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The Presidency of
John Adams
John Adams (Engraved from the painting by Chappel.)
The Presidency of
John Adams
THE COLLAPSE OF FEDERALISM
1795-1800

by

STEPHEN G. KURTZ

Philadelphia
UNIVERSITY OF PENNSYLVANIA PRESS
© 1957 b y ^ Trustees of the University of Pennsylvania

Published in Great Britain, India, and Pakistan


by the Oxford University Press
London, Bombay, Karachi

Library of Congress Catalogue Card Number: 57-7764

Printed in the United States of America


American Book-Stratford Press, Inc., New York
to

Francis Godolphin
Preface

W H E N T H E EXPERIMENT IN GOVERNMENT FASHIONED B Y T H E


Philadelphia convention of 1787 was presented to the people
for ratification few, if any, of its framers were satisfied that
it would survive. It was recognized that much would de-
pend upon the wisdom of the men who were to administer
this government of laws during its early years. T h u s it was
that George Washington, greatly against his will, was
brought back into public life at the summit of national af-
fairs. There was very little doubt that only Washington, a
man whose prestige was as high during his lifetime as any
figure in history, could fill the office of first President. His
election was unanimous, and if ever the general will existed
or was exercised by a political body it was in the choice of
Washington to launch this experiment.
It is too often forgotten that there was no modern prece-
dent to guide the first lawmakers, jurists, and administrators
of the United States. Central government had to be set over
and at times against the governments of thirteen separate and
hitherto sovereign states; yet it was demanded that this gov-
ernment must be at the same time integrated with state gov-
ernments in its functionings. Ancient precedent suggested to
a generation steeped in classical history that popular govern-
ment could not succeed when applied to a widespread geo-
graphic area. Opponents of the Federal Constitution were
quick to point toward the Roman experience, the gradual
withering away of popular institutions, and the degradation
of republican virtues as new territories were added and new
peoples brought under its dominion.
T h e geographic immensity of the United States staggered
7
8 Preface
the imagination of the eighteenth century. It was difficult
enough to hold the frontier—western Massachusetts, west-
ern Pennsylvania, western Virginia, or western North Caro-
lina—in line with seaboard interests, and every state with the
exception of Rhode Island had its frontier expansionist prob-
lems, but that N e w England fishermen and farmers could be
united for common reasons with slave-holding Carolina plant-
ers took more than ordinary imagination. There was little
to help minimize the sense of isolation in a predominantly
rural America. Communication by coastal schooner may
have been satisfactory for those close to the Atlantic coast,
but for those who dwelt inland travel by coach was an or-
deal whose rigors could only be borne by the physically
hardy. A trip that President Adams made in 1800 from Phil-
adelphia to the new capital site at Washington consumed
three full days, and in heavy rain or snow would have been
impossible without resorting to horseback. It is hardly sur-
prising to find that most members of Congress, including the
Vice-President, were forced to live a bachelor existence or
that national politics held little attraction for men living be-
yond the metropolitan areas surrounding Philadelphia, Balti-
more, and N e w York. Meager salaries discouraged many
more, and consequently a major problem during the 1790's
was that of inducing men of talent to desert familiar and
more comfortable lives for the uncertainties and hardships
of Federal service. There was probably not a single national
figure from Washington's inauguration to Jefferson's who
did not suffer materially as a consequence of service to the
national government. It is no wonder that loyalty to state
was more prevalent than loyalty to nation among men who
made politics or government their avocation.
With these factors in mind it is reasonable to conclude that
without Washington's prestige and drawing power the Fed-
eral experiment might have floundered. There were many
who considered it a failure before it had commenced, and
Preface 9
even James Madison could defend the new Federal govern-
ment as only the best of possible compromises. What would
be the result should a man of less popularity undertake the
presidency, an office which by 1796 had become the first
fruits of violent partisanship rather than unanimity?
Division on a national scale had arisen over the question
of defining the scope of Federal and state authority. Those
who demanded the use of wider powers by the central gov-
ernment became known as "Federalists," and those who
feared the growing power of the national government as-
sumed the name "Republican." Logical words and illogical
words did not settle their differences, and it was quickly
recognized that a change in personnel was the only solution
that the disquieted and the dissatisfied would accept.
In 1795 the first national contest between these two coali-
tions commenced. A treaty with Great Britain produced an
explosion: Republicans claimed that it would not act in the
general interests but would only serve the moneyed power
that they believed hidden behind Washington's command-
ing figure. The debate over this measure was more intense
than any which had been occasioned by Washington's other
controversial measures, and Republicans, rejoicing in the un-
popularity of this venture into diplomacy, were determined
to agitate the question until the change in personnel that they
believed necessary could be engineered. The Constitution
happily presented them with the opportunity to do this in
1796 when Washington was expected to step down from the
pedestal he had so long occupied.
Historians have in the main agreed as to what happened.
W e might go ¿0 far as to say that there is a standard account,
which most textbooks print, how John Adams, President by
a three-vote electoral margin, fell into the vacuum created
by Washington's departure and crept out of office in the
dawn of democracy's birth a broken man, his party, the
party of talents, a shattered ruin, his only accomplishment
IO Preface
a negative one, that of averting a disastrous war with France,
the world's greatest military power. It has likewise been
told repeatedly that Hamilton succeeded in breaking this
man so devoid of political finesse and in so doing elevated his
great antagonist Jefferson to a place where he might reorient
American life.
Not long ago Catherine Drinker Bowen in her John Adams
and the American Revolution reminded us of a man of
great vigor and parliamentary talents, an orator who could
push the wavering and fearful into defiance of Britain. Gil-
bert Chinard, in conversations that are remembered with
delight, introduced me to John Adams the learned and ambi-
tious N e w England advocate, who spent a lifetime debating
the great problems of man's use of freedom, a man as learned
and keen as any of his generation in matters of law and po-
litical theory. Roy Franklin Nichols pointed out that there
were many problems in the history of the early national
period that a study of the Adams administration might help
to clarify; problems concerning the management of and crea-
tion of national political parties and a national point of view
without which a central government in a federal frame-
work might have been impossible. T o these three scholars I
am indebted for awakening my curiosity.
There was one problem that puzzled me above all others,
however: W h y was it that Hamilton, so powerful a force in
Federalist ranks, could not destroy Adams before he had
gained the presidency and why during the ensuing four
years was he unable to dominate a party whose leaders
looked continually to him for direction? What began as a
study of political methodology ended in suggesting answers
to some of these questions that the failures of both HamilJ
ton and Adams had left unexplained. John Adams does not
emerge a heroic figure; he was not of heroic proportions as
was Washington, whose influence often dominated him in
life as it continued to do in death. He lacked Washington's
ability to override great difficulties with outward equinimity
Preface II

and confidence, he lacked Hamilton's driving enthusiasm and


glamour, and he certainly lacked Jefferson's faith in the
wisdom of ordinary men and in democracy as a method of
government. As time has demonstrated, he lacked the abiding
popularity and success of Jefferson as a political figure. Study
has proved to my own satisfaction, however, that the Adams
record was not as disastrous to the nation or as strong a con-
demnation of his personal failings as our standard histories
would have it. So strongly has the impression of futility been
stamped upon the history of the Adams administration that
much good and substantial thought and action have been
submerged and lost to view. It would be enough to raise
these once more to the light of day.
I wish to record my gratitude to Wayne Andrews, whose
assistance in the N e w York Historical Society archives was
deeply appreciated, to R . W . Hill and W . L . Leech of the
New York Public Library, Alexander P. Clark of the Prince-
ton University Library, Catherine Miller and Mary T o w n -
send of the Historical Society of Pennsylvania, all of whom
rendered me interested and fruitful aid. John H. Powell of
Philadelphia added to my interest and enthusiasm for this
work, and I would add a special word of thanks to Julian
P. Boyd, Lyman H. Butterfield, and Mina R. Bryan for tak-
ing time from their work on the Jefferson papers project to
help me check a reference or discuss an idea.
M y gratitude to the Rev. John O. Patterson, Headmaster
of Kent School, is in return for allowing me to have time and
space for study and writing not ordinarily encouraged in the
life of a schoolmaster. Both my wife and our friend Barbara
Holly Muller lent me hours of their time in correcting and
typing the manuscript. Finally, I am personally indebted in
many ways to my father-in-law, Francis R . B. Godolphin.
T o him this work is affectionately dedicated.
STEPHEN G . KURTZ
Wabash College, Crawfordsville, Indiana
Contents

Preface 7
1 Bright Hopes f o r Mr. Jefferson 19
2 T h e Republican Challenge 39
3 Popular Federalism 59
4 T h e Candidates of 1796 78
5 Adams and Hamilton 96
6 Imported and Domestic Designs f o r V i c t o r y 114
7 T h e States and the Presidency 145
8 A Political Revolution in Pennsylvania 177
9 Discontent with Hamilton 192
10 Adams and Jefferson: Friendship and Politics 209
11 T h e Patronage Crisis and the Decline in Federal
Status 239
12 T h e President and His Secretaries 261
13 Political Consequences of the X Y Z Papers 284
14 T h e Bête N o i r of Federalism 307
15 A Just and Politic Peace 334
16 Politics and Peace, 1799 354
17 Independence 374
Appendixes 409
Bibliography 417
Index 441
«3
Illustrations

