Table Of ContentA CRITICISM OF THE PUBLIC SPBAKEHG OF JGHH MARS MALL
PRIOR TO 1801
Gale Lee Richards
A dissertation submitted in partial fulfillment of
the requirements for the degree of Doctor of
Philosophy, In the Department of Speech
in the Graduate College of the
State University of Iowa
August 19030
ProQuest Number: 10902188
All rights reserved
INFORMATION TO ALL USERS
The quality of this reproduction is dependent upon the quality of the copy submitted.
In the unlikely event that the author did not send a complete manuscript
and there are missing pages, these will be noted. Also, if material had to be removed,
a note will indicate the deletion.
uest
ProQuest 10902188
Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author.
All rights reserved.
This work is protected against unauthorized copying under Title 17, United States Code
Microform Edition © ProQuest LLC.
ProQuest LLC.
789 East Eisenhower Parkway
P.O. Box 1346
Ann Arbor, Ml 48106- 1346
AGmiaCUSlXEiEKTS
To Dr* A* Craig Baird, for his kindly and pene
trating direction of this study, and to Dr* Orville A.
Hitchcock, for his criticism of the manuscript*
To Dr. K* Clay Harshbarger, in appreciation for
much sound advice and suggestion throughout the course of
the writer*a graduate study*
To Mr* William Van Schreeven, Archivist of the
Virginia State Library, to Mr* James J* Hill, Librarian of
the University of Nevada, and to the librarians of the Uni
versity of Iowa libraries, gratitude must be expressed for
guidance and cooperation in securing appropriate source
materials*
To his wife, Barbara, who helped prepare the
manuscript, the writer makes this humble acknowledgment of
many small sacrifices over a long period, to attain a distant
and elusive goal*
TABLE OF CONTENTS
Chapter Page
INTRODUCTION ................. 1
Purpose and Scope........... 1
Biographical Treatment . . . . . . . . . 3
Sources ........... . . . . . . . . . . 7
I FACTORS IN SPEECH .EDUCATION........... . . 15
Foreword ................ 15
Early Environment and Family Influences 15
Influence of Father ......... 17
Influence of Mother.............. 23
Early Education . . . . . . . . . . . . . 26
Military Experience . . . . . . ....... 32
Legal Training and Experience . . . . . . 37
Deliberative Speaking Experiences . . . . h3
Summary . . . . . . . . . . . . . . . . . 55
U VIRGINIA FEDERAL RATIFYING CONVENTION OF
1788s SOCIAL SETTING ............ 60
Foreword . . . . . . . . . . . ....... 60
Occasion.................... 60
Virginia in the Federal Convention . . 66
Prior Ratifications ............. 71
John Marshall in the Convention ... ?6
Election of Delegates . . . . . . . . 80
Representation, in Virginia — it88 • • 88
Issues of the Convention . . . . . . . 91
The Audience . . . . . . . . . . . . . . 93
Composition of the Audience * . • • • 9h
Population Changes............ 97
Economic Influence 106
Agriculture . .................... 106
Influence of Commerce . . . . . . . . 112
Taxation and Money . . . . . . . . . . 121
Lack of Money . ............... 122
Taxation « . . . .................126
Summary .................. 132
iii
Chapter Page
III VIRGINIA FEDERAL RATIFYING CONVENTION OF
1786* tHB SPEECHES..................... • liil
Textual Authenticity...................11!
The Speaker and the Issues of the
Convention..........................1i*5
Parliamentary Maneuvers in the Debates H|8
Immediate Occasion® . . . . . . . . . . . XSk
Speech on Taxation.......... . . • . 25U
Speech on Militia............ • • • 156
Speech on -Judiciary . . . . . . . . . 158
Speaker* s Ideas and Their Support . . . * 162
Relation of the Federal Government
to the People . . . . . . . . . . . . 165
"The Parse and the Sword" . . . . . . 180
Relation of State to Federal Govern
ment * ................. . . . . 195
Federal Courts Should, be Included
in Federal Government * .........* . 199
Refutation # * * • » * * • • * ♦ * * • 211
Method of .Argument . . . . . . . . . . 216
Effectiveness of Speeches . . . . . . . . 220
Speech on Taxation . . . . . . . . . . 221
Speech on the Militia...............222
Speech on the Judiciary .......... 223
Summary ............ . . . . * 225
IV IM CONGRESS t 1800 - ADDRESS ON ARMY REDUCTION 230
Foreword . . . . . . . . . . . . . . . . 230
Occasion .............. 231
Rise of National Party Politics . . . 231
The Election of 1799 ....... 237
Immediate Occasion •. . ........... 2ii
The Audience ......... 214-7
Marshall and His Audience.........* 2$6
Summary . 258
The Speech on Reduction of th© Army • * • 260
Textual Authenticity.................260
