The Life of John Marshall
Chapter 84 : "Many were restrain'd by an unwillingness to take the oath required before a

"Many were restrain'd by an unwillingness to take the oath required before a vote could be receiv'd; many, disgusted with the present state of things, have come to the unwise determination of revenging themselves on those whom they charge with having occasion'd it by taking no part whatever in the politics of their country, & many seem to be indifferent to every consideration not immediately connected with their particular employments."

Holland's example made the deepest impression on Marshall's mind. What he saw and heard fortified his already firm purpose not to permit America, if he could help it, to become the subordinate or ally of any foreign power. The concept of the American people as a separate and independent Nation unattached to, unsupported by, and unafraid of any other country, which was growing rapidly to be the pa.s.sion of Marshall's life, was given fresh force by the humiliation and distress of the Dutch under French control.

"The political opinions which have produc'd the rejection of the const.i.tution," Marshall reasons in his report to Was.h.i.+ngton, "& which, as it wou'd seem, can only be entertain'd by intemperate & ill inform'd minds unaccustom'd to a union of the theory & practice of liberty, must be a.s.sociated with a general system which if brought into action will produce the same excesses here which have been so justly deplor'd in France.

"The same materials exist tho' not in so great a degree. They have their clubs, they have a numerous poor & they have enormous wealth in the hands of a minority of the nation."

Marshall interviewed Dutch citizens, in his casual, indolent, and charming way; and he thus relates to Was.h.i.+ngton the sum of one such conversation:--

"On my remarking this to a very rich & intelligent merchant of Amsterdam & observing that if one cla.s.s of men withdrew itself from public duties & offices it wou'd immediately be succeeded by another which wou'd acquire a degree of power & influence that might be exercis'd to the destruction of those who had retir'd from society, he replied that the remark was just, but that they relied on France for a protection from those evils which she had herself experienc'd. That France wou'd continue to require great supplies from Holland & knew its situation too well to permit it to become the prey of anarchy.

"That Holland was an artificial country acquired by persevering industry & which cou'd only be preserv'd by wealth & order. That confusion & anarchy wou'd banish a large portion of that wealth, wou'd dry up its sources & wou'd entirely disable them from giving France that pecuniary aid she so much needed. That under this impression very many who tho'

friends to the revolution, saw with infinite mortification french troops garrison the towns of Holland, wou'd now see their departure with equal regret.

"Thus, they willingly relinquish national independence for individual safety. What a lesson to those who wou'd admit foreign influence into the United States!"

Marshall then narrates the events in France which followed the _coup d'etat_ of September 4. While this account is drawn from rumors and newspapers and therefore contains a few errors, it is remarkable on the whole for its general accuracy. No condensation can do justice to Marshall's review of this period of French history in the making. It is of first importance, also, as disclosing his opinions of the Government he was so soon to encounter and his convictions that unrestrained liberty must result in despotism.

"You have observed the storm which has been long gathering in Paris,"

continues Marshall. "The thunderbolt has at length been launch'd at the heads of the leading members of the legislature & has, it is greatly to be fear'd, involv'd in one common ruin with them, the const.i.tution & liberties of their country.... Complete & impartial details concerning it will not easily be obtained as the press is no longer free. The journalists who had ventur'd to censure the proceedings of a majority of the directory are seiz'd, & against about forty of them a sentence of transportation is p.r.o.nounced.

"The press is plac'd under the superintendence of a police appointed by & dependent on the executive. It is supposed that all private letters have been seiz'd for inspection.

"From some Paris papers it appears, that on the first alarm, several members of the legislature attempted to a.s.semble in their proper halls which they found clos'd & guarded by an arm'd force. Sixty or seventy a.s.sembled at another place & began to remonstrate against the violence offer'd to their body, but fear soon dispersed them.

"To destroy the possibility of a rallying point the munic.i.p.al administrations of Paris & the central administration of the seine were immediately suspended & forbidden by an arrete of the directoire, to a.s.semble themselves together.

"Many of the administrators of the departments through France elected by the people, had been previously remov'd & their places filled by persons chosen by the directory....

"The fragment of the legislature convok'd by the directory at L'Odeon & L'ecole de sante, hasten'd to repeal the law for organizing the national guards, & authoriz'd the directory to introduce into Paris as many troops as shou'd be judg'd necessary. The same day the liberty of the press was abolish'd by a line, property taken away by another & personal security destroy'd by a sentence of transportation against men unheard & untried.

"All this," sarcastically remarks Marshall, "is still the triumph of liberty & of the const.i.tution."