John Adams Frontispiece

(The following illustrations appear as a


group after page 128)

John Jay
James Madison
Thomas Jefferson
Timothy Pickering
Alexander Hamilton
Map of the United States in 1796

'5
The Presidency of
John Adams
1
Bright Hopes for Mr. Jefferson

T H E GROWTH OF POLITICAL PARTIES W A S A SOURCE OF CON-


stant concern to Washington as his presidential career drew
to its close. Although he left a permanent memorial to his
hatred of parties in the Farewell Address, his acceptance of
John Jay's treaty of amity and commerce in the fall of 1795
did more to solidify party lines than any other action of his
presidency. B y signing this undistinguished document the
President gave up all hopes of retiring from twenty years
of public service with the blessings of a united people to
comfort him in the wintertime of life. T h e treaty that Chief
Justice Jay concluded with Great Britain proved to adminis-
tration critics what they had long suspected: that a govern-
ment dominated by Alexander Hamilton could not be trusted
to right America's grievances against England. Mr. Jay's
friends considered half a loaf better than none and wondered
how a nation with no navy was expected to browbeat a na-
tion that went to work whistling "Britannia Rules the
Waves." Their embarrassment could scarcely be concealed,
however, and the worst of it was that a national election
was in view, Washington was dropping out, and public
favor was running in the direction of Monticello.
A s 1795 grew old enough for Mr. Jefferson's friends to be-
gin thinking about "next year," it required less and less imag-
ination to see their hero taking the inaugural oath. T h e y
were assuming, of course, that General Washington had made
up his mind on the retirement question and that the w a y
19
20 The Presidency of John Adams
would at last be open for an honest test of party strength.
His immense prestige, so often thrown against them, would
no longer stand in the way of ripping Mr. Hamilton's Fed-
eralist program open from top to bottom, and the Virginians
were already passing from the dreaming to the scheming
stage as they prepared to convene the winter session of the
House of Delegates in November. They were ready to ride
the J a y treaty into the presidential mansion behind Thomas
Jefferson.
The opposition leader had retired from Washington's offi-
cial family at the end of 1793 after a discouraging fight
against Alexander Hamilton, who, even out of office, man-
aged to lead the Federalists and to advise the President from
his N e w York law office. Isolated from the world of active
politics, Jefferson watched the long struggle over the British
treaty from Monticello with interest. He was still politician
enough to know that what his partisans called a fight against
British influence had not died when Washington signed the
treaty that fall. Writing to his friend James Monroe, who
was making himself so popular in Paris and so unpopular in
Philadelphia that year, Jefferson prophesied that the struggle
would continue. "The House of Representatives will oppose
it," he wrote in reference to the treaty, "as constitutionally
void, and thus bring on an embarrassing and critical state in
our government." 1
The crisis that Jefferson foresaw arising in the House, the
one branch of the Federal government that his party could
control, arose eight months later in March of the election
year, but it took shape first in Richmond in November, 1795.
Leaders of the Republican party in Virginia dropped the
problem of co-ordinating their attack with that which would
be launched in Congress squarely into James Madison's lap.
T o condemn the administration meant to condemn Washing-
1
September 6, 1795, Jefferson, Writings (Ford ed.), VIII, 188. The stand-
ard work on Jay's diplomacy is S. F. Bemis, Jay's Treaty (New York, 1923).
Bright Hopes for Mr. Jefferson 21
ton, and many men had been known to waver on the brink
of what to the revolutionary generation was more a ques-
tion of morality than politics. Joseph Jones, delegate from
the town of Fredericksburg, had talked the matter over
carefully with his friends and felt it essential for Madison to
spend a night with him on his return trip to Philadelphia.
The treaty offered too great an opportunity to be lost
through carelessness. What was contemplated, he wrote
Madison, was a series of resolutions aimed at a Constitutional
amendment giving the House of Representatives an equal
voice with the Senate in ratifying treaties. Jones promised to
keep Madison's name out of the debates at Richmond. 2
T e n days later Madison stopped off at Fredericksburg and
gave his consent to the plan.3 By the time he reached Phil-
adelphia assurances that the lower South would support rad-
ical changes in the ratifying process were arriving. Senator
Jackson of Georgia was as eager as the Virginians to have
Madison take the lead. "The people look to you for some
amendments which will clip the wings of the executive." Such
was the sentiment in his state, according to Jackson. 4
Federalists were prepared for the worst as they joined
their Republican colleagues in Richmond. Colonel Edward
Carrington of Richmond took stock of the situation and sent
on to the President one of his periodic reports of local pol-
itics. As usual, Carrington was unduly optimistic. The Anti-
federalists, he reported, were talking loudly about chastising
the administration and appeared confident that their sister
states would support them, but their floor leaders at Rich-
mond were nothing more than a few "hotheads" whose tal-
ents in debate would be no match for those of John Marshall
and Henry Lee Marshall, though lacking a national repu-
tation and the popularity of "Lighthorse Harry" Lee, had
2
October 29, 1795, Madison Papers, LC.
3
Madison to Jefferson, Madison to James Madison, Sr., November 8,
1795, ibid.
4
James Jackson to Madison, November 17, 1795, ibid.
22 The Presidency of John Adams
already won distinction for his legal talents and forensic
powers. Carrington promised strong support from Charles
Lee and himself, and he assured Washington that if logic had
anything to do with the outcome the Federalists would be
more than a match for their opponents.6
The Republicans lost no time in demonstrating their power
in the legislature and within a week after the opening session
had pushed through a resolution commending Virginia's sen-
ators for voting against ratification of the Jay treaty by a
two-to-one majority. John Marshall's powerful condemna-
tion of the resolve was admired but could not be seen to
have won any converts to the administration side. Republi-
cans were convinced after the first test of strength that their
numbers would hold.6
For their part the minority could not afford to hold back
their heaviest weapon. When Delegate Mayo moved that
the entire treaty question be placed before the House, Wade
Hampton leaped to his feet to throw Washington's prestige
at his opponents. The motion implied a criticism of the Pres-
ident, and as far as he was concerned the motion would im-
plicate both Washington's conduct and character. Hampton
demanded postponement but was voted down, 1 1 0 to 40. As
a last resort Charles Lee attempted to give the ensuing de-
bate a completely unofficial character by proposing an
amendment to the Mayo motion which stated that it would
be both "inexpedient and improper" for the House to ex-
press an official opinion. The proper method of criticizing
a treaty, through resolutions submitted by the people to their
Congressmen, had already failed to change the Executive's
position, he maintained, but again Federalist arguments car-
ried little weight. Following the overwhelming defeat of
Lee's amendment, John Taylor arose to launch the Repub-

6
November 10, 1795, Beveridge, John Marshall, II, 132; Boyd, Harry Lee,
240.
•Joseph Jones to Madison, November 22, 1795, Madison Papers, LC.
Bright Hopes for Mr. Jefferson 23

lican attack with the charge that the treaty was unconstitu-
tional.7
Over the week end John Marshall labored over his reply
to Taylor. His performance at the Richmond hearings in the
British debts cases of 1793 pointed to him as the only Vir-
ginia Federalist who might be pitted against Taylor on a con-
stitutional question. Realizing that he had no chance of turn-
ing the majority from its ultimate objective, Marshall avoided
the question of expediency altogether. For more than three
hours on November 19 and 20 the tall, relaxed figure held
the floor. Again and again he returned to his basic premise
that a treaty is as valid when ratified by the President with
the consent of the Senate as though approved by the popular
branch of the legislature. The Constitution was perfectly
clear on the point, and Marshall challenged the Republicans
either to accept the Constitution or to change it. He ad-
mitted the constitutional right of the House to refuse ap-
propriations after ratification, a far more judicious procedure
than to allow the treaty to be "stifled in embryo," but he
urged Virginia to avoid the disgrace of giving "an unneces-
sary affront" to the President, who had acted in good faith
throughout.8
Carrington and his friends were delighted with Marshall's
efforts, but from the final vote on the resolution to uphold
the state's senators for their action it was clear that reverence
for Washington was melting rapidly. By a vote of 100 to 50
the Executive was chastised. Federalists held to the belief
that Washington's character was still their best weapon and
succeeded in having an amendment adopted acquitting the
President of "evil intention" in signing the British treaty. 9
Public feeling might still be aroused against the Republicans
7
Jones to Madison, November 22, 1795, ibid.
8
Marshall to Hamilton, April 25, 1796, Hamilton, Works (Lodge ed.),
VI, 109; T . M. Randolph to Jefferson, November 22, 1795, Jefferson, Writ-
ings (Ford ed.), VIII, 198.
9
Jones to Madison, November 22, 1795, Madison Papers, L C .
*4 The Presidency of John Adams

