The Life of John Marshall Volume I Part 29

[682] _Ib._, xi, 342-44.

[683] See Jefferson's letter to Mazzei, explaining the difference between law and equity and the necessity for courts of chancery as well as courts of law. This is one of the best examples of Jefferson's calm, clear, simple style when writing on non-political subjects. (Jefferson to Mazzei, Nov., 1785; _Works_: Ford, iv, 473-80.)

[684] For the best contemporaneous description of Virginia legislation during this period see Madison's letters to Jefferson when the latter was in Paris. (_Writings_: Hunt, i and ii.)

[685] For a thorough account of the religious struggle in Virginia from the beginning see Eckenrode: _S. of C. and S._ On the particular phase of this subject dealt with while Marshall was a member of the Virginia Legislature see _ib._, chap. v.

[686] Mason to Henry, May 6, 1783, as quoted in Rowland, ii, 44.

[687] Meade, i, footnote to 142. And see _Atlantic Monthly, supra_.

[688] Eckenrode:_ S. of C. and S._, 75. On this general subject see Meade, i, chaps. i and ii. "Infidelity became rife, in Virginia, perhaps, beyond any other portion of land. The Clergy, for the most part, were a laughing stock or objects of disgust." (_Ib._, 52.) Even several years later Bishop Meade says that "I was then taking part in the labours of the field, which in Virginia was emphatically _servile labour_." (_Ib._, 27.)

"One sees not only a smaller number of houses of worship [in Virginia]

than in other provinces, but what there are in a ruinous or ruined condition, and the clergy for the most part dead or driven away and their places unfilled." (Schoepf, ii, 62-63.)

[689] Henry, ii, 199-206.

[690] Eckenrode: _S. of C. and S._, 77.

[691] Journal, H.D. (2d Sess., 1784), 19.

[692] _Ib._, 27.

[693] _Ib._, 82.

[694] _Ib._

[695] _Ib._

[696] _Ib._, 97. For the incorporation law see Hening, xi, 532-37; for marriage law see _ib._, 532-35. Madison describes this law to Jefferson and excuses his vote for it by saying that "the necessity of some sort of incorporation for the purpose of holding & managing the property of the Church could not well be denied, nor a more harmless modification of it now be obtained. A negative of the bill, too, would have doubled the eagerness and the pretexts for a much greater evil, a general a.s.sessment, which, there is good ground to believe, was parried by this partial gratification of its warmest votaries." (Madison to Jefferson, Jan. 9, 1785; _Writings_: Hunt, ii, 113.)

[697] Story, in Dillon, iii, 338.

[698] "Virginia certainly owed two millions sterling [$10,000,000] to Great Britain at the conclusion of the war. Some have conjectured the debt as high as three millions [$15,000,000].... These debts had become hereditary from father to son for many generations, so that the planters were a species of property annexed to certain mercantile houses in London.... I think that state owed near as much as all the rest put together." Jefferson's explanation of these obligations is extremely partial to the debtors, of whom he was one. (Jefferson to Meusnier, Jan.

24, 1786; _Works_: Ford, v, 28.)

Most of Jefferson's earlier debts were contracted in the purchase of slaves. "I cannot decide to sell my lands.... nor would I willingly sell the slaves as long as there remains any prospect of paying my debts with their labor." This will "enable me to put them ultimately on an easier footing, which I will do the moment they have paid the [my] debts,...

two thirds of which have been contracted by purchasing them." (Jefferson to Lewis, July 29, 1787; _ib._, 311.)

[699] For Virginia legislation on this subject see Hening, ix, x, and xi, under index caption "British Debts."

[700] Definitive Treaty of Peace, 1783, art. 4.

[701] Journal, H.D. (1st Sess.), 1784, 41.

[702] _Ib._, 54; 72-73. The Treaty required both.

[703] Journal, H.D. (1st Sess., 1784), 74.

[704] _Ib._, 74-75. Henry led the fight against repealing the anti-debt laws or, as he contended, against Great Britain's infraction of the Treaty.

[705] Journal, H.D. (1st Sess., 1784), 25.

[706] Madison to Jefferson, Jan. 9, 1785; _Writings_: Hunt, ii, 114.

[707] See Madison's vivid description of this incident; _ib._, 116; also Henry, ii, 233.

[708] _Ib._

[709] Marshall to Monroe, Dec. 2, 1784; MS., Monroe Papers, Lib. Cong.

[710] Madison to Monroe, Dec. 24, 1785; _Writings_: Hunt, ii, 205.

"Being convinced myself that nothing can be now done that will not extremely dishonor us, and embara.s.s Cong^s my wish is that the report may not be called for at all. In the course of the debates no pains were spared to disparage the Treaty by insinuations ag^{st} Cong^s, the Eastern States, and the negociators of the Treaty, particularly J.

Adams. These insinuations & artifices explain perhaps one of the motives from which the augmention of the foederal powers & respectability has been opposed." (Madison to Monroe, Dec. 30, 1785; _ib._, 211.)

[711] Curiously enough, it fell to Jefferson as Secretary of State to report upon, explain, and defend the measures of Virginia and other States which violated the Treaty of Peace. (See Jefferson to the British Minister, May 29, 1792; _Works_: Ford, vii, 3-99.) This masterful statement is one of the finest argumentative products of Jefferson's brilliant mind.

[712] Journal, H.D. (1787), 51.

[713] _Ib._, 52.

[714] _Ib._ James Monroe was a member of the House at this session and voted against the first amendment and for the second. On the contrary, Patrick Henry voted for the first and against the second amendment.

George Mason voted against both amendments. So did Daniel Boone, who was, with Thomas Marshall, then a member of the Virginia Legislature from the District of Kentucky. On the pa.s.sage of the resolution, James Monroe and Patrick Henry again swerved around, the former voting for and the latter against it.

[715] Journal, H.D. (1787), 52.

[716] Journal, H.D. (1787), 79.

[717] "If we are now to pay the debts due to the British merchants, what have we been fighting for all this while?" was the question the people "sometimes" asked, testifies George Mason. (Henry, ii, 187.) But the fact is that this question generally was asked by the people. Nothing explains the struggle over this subject except that the people found it a bitter hardship to pay the debts, as, indeed, was the case; and the idea of not paying them at all grew into a hope and then a policy.

[718] Journal, H.D. (1787), 80.

[719] Hening, xii, 528. Richard Henry Lee thought that both countries were to blame. (Lee to Henry, Feb. 14, 1785; quoted in Henry, iii, 279.)

[720] For an excellent statement regarding payment of British debts, see letter of George Mason to Patrick Henry, May 6, 1783, as quoted in Henry, ii, 186-87. But Mason came to put it on the ground that Great Britain would renew the war if these debts were not paid.

[721] Story, in Dillon, iii, 338.

[722] Hening, x, chaps. ii and ix, 409-51.

[723] For a general review of the state of the country see _infra_, chaps. VII and VIII.

[724] Hening, xi, chap. xlii, 171.

[725] _Ib._, chap. x.x.xi, 350.