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

Again 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. 345 345 "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.

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. 346 346 Washington to Hamilton, July 29, 1795; Writings : Ford, xiii, 76. Particularly was this true of Virginia, where it raged ungovernably. 347 347 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. A meeting of Richmond citizens "have outdone all that has gone before them" in the resolutions passed, 348 348 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. 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." 349 349 Jefferson to Coxe, Sept. 10, 1795; Works : Ford, vii, 29. These four or five devoted ones, said Jefferson, were "Marshall, Carrington, Harvey, Bushrod Washington, Doctor Stewart." 350 350 Jefferson to Monroe, Sept. 6, 1795; ib. , 27. But, as we are now to see, Marshall made up in boldness and ability what the Virginia friends of the Administration lacked in numbers.

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 ḷof the United States has become vacant by the death of Will Bradford, Esq. 351 351 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. 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 ḷGovernment, 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." 352 352 Washington to Marshall, Aug. 26, 1795; Washington MSS., Lib. Cong.

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, 353 353 Act of 1789, Annals , 1st Cong., 1st Sess., Appendix, 2238. and the duties of which permitted little time for private practice which was then allowable. 354 354 For Randolph's pathetic account of his struggles to subsist as Attorney-General, see Conway, chap. xv. 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, 355 355 The Fairfax purchase. See infra , chap. v. 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." 356 356 Marshall to Washington, Aug. 31, 1795; Washington MSS., Lib. Cong.

When he refused the office of Attorney-General, Washington, sorely perplexed, wrote Marshall's brother-in-law, 357 357 See infra , chap. v. Edward Carrington, United States Marshal and Collector of Internal Revenue for the District of Virginia, 358 358 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. 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 General 359 359 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. Marshall's honor, prudence, and judgment," Carrington must consult him. 360 360 Washington to Carrington, Oct. 9, 1795; Writings : Ford, xiii, 116.

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 ḷMarshall and myself demands & receives our most serious attention – On his [Marshall's] aid I rely for giving you accurate information." 361 361 Carrington to Washington, Oct. 2, 1795; MS., Lib. Cong.

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." 362 362 Ib. 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 ḷMarshall does not think advisable." 363 363 Carrington to Washington, Oct. 8, 1795; MS., Lib. Cong.