“Our ministers have not yet, nor do they seem to think it certain that
they will be received. Indeed they make arrangements which denote an
expectation of returning to America immediately. The captures of our
vessels seem to be only limited by the ability to capture. That ability
is increasing, as the government has let out to hardy adventurers the
national frigates. Among those who plunder us, who are most active in
this infamous business, and most loud in vociferating criminations
equally absurd and untrue, are some unprincipled apostates who were born
in America. The sea rovers by a variety of means seem to have acquired
great influence in the government. This influence will be exerted to
prevent an accommodation between the United States and France, and to
prevent any regulations which may intercept the passage of the spoils
they have made on our commerce, to their pockets. The government, I
believe, is but too well disposed to promote their views.”
In a letter to Judge Peters, of Philadelphia, dated November 23, 1807,
just after the Burr trial, after thanking his correspondent for a volume
of “Admiralty Reports,” he has something to say of that case:--
“I have as yet been able only to peep into the book, not to read many of
the cases. I received it while fatigued, and occupied with the most
unpleasant case which has ever been brought before a judge in this or,
perhaps, in any other country which affected to be governed by laws;
since the decision of which I have been entirely from home. The day
after the commitment of Colonel Burr for a misdemeanor I galloped to the
mountains, whence I only returned in time to perform my North Carolina
circuit, which terminates just soon enough to enable me to be here to
open the court for the ancient dominion. Thus you perceive I have
sufficient bodily employment to prevent my mind from perplexing itself
about the attentions paid me in Baltimore and elsewhere. I wish I could
have had as fair an opportunity to let the business go off as a jest
here as you seem to have had in Philadelphia; but it was most deplorably
serious, and I could not give the subject a different aspect by treating
it in any manner which was in my power. I might, perhaps, have made it
less serious to myself by obeying the public will, instead of the public
law, and throwing a little more of the sombre upon others.”
CHAPTER VII
MARSHALL AS A CITIZEN AND A NEIGHBOR
There is more to be said of Marshall’s private and personal life. After
he went on the bench, his principal non-judicial work, in the nature of
public service, seems to have been writing the “Life of Washington,”
with the later revision and reconstruction of that work, and his
activity in a few matters of not too partisan a sort, such as were
likely to engage the attention of a public-spirited citizen.
Public-domain text, read in full here on John Shaqi.
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