Marshall told Talleyrand that this was not the way in which a foreign minister ought to be treated. Talleyrand replied that Marshall was not a foreign minister; that he had not been officially received; that he was considered as a private American citizen, and must obtain his passports, like others, through the Consul.

COMPELS TALLEYRAND TO GIVE HIM PASSPORTS.

Marshall replied in forcible language that he was a foreign minister, and that the French Government could not deprive him of that title, which was conferred on him, not by Talleyrand, but by the United States. He declared that though the Directory might refuse to receive him or treat with him, his country had clothed him with full power, which he held independently of France. He further said that if he were not acceptable to the French Government, and they had determined to send him away, he ought to be sent away like a minister; that he ought to have his passports, with letters of safe conduct which would protect him from the cruisers of France.

To these dignified demands Talleyrand replied that if Marshall wished for a passport he must give in his name, stature, age, complexion, etc., to the American Consul, who would obtain one for him. Concerning the letter of safe conduct, he said it would be unnecessary, as no risk from cruisers would be incurred. Notwithstanding these indignities, Marshall persisted in his demand, and passports were finally sent the envoys.

When the results of the mission were known in the United States there was much indignation against France and great enthusiasm over the conduct of the envoys. Marshall was publicly received in several cities, and was given an ovation.

Shortly after his return President Adams wished to appoint him a Federal Judge, but Mr. Marshall declined, and Bushrod Washington, a nephew of General Washington, was appointed instead. At the solicitation of General Washington Mr. Marshall was induced thereafter to become a candidate for Congress.

GEORGE WASHINGTON'S STORY ABOUT MARSHALL.

Of Mr. Marshall's visits to Mount Vernon, General Washington was accustomed to tell the following story:

On one occasion, during a visit he (Washington) paid to Mount Vernon while President, he had invited the company of two distinguished lawyers (John Marshall and Bushrod Washington), each of whom afterwards rose

to the highest judicial station in the country. They came on horseback, and, for convenience or some other purpose, had bestowed their wardrobe in the same pair of saddle-bags, each one occupying his side. On their arrival, wet to the skin by a shower of rain, they were shown into a chamber to change their garments. One unlocked his side of the bag, and the first. thing he drew forth was a large, black bottle of whiskey. He insisted this was his companion's side of the bag, but on unlocking the other side there was found a huge twist of tobacco, a cake of corn bread and the complete equipments of a wagoner's pack-saddle. They had exchanged saddle-bags with some traveler on the way, and were compelled to appear in borrowed clothes that fitted them most ludicrously. General Washington was highly diverted and amused by anticipating the dismay of the teamster when he should discover the mistake with the men of law.

It was on this visit that Washington persuaded Marshall to become a candidate for Congress, and we cannot fail to be struck with the circumstance, as it was among the first of his Congressional duties to announce the death of Washington.

Marshall's campaign for Congress was a stormy one. He was attacked from all sides by the Republicans, and they tried to make it appear that Patrick Henry was opposing him, but this Henry indignantly denied, and in a letter to a friend said: "Tell Marshall I love him, because he felt and acted as a Republican, as an American." They also attempted to make it appear that he had shown great disrespect for Washington. As an evidence of the feeling that was beginning to be manifested against Federalists at that time, the case of Mr. Mayo, who was nominated to succeed Mr. Marshall, may be cited. He was defeated for election by a big majority, was grossly insulted in public by a relative of Senator Taylor, and was afterwards wounded by him in a duel.

Mr. Marshall closed his diplomatic career as Secretary of State in the Cabinet of John Adams, who, after his defeat by Thomas Jefferson, appointed Mr. Marshall Chief Justice of the United States.

CHAPTER XXI.

BURR'S PLAN TO SEIZE MEXICO-THE FAMOUS TRIAL FOR TREASON-BURR ACQUITTED BY MARSHALL-THE GREAT STEAMBOAT CASE-ANECDOTES OF

THE CHIEF JUSTICE-A BRITISH

VIEW OF MARSHALL.

T

HE trial of Aaron Burr for treason is probably the most famous in American history. Before the former Vice-President of the United States was brought to the bar of justice, he had already been convicted in the public mind. He had been arrested at the instigation of President Jefferson, who, convinced of his guilt, left nothing undone to secure the punishment that the crime of treason so richly deserved. The prisoner at the bar was at the time probably the most unpopular man in the United States. He had been cast out by his party; had been defeated for renomination to the Vice-Presidency; had been defeated for election to the Governorship of New York, had slain one of the most distinguished men in the country, Alexander Hamilton, in a duel, without his antagonist having fired a shot, and he was generally regarded as a plotter and a dangerous man. There seemed to be no doubt of his conviction in court, and everybody appeared to desire it.

