END OF VOLUME II
APPENDIX
APPENDIX
I. LIST OF CASES
Argued by Marshall before the Court of Appeals of Virginia
II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS
OF THE CITIZENS OF RICHMOND, VIRGINIA
I will not, Gentlemen, attempt to describe the emotions of joy which my return to my native country, and particularly to this city, has excited in my mind; nor can I paint the sentiments of affection and gratitude towards you which my heart has ever felt, and which the kind and partial reception now given me by my fellow citizens cannot fail to increase. He only who has been ... absent from a much loved country, and from friends greatly and deservedly esteemed—whose return is welcomed with expressions, which, di[rec]ted by friendship, surpass his merits or his ho[pes,] will judge of feelings to which I cannot do justice.
The situation in which the late Envoys from [the] United States to the French Republic found themselves in Paris was, indeed, attended with the unpleasant circumstances which you have traced.—Removed far from the councils of their country, and receiving no intelligence concerning it, the scene before them could not fail to produce the most anxious and disquieting sensations. Neither the ambition, the power, nor the hostile temper of France, was concealed from them; nor could they be unacquainted with the earnest and unceasing solicitude felt by the government and people of the United States for peace. But midst these difficulties, they possessed, as guides, clear and explicit instructions, a conviction of the firmness and magnanimity, as well as of the justice and pacific temper of their government, and a strong reliance on that patriotism and love of liberty, which can never cease to glow in the American bosom. With these guides, however thorny the path of duty might be, they could not mistake it. It was their duty, unmindful of personal considerations, to pursue peace with unabating zeal, through all the difficulties with which the pursuit was embarrassed by a haughty and victorious government, holding in perfect contempt the rights of others, but to repel, with unhesitating decision, any propositions, an acceptance of which would subvert the independence of the United States.—This they have endeavoured to do. I delight to believe that their endeavours have not dissatisfied their government or country, and it is most grateful to my mind to be assured that they receive the approbation of my fellow-citizens in Richmond, and its vicinity.
I rejoice that I was not mistaken in the opinion I had formed of my countrymen. I rejoice to find, though they know how to estimate, and therefore seek to avoid the horrors and dangers of war, yet they know also how to value the blessings of liberty and national independence:—They know that peace would be purchased at too high a price by bending beneath a foreign yoke, and that peace so purchased could be but of short duration. The nation thus submitting would be soon involved in the quarrels of its master, and would be compelled to exhaust its blood and its treasure, not for its own liberty, its own independence, or its own rights, but for the aggrandizement of its oppressor. The modern world unhappily exhibits but too plain a demonstration of this proposition. I pray heaven that America may never contribute its still further elucidation.
Terrible to her neighbors on the continent of Europe, as all must admit France to be, I believe that the United States, if indeed united, if awake to the impending danger, if capable of employing their whole, their undivided force—are so situated as to be able to preserve their independence. An immense ocean placed by a gracious Providence, which seems to watch over this rising empire, between us and the European world, opposes of itself such an obstacle to an invading ambition, must so diminish the force which can be brought to bear upon us, that our resources, if duly exerted, must be adequate to our protection, and we shall remain free if we do not deserve to be slaves.
You do me justice, gentlemen, when you suppose that consolation must be derived from a comparison of the Administration of the American Government, with that which I have lately witnessed. To a citizen of the United States, so familiarly habituated to the actual possession of liberty, that he almost considers it as the inseparable companion of man, a view of the despotism, which borrowing the garb and usurping the name of freedom, tyrannizes over so large and so fair a proportion of the earth, must teach the value which he ought to place on the solid safety and real security he enjoys at home. In support of these, all temporary difficulties, however great, ought to be encountered, and I agree with you that the loss of them would poison and embitter every other joy; and that deprived of them, men who aspire to the exalted character of freemen, would turn with loathing and disgust from every other comfort of life.
To me, gentlemen, the attachment you manifest to the government of your choice affords the most sincere satisfaction. Having no interests separate from or opposed to those of the people, being themselves subject in common with others, to the laws they make, being soon to return to that mass from which they are selected for a time in order to conduct the affairs of the nation, it is by no means probable that those who administer the government of the United States can be actuated by other motives than the sincere desire of promoting the real prosperity of those, whose destiny involves their own, and in whose ruin they must participate. Desirable as it is at all times, a due confidence in our government, it is peculiarly so in a moment of peril like the present, in a moment when the want of that confidence must impair the means of self defence, must increase a danger already but too great, and furnish, or at least give the appearance of furnishing, to a foreign real enemy, those weapons, which have so often been so successfully used.
