The Life of John Marshall, Volume 4: The building of the nation, 1815-1835

THE LIFE OF JOHN MARSHALL

  Standard Library Edition


  IN FOUR VOLUMES

  VOLUME IV




  [Illustration: JOHN MARSHALL
  From the portrait by Henry Inman]




  THE LIFE
  OF
  JOHN MARSHALL

  BY
  ALBERT J. BEVERIDGE

  VOLUME IV

  THE BUILDING OF THE NATION

  1815-1835

  [Illustration]

  BOSTON AND NEW YORK
  HOUGHTON MIFFLIN COMPANY
  The Riverside Press Cambridge




  COPYRIGHT, 1919, BY ALBERT J. BEVERIDGE

  ALL RIGHTS RESERVED




CONTENTS


  I. THE PERIOD OF AMERICANIZATION                                     1

    War and Marshall's career--Federalists become British
    partisans--Their hatred of France--Republicans are exactly
    the reverse--The deep and opposite prejudices of Marshall
    and Jefferson--Cause of their conflicting views--The
    people become Europeanized--They lose sight of American
    considerations--Critical need of a National American
    sentiment--Origin of the War of 1812--America suffers from
    both European belligerents--British depredations--Jefferson
    retaliates by ineffective peaceful methods--The Embargo laws
    passed--The Federalists enraged--Pickering makes sensational
    speech in the Senate--Marshall endorses it--Congress passes the
    "Force Act"--Jefferson practices an autocratic Nationalism--
    New England Federalists propose armed resistance and openly
    advocate secession--Marshall rebukes those who resist National
    authority--The case of Gideon Olmstead--Pennsylvania forcibly
    resists order of the United States Court--Marshall's opinion
    in U.S. _vs._ Judge Peters--Its historical significance--The
    British Minister repeats the tactics of Genêt--Federalists
    uphold him--Republicans make great gains in New England--
    Marshall's despondent letter--Henry Clay's heroic speeches--
    War is declared--Federalists violently oppose it: "The child
    of Prostitution"--Joseph Story indignant and alarmed--
    Marshall proposed as Presidential candidate of the peace
    party--Writes long letter advocating coalition of "all who
    wish peace"--Denounces Napoleon and the Decree of St. Cloud--
    He heads Virginia Commission to select trade route to the
    West--Makes extended and difficult journey through the
    mountains--Writes statesmanlike report--Peace party nominates
    Clinton--Marshall criticizes report of Secretary of State on
    the causes of the war--New England Federalists determine upon
    secession--The Administration pamphlet on expatriation--John
    Lowell brilliantly attacks it--Marshall warmly approves
    Lowell's essay--His judicial opinions on expatriation--The
    coming of peace--Results of the war--The new America is born.

  II. MARSHALL AND STORY                                              59

    Marshall's greatest Constitutional decisions given during the
    decade after peace is declared--Majority of Supreme Court
    becomes Republican--Marshall's influence over the Associate
    Justices--His life in Richmond--His negligent attire--Personal
    anecdotes--Interest in farming--Simplicity of habits--Holds
    Circuit Court at Raleigh--Marshall's devotion to his wife--His
    religious belief--His children--Life at Oak Hill--Generosity--
    Member of Quoit Club--His "lawyer dinners"--Delights in the
    reading of poetry and fiction--Familiarity and friendliness--
    Joseph Story first meets the Chief Justice--Is captivated by
    his personality--Marshall's dignity in presiding over Supreme
    Court--Quickness at repartee--Life in Washington--Marshall and
    Associate Justices live together in same boarding-house--His
    dislike of publicity--Honorary degrees conferred--Esteem of his
    contemporaries--His personality--Calmness of manner--Strength
    of intellect--His irresistible charm--Likeness to Abraham
    Lincoln--The strong and brilliant bar practicing before
    the Supreme Court--Legal oratory of the period--Length of
    arguments--Joseph Story--His character and attainments--
    Birth and family--A Republican--Devotion to Marshall--Their
    friendship mutually helpful--Jefferson fears Marshall's
    influence on Story--Edward Livingston sues Jefferson for one
    hundred thousand dollars--Circumstances leading to Batture
    litigation--Jefferson's desire to name District Judge in
    Virginia--Jefferson in letter attacks Marshall--He dictates
    appointment of John Tyler to succeed Cyrus Griffin--Death of
    Justice Cushing of the Supreme Court--Jefferson tries to name
    Cushing's successor--He objects to Story--Madison wishes to
    comply with Jefferson's request--His consequent difficulty in
    filling place--Appointment of Story--Jefferson prepares brief
    on Batture case--Public interest in case--Case is heard--
    Marshall's opinion reflects on Jefferson--Chancellor Kent's
    opinion--Jefferson and Livingston publish statements--Marshall
    ascribes Jefferson's animosity in subsequent years to the
    Batture litigation.

  III.