[505] Kennedy, ii, 76. Mr. Wirt remembered the argument well; but twenty-four years having elapsed, he had forgotten the case in which it was made. He says that it was the Carriage Tax case and that Hamilton was one of the attorneys. But it was the British Debts case and Hamilton's name does not appear in the records.

[506] Kennedy, ii, 66. Francis W. Gilmer was then the most brilliant young lawyer in Virginia. His health became too frail for the hard work of the law; and his early death was universally mourned as the going out of the brightest light among the young men of the Old Dominion.

[507] Gilmer, 23-24.

[508] Wirt: _The British Spy_, 112-13.

[509] La Rochefoucauld, iii, 120. Doubtless La Rochefoucauld would have arrived at the above conclusion in any event, since his estimate of Marshall is borne out by every contemporary observer; but it is worthy of note that the Frenchman while in Richmond spent much of his time in Marshall's company. (_Ib._, 119.)

[510] _Ib._, 75. "The profession of a lawyer is ... one of the most profitable.... In Virginia the lawyers usually take care to insist on payment before they proceed in a suit; and this custom is justified by the general disposition of the inhabitants to pay as little and as seldom as possible."

[511] Jefferson to Monroe, Feb. 8, 1798; _Works_: Ford, viii, 365.

Marshall was in France at the time. (See _infra_, chaps. VI to VIII inclusive.)

[512] Story, in Dillon, iii, 354. Ware _vs._ Hylton was argued Feb. 6, 8, 9, 10, 11, and 12. The fight against the bill to carry out the Jay Treaty did not begin in the National House of Representatives until March 7, 1796.

[513] Morris to Marshall, May 3, 1796; Morris's Private Letter Book; MS., Lib. Cong. The stock referred to in this correspondence is probably that of the Bank of the United States.

[514] Morris to Marshall, June 16, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[515] Morris to Marshall, Aug. 24, 1796; _ib._

[516] The commission failed and war was narrowly averted by the payment of a lump sum to Great Britain. It is one of the curious turns of history that Marshall, as Secretary of State, made the proposition that finally concluded the matter and that Jefferson consummated the transaction. (See _infra_, chap. XII.)

[517] Lee means a debtor under the commission. Marshall was a debtor to Fairfax. (See _infra_.)

[518] Lee to Washington, March 20, 1796; _Cor. Rev._: Sparks, iv, 481-82.

[519] William Bingham of Philadelphia was reputed to be "the richest man of his time." (Watson: _Annals of Philadelphia_ i. 414.) Chastellux estimates Morris's wealth at the close of the Revolution at 8,000,000 francs. (Chastellux, 107.) He increased his fortune many fold from the close of the war to 1796.

The operations of Robert Morris in land were almost without limit. For instance, one of the smaller items of his purchases was 199,480 acres in Burke County, North Carolina. (Robert Morris to James M. Marshall, Sept.

24, 1795; Morris's Private Letter Book; MS., Lib. Cong.)

Another example of Morris's scattered and detached deals was his purchase of a million acres "lying on the western counties of Virginia ... purchased of William Cary Nicholas.... I do not consider one shilling sterling as one fourth the real value of the lands.... If, therefore," writes Morris to James M. Marshall, "a little over 5000 Stg. could be made on this security it would be better than selling especially at 12^d. per acre." (Robert Morris to James M. Marshall, Oct.

10, 1795; _ib._)

Morris owned at one time or another nearly all of the western half of New York State. (See Oberholtzer, 301 _et seq._) "You knew of Mr. Robert Morris's purchase ... of one million, three hundred thousand acres of land of the State of Ma.s.sachusetts, at five pence per acre. It is said he has sold one million two hundred thousand acres of these in Europe."

(Jefferson to Washington, March 27, 1791; _Cor. Rev._: Sparks, iv, 365.)

Patrick Henry acquired considerable holdings which helped to make him, toward the end of his life, a wealthy man. Washington, who had a keen eye for land values, became the owner of immense quant.i.ties of real estate. In 1788 he already possessed two hundred thousand acres. (De Warville, 243.)

[520] Oberholtzer, 266 _et seq._ Hester Morris, at the time of her marriage to John Marshall's brother, was the second greatest heiress in America.

[521] Grigsby, i, footnote to 150.

