The Life of John Marshall Volume II Part 48

11, 1821; _Works_: Ford, viii, 459-60.)

Although this letter of Jefferson is positive and, in its particulars, detailed and specific, Professor Channing has demonstrated that Jefferson's memory was at fault; that no such conference took place; and that Jefferson sent the resolutions to Nicholas, who placed them in the hands of Breckenridge for introduction in the Kentucky Legislature; and that Breckenridge and Nicholas both thought that the former should not even see Jefferson, lest the real authorship of the resolutions be detected. (See "The Kentucky Resolutions": Channing, in _Amer. Hist.

Rev._, xx, no. 2, Jan., 1915, 333-36.)

[898] See Jefferson's "Rough Draught" and "Fair Copy" of the Kentucky Resolutions; and the resolutions as the Kentucky Legislature pa.s.sed them on Nov. 10, 1798; _Works_: Ford, viii, 458-79. See examination of Marshall's opinion in Marbury _vs._ Madison, vol. III of this work.

[899] Jefferson to Madison, Nov. 17, 1798; _Works_: Ford, viii, 457.

[900] _Writings_: Hunt, vi, 326-31.

[901] Davie to Iredell, June 17, 1799; quoting from a Virginia informant--very probably Marshall; McRee, ii, 577.

[902] Iredell to Mrs. Iredell; Jan. 24, 1799; McRee, ii, 543.

[903] Murray to J. Q. Adams, April 1, 1799; quoting Marshall to Sykes, Dec. 18, 1798; _Letters_: Ford, 534.

[904] _Writings_: Hunt, vi, 332-40.

[905] For Marshall's defense of the liberty of the press, quoted by Madison, see _supra_, chap. VIII.

[906] Address of the General a.s.sembly to the People of the Commonwealth of Virginia, Journal, H.D. (Dec., 1798), 88-90.

[907] Sedgwick to Hamilton, Feb. 7, 1799; _Works_: Hamilton, vi, 392-93; and to King, March 20, 1799; King, ii, 581. And Murray to J. Q. Adams, April 5, 1799; _Letters_: Ford, 536.

[908] Address of the Minority: Journal, H.D. (Dec., 1798), 88-90. Also printed as a pamphlet. Richmond, 1798.

[909] Journal, H.D. (1799), 90.

[910] Callender: _Prospect Before Us_, 91.

[911] _Ib._, 112 _et seq._

[912] Sedgwick to King, March 20, 1799; King, ii, 581.

[913] Murray to J. Q. Adams, April 5, 1799; _Letters_: Ford, 536.

[914] Mordecai, 202; also Sedgwick to King, Nov. 15, 1799; King, iii, 147-48.

[915] Jefferson to Pendleton, Feb. 14, 1799; _Works_: Ford, ix, 46; and to Madison, Jan. 30, 1799; _ib._, 31.

[916] Jefferson to Bishop James Madison, Feb. 27, 1799; _ib._, 62.

[917] Marshall to Washington, Jan. 8, 1799; Washington MSS., Lib. Cong.

[918] Hamilton to Dayton, 1799; _Works_: Lodge, x, 330. The day of the month is not given, but it certainly was early in January. Mr. Lodge places it before a letter to Lafayette, dated Jan. 6, 1799.

[919] Hamilton to Sedgwick, Feb. 2, 1799; _Works_: Lodge, x, 340-42.

[920] This was probably true; it is thoroughly characteristic and fits in perfectly with his well-authenticated conduct after he became Chief Justice. (See vol. III of this work.)

[921] Callender: _Prospect Before Us_, 90 _et seq._

[922] See Hildreth, v, 104, 210, 214, 340, 453-55.

[923] Wood, 261-62. This canard is an example of the methods employed in political contests when American democracy was in its infancy.

[924] Marshall to his brother James M., April 3, 1799; MS. Marshall uses the word "faction" in the sense in which it was then employed. "Faction"

and "party" were at that time used interchangeably; and both words were terms of reproach. (See _supra_, chap. II.) If stated in the vernacular of the present day, this doleful opinion of Marshall would read: "Nothing, I believe, more debases or pollutes the human mind than partisan politics."

[925] Jefferson to Pendleton, April 22, 1799; _Works_: Ford, ix, 64-65.

[926] Henry to Blair, Jan. 8, 1799; Henry, ii, 591-94.

[927] Henry to Blair, Jan. 8, 1799; Henry, ii, 595.

[928] _Virginia Herald_ (Fredericksburg), March 5, 1799.

[929] This was true in most of the States at that period.

[930] This method of electing public officials was continued until the Civil War. (See John S. Wise's description of a congressional election in Virginia in 1855; Wise: _The End of An Era_, 55-56. And see Professor Schouler's treatment of this subject in his "Evolution of the American Voter"; _Amer. Hist. Rev._, ii, 665-74.)

[931] This account of election day in the Marshall-Clopton contest is from Munford, 208-10. For another fairly accurate but mild description of a congressional election in Virginia at this period, see Mary Johnston's novel, _Lewis Rand_, chap. iv.

[932] Henry, ii, 598.

[933] Randall, ii, 495.

[934] Washington to Marshall, May 5, 1799; _Writings_: Ford, xiv, 180.

[935] As a matter of fact, they were not far wrong. Marshall almost certainly would have been made Secretary of State if Washington had believed that he would accept the portfolio. (See _supra_, 147.) The a.s.sertion that the place actually had been offered to Marshall seems to have been the only error in this campaign story.

[936] Marshall to Washington, May 1, 1799; _Writings_: Ford, xiv, footnote to 180-81; also Flanders, ii, 389.

[937] Washington to Marshall, May 5, 1799; _Writings_: Ford, xiv, 180.

[938] Marshall to Washington, May 16, 1799; Washington MSS., Lib. Cong.

[939] Pickering to King, May 4, 1799; King, iii, 13.

[940] Sedgwick to King, July 26, 1799; King, iii, 69.

[941] Sedgwick to King, July 26, 1799; King, iii, 69.

[942] Murray to J. Q. Adams, June 25, 1799; _Letters_: Ford, 566.

[943] Murray to J. Q. Adams, July 1, 1799; _ib._, 568.

[944] Jefferson to Stuart, May 14, 1799; _Works_: Ford, ix, 67.