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

The Life of John Marshall (Volume 2 of 4)

argument against the constitutionality of the Bank Act in Annals, 1st Cong., Feb. 2, 1791, pp. 1944-52; Feb. 8, 2008-12; also, Writings: Hunt, vi, 19-42. This argument best shows Madison's sudden and radical change from an extreme Nationalist to an advocate of the most restricted National powers.

189

Hamilton's "Opinion as to the Constitutionality of the Bank of the United States"; Works: Lodge, iii, 445-93. Adams took the same view. (See Adams to Rush, Dec. 27, 1810; Old Family Letters, 272.)

190

"Opinion as to the Constitutionality of the Bank of the United States"; Works: Lodge, iii, 445-93. Washington was sorely perplexed by the controversy and was on the point of vetoing the Bank Bill. (See Rives, iii, 170-71.)

191

Marshall, ii, 206-07.

192

Ames to Dwight, Jan. 23, 1792; Works: Ames, i, 110-11.

193

"A Candid State of Parties" —National Gazette, Sept. 26, 1792.

194

"I was no party man myself and the first wish of my heart was, if parties did exist, to reconcile them." (Washington to Jefferson, July 6, 1796; Writings: Ford, xiii, 230.)

195

Compare Hamilton's "Opinion as to the Constitutionality of the Bank of the United States" with Marshall's opinion in McCulloch vs. Maryland, The student of Marshall cannot devote too much attention to Hamilton's great state papers, from the "First Report on the Public Credit" to "Camillus." It is interesting that Hamilton produced all these within five years, notwithstanding the fact that this was the busiest and most crowded period of his life.

196

Binney, in Dillon, iii, 301-02.

197

La Rochefoucauld, iii, 73. For a man even "to be passive … is a satisfactory proof that he is on the wrong side." (Monroe to Jefferson, July 17, 1792; Monroe's Writings: Hamilton, i, 238.)

198

George Mason to John Mason, July 12, 1791; Rowland, ii, 338.

199

Corbin to Hamilton, March 17, 1793; as quoted in Beard: Econ. O. J. D., 226.

200

"Patrick Henry once said 'that he could forgive anything else in Mr. Jefferson, but his corrupting Mr. Madison.'" (Pickering to Marshall, Dec. 26, 1828; Pickering MSS., Mass. Hist. Soc.) "His [Madison's] placing himself under the pupilage of Mr. Jefferson and supporting his public deceptions, are sufficient to put him out of my book." (Pickering to Rose, March 22, 1808; ib.)

201

Madison's course was irreconcilable with his earlier Nationalist stand. (See Beard: Econ. O. J. D., 77; and see especially the remarkable and highly important letter of Hamilton to Carrington, May 26, 1792; Works: Lodge, ix, 513-35, on Madison's change, Jefferson's conduct, and the politics of the time.) Carrington was now the brother-in-law of Marshall and his most intimate friend. Their houses in Richmond almost adjoined. (See infra, chap. v.)

202

See brief but excellent account of this famous journey in Gay: Madison (American Statesmen Series), 184-85; and contra, Rives, iii, 191.

203

Jefferson to Madison, June 29, 1792; Works: Ford, vii, 129-30.

204

No letters have been discovered from Hamilton to Marshall or from Marshall to Hamilton dated earlier than three years after Jefferson's letter to Madison.

205

"The length of the last session has done me irreparable injury in my profession, as it has made an impression on the general opinion that two occupations are incompatible." (Monroe to Jefferson, June 17, 1792; Monroe's Writings: Hamilton, i, 230.)

206

See infra, chap. x.

207

Ames to Dwight, Jan., 1793; Works: Ames, i, 126-27.

208

Rives, iii, 192-94; and see McMaster, ii, 52-53; also Hamilton to Carrington, May 26, 1792; Works: Lodge, ix, 513-35.

209

Washington to Jefferson, Aug. 23, 1792; Writings: Ford, xii, 174-75. This letter is almost tearful in its pleading.

210

Jefferson to Washington, Sept. 9, 1792; Works: Ford, vii, 137 et seq. The quotation in the text refers to Jefferson's part in the deal fixing the site of the Capital and passing the Assumption Act. Compare with Jefferson's letters written at the time. (Supra, 64.) It is impossible that Jefferson was not fully advised; the whole country was aroused over Assumption, Congress debated it for weeks, it was the one subject of interest and conversation at the seat of government, and Jefferson himself so testifies in his correspondence.

211

Washington to Hamilton, Aug. 26, 1792; Writings: Ford, xii, 177-78.

212

Hamilton to Washington, Sept, 9, 1792; Works: Lodge, vii, 306.

213

See Marshall, ii, 191-92.

214

Journal, H.D. (Nov. 28, 1793), 101.

215

Ib. The Legislature instructed Virginia's Senators and Representatives to endeavor to secure measures to "suspend the operation and completion" of the articles of the treaty of peace looking to the payment of British debts until the posts and negroes should be given up. (Ib., 124-25; also see Virginia Statutes at Large, New Series, i, 285.) Referring to this Ames wrote: "Thus, murder, at last, is out." (Ames to Dwight, May 6, 1794; Works: Ames, i, 143-44.)

216

Chisholm vs. Georgia, 2 Dallas, 419.

217

Journal, H.D. (1793), 92-99; also see Virginia Statutes at Large, New Series, i, 284. This was the origin of the Eleventh Amendment to the Constitution. The Legislature "Resolved, That a State cannot, under the Constitution of the United States, be made a defendant at the suit of any individual or individuals, and that the decision of the Supreme Federal Court, that a State may be placed in that situation, is incompatible with, and dangerous to the sovereignty and independence of the individual States, as the same tends to a general consolidation of these confederated republics." Virginia Senators were "instructed" to make "their utmost exertions" to secure an amendment to the Constitution regarding suits against States. The Governor was directed to send the Virginia resolution to all the other States. (Journal, H.D. (1793), 99.)

218

Ib., 125.

219

Ib.; also Statutes at Large, supra, 284.

220

See Annals, 2d Cong., 900-63.

221

Journal, H.D. (1793), 56-57. Of Giles's methods in this attack on Hamilton the elder Wolcott wrote that it was "such a piece of baseness as would have disgraced the council of Pandemonium." (Wolcott to his son, March 25, 1793; Gibbs, i, 91.)

222

Beard: Econ. O. J. D., chap. vi.

223

Professor Beard, after a careful treatment of this subject, concludes that "The charge of mere corruption must fall to the ground." (Ib., 195.)

224

"To the northward of Baltimore everybody … speculates, trades, and jobs in the stocks. The judge, the advocate, the physician and the minister of divine worship, are all, or almost all, more or less interested in the sale of land, in the purchase of goods, in that of bills of exchange, and in lending money at two or three per cent." (La Rochefoucauld, iv, 474.) The French traveler was also impressed with the display of riches in the Capital. "The profusion of luxury of Philadelphia, on great days, at the tables of the wealthy, in their equipages and the dresses of their wives

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