VI. ENVOY TO FRANCE 214

Marshall starts for France--Letters to his wife--Is bored by the social life of Philadelphia--His opinion of Adams--The President's opinion of Marshall--The "Aurora's" sarcasm--The reason for sending the mission--Monroe's conduct in Paris--The Republicans a French party--The French resent the Jay Treaty and retaliate by depredations on American Commerce--Pinckney, as Monroe's successor, expelled from France--President Adams's address to Congress--Marshall, Pinckney, and Gerry are sent to adjust differences between France and America--Gerry's appointment is opposed by entire Cabinet and all Federalist leaders because of their distrust of him--Adams cautions Gerry and Jefferson flatters him--Marshall arrives at The Hague-- Conditions in France--Marshall's letter to his wife--His long, careful and important letter to Washington--His letter to Lee from Antwerp--Marshall and Pinckney arrive at Paris--The city--The corruption of the Government--Gerry arrives--The envoys meet Talleyrand--Description of the Foreign Minister--His opinion of America and his estimate of the envoys--Mysterious intimations.

VII. FACING TALLEYRAND 257

Marshall urges formal representation of American grievances to French Government--Gerry opposes action--The intrigue begins--Hottenguer appears--The Directory must be "soothed" by money "placed at the disposal of M. Talleyrand"--The French demands: "pay debts due from France to American citizens, pay for French spoliations of American Commerce, and make a considerable loan and something for the pocket" (a bribe of two hundred and fifty thousand dollars)--Marshall indignantly opposes and insists on formally presenting the American case--Gerry will not agree--Bellamy comes forward and proposes still harder terms: "you must pay money, you must pay a great deal of money"--The envoys consult--Marshall and Gerry disagree--Hottenguer and Bellamy breakfast with Gerry--They again urge loan and bribe--Marshall writes Washington--His letter an able review of the state of the country--News of Bonaparte's diplomatic success at Campo Formio reaches Paris--Talleyrand's agents again descend on the envoys and demand money--"No! not a sixpence"--Marshall's bold but moderate statement--Hauteval joins Hottenguer and Bellamy--Gerry calls on Talleyrand: is not received--Talleyrand's agents hint at war--They threaten the envoys with "the French party in America"--Marshall and Pinckney declare it "degrading to carry on indirect intercourse"--Marshall again insists on written statement to Talleyrand--Gerry again objects--Marshall's letter to his wife--His letter in cipher to Lee--Bonaparte appears in Paris--His consummate acting--The fête at the Luxemburg to the Conqueror--Effect on Marshall.

VIII. THE AMERICAN MEMORIAL 290

Madame de Villette--Her friendship with Marshall--Her proposals to Pinckney--Beaumarchais enters the plot--Marshall his attorney in Virginia--Bellamy suggests an arrangement between Marshall and Beaumarchais--Marshall rejects it--Gerry asks Talleyrand to dine with him--The dinner--Hottenguer in Talleyrand's presence again proposes the loan and bribe--Marshall once more insists on written statement of the American case--Gerry reluctantly consents--Marshall writes the American memorial-- That great state paper--The French decrees against American commerce become harsher--Gerry holds secret conferences with Talleyrand--Marshall rebukes Gerry--Talleyrand at last receives the envoys formally--The fruitless discussion--Altercation between Marshall and Gerry--Beaumarchais comes with alarming news--Marshall again writes Washington--Washington's answer-- The French Foreign Minister answers Marshall's memorial--He proposes to treat with Gerry alone--Marshall writes reply to Talleyrand--Beaumarchais makes final appeal to Marshall-- Marshall replies with spirit--He sails for America.

IX. THE TRIUMPHANT RETURN 335

Anxiety in America--Jefferson is eager for news--Skipwith writes Jefferson from Paris--Dispatches of envoys, written by Marshall, are received by the President--Adams makes alarming speech to Congress--The strength of the Republican Party increases-- Republicans in House demand that dispatches be made public-- Adams transmits them to Congress--Republicans are thrown into consternation and now oppose publication--Federalist Senate orders publication--Effect on Republicans in Congress--Effect on the country--Outburst of patriotism: "Hail, Columbia!" is written--Marshall arrives, unexpectedly, at New York--His dramatic welcome at Philadelphia--The Federalist banquet: Millions "for defense but not one cent for tribute"--Adams wishes to appoint Marshall Associate Justice of the Supreme Court--He declines--He is enthusiastically received at Richmond--Marshall's speech--He is insulted at the theater in Fredericksburg--Congress takes decisive action: Navy Department is created and provisional army raised--Washington accepts command--His opinions of the French--His letter to Marshall's brother--Jefferson attacks X. Y. Z. dispatches and defends Talleyrand--Alien and Sedition Laws are enacted--Gerry's predicament in France--His return--Marshall disputes Gerry's statements--Marshall's letter to his wife--He is hard pressed for money--Compensation for services as envoy saves the Fairfax estate--Resolves to devote himself henceforth exclusively to his profession.

