The Life of John Marshall Volume II Part 64

President $25,000 Vice-President 5,000 Chief Justice 4,000 a.s.sociate Justices 3,500 Attorney-General 1,500 Secretary of the Treasury 3,500 Secretary of State 3,500 Secretary of War 3,000 (_Annals_, 1st Cong., 1st Sess., Appendix, 2233-38.)

[1264] At the very beginning of the movement in his favor, Burr refused to encourage it. "Every man who knows me ought to know that I disclaim all compet.i.tion. Be a.s.sured that the Federalist party can entertain no wish for such a change.... My friends would dishonor my views and insult my feelings by a suspicion that I would submit to be instrumental in counteracting the wishes and expectations of the United States. And I now const.i.tute you my proxy to declare these sentiments if the occasion shall require." (Burr to Smith, Dec. 16, 1800; _Was.h.i.+ngton Federalist_, Dec. 31, 1800.)

[1265] Pickering to King, Jan. 5, 1801; King, iii, 366.

[1266] See _Aurora_, Jan. 21, 1801.

[1267] "Lucius," of Fredericksburg, Virginia, in the _Was.h.i.+ngton Federalist_, Jan. 21, 25, and Feb. 6, 1801.

The following extracts from the first of these articles reveal the temper and beliefs of the Federalists: "Burr never _penned_ a declaration of independence; ... but he ... has _engraved that declaration_ in _capitals_ with the point of his sword: It is yet _legible_ on the _walls of Quebeck_. He has _fought_ for that _independency_, for which Mr. _Jefferson_ only _wrote_. _He_ has gallantly exposed his life in support of that declaration and for the _protection_ of its _penn-man_. He has been _liberal_ of his _blood_, _while_ Mr. _Jefferson_ has _only hazarded_ his _ink_....

"_He never shrank from the post of danger._ _He_ is _equally fitted for_ service in the _field_ and in the _public counsels_: He has been _tried_ in _both_: in the one we have seen him _an able and distinguished Senator_;--in the _other_ a _brave_ and _gallant officer_....

"_Mr. Jefferson_ is better qualified to give the description of a b.u.t.terfly's wing or to write an essay on the bones of the Mammouth; ...

but Mr. Burr ... in ... knowledge ... necessary to form the _great and enlightened statesman_, is _much superior_ to Mr. Jefferson....

"Mr. Burr is not ... _consecrated_ to the _French_; ... nor has he unquenchable hatred to ... Great Britain. Unlike the _penn-man_ of the declaration he feels the _full force_ of the expression, 'in _war enemies_, in _peace friends_'... Mr. Burr ... will _only_ consult _national honor_ and _national_ happiness, having no improper pa.s.sions to gratify.

"Mr. Burr is ... a friend of the Const.i.tution ... a friend of the commercial interests ... the firm and decided friend of the _navy_ ...

the _Eastern_ States have had a President and Vice President; So have the _Southern_. It is proper that the _middle_ states should also be respected....

"Mr. Burr has never procured or encouraged those infamous Calumnies against those who have filled the Executive departments ... which we long have witnessed: Nor have those polluted _Sinks_, the Aurora, the Argus, the Press, the Richmond Examiner, and the like, poured forth their _impure_ and _foetid streams_ at the influence of Mr. Burr, or to subserve his vanity or his ambition.

"If Mr. Burr is elected, the _Federalists_ have nothing to _fear_....

The vile calumniators ... of all who have ... supported our government, and the _foreign incendiaries_, who, having no interest in _Heaven_, have called _h.e.l.l_ to their a.s.sistance, ... from Mr. Burr have nothing to _hope_....

"Mr. Burr can be raised to the Presidency without any _insult_ to the feelings of the Federalists, the friends of Government; ... WITHOUT an _insult_ to the _Memory_ of _our_ Was.h.i.+ngton; for it was not by Mr.

_Burr_, nor was it by _his_ friends, nor to _serve him that the great, the good, the immortal_ Was.h.i.+ngton was charged with having, by his name, given a sanction to corruption, with being meanly jealous of the fame of even that contemptible wretch Tom Paine, with being an unprincipled Hypocrite and with being a foul murderer! a murderer under circ.u.mstances of such peculiar atrocity as to shock with horror the merciless savages, and to cause them indignantly to fly from his blood polluted banner!"

