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Public-domain ebook sourced from Project Gutenberg #40389.
The volume is a scholarly biography of John Marshall, the future Chief Justice, covering the turbulent years 1789‑1801 when he moved from a reluctant public servant to a central figure in the young Republic. The opening passages plunge the reader into the feverish political climate of the early republic, recounting Marshall’s diplomatic dispatches, his contested election to Congress, and his reluctant acceptance of high office amid fierce partisan battles over the Alien and Sedition Acts, the French Revolution, and the nascent party system. The narrative is anchored in a wealth of primary material, letters, speeches, congressional debates, and contemporary commentary, presented in a continuous, almost cinematic chronology that tracks Marshall’s interactions with Jefferson, Adams, Hamilton, and other leading statesmen while also detailing the broader ideological clash between Federalists and Republicans.
Written in a dense, document‑driven style typical of late‑19th‑century historiography, the book reflects Albert J. Beveridge’s academic voice, blending exhaustive citation with a narrative that assumes familiarity with the era’s political actors and constitutional issues. Readers who relish detailed political history, primary‑source scholarship, and an in‑depth portrait of a foundational American jurist will find this work rewarding. It is especially suited to scholars, graduate students, and serious enthusiasts of early‑American law and politics who appreciate a rigorous, source‑rich account of the forces that shaped the United States in its formative decades.
The opening · free to read
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.
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.
APPENDIX 565 I. LIST OF CASES 567 II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS OF THE CITIZENS OF RICHMOND, VIRGINIA 571 III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL 574
From the portrait by John Wesley Jarvis in the possession of Mr. Roland Gray, of Boston. It represents Marshall as he was during his early years as Chief Justice and as he appeared when Representative in Congress and Secretary of State. The Jarvis portrait is by far the best likeness of Marshall during this period of his life.
From a painting by E. F. Petticolas, presented by the artist to John Marshall and now in the possession of Mr. Malcolm G. Bruce, of South Boston, Va.
From a photograph taken especially for this book. The house was built by Marshall between 1789 and 1793. It was his second home in Richmond and the one in which he lived for more than forty years.
THE LARGE ROOM WHERE THE FAMOUS "LAWYERS' DINNERS" WERE GIVEN 172
From a photograph taken especially for this book. The woodwork of the room, which is somewhat indistinct in the reproduction, is exceedingly well done.
From an original painting by Gilbert Stuart through kind permission of the owner, C. F. M. Stark, Esq., of Winchester, Mass. Autograph from the Declaration of Independence.
FACSIMILE OF A PAGE OF JAMES MARSHALL'S ACCOUNT WITH ROBERT MORRIS, HIS FATHER-IN-LAW 210
From the original in the possession of James M. Marshall, of Front Royal, Virginia. This page shows £7700 sterling furnished by Robert Morris to the Marshall brothers for the purchase of the Fairfax estate. This documentary evidence of the source of the money with which the Marshalls purchased this holding has not hitherto been known to exist.
FACSIMILE OF THE FIRST PAGE OF A LETTER FROM JOHN MARSHALL TO HIS WIFE, JULY 2, 1797 214
From the original in the possession of Miss Emily Harvie, of Richmond. The letter was written from Philadelphia immediately after Marshall's arrival at the capital when starting on his journey to France on the X. Y. Z. Mission. It is characteristic of Marshall in the fervid expressions of tender affection for his wife, whom he calls his "dearest life." It is also historically important as describing his first impression of President Adams.
FACSIMILE OF PART OF LETTER OF JULY 17, 1797, FROM JOHN ADAMS TO ELBRIDGE GERRY DESCRIBING JOHN MARSHALL 228
From the original in the Adams Manuscripts. President Adams writes of Marshall as he appeared to him just before he sailed for France.
CHARLES MAURICE DE TALLEYRAND-PÉRIGORD 252
From an engraving by Bocourt after a drawing by Mullard, reproduced through the kindness of Mr. Charles E. Goodspeed. This portrait represents Talleyrand as he was some time after the X. Y. Z. Mission.
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