The Life of John Marshall Volume II Part 54

[1005] The Federalists called the Republicans "Democrats," "Jacobins,"

etc., as terms of contempt. The Republicans bitterly resented the appellation. The word "Democrat" was not adopted as the formal name of a political party until the nomination for the Presidency of Andrew Jackson, who had been Jefferson's determined enemy.

[1006] Marshall to James M. Marshall, Philadelphia, Dec. 16, 1799; MS.

[1007] _Annals_, 6th Cong., 1st Sess., 203.

[1008] Marshall appears to have been the first to use the expression "the American Nation."

[1009] The word "empire" as describing the United States was employed by all public men of the time. Washington and Jefferson frequently spoke of "our empire."

[1010] _Annals_, 6th Cong., 1st. Sess., 203-04.

[1011] _Ib._, 204.

[1012] Marshall to Charles W. Hannan, of Baltimore, Md., March 29, 1832; MS., N.Y. Pub. Lib.; also Marshall, ii, 441.

[1013] These were: On the bill to enable the President to borrow money for the public (_Annals_, 6th Cong., 1st Sess., 632); a bill for the relief of Rhode Island College (_ib._, 643); a salt duty bill (_ib._, 667); a motion to postpone the bill concerning the payment of admirals (_ib._, 678); a bill on the slave trade (_ib._, 699-700); a bill for the additional taxation of sugar (_ib._, 705).

[1014] _Ib._, 521-22.

[1015] _Annals_, 6th Cong., 1st Sess., _House_, 522-23, 527, 626; _Senate_, 151.

[1016] _Ib._, 633-34.

[1017] _Ib._, 662. See _ib._, Appendix II, 495, 496. Thus Marshall was the author of the law under which the great "Western Reserve" was secured to the United States. The bill was strenuously resisted on the ground that Connecticut had no right or t.i.tle to this extensive and valuable territory.

[1018] _Ib._, 532. On this vote the _Aurora_ said: "When we hear such characters as General Lee calling it _innovation_ and _speculation_ to withhold from the Executive magistrate the dangerous and unrepublican power of _proroguing_ and dissolving a legislature at his pleasure, what must be the course of our reflections? When we see men like General Marshall voting for such a principle in a Government of a portion of the American people is there no cause for alarm?" (_Aurora_, March 20, 1800.)

[1019] _Annals_, 6th Cong., 1st Sess., 504-06.

[1020] _Annals_, 6th Cong., 1st Sess., 623-24.

[1021] See _infra_, 458 _et seq._

[1022] "Copy of a letter from a gentleman in Philadelphia, to his friend in Richmond, dated 13th March, 1800," printed in _Virginia Gazette and Petersburg Intelligencer_, April 1, 1800.

[1023] _Annals_, 6th Cong., 1st Sess., 668-69.

[1024] _Ib._, 229.

[1025] _Ib._, 231.

[1026] _Ib._, 230-32.

[1027] _Annals_, 6th Cong., 1st Sess., 233.

[1028] _Ib._, 234.

[1029] _Ib._, 235.

[1030] _Ib._, 240.

[1031] _Ib._, 245.

[1032] Concerning a similar effort in 1790, Washington wrote: "The memorial of the Quakers (and a very _malapropos_ one it was) has at length been put to sleep, and will scarcely awake before the year 1808."

(Washington to Stuart, March 28, 1790; _Writings_: Ford, xi, 474.)

[1033] _Annals_, 6th Cong., 1st Sess., Resolution and debate, ii, 404-19.

[1034] Ba.s.sett, 260.

[1035] Ellsworth to Pickering, Dec. 12, 1798; Flanders, ii, 193.

[1036] Adams: _Gallatin_, 211. And see Federalist attacks on Marshall's answers to "Freeholder," _supra_.

[1037] _Annals_, 6th Cong., 1st Sess., 29.

[1038] James Keith Marshall.

[1039] _Annals_, 6th Cong., 1st Sess., 520, 522.

[1040] At this period the Senate still sat behind closed doors and its proceedings were secret.

[1041] _Annals_, 6th Cong., 1st Sess., 105. This led to one of the most notably dramatic conflicts between the Senate and the press which has occurred during our history. For the prosecution of William Duane, editor of the _Aurora_, see _ib._, 105, 113-19, 123-24. It was made a campaign issue, the Republicans charging that it was a Federalist plot against the freedom of the press. (See _Aurora_, March 13 and 17, 1800.)

[1042] _Ib._, 146.

[1043] For a review of this astonishing bill, see McMaster, ii, 462-63, and Schouler, i, 475.

[1044] _Annals_, 6th Cong., 1st Sess., 670.

[1045] Marshall's subst.i.tute does not appear in the _Annals_.

[1046] _Annals_, 6th Cong., 1st Sess., 674.

[1047] _Ib._, 678.

[1048] _Annals_, 6th Cong., 1st Sess., 691-92.

[1049] _Ib._, 687-710.

[1050] _Ib._, 179.

[1051] _Ib._, 182.

[1052] Jefferson to Livingston, April 30, 1800; _Works_: Ford, ix, 132.

[1053] Sedgwick to King, May 11, 1800; King, iii, 237-38.