Beacon Lights of History, Volume 11: American FoundersLord, John
History
Beacon Lights of History, Volume 11: American Founders
Lord, John
History; United States -- Biography
"Millions for defence, but not a cent for tribute." This sentiment has
often been ascribed to Pinckney, who is supposed to have uttered it when
approached by the unofficial agents in Paris. The correspondence shows,
however, that the words employed by Mr. Pinckney were, "No, no; not a
sixpence!" The meaning was similar, but the phrase employed at
Philadelphia is entitled to a certain immortality of its own.
On his return to the United States, Marshall resumed the practice of
his profession; but soon afterwards, at the earnest entreaty of
Washington, he became a candidate for Congress, declining for that
purpose an appointment to the Supreme Court of the United States, as
successor to Mr. Justice Wilson. He was elected after an exciting
canvass, and in December, 1799, took his seat. He immediately assumed a
leading place among the supporters of President Adams's administration,
though on one occasion he exhibited his independence of mere party
discipline by voting to repeal the obnoxious second section of the
Sedition Law. But of all the acts by which his course in Congress was
distinguished, the most important was his defence of the administration,
in the case of Jonathan Robbins, _alias_ Thomas Nash, By the
twenty-seventh article of the Jay treaty it was provided that fugitives
from justice should be delivered up for the offence of murder or
forgery. Under this stipulation Robbins, _alias_ Nash, was charged with
the commission of the crime of murder on board a British privateer on
the high seas. He was arrested on a warrant issued upon the affidavit of
the British Consul at Charleston, South Carolina. After his arrest an
application was made to Judge Bee, sitting in the United States Circuit
Court at Charleston, for a writ of _habeas corpus_. While Robbins was in
custody, the President, John Adams, addressed a note to Judge Bee,
requesting and advising him, if it should appear that the evidence
warranted it, to deliver the prisoner up to the representatives of the
British government. The examination was held by Judge Bee, and Robbins
was duly surrendered. It is an illustration of the vicissitudes of
politics that, on the strength of this incident, the cry was raised that
the President had caused the delivery up of an American citizen who had
previously been impressed into the British service. For this charge
there was no ground whatever; but it was made to serve the purposes of
the day, and was one of the causes of the popular antagonism to the
administration of John Adams. When Congress met in December, 1799, a
resolution was offered by Mr. Livingston, of New York, severely
condemning the course of the administration. Its action was defended in
the House of Representatives by Marshall on two grounds: first, that the
case was one clearly within the provisions of the treaty; and, second,
that no act having been passed by Congress for the execution of the
treaty, it was incumbent upon the President to carry it into effect by
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