[1268] "John Marshall ... is the reputed author of a great part of the [rubbish] in the Was.h.i.+ngton Federalist." (Scots Correspondent [Callender] in _Richmond Examiner_, Feb. 24, 1801.) There is no proof of Callender's a.s.sertion; but some of the matter appearing in the _Was.h.i.+ngton Federalist_ is characteristic of Marshall's style and opinions. See, for instance, the editorial on the prosecution of Theodore Dwight, denouncing "party spirit" (_Was.h.i.+ngton Federalist_, March 1, 1801). The _Aurora_ of March 26, 1801, denounced "John Marshall's Federal Gazette at Was.h.i.+ngton."

[1269] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_: Hamilton, iii, 256. An article signed "Horatius" in the _Was.h.i.+ngton Federalist_ of Jan. 6, 1801, stated this position with great ability.

The argument is able and convincing; and it is so perfectly in Marshall's method of reasoning and peculiar style of expression that his authors.h.i.+p would appear to be reasonably certain.

"Horatius's" opinion concluded that the power of Congress "is completely adequate ... to provide by law for the vacancy that may happen by the removal of both President and Vice President on the 3d of March next, and the non-election of a successor in the manner prescribed by the const.i.tution."

[1270] Monroe to Jefferson, Jan. 18, 1801; Monroe's _Writings_: Hamilton, iii, 256.

[1271] Jefferson to Madison, Dec. 26, 1800; _Works_: Ford, ix, 161-62.

[1272] "Hortensius" to John Marshall, Secretary of State, in the _Richmond Examiner_; reprinted in the _Aurora_, Feb. 9, 1801. George Hay, the writer of this letter, was a lawyer in Richmond. Jefferson appointed him United States Attorney for the District of Virginia, and, as such, he conducted the prosecution of Aaron Burr for treason before John Marshall, who, as Chief Justice of the United States, presided at the trial. (See vol. III of this work.)

Marshall was again attacked in two open letters, signed "Lucius," in the _Richmond Examiner_, Feb. 10, 13, 1801. His reported opinion, said "Lucius," alarmed "the active friends of freedom"; Marshall was "the Idol of his party" and knew the influence of his views: unless he publicly disclaimed the one now attributed to him, "Lucius" proposed to "unveil" Marshall's "motives" and "expose" him "uncovered to the sight of the people"--his "depravity shall excite their odium," etc.

"Lucius's" attacks ended with Jefferson's election.

[1273] The paper criticized "the intemperate counsel of a certain _would be attorney-general_ of the United States (George Hay, _Esq._ of the antient dominion) ... under the signature of Hortensius, and addressed to General Marshall, in consequence of a lie fabricated against him relative to an opinion said to have been given by him upon the late presidential election, which the honorable attorney knew to be a lie as well as we did, but was fearful of being forgot, and despaired of getting a better opportunity to shew himself!!!" (_Was.h.i.+ngton Federalist_, Feb. 12, 1801.)

[1274] Jefferson to Monroe, Feb. 15, 1801; _Works_: Ford, ix, 178-79; and see Jefferson to McKean, March 9, 1801; _ib._, 206.

[1275] Jefferson to Madison, Feb. 18, 1801; _ib._, 182.

[1276] Monroe to Hoomes, Feb. 14, 1801; Monroe's _Writings_: Hamilton, iii, 259; and Monroe to Nicholas, Feb. 18, 1801; _ib._, 260.

[1277] For these incidents and reports see Gallatin to his wife, May 8, 1801; Adams: _Gallatin_, 249.

[1278] Thus, for example, the _Was.h.i.+ngton Federalist_ of Feb. 12, 1801, after the House had balloted "upwards of 30 times":--

"But say the bold and impetuous partisans of Mr. Jefferson, and that, too, _in the Teeth of the a.s.sembled Congress of America_--'_Dare_ to designate any officer whatever, even temporarily, to administer the government in the event of a non-agreement on the part of the House of Representatives, and we will march and _dethrone him as an usurper_.

_Dare_ (_in fact_) to exercise the right of opinion, and place in the presidential chair any other than the philosopher of Monticello, and ten thousand republican _swords will instantly leap from their scabbards_, in defence of the violated rights of the _People_!!!

"Can our Countrymen be caught by so flimsy a pretext?

"Can it possibly interest either their feelings or their judgment?

"Are they, then, ripe for civil war, and ready to imbrue their hands in kindred blood?