provided Washington's name became the outstanding issue


in the treaty question. In the South this was their only chance,
and they clung to it.
Jefferson received the news from Richmond with slightly
mixed emotions. T h e tactics of the Federalists were plain
to him and might prove embarrassing, but he welcomed the
opportunity of opening the question of public participation
in the treaty-making process. Marshall's acknowledged tal-
ents were causing some embarrassment to "the Republican
Party," he commented in writing to Madison, but at least
he was out in the open. " H e has hitherto been able to do
more mischief acting under the mask of republicanism than
he will be able to do after throwing it off so plainly. His lax,
lounging manners have made him popular with the bulk
of the people of Richmond." 1 0
N o t only did the Virginia Republicans reopen the agoniz-
ing treaty question just as it seemed to expire, but they also
arose in open rebellion against Washington's leadership.
Three weeks after grudgingly acquitting the President of
malicious use of his office, the House of Delegates adopted
four resolutions that were immediately dispatched to the
legislatures of the other states. It was proposed that constitu-
tional amendments be adopted which would ensure that no
treaty "containing any stipulations upon the subject of the
powers invested in Congress . . ." become law until approved
b y a majority of the House of Representatives, that a tri-
bunal other than the Senate be set up for impeachment, that
the term of Senators be cut to three years, and that no per-
son holding office as a Federal judge be eligible for any
other Federal appointment. 11
There was no doubt that the Virginia resolves would fail
to reach the goal of adoption as amendments, but it is equally
clear that the avowed purpose of their passage was not the
10
November 26, 1795, Jefferson Papers, LC.
11
Maryland Gazette (Annapolis), December 31, 1795.
Bright Hopes for Mr. Jefferson 25
true one. Neither two thirds of the state legislatures nor two
thirds of the two houses of the Federal legislature could have
been expected to accept these radical proposals. Outside the
South the Federalist party was too powerful, and only a com-
plete sweep of the elections of 1796 would have changed the
complexion of the national legislature sufficiently to realize
the Virginia program. In giving their grievances against the
administration a national review the Republicans hoped to
stir the people to wrath in time to support the promised at-
tack against the treaty in the House of Representatives and
successfully to launch the presidential campaign. Having
begun the attack the Virginians rested, leaving to Madison
and his friends in Philadelphia the final responsibility for the
result. The next move depended upon the state Republican
organizations.
The first reaction was disheartening. Without waiting for
the amendment resolutions to be placed before the legislature,
the Maryland Federalists hit back. "Observing with deep
concern a series of efforts by indirect insinuations or open
invective to detach from the first magistrate of the union,
the well earned confidence of his fellow citizens," read a res-
olution adopted at Annapolis on November 25, "the Legis-
lature of Maryland do hereby declare their unabated re-
liance on the integrity, judgement, and patriotism of the
President of the United States." Washington's old friend
Governor Howard lost no time in mailing the declaration to
Philadelphia.12
So great was the hostility felt in Maryland for the Vir-
ginia program that the Republicans made no attempt to
bring the proposed amendments officially to the attention of
the legislature. When they were introduced it was by Fed-
eralist leaders who held back for more than six months until
the canvassing for presidential electors had begun. In the
u
John E. Howard to Washington, December 2j, 179J, Washington,
Writings, X X X I V , 380.
26 The Presidency of John Adams
midst of the campaign, a committee of both houses headed
by the venerable Charles Carroll, signer of the Declaration
of Independence, sent in a damning report on Virginia the-
ories of government.
It was resolved that the first and third resolutions would
"endanger the liberty of the people" by granting "too great
a preponderancy to the House of Representatives." The sec-
ond and fourth were simply "inexpedient as not being war-
ranted" from the present organization of the Federal
government. The report of the Carroll committee was
overwhelmingly endorsed by both houses.13
Massachusetts promised to deal more kindly with its power-
ful sister state to the south. At Boston on January 19 Gover-
nor Sam Adams drew attention to the amendment proposals
in his annual address to the legislature. While not mentioning
the source or openly sanctioning the proposals, the old
democrat's well-known radical leanings left little doubt
that his blessing went with his recommendation that the as-
semblymen earnestly consider the need for granting a voice
to the House of Representatives in the treaty process. Re-
publicans applauded lustily, but a high-ranking Federalist
believed that the Governor's speech had met with "almost
universal disgust." Washington's friends hoped to see Sam
Adams defeated for re-election on the basis of such fool-
hardiness.14 When the lower house returned its answer to
the Governor's address several days later the rejection of the
Virginia resolutions was clearly forecast.
"In every free republic it is of the highest importance that
the Legislature, Executive, and Judiciary powers be pre-
served as separate and independent of each other," read a
reply that John Adams himself might have framed. " T h e
business of making treaties being expressly delegated to the
13
K. M. Rowland, Charles Carroll (New York and London 1898), II, 212.
14
Christopher Gore to Rufus King, January 21, 1796, King Papers, New
York Historical Society, Box 6, No. 60.
Bright Hopes for Mr. Jefferson 27
federal government by the Constitution of the United States,
we consider a respectful submission on the part of the people
to be the surest means of enjoying and perpetuating the in-
valuable blessings of our free republican government." 1 5
The best that Bay State Republicans could do for their
cause was to have the Virginia resolutions tabled for pos-
sible review later, a suggestion put forth by Boston's Dr.
Jarvis after the Assembly had soundly defeated the motion
to debate the proposals in committee of the whole. 18
The editor of a Connecticut newspaper, taking his cue
from Hamilton, who was then producing his "Camillus" let-
ters in defense of the J a y treaty, made certain that his readers
were aware of the ultimate issues in the Republican pro-
gram. He was certain that the treaty itself was but a smoke
screen behind which they might maneuver Americans into
accepting hated French political doctrines. "Much has been
said on the subject of gratitude to France for their aid in
the late Revolution," wrote the editor of the N e w London
Connecticut Gazette, and quoting a passage from one of Ver-
gennes' letters that Hamilton had lifted from State Depart-
ment files he concluded, "That France was useful to us is
certain: but it is equally certain that the interest of America
never entered into their views." 17
In New England, as in other sections of the country, the
J a y treaty, the French Revolution, and the appeal of the Vir-
ginians on behalf of the House of Representatives were
bound up in one all-embracing political issue. For the mo-
ment it suited the purposes of N e w England Federalists to
seek shelter behind the imposing figure of Washington. T h e
entire Southern program, they maintained, was simply an
attempt to undermine the President's reputation for honesty.

15
Connecticut Gazette, February 4, 1796.
16
Gore to King, January 21, 1796, op. cit.
17
Connecticut Gazette, op. cit.
28 The Presidency of John Adams

The Virginia resolves, including that commending her sen-


ators, were uncalled-for stabs in the back.
Connecticut acted as expected. Governor Oliver Wolcott's
party, firmly buttressed by the Congregationalist clergy and
seaboard merchant interests, held the state's offices in an iron
grip throughout the 1790's and had no hesitancy in con-
demning political imports from Virginia. Rhode Island had
likewise had little experience with two-party government
prior to 1796, and on the fourth of February fell in line with
her larger neighbor by voting a resolution in the legislature
upholding the President and the administration's policy to-
ward Great Britain. 18
Vermont and N e w Hampshire produced enough political
opposition to Federalist policies during Washington's second
term to suggest the emergence of a strong opposition faction,
but in both states the Republican amendment resolutions
were defeated. N e w Hampshire Federalists turned their nega-
tive vote sharply back upon the Southerners by charging that
the state of Virginia was attempting to "subvert the constitu-
tion." Except for the fact that the charge had become a
familiar one by 1796, the accusation was serious and showed
how little respect among politicians the Republican party
had won in the far North. 19
In the three Middle Atlantic states of N e w York, N e w
Jersey, and Pennsylvania, Federalist-controlled legislatures
debated the Virginia amendment platform and condemned it.
The assemblymen of both N e w York and New Jersey
staunchly reaffirmed their faith in Washington, 20 but in
Pennsylvania, where the new Republican party organiza-
tion was strong enough to prevent Federalists from unseating
Thomas Mifflin, the commonwealth's fence-sitting governor,
Republican leaders found basis for optimism.

18
Independent Chronicle (Boston), February 8, 1796.
"Madison to Edmund Pendleton, February 7, 1796, Madison Papers, LC.
20
Independent Chronicle, February 8, 1796.
Bright Hopes for Mr. Jefferson 29
The Federal government had stirred up special attention
in Pennsylvania, not only because politics was one of the
primary occupations of its metropolis, but also because the
recent W hiskey Rebellion had become an important symbol
of local opposition to Federal legislation. The upper house
was controlled by eastern members of the administration
party and passed a resolution declaring "unshaken confi-
dence" in Washington; but in the lower chamber a long de-
bate over the Virginia amendment proposals ensued, ending
in a Federalist victory by the margin of 45 to 30. The out-
come showed considerable Republican strength in view of
the radical nature of the matter under discussion.21
In the Republican heartland below the Potomac, South
Carolina was the state to watch, as neither party could claim
control of the political machinery. Charleston, which dom-
inated the political and economic life of the state, had been
up in arms over the J a y treaty. Jay's failure to guarantee
compensation for the hundreds of slaves seized by British
forces during the Revolution was met with universal anger
by the slave-owning aristocracy of South Carolina. Even
the powerful Rutledge family had gone over to the antitreaty
forccs, and a few months later found the family patriarch,
John Rutledge, turned down for the Chief Justiceship by a
vindicative Federalist majority in the Senate.22 Senator Pierce
Butler of South Carolina was a leading light of the Repub-
lican forces in Philadelphia, and even Charles Cotesworth
Pinckney, stanch defender of sound government that he was,
had found few words with which to defend the administra-
tion's acceptance of the treaty. With the balance of party
sympathies so even, South Carolina had become a political
question mark by 1796.
A t the beginning of December a motion requesting South
Carolina's Representatives in Congress to vote against appro-
21
Aurora (Philadelphia), February 26, 1796; Hamilton, Republic, VI, 327.
22
Jefferson to William B. Giles, December 31, 1795, Jefferson Papers, LC.
30 The Presidency of John Adams
priations for the treaty and declaring that the President and
Senate had "mistaken their constitutional powers" in ratify-
ing it was introduced in the legislature.
"Gracious heaven," cried one agitated assemblyman, "is
this the return which you are about to make to a man who
has dedicated his whole life to your service?" Reminders of
Washington's revolutionary services were of little avail, how-
ever, and by a vote of 9 to 69 the lower house stamped the
treaty as "injurious to the general interests of the United
States." On the essential point, that of carrying the treaty
into effect, South Carolina lined up squarely with Virginia.
T h e legislature instructed its Congressmen to refuse their
votes for appropriation, although the majority on this point
fell from 60 to 8 votes. 23 Here Virginia scored a tremendous
victory, and in Kentucky and Georgia the entire amendment
platform was adopted along with recommendations that the
House blockade the treaty. 24

