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

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


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343

Marshall, ii, 378. The Republicans insisted that the assent of the House of Representatives is necessary to the ratification of any treaty that affects commerce, requires appropriation of money, or where any act of Congress whatever may be necessary to carry a treaty into effect. (Ib.; and see Livingston's resolutions and debate; Annals, 4th Cong., 1st Sess., 1795, 426; 628.)

344

"Priestly's Emigration," printed in Cobbett, i, 196, quoting "Agricola."

345

"Camillus"; Works: Lodge, v and vi. It is impossible to give a satisfactory condensation of these monumental papers. Struck off in haste and under greatest pressure, they equal if not surpass Hamilton's "First Report on the Public Credit," his "Opinion as to the Constitutionality of the Bank of the United States," or his "Report on Manufactures." As an intellectual performance, the "Letters of Camillus" come near being Hamilton's masterpiece.

346

Washington to Hamilton, July 29, 1795; Writings: Ford, xiii, 76.

347

The whole country was against the treaty on general grounds; but Virginia was especially hostile because of the sore question of runaway slaves and the British debts.

348

Washington to Randolph, Aug. 4, 1795; Writings: Ford, xiii, footnote to 86. See Resolutions, which were comparatively mild; American Remembrancer, i, 133-34; and see Richmond and Manchester Advertiser, of July 30, and Aug. 6, 1795.

349

Jefferson to Coxe, Sept. 10, 1795; Works: Ford, vii, 29.

350

Jefferson to Monroe, Sept. 6, 1795; ib., 27.

351

When Jefferson resigned, Randolph succeeded him as Secretary of State, and continued in that office until driven out of public life by the famous Fauchet disclosure. William Bradford of Pennsylvania succeeded Randolph as Attorney-General.

352

Washington to Marshall, Aug. 26, 1795; Washington MSS., Lib. Cong.

353

Act of 1789, Annals, 1st Cong., 1st Sess., Appendix, 2238.

354

For Randolph's pathetic account of his struggles to subsist as Attorney-General, see Conway, chap. xv.

355

The Fairfax purchase. See infra, chap. v.

356

Marshall to Washington, Aug. 31, 1795; Washington MSS., Lib. Cong.

357

See infra, chap. v.

358

Executive Journal, U.S. Senate, i, 81, 82. And see Washington's Diary: Lossing, 166. Carrington held both of these offices at the same time.

359

Referring to Marshall's title as General of Virginia Militia. He was called "General" from that time until he became Chief Justice of the United States.

360

Washington to Carrington, Oct. 9, 1795; Writings: Ford, xiii, 116.

361

Carrington to Washington, Oct. 2, 1795; MS., Lib. Cong.

362

Ib.

363

Carrington to Washington, Oct. 8, 1795; MS., Lib. Cong.

364

Ib., Oct. 13, 1795; MS., Lib. Cong.

365

Ib. A passage in this letter clearly shows the Federalist opinion of the young Republican Party and suggests the economic line dividing it from the Federalists. "In the present crisis Mr. H.[enry] may reasonably be calculated on as taking the side of Government, even though he may retain his old prejudices against the Constitution. He has indubitably an abhorrence of Anarchy… We know too that he is improving his fortune fast, which must additionally attach him to the existing Government & order, the only Guarantees of property. Add to all this, that he has no affection for the present leaders of the opposition in Virga." (Carrington to Washington, Oct. 13, 1795; MS., Lib. Cong.)

366

Carrington to Washington, Oct. 20, 1795; MS., Lib. Cong. Carrington's correspondence shows that everything was done on Marshall's judgment and that Marshall himself personally handled most of the negotiations. (See ib., Oct. 28; Oct. 30, 1795.)

367

American Remembrancer, i, 21 et seq. John Thompson was nineteen years old when he delivered this address. His extravagant rhetoric rather than his solid argument is quoted in the text as better illustrating the public temper and prevailing style of oratory. (See sketch of this remarkable young Virginian, infra, chap. x.)

[368] A favorite Republican charge was that the treaty would separate us from France and tie us to Great Britain: "A treaty which children cannot read without discovering that it tends to disunite us from our present ally, and unite us to a government which we abhor, detest and despise." ("An Old Soldier of '76"; American Remembrancer, ii, 281.)

368

American Remembrancer, i, 27.

369

See infra, chap. v.

370

Ames to Gore, March 11, 1796; Works: Ames, i, 189.

371

Annals, 4th Cong., 1st Sess., 1033-34.

372

Ib., 1063. See Anderson, 41-43. As one of the purchasers of the Fairfax estate, Marshall had a personal interest in the Jay Treaty, though it does not appear that this influenced him in his support of it.

373

The voting was viva voce. See infra, chap. x.

374

Undoubtedly this gentleman was one of the perturbed Federalist managers.

375

North American Review, xxvi, 22. While this story seems improbable, no evidence has appeared which throws doubt upon it. At any rate, it serves to illustrate Marshall's astonishing popularity.

376

Carrington's reports to Washington were often absurd in their optimistic inaccuracy. They are typical of those which faithful office-holding politicians habitually make to the appointing power. For instance, Carrington told Washington in 1791 that, after traveling all over Virginia as United States Marshal and Collector of Internal Revenue, he was sure the people were content with Assumption and the whiskey tax (Washington's Diary: Lossing, footnote to 166), when, as a matter of fact, the State was boiling with opposition to those very measures.

377

The mingling, in the Republican mind, of the Jay Treaty, Neutrality, unfriendliness to France, and the Federalist Party is illustrated in a toast at a dinner in Lexington, Virginia, to Senator Brown, who had voted against the treaty: "The French Republic – May every power or party who would attempt to throw any obstacle in the way of its independence or happiness receive the reward due to corruption." (Richmond and Manchester Advertiser, Oct. 15, 1795.)

378

Carrington to Washington, Nov. 10, 1795; MS., Lib. Cong.

379

Ib., Nov. 13, 1795; MS.; Lib. Cong.

[381] The resolution "was warmly agitated three whole days." (Randolph to Jefferson, Nov. 22, 1795; Works: Ford, viii, footnote to 197.)

380

Carrington to Washington, Nov. 20, 1795; MS., Lib. Cong.

381

See debates; Annals, 4th Cong., 1st Sess., 423-1291; also see Petersburg Resolutions; American Remembrancer, i, 102-07.

382

Thompson's address, Aug. 1, 1795, at Petersburg; ib., 21 et seq.

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