Accept, gentlemen, my grateful acknowledgments for your kind expressions concerning myself, and do me the justice to believe, that your prosperity, and that of the city of Richmond and its vicinity, will ever be among the first wishes of my heart.
(From Columbian Centinel, Saturday, Sept. 22, 1798.)
III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL
VIRGINIA. Fredericksburg, Oct. 2
POLITICAL QUESTIONS
Addressed to General MARSHALL with his Answer thereto
To J. MARSHALL, Esq.
Richmond, Sept. 12.
Dear Sir,
Under a conviction that it will be of utility, should the answers to the following questions be such as I anticipate, I state them with a confidence of your readiness to give replies. They will, at all events, greatly satisfy my mind.
1st. Do you not in heart, and sentiment, profess yourself an American—attached to the genuine principles of the Constitution, as sanctioned by the will of the people, for their general liberty, prosperity and happiness?
2d. Do you conceive that the true interest and prosperity of America, is materially, or at all, dependent upon an alliance with any foreign nation? If you do, please state the causes, and a preference, if any exists, with the reasons for that preference.
3d. Are you in favor of an alliance, offensive and defensive, with Great Britain? In fine, are you disposed to advocate any other, or a closer connection with that nation, than exists at the ratification of the treaty of 1794? If so, please state your reasons.
4th. By what general principles, in your view, have the measures of our Administration and Government, in respect to France, been consistent with true policy or necessity? And could not the consequences have been avoided by a different line of conduct on our part?
5th. Are you an advocate for the Alien and Sedition Bills? Or, in the event of your election, will you use your influence to obtain a appeal of these laws?
A Freeholder
(Columbian Centinel, Boston, Mass., Saturday, October 20, 1798.)
MARSHALL'S ANSWERS TO FREEHOLDER'S QUESTIONS
Richmond, Sept. 20, '98.
Dear Sir:—
I have just received your letter of yesterday, [sic] and shall with equal candor and satisfaction, answer all your queries. Every citizen has a right to know the political sentiments of the man who is proposed as his representative; and mine have never been of a nature to shun examination. To those who think another gentleman more capable of serving the district than myself, it would be useless to explain my opinions because whatever my opinions may be, they will, and ought, to vote for that other; but I cannot help wishing that those who think differently, would know my real principles, and not attribute to me those I never possessed; and with which active calumny has been pleased to asperse me.
Answ. 1. In heart and sentiment, as well as by birth and interest, I am an American, attached to the genuine principles of the constitution, as sanctioned by the will of the people, for their general liberty, prosperity and happiness. I consider that constitution as the rock of our political salvation, which has preserved us from misery, division and civil wars; and which will yet preserve us if we value it rightly and support it firmly.
2. I do not think the interest and prosperity of America, at all dependent on the alliance with any foreign nation; nor does the man exist who would regret more than myself the formation of such an alliance. In truth, America has, in my opinion, no motive for forming such connection, and very powerful motives for avoiding them. Europe is eternally engaged in wars in which we have no interest; and with which the fondest policy forbids us to intermeddle.
We ought to avoid any compact which may endanger our being involved in them. My sentiments on this subject are detailed at large in the beginning of the memorial addressed by the late envoys from the United States to the minister of foreign affairs of the French Republic, where the neutrality of the United States is justified, and the reasons for that neutrality stated.
3rd. I am not in favor of an alliance offensive and defensive with Great Britain nor for closer connection with that nation than already exists. No man in existence is more decidedly opposed to such an alliance, or more fully convinced of the evils that would result from it. I never have, in thought, word, or deed, given the smallest reason to suspect I wished it; nor do I believe any man acquainted with me does suspect it. Those who originate and countenance such an idea, may (if they know me) design to impose on others, but they do not impose on themselves.
The whole of my politics respecting foreign nations are reducible to this single position. We ought to have commercial intercourse with all, but political ties with none. Let us buy cheap and sell as dear as possible. Let commerce go wherever individual, and consequently national interest, will carry it; but let us never connect ourselves politically with any nation whatever.
I have not a right to say, nor can I say positively, what are the opinions of those who administer the Government of the United States; but I believe firmly that neither the President, nor any one of those with whom he advises, would consent to form a close and permanent political connection with any nation upon earth.