T h e fate of the Virginia resolutions of 1795 at the hands


of state legislatures across the nation demonstrated that in
the final analysis, the J a y treaty had failed to cut the sectional
line in politics. T o Madison's friend Joseph Jones, the man
with whom the plan of circulating the resolves in advance
of House debate seems to have originated, the outcome was
a bewildering disappointment. It was not the failure of the
amendment resolutions^to gain acceptance that the Virginia
Republican found most distressing. This had been anticipated.
It was, as he put it to Madison, that Virginia seemed to stand
almost alone in its determination to fight administration
measures and the philosophy of government that stood be-
hind them. T h e outcome, he concluded, made Madison's
chances of controlling the House of Representatives appear
slim indeed.
23
Aurora, January i, 1796.
24
Hamilton, Republic, VI, 338-339.
Bright Hopes for Mr. Jefferson 31
In Jones's analysis of the failure two factors weighed most
heavily, two that promised little hope for the spring session
of Congress. The first was the strength of Federalism in
Massachusetts, whose representation in Congress was equal in
number to that of Georgia, Kentucky, and South Carolina
combined. The second block to Republican success was the
steadiness of Washington's popularity, undiminished by the
general aversion to the British treaty. Jones pointed out that
the President was taking every opportunity that presented
itself to further that popularity. His recent speech in praise
of the French for their revolutionary aid seemed a case in
point. This address, commented Madison's friend, "has had
its weight with many who doubted his attachment to France
. . . and was well calculated to make impressions with those
who do not examine conduct and facts." 25
Madison was forced to agree on both points. "The name
of the President is everywhere used with the most wonderful
success by the treaty partisans," he admitted to Edmund
Pendleton. Nowhere had the appeal on Washington's behalf
met with greater success than in N e w England, "as is shown
by the proceedings of the legislatures of N e w Hampshire
and Massachusetts. The manner in which the latter has
treated the proposed amendments of Virginia is as unworthy
on the part of Massachusetts as it is unmerited on that of her
sister." While the President allowed tensions to mount in
Congress by withholding the treaty—on the pretext of wait-
ing for the original copy from England—Madison found his
colleagues beginning to hesitate. Time, he admitted, was
working against Republican chances.20

Federalist politicians viewed the maneuvering of their Vir-


ginia rivals with scorn and were quick to conclude that Jeffer-
son's presidential hopes lay behind the façade of Constitu-
25
Jones to Madison, February 17, 1796, Madison Papers, LC.
28
Madison to Edmund Pendleton, February 17, 1796, ibid.
32 The Presidency of John Adams
tional reform. "Is it not manifest that the violence of this
storm springs from the anticipation of the Election of the
Presidency," asked Fisher Ames when the first rumors of the
scheme reached him. How industriously the Virginians in
Congress had taken up Senator Langdon of New Hampshire,
the only New England Senator to vote against ratification
of the treaty; and what could their sudden intimacy with
anti-Federalists from New York and Massachusetts point to
except bargaining for electoral votes? Nothing could be
clearer, he confided to his friend Thomas Dwight, than that
the followers of Sam Adams and George Clinton were being
lined up for Mr. Jefferson. "These little whirlwinds of dry
leaves and dirt portend a hurricane." 27
By late fall Ames had concluded that nothing less than the
impeachment of the President was the goal. A month before
the Virginia resolves were adopted Ames was making a care-
ful count of the number of antitreaty men returning for
the Fourth Congress in anticipation of a Republican attempt
to block the treaty's execution. His estimate convinced him
that the "anti's" would have a safe majority with which to
work but that the impeachment attempt would probably fail.
There seemed no doubt to Ames that the radicals would try,
nevertheless.28
Fearing the worst, Federalists were quick to counteract the
effects of the Richmond platform. Edward Carrington re-
ported in December that petitions were already circulating
in protest against the assembly's resolutions.29 The President
was able to help his own cause without seeming to meddle
in politics by smiling benevolently upon France and by saying
nothing about treaties. William Giles, Madison's right-hand
man in the House, was forced to admit that Washington had
successfully parried the first thrust. In summarizing the news
27
Ames to Dwight, August 24, 1795, Ames, Works, I, 172.
28
Ames to Dwight, November 18; Dec. 10, 1795, ibid., 178-180.
29
Carrington to Washington, December 6, 1795, Beveridge, Marshall, II,
142.
Bright Hopes for Mr. Jefferson 33
for Jefferson, Giles complained that Washington had thrown
the antitreaty forces completely off balance by adopting a
cordial and conciliatory tone with reference to France in his
message to Congress of December 7. As far as the President
was concerned, the treaty was of absolutely no interest any
longer—at least not to Congressmen. In not mentioning the
British treaty, wrote Giles, Washington had left the initiative
in the matter squarely up to his enemies in the House. Should
the attempt be made to prevent the passing of appropriations,
the resulting quarrel or war with England would be blamed
solely on the Republicans. Giles was beginning to doubt
whether the "patriotism" of the House was strong enough
to brook the influence of the President and Senate combined.
In the face of his own party's growing irresolution, Giles
noted the solidarity of eastern Federalists, who had never
seemed more united. 30
While waiting f o r the Republican attack in the House,
some Federalists were busily circulating tales of French
intrigue and Republican treason. Edmund Randolph's diplo-
matic indiscretions were resurrected and the charges of corrup-
tion against him were repeated. Even Madison was feeling
uncomfortable about the program he had helped to f o r -
mulate. " A n appeal to the popular feeling for the President,
and the bugbear of w a r , " he explained to his impatient friend
Monroe, were being used over and over again to arouse hostile
feelings against the Republicans. Perhaps the combination
would be too strong to overcome. 31 Minister to France James
Monroe wondered w h y republicanism at home seemed so
hesitant in the face of legislative risks while French repub-
licans stormed the fortresses of Europe.
Meanwhile Washington kept the treaty on his desk, and
the recent threats of political war were turning into whis-

30
December 9, 1795, Jefferson Papers, LC.
" G i l e s to Jefferson, December 20, 1795, ibid.; Madison to Monroe, De-
cember 20, 1795, Madison, Writings (Hunt ed.), VI, 260.
34 The Presidency of John Adams
pered rumors as the House set itself in order for business.
Jonathan Dayton of N e w Jersey, a political neutral, was
chosen Speaker, and Republican handy man John Beckley
re-elected Clerk. 32 What had happened to the bravado? Re-
publicans said as little about the treaty in framing their reply
to the President's message as he himself had said. T h e y con-
tented themselves for the time being with striking out the
words "unequalled prosperity" in describing the nation's
economic condition under Washington's administration. The
only sign of Mr. Ames's hurricane was a Virginia Congress-
man's quip that "a late transaction" had diminished his con-
fidence in the President somewhat. 33
Bills on snuff manufacture, tariffs, and penal codes were
introduced, and on January 4 Giles submitted a resolution
commending Washington's friendly N e w Year's Day address
to the French Minister. Not to be outdone, a Federalist sec-
onded the motion and asked that one thousand copies of this
address be printed at public expense. The latter suggestion
was passed over, but the commendation easily passed.34
January and February wore on, debates in Congress being
as uninspiring as the weather. Routine matters seemed to ab-
sorb the politicians and lawmakers. "Where is the treaty?"
asked the editor of the N e w York Argus, a violent Repub-
lican sheet. "Perhaps Camillus [Hamilton] wished the Pres-
ident to wait until he has gone through the question of con-
stitutionality, not being willing to trust his party with the
discussion of this point," was the rhetorical answer.36 Re-
publican anger against Washington mounted steadily as Feb-
ruary passed and no treaty was transmitted to the House.
Finally on February 22 resentment burst out in an unprece-
dented refusal to recess in order to pay respects to the hero
of the Revolution on his birthday. Only eighteen anti-Wash-
82
Annals, 4th Congress, 1st Session, 125-ijo.
33
Josiah Parker, December 17, 1795, ibid., 144.
34
Theodore Sedgwick of Massachusetts, January 4, 1796, ibidn 199.
35
Argus, January 7, 1796.
Bright Hopes for Mr. Jefferson 35