Although admitting his lack of official information, Marshall "briefly"

observes that: "Since the election of the new third, there were found in both branches of the legislature a majority in favor of moderate measures & apparently, wis.h.i.+ng sincerely for peace. They have manifested a disposition which threaten'd a condemnation of the conduct of the directory towards America, a scrutiny into the transactions of Italy, particularly those respecting Venice & Genoa, an enquiry into the disposition of public money & such a regular arrangement of the finances as wou'd prevent in future those dilapidations which are suspected to have grown out of their disorder. They [French conservatives] have sought too by their laws to ameliorate the situation of those whom terror had driven out of France, & of those priests who had committed no offense."

Marshall thus details to Was.h.i.+ngton the excuse of the French radicals for their severe treatment of the conservatives:--

"The cry of a conspiracy to reestablish royalism was immediately rais'd against them [conservatives]. An envoy was dispatched to the Army of Italy to sound its disposition. It was represented that the legislature was hostile to the armies, that it withheld their pay & subsistence, that by its opposition to the directory it encourag'd Austria & Britain to reject the terms of peace which were offer'd by France & which but for that opposition wou'd have been accepted, & finally that it had engag'd in a conspiracy for the destruction of the const.i.tution & the republic & for the restoration of royalty.

"At a feast given to the armies of Italy to commemorate their fellow soldiers who had fallen in that country the Generals address'd to them their complaints, plainly spoke of marching to Paris to support the directory against the councils & received from them addresses manifesting the willingness of the soldiers to follow them.

"The armies also addressed the directory & each other, & addresses were dispatched to different departments. The directory answer'd them by the stronge[st] criminations of the legislature. Similar proceedings were had in the army of the interior commanded by Gen^l. Hoche. Detachments were mov'd within the limits prohibited by the const.i.tution, some of which declar'd they were marching to Paris 'to bring the legislature to reason.'"

Here follows Marshall's story of what then happened, according to the accounts which were given him at The Hague:--

"Alarm'd at these movements the council of five hundred call'd on the directory for an account of them. The movement of the troops within the const.i.tutional circle was attributed to accident & the discontents of the army to the faults committed by the legislature who were plainly criminated as conspirators against the army & the republic.

"This message was taken up by Troncon in the council of antients & by Thibideau in the council of five hundred. I hope you have seen their speeches. They are able, & seem to me entirely exculpated the legislature.

"In the mean time the directory employed itself in the removal of the administrators of many of the departments & cantons & replacing those whom the people had elected by others in whom it cou'd confide, and in the removal generally of such officers both civil & military as cou'd not be trusted to make room for others on whom it cou'd rely.

"The legislature on its part, pa.s.s'd several laws to enforce the const.i.tutional restrictions on the armies & endeavored to organize the national guards. On this latter subject especially Pichegru, great & virtuous I believe in the cabinet as in the field, was indefatigable. We understand that the day before the law for their organization wou'd have been carried into execution the decisive blow was struck."

Marshall now relates, argumentatively, the facts as he heard them in the Dutch Capital; and in doing so, reveals his personal sentiments and prejudices:--

"To support the general charge of conspiracy in favor of royalty I know of no particular facts alleged against the arrested Members except Pichegru & two or three others.... Pichegru is made in the first moment of conversation to unbosom himself entirely to a perfect stranger who had only told him that he came from the Prince of Conde & cou'd not exhibit a single line of testimonial of any sort to prove that he had ever seen that Prince or that he was not a spy employ'd by some of the enemies of the General.

"This story is repel'd by Pichegru's character which has never before been defil'd. Great as were the means he possess'd of personal aggrandizement he retir'd clean handed from the army without adding a s.h.i.+lling to his private fortune. It is repel'd by his resigning the supreme command, by his numerous victories subsequent to the alleged treason, by its own extreme absurdity & by the fear which his accusers show of bringing him to trial according to the const.i.tution even before a tribunal they can influence & overawe, or of even permitting him to be heard before the prostrate body which is still term'd the legislature & which in defiance of the const.i.tution has p.r.o.nounc'd judgment on him.

"Yet this improbable & unsupported tale seems to be receiv'd as an established truth by those who the day before [his] fall bow'd to him as an idol. I am mortified as a man to learn that even his old army which conquer'd under him, which ador'd him, which partook of his fame & had heretofore not join'd their brethren in accusing the legislature, now unite in bestowing on him the heaviest execrations & do not hesitate to p.r.o.nounce him a traitor of the deepest die."

Irrespective of the real merits of the controversy, Marshall tells Was.h.i.+ngton that he is convinced that const.i.tutional liberty is dead or dying in France:--

"Whether this conspiracy be real or not," he says, "the wounds inflicted on the const.i.tution by the three directors seem to me to be mortal. In opposition to the express regulations of the const.i.tution the armies have deliberated, the result of their deliberations addressed to the directory has been favorably received & the legislature since the revolution has superadded its thanks.