Should France continue to wage an unprovoked war against us, while she is also at war with Britain, it would be madness and folly not to endeavor to make such temporary arrangements as would give us the aid of the British fleets to prevent our being invaded; but I would not, even to obtain so obvious a good, make such a sacrifice as I think we should make, by forming a permanent political connection with that, or any other nation on earth.
4th. The measures of the administration and government of the United States with respect to France have in my opinion been uniformly directed by a sincere and unequivocal desire to observe, faithfully, the treaties existing between the two nations and to preserve the neutrality and independence of our country.—Had it been possible to maintain peace with France without sacrificing those great objects, I am convinced that our government would have maintained it.
Unfortunately it has been impossible. I do not believe that any different line of conduct on our part, unless we would have relinquished the rights of self government, and have become the colonies of France, could have preserved peace with that nation.—But be assured that the primary object of France is and for a long time past has been, dominion over others. This is a truth only to be disbelieved by those who shut their eyes on the history and conduct of that nation.
The grand instruments by which they effect this end, to which all their measures tend, are immense armies on their part, and divisions, which a variety of circumstances have enabled them to create, among those whom they wish to subdue. Whenever France has exhibited a disposition to be just toward the United States, an accurate attention to facts now in possession of the public, will prove that this disposition was manifest in the hope of involving us in her wars, as a dependent and subordinate nation.
5th. I am not an advocate for the alien and sedition bills; had I been in Congress when they passed, I should, unless my judgment could have been changed, certainly have opposed them. Yet, I do not think them fraught with all those mischiefs which many gentlemen ascribe to them. I should have opposed them because I think them useless; and because they are calculated to create unnecessary discontents and jealousies at a time when our very existence, as a nation, may depend on our union—
I believe that these laws, had they been opposed on these principles by a man, not suspected of intending to destroy the government, or being hostile to it, would never have been enacted. With respect to their repeal, the effort will be made before I can become a member of Congress.
If it succeeds there will be an end of the business—if it fails, I shall on the question of renewing the effort, should I be chosen to represent the district, obey the voice of my constituents. My own private opinion is, that it will be unwise to renew it for this reason: the laws will expire of themselves, if I recollect rightly the time for which they are enacted, during the term of the ensuing Congress. I shall indisputably oppose their revival; and I believe that opposition will be more successful, if men's minds are not too much irritated by the struggle about a repeal of laws which will, at the time, be expiring of themselves.
J. Marshall.
(From Times and Virginia Advertiser, Alexandria, Va., Oct. 11, 1798.)
WORKS CITED IN THIS VOLUME
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The material given in parentheses and following certain titles indicates the form in which those titles have been cited in the footnotes.
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Randall, Henry S. Life of Thomas Jefferson. 3 vols. New York. 1858. (Randall.)
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Randolph, John. Life. See Garland, Hugh A.
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Rives, William C. The History of the Life and Times of James Madison. 3 vols. Boston. 1859. (Rives.)
Rowland, Kate Mason. Life of George Mason. 2 vols. New York. 1892. (Rowland.)
Schmidt, Gustavus, editor. See Louisiana Law Journal.
Schoepf, Johann David. Travels in the Confederation, 1783-1784. Translated and edited by Alfred J. Morrison. 2 vols. Philadelphia. 1911. (Schoepf.)
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Sloane, William Milligan. Life of Napoleon Bonaparte. 4 vols. New York. 1796-1897. (Sloane: Life of Napoleon.)
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See also Washington, George. Writings.
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Also see Story, William Wirt.
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—— Memoirs. [Edited] by [—— Stewarton] the author of the
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See Loliée, Frédéric. Talleyrand and His Times.
Also see Blennerhassett, Charlotte Julia, Lady. Talleyrand.
And see MacCabe, Joseph. Life.
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—— Writings. Edited by Worthington Chauncey Ford. 14 vols. New York. 1889-93. (Writings: Ford.)
—— Writings. Edited by Jared Sparks. 12 vols. Boston.
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And Lodge, Henry Cabot. George Washington.
Also Marshall, John. Life of George Washington.
Also see Paulding, James K. Life of Washington.
Washington, H. A., editor. See Jefferson, Thomas. Writings.
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—— Sketches of the Life and Character of Patrick Henry.
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See Kennedy, John P. Memoirs of William Wirt.
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Transcriber's Note: Obvious errors in spelling and punctuation have been corrected. Footnotes have been renumbered and moved from the page end to the end of their respective chapters. Images have been moved from the middle of a paragraph to the closest paragraph break.