ingtonians had ever voted against it before, but in 1796 the


Federalist Congressmen walked out, leaving fifty men to
gloat. 38 French Minister Adet described the Republicans as
"jubilant" over the affair, but he was less pleased over the
inactivity of "nos amis" in a report to his foreign office. H e
regarded the country as listless toward the cause of France,
and the antitreaty party lacking in both sense and vigor. In
Adet's opinion, the Republicans seemed far too willing to
allow public opinion to decide matters without giving that
opinion any direction. This was precisely what Washington
was hoping for, he concluded. 31
T h e cause of M. Adet's criticism was the hesitancy of
James Madison and his partisans, and there was good reason
f o r it. T h e truth was that a serious split had developed within
Republican ranks over the question of opening the debate
without further provocation from the Executive. On the one
hand, there could be no turning back: the publicity that the
Virginia resolutions of November and December had given
to the antitreaty fight made dropping it far too awkward,
and Federalists would not be slow to publicize the retreat.
It would be said, and justly so, that Washington had fright-
ened them into dropping the matter, for the response to the
Richmond platform had made it clear that Washington's pop-
ularity was the main obstacle to be overcome. On the other
hand, it seemed foolhardy to launch an attack without agree-
ment as to the tactics to be used in carrying it out. Extrem-
ists, including Jefferson, wished to attack the Constitution
itself and to give the popular branch of the Legislature a
voice in the treaty-making process. Moderates wished to at-
tack only the expediency of the treaty. Politically consid-
ered, one faction thought much was to be gained by attack-
M
Madison to Jefferson, February 29, 1796, Madison Papers, LC.
37
Pierre A. Adet to the French Foreign Minister, February 23, 1796,
F. J. Turner, ed., "Correspondence of French Ministers to the U.S., 1791-
1797," American Historical Association, Report, 1913, II (Washington,
1904).
36 The Presidency of John Adams
ing Washington, while the other thought the President's name
best left out of the debate. These questions plagued Madison
and Giles through eight indecisive weeks.
T h e idea of using a congressional debate to touch off the
election campaign of 1796 probably occurred to a score of
Republican politicians almost simultaneously. Madison and
his friend Joseph Jones were the first to co-ordinate action
on the state and Federal levels, but the plan to upset the Fed-
eralists in the election of 1796 by pushing the treaty question
to its furthest extremes can be credited to one of the second-
ary figures in the Republican party, John Beckley, Clerk of
the House.
During the fall and early winter of 1795 Beckley had vigor-
ously expounded his radical viewpoint to his party colleagues
at Philadelphia. Some, including Governor Mifflin's advisor,
Alexander Dallas, considered attacking both the President
and the Constitution far too risky. Within the Republican or-
ganization of Pennsylvania a disruptive struggle ensued, end-
ing in Beckley's triumph. Both men had been active leaders
in local politics, and both had become outspoken in denounc-
ing the treaty in 1795. Dallas had been mysteriously con-
nected with Fauchet, the former French Minister whose pub-
lished correspondence had led to the downfall of Secretary
of State Randolph. Some persons blamed Dallas for the im-
plication of Randolph in the Whiskey Rebellion. Beckley
was involved in just as sensational a scandal, the Hamilton-
Mrs. Reynolds affair, which was to break into print in 1797.
For several years this insignificant clerk had acted as a trusted
lieutenant of the Virginia triumvirate of Jefferson, Madison,
and Monroe. 38
38
See Philip M. Marsh, "John Beckley, Mystery Man of the Jeffersonian
Republicans, Pennsylvania Magazine of History and Biography, January,
1948, 54-69. Valuable material concerning Beckley's early career, as well as
that of his Federalist counterpart, Edward Carrington of Virginia, is to
be found in the Madison Papers, New York Public Library. Both the
Madison Papers and Jefferson Papers, LC, contain many of Beckley's letters
and political reports of the 1790's. His part in directing the Republican
Bright Hopes for Mr. Jefferson 37
So serious was the split between the Beckley and Dallas
factions that Dallas was finally driven into political exile and
took no part in the election of 1796. 30 Beckley condemned
him as a political "trimmer" or turncoat, and with all the self-
assurance of a successful boss, Beckley took charge just as
the much heralded Republican attack seemed to stop in its
tracks. Direction of party tactics temporarily fell from Mad-
ison's hands into those of the Republican radicals.
A s Lord Grenville digested the information that his diplo-
matic agents sent from America, he was led to caution Brit-
ish military commanders against surrendering the northwest-
ern frontier posts prematurely. T h e treaty lately concluded
between the United States and Great Britain commits His
Majesty's government to the surrender of the disputed fron-
tier outposts, he wrote. Before the actual transfer, however,
it seemed advisable to make certain that the American gov-
ernment had fulfilled its part of the bargain. "Interesting as
this consideration would have been at all times it is rendered
peculiarly so at the present moment. . . from the most recent
information received from America, there is but too much
reason to apprehend that a considerable party exists in the
House of Representatives of the United States, which is de-
sirous of disclaiming the validity and binding force of the
late treaty." 40
In the event that Britain refused to surrender the posts on
the first of June, many believed that war would ensue, a w a r
that would destroy all that Federalist policy-makers had
built in seven years. Washington's neutrality policy would be
nothing more than a national joke. Y o u n g John Quincy
campaign in Pennsylvania in 1796 can be traced from the Gallatin Papers,
New York Historical Society and the Irvine Papers, Historical Society of
Pennsylvania.
39
Raymond Walters, Jr., Alexander J. Dallas (University of Pennsylvania
Press, 1943), 73.
40
Grenville to Phineas Bond, January 18, 1796, "Instructions to the British
Ministers to the U.S., 1791-1812," American Historical Association, Report,
1936, III (Washington, 1941), 107.
3« The Presidency of John Adams
Adams, who read the dispatches from home with increasing
anxiety, correctly estimated what line Grenville would adopt.
The Republicans, he wrote in his London diary, were calcu-
lating on Britain's refusal as the only foolproof method of
winning overwhelming public favor in the ensuing presi-
dential election.41 Certain it was that they could force such
an issue, and men who viewed life as the younger Adams
did were convinced that the American Jacobins were that
satanical.
41
John Quincy Adams, Memoirs of John Qumcy Adams, C. F. Adams,
ed., 12 vols. (Philadelphia, 1874-77), I> 483-
Another random document with
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the next assizes, found guilty, and condemned to be hanged. The
jury, however, had strongly recommended him to mercy owing to his
hitherto spotless reputation, and to the many services he had
rendered his country during the last Boer War. A monster petition
was sent up to the Home Office, and the sentence was commuted to
twenty years’ penal servitude.
That same year, Lady Molly applied for, and obtained, a small post
on the detective staff of the police. From that small post she has
worked her way upwards, analysing and studying, exercising her
powers of intuition and of deduction, until at the present moment she
is considered, by chiefs and men alike, the greatest authority among
them on criminal investigation.
The Earl of Flintshire died some three years ago. Kirk Hall
devolved on a distant cousin, but Lady Molly has kept a small home
at Kirk ready for her husband when he comes back from Dartmoor.
The task of her life is to apply her gifts, and the obvious
advantages at her disposal as a prominent member of the detective
force, to prove the innocence of Captain Hubert de Mazareen, which
she never doubted for a moment.
But it was sublime, and at the same time deeply pathetic, to see
the frantic efforts at self-sacrifice which these two noble-hearted
young people made for one another’s sake.
Directly Captain Hubert realised that, so far as proving his
innocence was concerned, he was a lost man, he used every effort
to release Lady Molly from the bonds of matrimony. The marriage
had been, and was still, kept a profound secret. He determined to
plead guilty to murder at his trial, and then to make a declaration that
he had entrapped Lady Molly into a marriage, knowing at the time
that a warrant was out for his arrest, and hoping, by his connection
with the Earl of Flintshire, to obtain a certain amount of leniency.
When he was sufficiently convinced that such a course was out of
the question, he begged Lady Molly to bring a nullity suit against
him. He would not defend it. He only wished to set her free.
But the love she bore him triumphed over all. They did keep their
marriage a secret, but she remained faithful to him in every thought
and feeling within her, and loyal to him with her whole soul. Only I—
once her maid, now her devoted friend—knew what she suffered,
even whilst she threw herself heart and mind into her work.
We lived mostly in our little flat in Maida Vale, but spent some
delightful days of freedom and peace in the little house at Kirk. Hither
—in spite of the terrible memories the place evoked—Lady Molly
loved to spend her time in wandering over the ground where that
mysterious crime had been committed which had doomed an
innocent man to the life of a convict.
“That mystery has got to be cleared up, Mary,” she would repeat to
me with unswerving loyalty, “and cleared up soon, before Captain de
Mazareen loses all joy in life and all belief in me.”
5