[522] Deed of Lieutenant-General Phillip Martin (the Fairfax heir who made the final conveyance) to Rawleigh Colston, John Marshall, and James M. Marshall; Records at Large, Fauquier County (Virginia) Circuit Court, 200 _et seq._ At the time of the contract of purchase, however, the Fairfax estate was supposed to be very much larger than the quant.i.ty of land conveyed in this deed. It was considerably reduced before the Marshalls finally secured the t.i.tle.

[523] Lee is mentioned in all contemporary references to this transaction as one of the Marshall syndicate, but his name does not appear in the Morris correspondence nor in the deed of the Fairfax heir to the Marshall brothers and Colston.

[524] J^s. Marshall to ---- [Edmund Randolph] Jan. 21, 1794; MS.

Archives Department of State. Marshall speaks of dispatches which he is carrying to Pinckney, then American Minister to Great Britain. This letter is incorrectly indexed in the Archives as from John Marshall. It is signed "J^s. Marshall" and is in the handwriting of James M.

Marshall. John Marshall was in Richmond all this year, as his Account Book shows.

[525] Morris to John Marshall, Nov. 21, 1795; and Aug. 24, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[526] Morris to Colston, Nov. 11, 1796; _ib._

[527] Robert Morris to James M. Marshall, Dec. 3, 1796; Morris's Private Letter Book; MS., Lib. Cong. By the expression "Washington Lotts" Morris refers to his immense real estate speculations on the site of the proposed National Capital. Morris bought more lots in the newly laid out "Federal City" than all other purchasers put together. Seven thousand two hundred and thirty-four lots stood in his name when the site of Washington was still a primeval forest. (Oberholtzer, 308-12.) Some of these he afterwards transferred to the Marshall brothers, undoubtedly to make good his engagement to furnish the money for the Fairfax deal, which his failure prevented him from advancing entirely in cash. (For account of Morris's real estate transactions in Washington see La Rochefoucauld, iii, 622-26.)

[528] This Hottenguer soon appears again in John Marshall's life as one of Talleyrand's agents who made the corrupt proposals to Marshall, Pinckney, and Gerry, the American Commissioners to France in the famous X.Y.Z. transaction of 1797-98. (See _infra_, chaps. VI to VIII.)

[529] Robert Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[530] Morris to John Marshall, Jan. 23, 1797; Morris's Private Letter Book; MS., Lib. Cong.

[531] Hening, ix, chap. ix, 377 _et seq._; also _ib._, x, chap. xiv, 66 _et seq._; xi, chap. xliv, 75-76; xi, chap. xlv, 176 _et seq._; xi, chap. xlvii, 81 _et seq._; xi, chap. x.x.x, 349 _et seq._

[532] Such effect of these treaties was not yet conceded, however.

[533] Morris to James M. Marshall, March 4, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[534] Hunter _vs._ Fairfax, Devisee, 3 Dallas, 303, and footnote.

[535] Originals in Archives of Virginia State Library. Most of the pet.i.tions were by Germans, many of their signatures being in German script. They set forth their sufferings and hardships, their good faith, loss of papers, death of witnesses, etc.

[536] Laws of Virginia, Revised Code (1819), i, 352.

[537] Laws of Virginia, Revised Code (1819), i, 352. Marshall's letter accepting the proposal of compromise is as follows:--

"RICHMOND, November 24th, 1796.

"SIR, being one of the purchasers of the lands of Mr. Fairfax, and authorized to act for them all, I have considered the resolution of the General a.s.sembly on the pet.i.tions of sundry inhabitants of the counties of Hampshire, Hardy, and Shenandoah, and have determined to accede to the proposition it contains.

"So soon as the conveyance shall be transmitted to me from Mr.

Fairfax, deeds extinguishing his t.i.tle to the waste and unappropriated lands in the Northern Neck shall be executed, provided an act pa.s.ses during this session, confirming, on the execution of such deeds, the t.i.tle of those claiming under Mr. Fairfax the lands specifically appropriated and reserved by the late Thomas Lord Fairfax, or his ancestors, for his or their use.

"I remain Sir, with much respect and esteem,

"Your obedient servant, JOHN MARSHALL.

"The Honorable, the Speaker of the House of Delegates."

(Laws of Virginia.)

[538] Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[539] Morris to James M. Marshall, Feb. 10, 1797; Morris's Private Letter Book; MS., Lib. Cong. Morris adds that "I mortgaged to Col^o.

Hamilton 100,000 acres of Genesee Lands to secure payment of $75,000 to Mr. Church in five years. This land is worth at this moment in Cash two Dollars pr Acre."