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

Journal, H.D. (1795), 54-55; and see Anderson, 43.

American Remembrancer , ii, 269.

Ames to Gore, Jan. 10, 1795; Works : Ames, i, 161.

Jefferson to Monroe, Sept. 6, 1795; Works : Ford, viii, 187-88.

Ib.

Jefferson to Tazewell, Sept. 13, 1795; Works : Ford, viii, 191. The Jay Treaty and Neutrality must be considered together, if the temper of the times is to be understood. "If our neutrality be still preserved, it will be due to the President alone," writes the younger Adams from Europe. "Nothing but his weight of character and reputation, combined with his firmness and political intrepidity could have stood against the torrent that is still tumbling with a fury that resounds even across the Atlantic… If his system of administration now prevails, ten years more will place the United States among the most powerful and opulent nations on earth… Now, when a powerful party at home and a mighty influence from abroad, are joining all their forces to assail his reputation, and his character I think it my duty as an American to avow my sentiments." (J. Q. Adams to Bourne, Dec. 24, 1795; Writings, J. Q. A. : Ford, i, 467.)

Charles Pinckney's Speech; American Remembrancer , i, 7.

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.)

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

"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.

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

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.

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.

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

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

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.

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

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

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

The Fairfax purchase. See infra , chap. v.

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

See infra , chap. v.

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.

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.

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

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

Ib.

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

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

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 Virg a." (Carrington to Washington, Oct. 13, 1795; MS., Lib. Cong.)

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.)

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.)

American Remembrancer , i, 27.

See infra , chap. v.

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

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

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.

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