I suspect you will be interested to hear something about Appledore


Castle and about Mr. Philip Baddock, who had been so near getting
an immense fortune, yet had it snatched from him before his very
eyes.
As Sir Jeremiah Baddock never signed the will of 1904, Captain
de Mazareen’s solicitors, on his behalf, sought to obtain probate of
the former one, dated 1902. In view of the terrible circumstances
connected with the proposed last testamentary dispositions of the
deceased, Mr. Philip Baddock was advised to fight that suit.
It seems that he really was the son of Sir Jeremiah by the latter’s
second marriage with Mlle. Desty, but the old gentleman, with
heartless vengefulness, had practically repudiated the boy from the
first, and absolutely refused to have anything to do with him beyond
paying for his maintenance and education, and afterwards making
him a goodly allowance on the express condition that Philip—soon to
become a young man—never set his foot on English soil.
The condition was strictly complied with. Philip Baddock was born
abroad, and lived abroad until 1903, when he suddenly appeared at
Appledore Castle. Whether Sir Jeremiah, in a fit of tardy repentance,
had sent for him, or whether he risked coming of his own accord, no
one ever knew.
Captain de Mazareen was not, until that same year 1903, aware of
the existence of Philip Baddock any more than was anybody else,
and he spent his last days of freedom in stating positively that he
would not accept the terms of the will of 1902, but would agree to Sir
Jeremiah’s fortune being divided up as it would have been if the old
gentleman had died intestate. Thus Philip Baddock, the son, and
Hubert de Mazareen, the grandson, received an equal share of Sir
Jeremiah’s immense wealth, estimated at close upon £2,000,000
sterling.
Appledore was put up for sale and bought in by Mr. Philip
Baddock, who took up his residence there and gradually gained for
himself a position in the county as one of the most wealthy magnates
in the north of England. Thus he became acquainted with the
present Lord Flintshire, and, later on, met my dear lady. She neither
sought nor avoided his acquaintance, and even went once to a
dinner party at Appledore Castle.
That was lately, on the occasion of our last stay at Kirk. I had gone
up to the Castle in the brougham so that I might accompany Lady
Molly home, and had been shown into the library, whither my dear
lady came in order to put on her cloak.
While she was doing so Mr. Philip Baddock came in. He had a
newspaper in his hand and seemed greatly agitated.
“Such extraordinary news, Lady Molly,” he said, pointing to a
head-line in the paper. “You know, of course, that the other day a
convict succeeded in effecting his escape from Dartmoor?”
“Yes, I knew that,” said my dear lady, quietly.
“Well, I have reason to—to suppose,” continued Mr. Baddock, “that
that convict was none other than my unfortunate nephew, De
Mazareen.”
“Yes?” rejoined Lady Molly, whose perfect calm and serene
expression of face contrasted strangely with the obvious agitation of
Philip Baddock.
“Heaven knows that he tried to do me an evil turn,” rejoined the
latter after a while; “but of course I bear him no grudge, now that the
law has given me that which he tried to wrench from me—a just
share of my father’s possessions. Since he has thrown himself on
my mercy——”
“Thrown himself on your mercy!” ejaculated my dear lady, whose
face had become almost grey with a sudden fear. “What do you
mean?”
“De Mazareen is in my house at the present moment,” replied Mr.
Baddock, quietly.
“Here?”
“Yes. It seems that he tramped here. I am afraid that his object
was to try and see you. He wants money, of course. I happened to
be out in the woods this afternoon, and saw him.
“No, no!” added Philip Baddock quickly, in response to an
instinctive gasp of pain from Lady Molly; “you need not have the
slightest fear. My nephew is as safe with me as he would be in your
own house. I brought him here, for he was exhausted with fatigue
and want of food. None of my servants know of his presence in the
house except Felkin, whom I can trust. By to-morrow he will have
rested. … We’ll make a start in the very early morning in my car;
we’ll get to Liverpool before midday. De Mazareen shall wear
Felkin’s clothes—no one will know him. One of the Baddock
steamers is leaving for Buenos Ayres the same afternoon, and I can
arrange with the captain. You need not have the slightest fear,” he
repeated, with simple yet earnest emphasis; “I pledge you my word
that De Mazareen will be safe.”
“I should like to thank you,” she murmured.
“Please don’t,” he rejoined with a sad smile. “It is a great
happiness to me to be able to do this. … I know that you—you cared
for him at one time. … I wish you had known and trusted me in those
days—but I am glad of this opportunity which enables me to tell you
that, even had my father signed his last will and testament, I should
have shared his fortune with De Mazareen. The man whom you
honoured with your love need never have resorted to crime in order
to gain a fortune.”
Philip Baddock paused. His eyes were fixed on Lady Molly with
unmistakable love and an appeal for sympathy. I had no idea that he
cared for her—nor had she, I am quite sure. Her heart belonged
solely to the poor, fugitive convict, but she could not fail, I thought, to
be touched by the other man’s obvious sincerity and earnestness.
There was silence in the room for a few moments. Only the old
clock in its Sheraton case ticked on in solemn imperturbability.
Lady Molly turned her luminous eyes on the man who had just
made so simple, so touching a profession of love. Was she about to
tell him that she was no longer free, that she bore the name of the
man whom the law had ostracised and pronounced a criminal—who
had even now, by this daring attempt at escape, added a few years
to his already long term of punishment and another load to his
burden of shame?
“Do you think,” she asked quietly, “that I might speak to Captain de
Mazareen for a few moments without endangering his safety?”
Mr. Baddock did not reply immediately. He seemed to be
pondering over the request. Then he said:
“I will see that everything is safe. I don’t think there need be any
danger.”
He went out of the room, and my dear lady and I were left alone
for a minute or two. She was so calm and serene that I marvelled at
her self-control, and wondered what was going on in her mind.
“Mary,” she said to me, speaking very quickly, for already we could
hear two men’s footsteps approaching the library door, “you must
station yourself just outside the front door; you understand? If you
see or hear anything suspicious come and warn me at once.”
I made ready to obey, and the next moment the door opened and
Mr. Philip Baddock entered, accompanied by Captain Hubert.
I smothered the involuntary sob which rose to my throat at sight of
the man who had once been the most gallant, the handsomest
soldier I had ever seen. I had only just time to notice that Mr.
Baddock prepared to leave the room again immediately. At the door
he turned back and said to Lady Molly:
“Felkin has gone down to the lodge. If he hears or sees anything
that seems suspicious he will ring up on the telephone;” and he
pointed to the apparatus which stood on the library table in the
centre of the room.
After that he closed the door, and I was left to imagine the
moments of joy, mingled with acute anguish, which my dear lady
would be living through.
I walked up and down restlessly on the terrace which fronts the
Castle. The house itself appeared silent and dark: I presume all the
servants had gone to bed. Far away on my right I caught the glimmer
of a light. It came from the lodge where Felkin was watching. From
the church in Appledore village came the sound of the clock striking
the hour of midnight.
How long I had been on the watch I cannot say, when suddenly I
was aware of a man’s figure running rapidly along the drive towards
the house. The next moment the figure had skirted the Castle,
apparently making for one of the back doors.
I did not hesitate a moment. Having left the big front door on the
latch, I ran straight in and made for the library door.
Already Mr. Philip Baddock had forestalled me. His hand was on
the latch. Without more ado he pushed open the door and I followed
him in.
Lady Molly was sitting on the sofa, with Captain Hubert beside her.
They both rose at our entrance.
“The police!” said Mr. Baddock, speaking very rapidly. “Felkin has
just run up from the lodge. He is getting the car ready. Pray God we
may yet be able to get away.”
Even as he spoke the front door bell sounded with a loud clang,
which to me had the sound of a death knell.
“It is too late, you see,” said my dear lady, quietly.
“No, not too late,” ejaculated Philip Baddock, in a rapid whisper.
“Quick! De Mazareen, follow me through the hall. Felkin is at the
stables getting the car ready. It will be some time before the servants
are roused.”
“Mary, I am sure, has failed to fasten the front door,” interrupted
Lady Molly, with the same strange calm. “I think the police are
already in the hall.”
There was no mistaking the muffled sound of feet treading the
thick Turkey carpet in the hall. The library had but one exit. Captain
Hubert was literally in a trap. But Mr. Baddock had not lost his
presence of mind.
“The police would never dream of searching my house,” he said;
“they will take my word that De Mazareen is not here. Here!” he
added, pointing to a tall Jacobean wardrobe which stood in an angle
of the room. “In there, man, and leave the rest to me!”
“I am afraid that such a proceeding would bring useless trouble
upon you, Mr. Baddock,” once more interposed Lady Molly; “the
police, if they do not at once find Captain de Mazareen, will surely
search the house.”
“Impossible! They would not dare!”
“Indeed they would. The police know that Captain de Mazareen is
here.”
“I swear they do not,” rejoined Mr. Baddock. “Felkin is no traitor,
and no one else——”
“It was I who gave information to the police,” said Lady Molly,
speaking loudly and clearly. “I called up the superintendent on the
telephone just now, and told him that his men would find the escaped
convict hiding at Appledore Castle.”
“You!” ejaculated Mr. Baddock, in a tone of surprise and horror, not
unmixed with a certain note of triumph. “You?”
“Yes!” she replied calmly. “I am of the police, you know. I had to do
my duty. Open the door, Mary,” she added, turning to me.
Captain Hubert had not spoken a word so far. Now, when the men,
led by Detective-Inspector Etty, entered the room, he walked with a
firm step towards them, held out his hands for the irons, and with a
final look at Lady Molly, in which love, trust, and hope were clearly
expressed, he passed out of the room and was soon lost to sight.
My dear lady waited until the heavy footfalls had died away; then
she turned with a pleasant smile to Mr. Philip Baddock:
“I thank you for your kind thoughts of me,” she said, “and for your
noble efforts on behalf of your nephew. My position was a difficult
one. I hope you will forgive the pain I have been obliged to bring
upon you.”
“I will do more than forgive, Lady Molly,” he said earnestly, “I will
venture to hope.”
He took her hand and kissed it. Then she beckoned to me and I
followed her into the hall.
Our brougham—a hired one—had been waiting in the stable-yard.
We drove home in silence; but half an hour later, when my dear lady
kissed me good night she whispered in my ear:
“And now, Mary, we’ll prove him innocent.”
XII.
THE END