X. CANDIDATE FOR CONGRESS 374

Plight of the Federalists in Richmond--They implore Marshall to be their candidate for Congress--He refuses--Washington personally appeals to him--Marshall finally yields--Violence of the campaign--Republicans viciously attack Marshall--the Alien and Sedition Laws the central issue--"Freeholder's" questions to Marshall--His answers--Federalists disgusted with Marshall--"The Letters of Curtius"--The Kentucky and Virginia Resolutions--The philosophy of secession--Madison writes address of majority of Virginia Legislature to their constituents--Marshall writes address of the minority which Federalists circulate as campaign document--Republicans ridicule its length and verbosity-- Federalists believe Republicans determined to destroy the National Government--Campaign charges against Marshall-- Marshall's disgust with politics: "Nothing more debases or pollutes the human mind"--Despondent letter to his brother-- On the brink of defeat--Patrick Henry saves Marshall--Riotous scenes on election day--Marshall wins by a small majority-- Washington rejoices--Federalist politicians not sure of Marshall--Jefferson irritated at Marshall's election--Marshall visits his father--Jefferson thinks it a political journey: "the visit of apostle Marshall to Kentucky excites anxiety"-- Naval war with France in progress--Adams sends the second mission to France--Anger of the Federalists--Republican rejoicing--Marshall supports President's policy--Adams pardons Fries--Federalists enraged, Republicans jubilant-- State of parties when Marshall takes his seat in Congress.

XI. INDEPENDENCE IN CONGRESS 432

Speaker Sedgwick's estimate of Marshall--Cabot's opinion-- Marshall a leader in Congress from the first--Prepares answer of House to President's speech--It satisfies nobody--Wolcott describes Marshall--Presidential politics--Marshall writes his brother analysis of situation--Announces death of Washington, presents resolutions, and addresses House: "first in war, first in peace and first in the hearts of his countrymen"--Marshall's activity in the House--He clashes with John Randolph of Roanoke--Debate on Slavery and Marshall's vote--He votes against his party on Sedition Law--Opposes his party's favorite measure, the Disputed Elections Bill--Forces amendment and kills the bill--Federalist resentment of his action: Speaker Sedgwick's comment on Marshall--The celebrated case of Jonathan Robins--Republicans make it principal ground of attack on Administration--The Livingston Resolution--Marshall's great speech on Executive power--Gallatin admits it to be "unanswerable"--It defeats the Republicans--Jefferson's faint praise--the "Aurora's" amusing comment--Marshall defends the army and the policy of preparing for war--His speech the ablest on the Army Bill--His letter to Dabney describing conditions-- Marshall helps draw the first Bankruptcy Law and, in the opinion of the Federalists, spoils it--Speaker Sedgwick vividly portrays Marshall as he appeared to the Federalist politicians at the close of the session.

XII. CHIEF JUSTICE OF THE UNITED STATES 485

The shattering of Adams's Cabinet--Marshall declines office of Secretary of War--Offered that of Secretary of State--Adams's difficult party situation--The feud with Hamilton--Marshall finally, and with reluctance, accepts portfolio of Secretary of State--Republican comment--Federalist politicians approve: "Marshall a state conservator"--Adams leaves Marshall in charge at Washington--Examples of his routine work--His retort to the British Minister--His strong letter to Great Britain on the British debts--Controversy with Great Britain over contraband, treatment of neutrals, and impressment--Marshall's notable letter on these subjects--His harsh language to Great Britain-- Federalist disintegration begins--Republicans overwhelmingly victorious in Marshall's home district--Marshall's despondent letter to Otis: "The tide of real Americanism is on the ebb"-- Federalist leaders quarrel; rank and file confused and angered--Hamilton's faction plots against Adams--Adams's inept retaliation: Hamilton and his friends "a British faction"-- Republican strength increases--Jefferson's platform--The second mission to France succeeds in negotiating a treaty-- Chagrin of Federalists and rejoicing of Republicans--Marshall dissatisfied but favors ratification--Hamilton's amazing personal attack on Adams--The Federalists dumbfounded, the Republicans in glee--The terrible campaign of 1800--Marshall writes the President's address to Congress--The Republicans carry the election by a narrow margin--Tie between Jefferson and Burr--Federalists in House determine to elect Burr--Hamilton's frantic efforts against Burr: "The Catiline of America"-- Hamilton appeals to Marshall, who favors Burr--Marshall refuses to aid Jefferson, but agrees to keep hands off--Ellsworth resigns as Chief Justice--Adams reappoints Jay, who declines-- Adams then appoints Marshall, who, with hesitation, accepts-- The appointment unexpected and arouses no interest--Marshall continues as Secretary of State--The dramatic contest in the House over Burr and Jefferson--Marshall accused of advising Federalists that Congress could provide for Presidency by law in case of deadlock--Federalists consider Marshall for the Presidency--Hay assails Marshall--Burr refuses Federalist proposals--The Federalist bargain with Jefferson--He is elected--The "midnight judges"--The power over the Supreme Court which Marshall was to exercise totally unsuspected by anybody--Failure of friend and foe to estimate properly his courage and determination.