The Life of John Marshall (Volume 2 of 4). Beveridge Albert Jeremiah
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СКАЧАТЬ 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 of the United States has become vacant by the death of Will Bradford, Esq.351 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 Government, 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

      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 and the duties of which permitted little time for private practice which was then allowable.354 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 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

      When he refused the office of Attorney-General, Washington, sorely perplexed, wrote Marshall's brother-in-law,357 Edward Carrington, United States Marshal and Collector of Internal Revenue for the District of Virginia,358 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 General359 Marshall's honor, prudence, and judgment," Carrington must consult him.360

      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 Marshall and myself demands & receives our most serious attention – On his [Marshall's] aid I rely for giving you accurate information."361

      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 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 Marshall does not think advisable."363

      When Washington's second letter, suggesting Patrick Henry, was received by Carrington, he "immediately consulted Gen Marshall thereon"; and was guided by his opinion. Marshall thought that Washington's letter should be forwarded to Henry because "his nonacceptance, from domestic considerations, may be calculated on"; the offer "must tend to soften" Henry "if he has any asperities"; and the whole affair would make Henry "active on the side of Government & order."364

      Marshall argued that, if Henry should accept, his friendship for the Administration could be counted on. But Marshall's strongest reason for trying to induce Henry to become a member of the Cabinet was, says Carrington, that "we are fully persuaded that a more deadly blow could not be given to the Faction [Republican party] in Virginia, & perhaps elsewhere, than that Gentleman's acceptance of the" Attorney-Generalship. "So much have the opposers of the Government held him [Henry] up as their oracle, even since he has ceased to respond to them, that any event demonstrating his active support to Government, could not but give the [Republican] party a severe shock."365

      A week later Carrington reports that Henry's "conduct & sentiments generally both as to government & yourself [Washington] are such as we [Marshall and Carrington] calculated on … which assure us of his discountenancing calumny of every description & disorder,"366 meaning that Henry was hostile to the Republicans.

      In the rancorous assaults upon the Jay Treaty in Virginia, Marshall, of course, promptly took his position by Washington's side, and stoutly defended the President and even the hated compact itself. Little cared Marshall for the effect of his stand upon his popularity. Not at all did he fear or hesitate to take that stand. And high courage was required to resist the almost universal denunciation of the treaty in Virginia. Nor was this confined to the masses of the people; it was expressed also by most of the leading men in the various communities. At every meeting of protest, well-drawn and apparently convincing resolutions were adopted, and able, albeit extravagant, speeches were made against the treaty and the Administration.

      Typical of these was the address of John Thompson at Petersburg, August 1, 1795.367 With whom, asked Thompson, was the treaty made? With the British King "who had sworn eternal enmity to republics"; that hateful monarch who was trying "to stifle the liberty of France" and "to starve thirty millions of men" by "intercepting the correspondence and plundering the commerce of neutral nations," especially that of the United States. The British, declared Thompson, sought "the destruction of our rising commerce; the annihilation of our growing navigation," and were pursuing that object "with all the … oppression which rapacity can practice."

      Sequestration of British debts and other justifiable measures of retaliation would, said he, have stopped Great Britain's lawless practices. But the Administration preferred to treat with that malign Power; and our envoy, Jay, instead of "preserving the attitude of dignity and speaking the language of truth … basely apostatizing from republican principles, stooped to offer the incense of flattery to a tyrant, the scourge of his country, the foe of mankind… Yes!" exclaimed the radical orator, "we hesitated to offend a proud King, who had captured our vessels, enslaved our fellow-citizens, ruined our merchants, invaded our territory and trampled on our sovereignty." In spite of these wrongs and insults, "we prostrated ourselves before him, smiled in his face, flattered, and obtained this treaty."

The treaty thus negotiated was, declared Thompson, the climax of the Funding system which had "organized a great aristocracy … usurped the dominion of the СКАЧАТЬ



<p>351</p>

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.

<p>352</p>

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

<p>353</p>

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

<p>354</p>

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

<p>355</p>

The Fairfax purchase. See infra, chap. v.

<p>356</p>

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

<p>357</p>

See infra, chap. v.

<p>358</p>

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.

<p>359</p>

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.

<p>360</p>

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

<p>361</p>

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

<p>362</p>

Ib.

<p>363</p>

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

<p>364</p>

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

<p>365</p>

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.)

<p>366</p>

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.)

<p>367</p>

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.)