One or two people knew that at one time Lady Molly Robertson-Kirk
had been engaged to Captain Hubert de Mazareen, who was now
convict No. 97, undergoing a life sentence for the murder of Mr.
Steadman, a solicitor of Carlisle, in the Elkhorn woods in April, 1904.
Few, on the other hand, knew of the secret marriage solemnised on
that never-to-be-forgotten afternoon, when all of us present in the
church, with the exception of the bridegroom himself, were fully
aware that proofs of guilt—deadly and irrefutable—were even then
being heaped up against the man to whom Lady Molly was plighting
her troth, for better or for worse, with her mental eyes wide open, her
unerring intuition keen to the fact that nothing but a miracle could
save the man she loved from an ignoble condemnation, perhaps
from the gallows.
The husband of my dear lady, the man whom she loved with all
the strength of her romantic and passionate nature, was duly tried
and convicted of murder. Condemned to be hanged, he was
reprieved, and his sentence commuted to penal servitude for life.
The question of Sir Jeremiah’s estate became a complicated one,
for his last will and testament was never signed, and the former one,
dated 1902, bequeathed everything he possessed unconditionally to
his beloved grandson Hubert.
After much legal argument, which it is useless to recapitulate here,
it was agreed between the parties, and ratified in court, that the
deceased gentleman’s vast wealth should be disposed of as if he
had died intestate. One half of it, therefore, went to Captain Hubert
de Mazareen, grandson, and the other half to Philip Baddock, the
son. The latter bought Appledore Castle and resided there, whilst his
nephew became No. 97 in Dartmoor Prison.
Captain Hubert had served two years of his sentence when he
made that daring and successful escape which caused so much
sensation at the time. He managed to reach Appledore, where he
was discovered by Mr. Philip Baddock, who gave him food and
shelter and got everything ready for the safe conveyance of his
unfortunate nephew to Liverpool and thence to a port of safety in
South America.
You remember how he was thwarted in this laudable attempt by
Lady Molly herself, who communicated with the police and gave up
convict No. 97 into the hands of the authorities once more.
Of course, public outcry was loud against my dear lady’s action.
Sense of duty was all very well, so people argued, but no one could
forget that at one time Captain Hubert de Mazareen and Lady Molly
Robertson-Kirk had actually been engaged to be married, and it
seemed positively monstrous for a woman to be so pitiless towards
the man whom she must at one time have loved.
You see how little people understood my dear lady’s motives.
Some went so far as to say that she had only contemplated marriage
with Captain Hubert de Mazareen because he was then,
presumably, the heir to Sir Jeremiah’s fortune; now—continued the
gossips—she was equally ready to marry Mr. Philip Baddock, who at
any rate was the happy possessor of one half of the deceased
gentleman’s wealth.
Certainly Lady Molly’s conduct at this time helped to foster this
idea. Finding that even the chief was inclined to give her the cold
shoulder, she shut up our flat in Maida Vale and took up her
residence at the little house which she owned in Kirk, and from the
windows of which she had a splendid view of stately Appledore
Castle nestling among the trees on the hillside.
I was with her, of course, and Mr. Philip Baddock was a frequent
visitor at the house. There could be no doubt that he admired her
greatly, and that she accepted his attentions with a fair amount of
graciousness. The county fought shy of her. Her former engagement
to Captain de Mazareen was well known, and her treachery to him—
so it was called—was severely censured.
Living almost in isolation in the village, her whole soul seemed
wrapped in thoughts of how to unravel the mystery of the death of
Mr. Steadman. Captain de Mazareen had sworn in his defence that
“ ‘Ask Philip Baddock if my threats are paltry’ ”

the solicitor, after starting to walk through the Elkhorn woods with
him, had feared that the tramp over rough ground would be too much
for him, and had almost immediately turned back in order to regain
the road. But the chauffeur, George Taylor, who was busy with the
broken-down car some two hundred yards up the road, never saw
Mr. Steadman again, whilst Captain de Mazareen arrived at the
gates of Appledore Castle alone. Here he was met by Mr. Philip
Baddock, who informed him that Sir Jeremiah had breathed his last
an hour before.
No one at the Castle recollected seeing a stick in Captain Hubert’s
hand when he arrived, whilst there were several witnesses who
swore that he carried one at Appledore Station when he started to
walk with her ladyship. The stick was found close to the body of the
solicitor; and the solicitor, when he met with his terrible death, had in
his pocket the draft of a will which meant disinheritance to Captain
de Mazareen.
Here was the awful problem which Lady Molly had to face and to
solve if she persisted in believing that the man whom she loved, and
whom she had married at the moment when she knew that proofs of
guilt were dead against him, was indeed innocent.
2