"Troops have been marched within those limits which by the const.i.tution they are forbidden to enter but on the request of the legislature. The directory is forbidden to arrest a member of the legislature unless in the very commission of a criminal act & then he can only be tried by the high court, on which occasion forms calculated to protect his person from violence or the prejudice of the moment are carefully prescrib'd.

"Yet it has seized, by a military force, about fifty leading members not taken in a criminal act & has not pursued a single step mark'd out by the const.i.tution. The councils can inflict no penalty on their own members other than reprimand, arrest for eight & imprisonment for three days. Yet they have banished to such places as the directory shall chuse a large portion of their body without the poor formality of hearing a defense.

"The legislature shall not exercise any judiciary power or pa.s.s any retrospective law. Yet it has p.r.o.nounc'd this heavy judgment on others as well as its own members & has taken from individuals property which the law has vested in them."

Marshall is already bitter against the Directory because of its violation of the French Const.i.tution, and tells Was.h.i.+ngton:--

"The members of the directory are personally secur'd by the same rules with those of the legislature. Yet three directors have depriv'd two of their places, the legislature has then banished them without a hearing & has proceeded to fill up the alledg'd vacancies. Merlin late minister of justice & Francois de Neufchatel have been elected.

"The const.i.tution forbids the house of any man to be entered in the night. The orders of the const.i.tuted authorities can only be executed in the day. Yet many of the members were seiz'd in their beds.

"Indeed, sir, the const.i.tution has been violated in so many instances that it wou'd require a pamphlet to detail them. The detail wou'd be unnecessary for the great principle seems to be introduc'd that the government is to be administered according to the will of the nation."

Marshall now indulges in his characteristic eloquence and peculiar method of argument:--

"Necessity, the never to be worn out apology for violence, is alledg'd--but cou'd that necessity go further than to secure the persons of the conspirators? Did it extend to the banishment of the printers & to the slavery of the press? If such a necessity did exist it was created by the disposition of the people at large & it is a truth which requires no demonstration that if a republican form of government cannot be administered by the general will, it cannot be administered against that will by an army."

Nevertheless, hope for const.i.tutional liberty in France lingers in his heart in spite of this melancholy recital.

"After all, the result may not be what is apprehended. France possesses such enormous power, such internal energy, such a vast population that she may possibly spare another million & preserve or reacquire her liberty. Or, the form of the government being preserved, the independence of the legislature may be gradually recover'd.

"With their form of government or resolutions we have certainly no right to intermeddle, but my regrets at the present state of things are increased by an apprehension that the rights of our country will not be deem'd so sacred under the existing system as they wou'd have been had the legislature preserved its legitimate authority."[588]

Was.h.i.+ngton's reply, which probably reached Marshall some time after the latter's historic letter to Talleyrand in January, 1798,[589] is informing. He "prays for a continuance" of such letters and hopes he will be able to congratulate Marshall "on the favorable conclusion of your emba.s.sy.... To predict the contrary might be as unjust as it is impolitic, and therefore," says Was.h.i.+ngton, "mum--on that topic. Be the issue what it may," he is sure "that nothing which justice, sound reasoning, and fair representation would require will be wanting to render it just and honorable." If so, and the mission fails, "then the eyes of all who are not willfully blind ... will be fully opened." The Directory will have a rude awakening, if they expect the Republicans to support France against America in the "dernier ressort.... For the ma.s.s of our citizens require no more than to understand a question to decide it properly; and an adverse conclusion of the negotiation will effect this." Was.h.i.+ngton plainly indicates that he wishes Marshall to read his letter between the lines when he says: "I shall dwell very little on European politics ... because this letter may pa.s.s through many hands."[590]

Gerry not arriving by September 18, Marshall and Pinckney set out for Paris, "proceeding slowly in the hope of being overtaken" by their tardy a.s.sociate. From Antwerp Marshall writes Charles Lee, then Attorney-General, correcting some unimportant statements in his letter to Was.h.i.+ngton, which, when written, were "considered as certainly true,"

but which "subsequent accounts contradict."[591] Down-heartedly he says:--

"Our insulted injured country has not before it the most flattering prospects. There is no circ.u.mstance calculated to flatter us with the hope that our negotiations will terminate as they ought to do.... We understand that all is now quiet in France, the small show of resistance against which Napoleon march'd is said to have dispersed on hearing of his movement."

He then describes the celebration in Antwerp of the birth of the new French regime:--