The Life of John Marshall (Volume 2 of 4). Beveridge Albert Jeremiah

---

Скачать книгу

---

Hamilton brought into action the artillery of his astounding intellect. In a series of public letters under the signature of "Camillus," he vindicated every feature of the treaty, evading nothing, conceding nothing. These papers were his last great constructive work. In numbers three, six, thirty-seven, and thirty-eight of "Camillus," he expounded the Constitution on the treaty-making power; demonstrated the exclusive right of the President to negotiate, and, with the Senate, to conclude, treaties; and proved, not only that the House should not be consulted, but that it is bound by the Constitution itself to pass all laws necessary to carry treaties into effect.345

      Fearless, indeed, and void of political ambition were those who dared to face the tempest. "The cry against the Treaty is like that against a mad-dog," wrote Washington from Mount Vernon.346 Particularly was this true of Virginia, where it raged ungovernably.347 A meeting of Richmond citizens "have outdone all that has gone before them" in the resolutions passed,348 bitterly complained Washington. Virginians, testified Jefferson, "were never more unanimous. 4. or 5. individuals of Richmond, distinguished however, by their talents as by their devotion to all the sacred acts of the government, & the town of Alexandria constitute the whole support of that instrument [Jay Treaty] here."349 These four or five devoted ones, said Jefferson, were "Marshall, Carrington, Harvey, Bushrod Washington, Doctor Stewart."350 But, as we are now to see, Marshall made up in boldness and ability what the Virginia friends of the Administration lacked in numbers.

      CHAPTER IV

      WASHINGTON'S DEFENDER

      His [Marshall's] lax, lounging manners have made him popular. (Jefferson.)

      Having a high opinion of General Marshall's honor, prudence, and judgment, consult him. (Washington.)

      The man [Washington] who is the source of all the misfortunes of our country is no longer possessed of the power to multiply evils on the United States. (The Aurora on Washington's retirement from the Presidency.)

      Jefferson properly named Marshall as the first of Washington's friends in Virginia. For, by now, he had become the leader of the Virginia Federalists. His lucid common sense, his level poise, his steady courage, his rock-like reliability – these qualities, together with his almost uncanny influence over his constituents, had made him chief in the Virginia Federalist councils.

      So high had Marshall risen in Washington's esteem and confidence that the President urged him to become a member of the Cabinet.

      "The office of Attorney Gen^ḷ of the United States has become vacant by the death of Will Bradford, Esq.351 I take the earliest opportunity of asking if you will accept the appointment? The salary annexed thereto, and the prospects of lucrative practice in this city [Philadelphia] – the present seat of the Gen^ḷ Government, must be as well known to you, perhaps better, than they are to me, and therefore I shall say nothing concerning them.

      "If your answer is in the affirmative, it will readily occur to you that no unnecessary time should be lost in repairing to this place. If, on the contrary, it should be the negative (which would give me concern) it might be as well to say nothing of this offer. But in either case, I pray you to give me an answer as promptly as you can."352

      Marshall decided instantly; he could not possibly afford to accept a place yielding only fifteen hundred dollars annually, the salary of the Attorney-General at that period,353 and the duties of which permitted little time for private practice which was then allowable.354 So Marshall, in a "few minutes" declined Washington's offer in a letter which is a model of good taste.

      "I had the honor of receiving a few minutes past your letter of the 26th inst.

      "While the business I have undertaken to complete in Richmond,355 forbids me to change my situation tho for one infinitely more eligible, permit me Sir to express my sincere acknowledgments for the offer your letter contains & the real pride & gratification I feel at the favorable opinion it indicates.

      "I respect too highly the offices of the present government of the United States to permit it to be suspected that I have declined one of them."356

      When he refused the office of Attorney-General, Washington, sorely perplexed, wrote Marshall's brother-in-law,357 Edward Carrington, United States Marshal and Collector of Internal Revenue for the District of Virginia,358 a letter, "the whole" of which "is perfectly confidential, written, perhaps, with more candor than prudence," concerning Innes or Henry for the place; but, says the President, "having a high opinion of General359 Marshall's honor, prudence, and judgment," Carrington must consult him.360

      The harassed President had now come to lean heavily on Marshall in Virginia affairs; indeed, it may be said that he was Washington's political agent at the State Capital. Carrington's answer is typical of his reports to the President: "The inquiry [concerning the selection of an Attorney-General] which you have been pleased to submit to Gen^ḷ Marshall and myself demands & receives our most serious attention – On his [Marshall's] aid I rely for giving you accurate information."361

      John Marshall

      From a painting by Rembrandt Peale

      Later Carrington advises Washington that Marshall "wishes an opportunity of conversing with Col. Innes before he decides."362 Innes was absent at Williamsburg; and although the matter was urgent, Marshall and Carrington did not write Innes, because, to do so, would involve a decisive offer from Washington which "Gen^ḷ Marshall does not think advisable."363

      When Washington's second letter, suggesting Patrick Henry, was received by Carrington, he "immediately consulted Gen^ḷ Marshall thereon"; and was guided by his opinion. Marshall thought that Washington's letter should be forwarded to Henry because "his nonacceptance, from domestic considerations, may be calculated on"; the offer "must tend to soften" Henry "if he has any asperities"; and the whole affair would make Henry "active on the side of Government & order."364

      Marshall argued that, if Henry should accept, his friendship for the Administration could be counted on. But Marshall's strongest reason for trying to induce Henry to become a member of the Cabinet was, says Carrington, that "we are fully persuaded that a more deadly blow could not be given to the Faction [Republican party] in Virginia, & perhaps elsewhere, than that Gentleman's acceptance of the" Attorney-Generalship. "So much have the opposers of the Government held him [Henry] up as their oracle, even since he has ceased to respond to them, that any event demonstrating his active support to Government, could not but give the [Republican] party a severe shock."365

      A week later Carrington reports that Henry's "conduct & sentiments generally both as to government & yourself [Washington] are such as we [Marshall and Carrington] calculated on … which assure us of his discountenancing calumny of every description & disorder,"366 meaning that Henry was hostile to the Republicans.

      In the rancorous assaults upon the Jay Treaty in Virginia, Marshall, of course, promptly took his position by Washington's side, and stoutly defended the President and even the hated compact itself.

---

Скачать книгу