We had spent all the morning shopping in Carlisle, and in the


afternoon we called on Mr. Fuelling, of the firm of Fuelling, Steadman
and Co., solicitors.
Lady Molly had some business to arrange in connection with the
purchase of an additional bit of land to round off her little garden at
Kirk.
Mr. Fuelling was courteous, but distinctly stiff, in his manner
towards the lady who was “connected with the police,” more
especially when—her business being transacted—she seemed
inclined to tarry for a little while in the busy solicitor’s office, and to
lead conversation round to the subject of the murder of Mr.
Steadman.
“Five years have gone by since then,” said Mr. Fuelling, curtly, in
response to a remark from Lady Molly, “I prefer not to revive
unpleasant memories.”
“You, of course, believed Captain de Mazareen guilty?” retorted
my dear lady, imperturbably.
“There were circumstances——” rejoined the solicitor, “and—and,
of course, I hardly knew the unfortunate young man. Messrs.
Truscott and Truscott used to be the family solicitors.”
“Yes. It seemed curious that when Sir Jeremiah wished to make
his will he should have sent for you, rather than for his accustomed
lawyer,” mused Lady Molly.
“Sir Jeremiah did not send for me,” replied Mr. Fuelling, with some
acerbity, “he sent for my junior, Mr. Steadman.”
“Perhaps Mr. Steadman was a personal friend of his.”
“Not at all. Not at all. Mr. Steadman was a new arrival in Carlisle,
and had never seen Sir Jeremiah before the day when he was sent
for and, in a brief interview, drafted the will which, alas! proved to be
the primary cause of my unfortunate young partner’s death.”
“You cannot draft a will in a brief interview, Mr. Fuelling,” remarked
Lady Molly, lightly.
“Mr. Steadman did so,” retorted Mr. Fuelling, curtly. “Though Sir
Jeremiah’s mind was as clear as crystal, he was very feeble, and the
interview had to take place in a darkened room. That was the only
time my young partner saw Sir Jeremiah. Twenty-four hours later
they were both dead.”
“Oh!” commented my dear lady with sudden indifference. “Well! I
won’t detain you, Mr. Fuelling. Good afternoon.”
A few moments later, having parted from the worthy old solicitor,
we were out in the street once more.
“The darkened room is my first ray of light,” quoth Lady Molly to
me, with a smile at her own paradoxical remark.
When we reached home later that afternoon we were met at the
garden gate by Mr. Felkin, Mr. Philip Baddock’s friend and agent,
who lived with him at Appledore Castle.
Mr. Felkin was a curious personality; very taciturn in manner but a
man of considerable education. He was the son of a country parson,
and at the time of his father’s death he had been studying for the
medical profession. Finding himself unable to pursue his studies for
lack of means, and being left entirely destitute, he had been forced
to earn his living by taking up the less exalted calling of male nurse.
It seems that he had met Mr. Philip Baddock on the Continent some
years ago, and the two young men had somehow drifted into close
acquaintanceship. When the late Sir Jeremiah required a personal
nurse-attendant Mr. Philip Baddock sent for his friend and installed
him at Appledore Castle.
Here Mr. Felkin remained, even after the old gentleman’s death.
He was nominally called Mr. Baddock’s agent, but really did very little
work. He was very fond of shooting and of riding, and spent his life in
the pursuit of these sports, and he always had plenty of money to
spend.
But everyone voted him a disagreeable bear, and the only one
who ever succeeded in making him smile was Lady Molly, who
always showed an unaccountable liking for the uncouth creature.
Even now, when he extended a somewhat grimy hand and
murmured a clumsy apology at his intrusion, she greeted him with
warm effusiveness and insisted on his coming into the house.
We all turned to walk along the little drive, when Mr. Baddock’s car
came whizzing round the corner of the road from the village. He
pulled up at our gate, and the next moment had joined us in the
drive.
There was a very black look in his eyes, as they wandered
restlessly from my dear lady’s face to that of his friend. Lady Molly’s
little hand was even then resting on Mr. Felkin’s coat-sleeve; she had
been in the act of leading him herself towards the house, and did not
withdraw her hand when Mr. Baddock appeared upon the scene.
“Burton has just called about those estimates, Felkin,” said the
latter, somewhat roughly; “he is waiting at the Castle. You had better
take the car—I can walk home later on.”
“Oh! how disappointing!” exclaimed Lady Molly, with what looked
uncommonly like a pout. “I was going to have such a cosy chat with
Mr. Felkin—all about horses and dogs. Couldn’t you see that
tiresome Burton, Mr. Baddock?” she added ingenuously.
I don’t think that Mr. Baddock actually swore, but I am sure he was
very near doing so.
“Burton can wait,” said Mr. Felkin, curtly.
“No, he cannot,” retorted Philip Baddock, whose face was a
frowning mirror of uncontrolled jealousy; “take the car, Felkin, and go
at once.”
For a moment it seemed as if Felkin would refuse to obey. The two
men stood looking at each other, measuring one another’s power of
will and strength of passion. Hate and jealousy were clearly written in
each pair of glowering eyes. Philip Baddock looked defiant, and
Felkin taciturn and sulky.
Close to them stood my dear lady. Her beautiful eyes literally
glowed with triumph. That these two men loved her, each in his own
curious, uncontrolled way, I, her friend and confidant, knew very well.
I had seen, and often puzzled over, the feminine attacks which she
had made on the susceptibilities of that morose lout Felkin. It had
taken her nearly two years to bring him to her feet. During that time
she had alternately rendered him happy with her smiles and half
mad with her coquetries, whilst Philip Baddock’s love for her was
perpetually fanned by his ever-growing jealousy.
I remember that I often thought her game a cruel one. She was
one of those women whom few men could resist; if she really desired
to conquer she invariably succeeded, and her victory over Felkin
seemed to me as purposeless as it was unkind. After all, she was
the lawful wife of Captain de Mazareen, and to rouse hatred between
two friends for the sake of her love, when that love was not hers to
give, seemed unworthy of her. At this moment, when I could read
deadly hatred in the faces of these two men, her cooing laugh grated
unpleasantly on my ear.
“Never mind, Mr. Felkin,” she said, turning her luminous eyes on
him. “Since you have so hard a taskmaster, you must do your duty
now. But,” she added, throwing a strange, defiant look at Mr.
Baddock, “I shall be at home this evening; come and have our cosy
chat after dinner.”
She gave him her hand, and he took it with a certain clumsy
gallantry and raised it to his lips. I thought that Philip Baddock would
strike his friend with his open hand. The veins on his temples were
swollen like dark cords, and I don’t think that I ever saw such an evil
look in anyone’s eyes before.
Strangely enough, the moment Mr. Felkin’s back was turned my
dear lady seemed to set herself the task of soothing the violent
passions which she had wilfully aroused in the other man. She
invited him to come into the house, and, some ten minutes later, I
heard her singing to him. When, later on, I went into the boudoir to
join them at tea, she was sitting on the music stool whilst he half
bent over her, half knelt at her feet; her hands were clasped in her
lap, and his fingers were closed over hers.
He did not attempt to leave her side when he saw me entering the
room. In fact, he wore a triumphant air of possession, and paid her
those little attentions which only an accepted lover would dare to
offer.
He left soon after tea, and she accompanied him to the door. She
gave him her hand to kiss, and I, who stood at some little distance in
the shadow, thought that he would take her in his arms, so yielding
and gracious did she seem. But some look or gesture on her part
must have checked him, for he turned and walked quickly down the
drive.
Lady Molly stood in the doorway gazing out towards the sunset. I,
in my humble mind, wondered once again what was the purport of
this cruel game.
3

Half an hour later she called to me, asked for her hat, told me to put
on mine and to come out for a stroll.
As so often happened, she led the way towards the Elkhorn
woods, which in spite, or perhaps because, of the painful memories
they evoked, was a very favourite walk of hers.
As a rule the wood, especially that portion of it where the
unfortunate solicitor had been murdered, was deserted after sunset.
The villagers declared that Mr. Steadman’s ghost haunted the
clearing, and that the cry of the murdered man, as he was being
foully struck from behind, could be distinctly heard echoing through
the trees.
Needless to say, these superstitious fancies never disturbed Lady
Molly. She liked to wander over the ground where was committed
that mysterious crime which had sent to ignominy worse than death
the man she loved so passionately. It seemed as if she meant to
wrench its secret from the silent ground, from the leafy undergrowth,
from the furtive inhabitants of the glades.
The sun had gone down behind the hills; the wood was dark and
still. We strolled up as far as the first clearing, where a plain, granite
stone, put up by Mr. Philip Baddock, marked the spot where Mr.
Steadman had been murdered.
We sat down on it to rest. My dear lady’s mood was a silent one; I
did not dare to disturb it, and, for a while, only the gentle “hush—sh
—sh” of the leaves, stirred by the evening breeze, broke the
peaceful stillness of the glade.
Then we heard a murmur of voices, deep-toned and low. We could
not hear the words spoken, though we both strained our ears, and
presently Lady Molly arose and cautiously made her way among the
trees in the direction whence the voices came, I following as closely
as I could.
We had not gone far when we recognised the voices, and heard
the words that were said. I paused, distinctly frightened, whilst my
dear lady whispered a warning “Hush!”
Never in all my life had I heard so much hatred, such vengeful
malignity expressed in the intonation of the human voice as I did in
the half-dozen words which now struck my ear.
“You will give her up, or——”
It was Mr. Felkin who spoke. I recognised his raucous delivery, but
I could not distinguish either of the two men in the gloom.
“Or what?” queried the other, in a voice which trembled with either
rage or fear—perhaps with both.
“You will give her up,” repeated Felkin, sullenly. “I tell you that it is
an impossibility—do you understand?—an impossibility for me to
stand by and see her wedded to you, or to any other man for the
matter of that. But that is neither here nor there,” he added after a
slight pause. “It is with you I have to deal now. You shan’t have her—
you shan’t—I won’t allow it, even if I have to——”
He paused again. I cannot describe the extraordinary effect this
rough voice coming out of the darkness had upon my nerves. I had
edged up to Lady Molly, and had succeeded in getting hold of her
hand. It was like ice, and she herself was as rigid as that piece of
granite on which we had been sitting.
“You seem bubbling over with covert threats,” interposed Philip
Baddock, with what was obviously a sneer; “what are the extreme
measures to which you will resort if I do not give up the lady whom I
love with my whole heart, and who has honoured me to-day by
accepting my hand in marriage?”
“That is a lie!” ejaculated Felkin.
“What is a lie?” queried the other, quietly.
“She has not accepted you—and you know it. You are trying to
keep me away from her—arrogating rights which you do not
possess. Give her up, man, give her up. It will be best for you. She
will listen to me—I can win her all right—but you must stand aside for
me this time. Take the word of a desperate man for it, Baddock. It will
be best for you to give her up.”
Silence reigned in the wood for a few moments, and then we
heard Philip Baddock’s voice again, but he seemed to speak more
calmly, almost indifferently, as I thought.
“Are you going now?” he asked. “Won’t you come in to dinner?”
“No,” replied Felkin, “I don’t want any dinner, and I have an
appointment for afterwards.”
“Don’t let us part ill friends, Felkin,” continued Philip Baddock in
conciliatory tones. “Do you know that, personally, my feeling is that
no woman on earth is worth a serious quarrel between two old
friends, such as we have been.”
“I’m glad you think so,” rejoined the other drily. “S’long.”
The cracking of twigs on the moss-covered ground indicated that
the two men had parted and were going their several ways.
With infinite caution, and holding my hand tightly in hers, my dear
lady made her way along the narrow path which led us out of the
wood.
Once in the road we walked rapidly, and soon reached our garden
gate. Lady Molly had not spoken a word during all that time, and no
one knew better than I did how to respect her silence.
During dinner she tried to talk of indifferent subjects, and never
once alluded to the two men whom she had thus wilfully pitted one
against the other. That her calm was only on the surface, however, I
realised from the fact that every sound on the gravel path outside
caused her to start. She was, of course, expecting the visit of Mr.
Felkin.
At eight o’clock he came. It was obvious that he had spent the
past hour in wandering about in the woods. He looked untidy and
unkempt. My dear lady greeted him very coldly, and when he tried to
kiss her hand she withdrew it abruptly.
Our drawing-room was a double one, divided by portière curtains.
Lady Molly led the way into the front room, followed by Mr. Felkin.
Then she drew the curtains together, leaving me standing behind
them. I concluded that she wished me to stay there and to listen,
conscious of the fact that Felkin, in the agitated mood in which he
was, would be quite oblivious of my presence.
I almost pitied the poor man, for to me—the listener—it was at
once apparent that my dear lady had only bidden him come to-night
in order to torture him. For about a year she had been playing with
him as a cat does with a mouse; encouraging him at times with
sweet words and smiles, repelling him at others with coldness not

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