"If the tumultuous meetings of a set of factious foreigners in Pennsylvania or a few _fighting_ baccha.n.a.ls of Virginia, mean the _people_, and are to dictate to the Congress of the United States whom to elect as President--if the const.i.tutional rights of this body are so soon to become the prey of anarchy and faction--... it would be prudent to prepare for the contest: the woeful experiment if tried at all could never be tried at a more favorable conjuncture!

"With the militia of Ma.s.sachusetts consisting of 70,000 (_regulars let us call them_) in arms--with those of New Hamps.h.i.+re and Connecticut united almost to a man, with half the number at least of the citizens of eleven other States ranged under the federal banner in support of the Const.i.tution, what could Pennsylvania aided by Virginia--the militia of the latter untrained and farcically performing the manual exercise with _corn-stalks_ instead of muskets--... What, may it be asked, would be the issue of the struggle?"

[1279] "The means existed of electing Burr, but this required his co-operation. By deceiving one man (a great blockhead) and tempting two (not incorruptible) he might have secured a majority of the States."

(Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 522-24.)

"The Federalists were confident at first, they could debauch Col.

B.[urr].... His conduct has been honorable and decisive, and greatly embarra.s.ses them." (Jefferson to his daughter, Jan. 4, 1801; _Works_: Ford, ix, 166.)

[1280] "I was enabled soon to discover that he [Burr] was determined not to shackle himself with federal principles.... When the experiment was fully made, and acknowledged upon all hands, ... that Burr was resolved not to commit himself, ... I came out ... for Jefferson." (Bayard to Hamilton, March 8, 1801; _Works_: Hamilton, vi, 523.)

[1281] The Federalist managers were disgusted with Burr because he refused to aid them in their plot to elect him. "Burr has acted a miserable paultry part," writes Bayard. "The election was in his power, but he was determined to come in as a Democrat.... We have been counteracted in the whole business by letters he has written to this place." (Bayard to Ba.s.sett, Feb. 16, 1801; _Bayard Papers_: Donnan; 126.)

Burr had not "used the least influence" to be elected. (Bayard's Deposition; Davis: _Burr_, ii, 127.)

"_Had Burr done anything, for himself, he would, long ere this, have been President._" (Cooper to Morris, Feb. 13, 1801; Davis: _Burr_, ii, 113.)

[1282] Depositions of Bayard and Smith, in Gillespie _vs._ Smith; Randall, ii, 613-17; and Davis: _Burr_, ii, 135-37; also Baer to Bayard, April 19, 1830; _ib._, 118; and see Bayard's account; Remarks in the Senate, Jan. 31, 1835; also, Bayard to McLane, Feb. 17, 1801; _Bayard Papers_: Donnan, 126 _et seq._

In his "Anas" (_Works_: Ford, i, 392-93) Jefferson flatly denied his deal with the Federalists, and this, afterwards, provoked much controversy. It now is established that the bargain was made. See Professor McMaster's conclusion: "The price settled ... the Republicans secured ten states." (McMaster, ii, 526.)

[1283] For accounts by partic.i.p.ants in this exciting and historic contest, see Gallatin's letters to his wife and to Nicholson from Feb. 5 to Feb. 19, 1801; Adams: _Gallatin_, 257-63; Dana to Wolcott, Feb. 11, 1801; Gibbs, ii, 489-90; Bayard to several friends, Feb. 22, 1801; _Bayard Papers_, _supra_.

[1284] Jefferson to Madison, Feb. 18, 1801; _Works_: Ford, ix, 183.

[1285] After Jefferson's election, for many days the _Was.h.i.+ngton Federalist_ carried in italics at the head of its editorial columns a sentiment characteristic of Marshall: "_May he discharge its duties in such a manner as to merit and receive the blessings of all good men and without redding the cheek of the American Patriot with blushes for his country!!!_"

[1286] Gallatin to his wife, Feb. 17, 1801; Adams: _Gallatin_, 262.

[1287] Adams to Congress, Dec. 3, 1799; _Annals_, 6th Cong., 1st Sess., 187-88; and Richardson, i, 289. Yet at this period the business of the courts was actually decreasing. (See Brown: _Ellsworth_, 198.) But the measure was demanded by the bar generally and insisted upon by the Justices of the Supreme Court. (See Gibbs, ii, 486.)