jefferson thinks it a political journey: "the visit of apostle Marshall to Kentucky excites anxiety"—Naval war with France in progress—Adams sends the second mission to France—Anger of the Federalists—Republican rejoicing—Marshall supports President's policy—Adams pardons Fries—Federalists enraged, Republicans jubilant—State of parties when Marshall takes his seat in Congress. XI.INDEPENDENCE IN CONGRESS432 Speaker Sedgwick's estimate of Marshall—Cabot's opinion—Marshall a leader in Congress from the first—Prepares answer of House to President's speech—It satisfies nobody—Wolcott describes Marshall—Presidential politics—Marshall writes his brother analysis of situation—Announces death of Washington, presents resolutions, and addresses House: "first in war, first in peace and first in the hearts of his countrymen"—Marshall's activity in the House—He clashes with John Randolph of Roanoke—Debate on Slavery and Marshall's vote—He votes against his party on Sedition Law—Opposes his party's favorite measure, the Disputed Elections Bill—Forces amendment and kills the bill—Federalist resentment of his action: Speaker Sedgwick's comment on Marshall—The celebrated case of Jonathan Robins—Republicans make it principal ground of attack on Administration—The Livingston Resolution—Marshall's great speech on Executive power—Gallatin admits it to be "unanswerable"—It defeats the Republicans—Jefferson's faint praise—the "Aurora's" amusing comment—Marshall defends the army and the policy of preparing for war—His speech the ablest on the Army Bill—His letter to Dabney describing conditions—Marshall helps draw the first Bankruptcy Law and, in the opinion of the Federalists, spoils it—Speaker Sedgwick vividly portrays Marshall as he appeared to the Federalist politicians at the close of the session. XII.CHIEF JUSTICE OF THE UNITED STATES485 The shattering of Adams's Cabinet—Marshall declines office of Secretary of War—Offered that of Secretary of State—Adams's difficult party situation—The feud with Hamilton—Marshall finally, and with reluctance, accepts portfolio of Secretary of State—Republican comment—Federalist politicians approve: "Marshall a state conservator"—Adams leaves Marshall in charge at Washington—Examples of his routine work—His retort to the British Minister—His strong letter to Great Britain on the British debts—Controversy with Great Britain over contraband, treatment of neutrals, and impressment—Marshall's notable letter on these subjects—His harsh language to Great Britain—Federalist disintegration begins—Republicans overwhelmingly victorious in Marshall's home district—Marshall's despondent letter to Otis: "The tide of real Americanism is on the ebb"—Federalist leaders quarrel; rank and file confused and angered—Hamilton's faction plots against Adams—Adams's inept retaliation: Hamilton and his friends "a British faction"—Republican strength increases—Jefferson's platform—The second mission to France succeeds in negotiating a treaty—Chagrin of Federalists and rejoicing of Republicans—Marshall dissatisfied but favors ratification—Hamilton's amazing personal attack on Adams—The Federalists dumbfounded, the Republicans in glee—The terrible campaign of 1800—Marshall writes the President's address to Congress—The Republicans carry the election by a narrow margin—Tie between Jefferson and Burr—Federalists in House determine to elect Burr—Hamilton's frantic efforts against Burr: "The Catiline of America"—Hamilton appeals to Marshall, who favors Burr—Marshall refuses to aid Jefferson, but agrees to keep hands off—Ellsworth resigns as Chief Justice—Adams reappoints Jay, who declines—Adams then appoints Marshall, who, with hesitation, accepts—The appointment unexpected and arouses no interest—Marshall continues as Secretary of State—The dramatic contest in the House over Burr and Jefferson—Marshall accused of advising Federalists that Congress could provide for Presidency by law in case of deadlock—Federalists consider Marshall for the Presidency—Hay assails Marshall—Burr refuses Federalist proposals—The Federalist bargain with Jefferson—He is elected—The "midnight judges"—The power over the Supreme Court which Marshall was to exercise totally unsuspected by anybody—Failure of friend and foe to estimate properly his courage and determination. APPENDIX565 I. List of Cases567 II. General Marshall's Answer to an Address of the Citizens of Richmond, Virginia571 III. Freeholder's Questions to General Marshall574 WORKS CITED IN THIS VOLUME579