The judge who presided at that famous trial was antagonistic to Burr in politics. He was the personal friend of Hamilton, and belonged to the same political party as the slain statesman. He was John Marshall, ChiefJustice of the United States.

BURR'S PLAN TO SEIZE MEXICO.

It had been a favorite project of Mr. Jefferson that in the event of a war with Spain the United States should make a conquest of Mexico and thus inflict a powerful blow upon that country. Burr knew of Mr. Jefferson's plan, and under the pretext of official sanction, he resolved to seize the glittering prize for himself. He would realize in this new realm the

gorgeous dream of romance that Napoleon did in the old. Much discontent existed in the territories of Mississippi and Louisiana, and it was a part of his plan to detach them from the Union and unite them with the Empire of the Montezumas when he should have seized it and have become its ruler.

The people of the West were so sure that Burr's project had the sanction of the administration that when he broached the subject to General Wilkinson, then in command of the western military forces, Wilkinson at once promised to co-operate with him. Of course he said nothing to Wilkinson of the plan to seize the southern territories of the United States. On July 29, 1806, Burr sent from Philadelphia, by one Samuel Swartout, a letter in cipher to General Wilkinson concerning the enterprise. In the following month he went West and commenced active preparations for the expedition. Boats and stores were collected and many strange faces began to appear along the Ohio River. This alarmed the people of that section, who saw in it a conspiracy to destroy the Union. Wilkinson, too, discovered that Burr was acting without official sanction. He sent Burr's letter to the President, arrested Swartout and others, refused to deliver them to the civil authorities and took active steps for the defense of New Orleans. Then it was that the President issued a proclamation against Burr and ordered the arrest of all persons concerned with him. Burr was arrested while attempting to escape across country to Pensacola, and sent to Richmond for trial.

STORY OF THE GREAT TRIAL.

The legal contest in this case was a battle of the giants. Burr was defended by Edmund Randolph, John Wickham, Benjamin Botts, John Baker, Luther Martin, and Charles Lee, the late attorney-general. The government attorneys were George Hay, Alexander McRae and William Wirt. The indictment charged that the prisoner, with a number of persons unknown, levied war on Blennerhassett's Island, in Wood County, Virginia, and that they then proceeded from that island down the river for the purpose of seizing New Orleans by force. The testimony showed, and the prosecuting attorney admitted, that Burr was not present when the alleged act was committed.

The testimony did not justify Burr's conviction, and Judge Marshall made that fact clear to the jury when instructing them in the law in the case. He knew that Burr's acquittal would subject himself to criticism

and abuse, but the fear of consequences had no effect upon him, for he said: "That this court dares not usurp power is most true. That this court dares not shrink from its duty is not less true. No man is desirous of placing himself in a disagreeable situation. No man is desirous of becoming the peculiar subject of calumny. No man, might he let the bitter cup pass from him without self-reproach, would drain it to the bottom. But if he has no choice in the case; if there is no alternative presented to him but a dereliction of duty, or the opprobrium of those who are denominated the world, he merits the contempt, as well as the indignation of his country, who can hesitate which to embrace."

The result of Judge Marshall's instruction to the jury resulted in a verdict of "Not guilty," and the criticism which Judge Marshall anticipated in his decision was not long in coming. President Jefferson openly expressed his dissatisfaction, and one of his warmest supporters introduced a bill in the Senate to define treason, supporting it in a speech in which he attacked Chief Justice Marshall with insidious warmth. Amongst other things he said: "I have learned that judicial opinions on this subject are like changeable silks which vary their colors as they are held up in political sunshine."

The government having failed to convict Burr, moved to commit him for trial in Ohio, to answer in that state for a misdemeanor in setting on foot a military expedition against the Spanish Territories. Judge Marshall granted this motion and held Burr in $3,000 bail. This latter decision annoyed Burr, and he was as free in his criticisms of the Chief Justice as were his enemies.

Burr forfeited his bail and fled abroad. He has been thus aptly described: "Aaron Burr, whether viewed in the worst or best aspects of his character, was an extraordinary man. He was distinguished as a soldier, and, if judged by the standard of success, had but few superiors as a lawyer. He was aptly termed the subtlest practitioner of the time. In public life he was remarked for his commanding dignity and impressive oratory; and, in private, for an ease and grace, and charm of manner, which won the regard of men, and dazzled and captivated women. He was brave, affable, munificent, of indomitable energy, of signal perseverance. In his own person, he combined two opposite natures. He was studious, but insinuating; dignified, yet seductive. Success did not intoxicate, nor reverse dismay him. On the other hand, he is represented as profligate in morals, public and private; selfish and artful; a master in dissimulation, treacherous, cold-hearted, subtle, intriguing, full of promise, a skeptic in honesty, a