John Quincy. Memoirs. Edited by Charles Francis Adams.

Morison: Otis. See Morison, Samuel Eliot. Life and Letters of Harrison Gray Otis.

Morris. See Morris, Gouverneur. Diary and Letters. Edited by Anne Cary Morris.

N.E. Federalism: Adams. See Adams, Henry. Documents relating to New-England Federalism, 1800-1815.

Parton: Jackson. See Parton, James. Life of Andrew Jackson.

Plumer. See Plumer, William, Jr. Life of William Plumer.

Priv. Corres.: Webster. See Webster, Daniel. Private Correspondence. Edited by Fletcher Webster.

Quincy: Quincy. See Quincy, Edmund. Life of Josiah Quincy of Massachusetts.

Randall. See Randall, Henry Stephens. Life of Thomas Jefferson.

Records Fed. Conv.: Farrand. See Records of the Federal Convention of 1787. Edited by Max Farrand.

Richardson. See Richardson, James Daniel. A Compilation of the Messages and Papers of the Presidents, 1789-1897.

Shirley. See Shirley, John M. The Dartmouth College Causes and the Supreme Court of the United States.

Story. See Story, Joseph. Life and Letters. Edited by William Wetmore Story.

Sumner: Hist. Am. Currency. See Sumner, William Graham. A History of American Currency.

Sumner: Jackson. See Sumner, William Graham. Andrew Jackson. As a Public Man.

Tyler: Tyler. See Tyler, Lyon Gardiner. Letters and Times of the Tylers.

Works: Ford. See Jefferson, Thomas. Works. Edited by Paul Leicester Ford.

Writings: Adams. See Gallatin, Albert. Writings. Edited by Henry Adams.

Writings: Hunt. See Madison, James. Writings. Edited by Gaillard Hunt.

THE LIFE OF JOHN MARSHALL

THE LIFE OF JOHN MARSHALL

CHAPTER I

THE PERIOD OF AMERICANIZATION

Into the life of John Marshall war was strangely woven. His birth, his young manhood, his public services before he became Chief Justice, were coincident with, and affected by, war. It seemed to be the decree of Fate that his career should march side by side with armed conflict, and that the final phase of that career should open with a war—a war, too, which brought forth a National consciousness among the people and demonstrated a National strength hitherto unsuspected in their fundamental law.

Yet, while American Nationalism was Marshall's one and only great conception, and the fostering of it the purpose of his life, he was wholly out of sympathy with the National movement that led to our second conflict with Great Britain, and against the continuance of it. He heartily shared the opinion of the Federalist leaders that the War of 1812 was unnecessary, unwise, and unrighteous.

By the time France and England had renewed hostilities in 1803, the sympathies of these men had become wholly British. The excesses of the French Revolution had started them on this course of feeling and thinking. Their detestation of Jefferson, their abhorrence of Republican doctrines, their resentment of Virginia domination, all hastened their progress toward partisanship for Great Britain. They had, indeed, reverted to the colonial state of mind, and the old phrases, "the mother country," "the protection of the British fleet,"[1] were forever on their lips.

These Federalists passionately hated France; to them France was only the monstrous child of the terrible Revolution which, in the name of human rights, had attacked successfully every idea dear to their hearts—upset all order, endangered all property, overturned all respectability. They were sure that Napoleon intended to subjugate the world; and that Great Britain was our only bulwark against the aggressions of the Conqueror—that "varlet" whose "patron-saint [is] Beelzebub," as Gouverneur Morris referred to Napoleon.[2]

So, too, thought John Marshall. No man, except his kinsman Thomas Jefferson, cherished a prejudice more fondly than he. Perhaps no better example of first impressions strongly made and tenaciously retained can be found than in these two men. Jefferson was as hostile as Marshall was friendly to Great Britain; and they held exactly opposite sentiments toward France. Jefferson's strongest title to immortality was the Declaration of Independence; nearly all of his foreign embroilments had been with British statesmen. In British conservatism he had found the most resolute opposition to those democratic reforms he so passionately championed, and which he rightly considered the manifestations of a world movement.[3]

And Jefferson adored France, in whose entrancing capital he had spent his happiest years. There his radical tendencies had found encouragement. He looked upon the French Revolution as the breaking of humanity's chains, politically, intellectually, spiritually.[4] He believed that the war of the allied governments of Europe against the new-born French Republic was a monarchical combination to extinguish the flame of liberty which France had lighted.

Marshall, on the other hand, never could forget his experience with the French. And his revelation of what he had endured while in Paris had brought him his first National fame.[5] Then, too, his idol, Washington, had shared his own views—indeed, Marshall had been instrumental in the formation of Washington's settled opinions. Marshall had championed the Jay Treaty, and, in doing so, had necessarily taken the side of Great Britain as opposed to France.[6] His business interests[7] powerfully inclined him in the same direction. His personal friends were the ageing Federalists.

He had also become obsessed with an almost religious