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

449

Story, in Dillon, iii, 355. Marshall's account was inaccurate, as we have seen. His memory was confused as to the vote in the two contests (supra), a very natural thing after the lapse of twenty years. In the first contest the House of Delegates voted overwhelmingly against including the word "wisdom" in the resolutions; and on the Senate amendment restored it by a dangerously small majority. On the second contest in 1796, when Marshall declares that Washington's friends won "by a very small majority," they were actually defeated.

450

Journal, H. D., 153-90.

451

Aurora, Monday, March 5, 1797. This paper, expressing Republican hatred of Washington, had long been assailing him. For instance, on October 24, 1795, a correspondent, in the course of a scandalous attack upon the President, said: "The consecrated ermine of Presidential chastity seems too foul for time itself to bleach." (See Cobbett, i, 411; and ib., 444, where the Aurora is represented as having said that "Washington has the ostentation of an eastern bashaw.") From August to September the Aurora had accused Washington of peculation. (See "Calm Observer" in Aurora, Oct. 23 to Nov. 5, 1795.)

452

Henry to his daughter, Aug. 20, 1796; Henry, ii, 569-70. Henry was now an enemy of Jefferson and his dislike was heartily reciprocated.

453

Washington to Jefferson, July 6, 1796; Writings: Ford, xiii, 230-31. This letter is in answer to a letter from Jefferson denying responsibility for the publication of a Cabinet paper in the Aurora. (Jefferson to Washington, June 19, 1796; Works: Ford, viii, 245; and see Marshall, ii, 390-91.) Even in Congress Washington did not escape. In the debate over the last address of the National Legislature to the President, Giles of Virginia declared that Washington had been "neither wise nor firm." He did not think "so much of the President." He "wished him to retire … the government of the United States could go on very well without him." (Annals, 4th Cong., 2d Sess. (Dec. 14, 1796), 1614-18.) On the three roll-calls and passage of the address Giles voted against Washington. (Ib., 1666-68.) So did Andrew Jackson, a new member from Tennessee. (Ib.)

The unpopularity of Washington's Administration led to the hostile policy of Bache's paper, largely as a matter of business. This provident editor became fiercely "Republican" because, as he explained to his relative, Temple Franklin, in England, he "could not [otherwise] maintain his family," and "he had determined to adopt a bold experiment and to come out openly against the Administration. He thought the public temper would bear it." (Marshall to Pickering, Feb. 28, 1811, relating the statement of Temple Franklin to James M. Marshall while in England in 1793.)

454

Southern Literary Messenger, 1836, ii, 181-91; also see Howe, 266.

455

Southern Literary Messenger, ii, 181-91; also Howe, 266. Apparently the older lawyer had been paid the one hundred dollars, for prepayment was customary in Virginia at the time. (See La Rochefoucauld, iii, 76.) This tale, fairly well authenticated, is so characteristic of Marshall that it is important. It visualizes the man as he really was. (See Jefferson's reference, in his letter to Madison, to Marshall's "lax, lounging manners," supra, 139.)

456

Story, in Dillon, iii, 363.

457

Wirt: The British Spy, 110-12.

458

Mazzei's Recherches sur les États-Unis, published in this year (1788) in four volumes.

459

Marshall himself could not read French at this time. (See infra, chap. vi.)

460

In this chapter of Marshall's receipts and expenditures all items are from his Account Book, described in vol. i, chap. v, of this work.

461

Marshall's third child, Mary, was born Sept. 17, of this year.

462

La Rochefoucauld, iii, 75-76.

463

Records, Henrico County, Virginia, Deed Book, iii, 74.

464

In 1911 the City Council of Richmond presented this house to the Association for the Preservation of Virginia Antiquities, which now owns and occupies it.

465

Mordecai, 63-70; and ib., chap. vii.

466

La Rochefoucauld, iii, 63. Negroes made up one third of the population.

467

Ib., 64; also Christian, 30.

468

This celebrated French playwright and adventurer is soon to appear again at a dramatic moment of Marshall's life. (See infra, chaps. vi to viii.)

469

Marshall's bill in equity in the "High Court of Chancery sitting in Richmond," January 1, 1803; Chamberlin MSS., Boston Public Library. Marshall, then Chief Justice, personally drew this bill. After the Fairfax transaction, he seems to have left to his brother and partner, James M. Marshall, the practical handling of his business affairs.

470

Memorial of William F. Ast and others; MS. Archives, Va. St. Lib.

471

Christian, 46.

472

This company is still doing business in Richmond.

473

Christian, 46.

474

The enterprise appears not to have filled the public with investing enthusiasm and no subscriptions to it were received.

475

See infra, chap. x.

476

Marshall to James M. Marshall, April 3, 1799; MS. This was the only one of Marshall's sisters then unmarried. She was twenty years of age at this time and married Major George Keith Taylor within a few months. He was a man of unusual ability and high character and became very successful in his profession. In 1801 he was appointed by President Adams, United States Judge for a Virginia district. (See infra, chap. xii.) The union of Mr. Taylor and Jane Marshall turned out to be very happy indeed. (Paxton, 77.)

Compare this letter of Marshall with that of Washington to his niece, in which he gives extensive advice on the subject of love and marriage. (Washington to Eleanor Parke Custis, Jan. 16, 1795; Writings: Ford, xiii, 29-32.)

477

Marshall to Everett, July 22, 1833.

478

Christian, 28.

479

Richmond and Manchester Advertiser, Sept. 24, 1795.

480

Proceedings of the M. W. Grand Lodge of Ancient York Masons of the State of Virginia, from 1778 to 1822, by John Dove, i, 144; see also 121, 139.

481

See infra, chap. x.

482

See vol. i, chap. v, of this work.

483

Gilmer, 23-24.

484

Gustavus Schmidt, in Louisiana Law Journal (1841), 81-82.

485

For a list of cases argued by Marshall and reported in Call and Washington, with title of case, date, volume, and page, see Appendix I.

486

A good illustration of a brilliant display of legal learning by associate and opposing counsel, and Marshall's distaste for authorities when he could do without them, is the curious and interesting case of Coleman vs. Dick and Pat, decided in 1793, and reported in 1 Washington, 233. Wickham for appellant and Campbell for appellee cited ancient laws and treaties as far back as 1662. Marshall cited no authority whatever.

487

See Stevens vs.