Statement of Issues 263
Argument and Evidence . . . . . . . . 266
Refutation . . . . . . . . 279
Summary ......... 280
iv
Chapter Page
IV IK CONGRESS f 1800 - ADDRESS OH AIM! REDUCTION
(CONTIKU®)
Effectiveness of the Speech......... 232
Summary . . ........... 286
V IK CONGRESS* 1800 - THE JONATHAN ROBBINS
ADDRESS......... . 292
Foreword . . . . . . . . . . .......... 292
Occasion . . . . . . . . . . . . . . . . . 292
Statement of Issues ....... . . . . . . 306
Argument and Evidence . . . . ....... 316
Jonathan Bobbin® Case Governed by-
Jay Treaty * * . ......... * 316
Jonathan Robbins Case Proper for
Executive Decision......... 328
The President Did Not Interfere with
Judicial Decision . . . . . . ....... 33k
Summary . . . . . . . . . . . . . . . . 338
Refutation . . . . . . . . . . . . . . . . 339
Structure . • 3k5
Effectiveness of the Speech ♦ 3k7
Summary. ......... 390
VI IK THE COURTS* 1782-1800 332
Foreword . . . . . . . . . . . . . . . . . 352
Marshall’s Law Training and Practice . . • 352
Marshall *s Law Training............ 352
Marshall’s Law Practice . . . . . . . . 357
Social Setting . . . . . . . . . . . . . . 366
The Law in Virginia - 1782-1800 . . . . 366
The Courts In Virginia - 1782-1800 . . 371
The Speeches . . . . . . . . . . . . . . . 375
Textual Authenticity . . . . . . . . . 376
Statement of Case . . . . . . . . . . . 379
Argument and Evidence . . . . . . . . . 33k
Emotional Appeals . . . . . . . . . . . . 39k
Personal Appeals ........... 396
Refutation . . . . . . . . . . . . . . 397
Effectiveness of Legal Speaking . . . . k03
Summary. . . . . . . . . . . . . . . . . . k05
v
Chapter Pag©
vti sftsaon ookpositicw and bmjverx U 2
3? oreword * ■ • • • • » » • • 1|X2
Speech Composition * . * , . • . * * . • I*12
Structure . . . . . . . . . . . . . . l*2l*
Delivery * • . . . . •• •.......... . * h26
Vole© and Bodily Action . . . . . . . 1*27
Personality 1*31
Sugary * . . . . . . . . . . . . . . . 1*35
viii summary Aim conclusions . . . . . . . . . . • k37
Federal Ratifying Convention of 1788 . hhQ
Congressional Speeches in 1800 . . . . . ith9
Marshall *s Legal Sp ©aiding . . * . . • . \£6
Speech Coiaposition and Delivery • • * • L&L
Conclusion . . « . . . . . . . . . . . 1*63
BIBLXQUEAHOr I466
APPENDIX................ L76
vi
1
INTRODUCTION
wSSSm
mmScm Sw
John Marshall was Chief Justice of the 0nited States
Supreme Court from 1801 until his death in 1835* This period in
Ms public career has been the prime concern of critics and bio
graphers* There has been relatively little study of Marshall as
a legislator* lawyer, and orator, in the period prior to 1801* As
a prominent and widely respected citiaen of the "Old Dominion" from
1782, when he entered the Virginia legislature, to 1799, when he
was elected to Congress as a leading southern Federalist, Marshall*s
public career in his native state can profitably engage the atten
tion of the interested critic-hlstorian» In his early career, the
great jurist was engaged with equal enthusiasm in the successful
practice of law in Richmond, and in tie mercuric and turbulent poli
tical life of eighteenth century Virginia#
This study will examine and appraise on© aspect of this
earlier portion of John Marshall’s puHic career, his public speak
ing, both in the courts and in the Virginia legislature# As an
active pleader before the bar, and a© an influential political leader,
Marshall frequently took the platform to influence the beliefs and
behavior of those about him* It is intended here to critic!»e John
Marshall's public address prior to 1801 and to analyse the nature
of his skill in the rhetorical art#
2
So manor h«v© written of the nature of rhetorical criticism
'that to discuss it at any length would involve needless repetition*
H* A* Wiehelns initiated current thinking out the specific purpose
1
of rhetorical criticism* in his "literary Criticism of Oratory"*
*H* A. Wiehelns* "The Literary Criticism of Oratory1* * Studies In
Rhetoric and Public Speaking in honor of James A. WinansVChew York*
— ~ ~ ------------------------
Since then inquiry into critical problems in public address has been
2
continuous and probing* The most comprehensive work in this area has
^Articles representative of this trend are to be found in the
Quarterly Journal of Speech more or less continuously for the
period of its 'publication*'" Recent examples of these articles are*
Donald C* Bryant* "Some Problems of Scop© and Method in Rhetorical
Scholarship", Quarterly Journal of Speech* 23: 182-189, (April,
1937)3 Bower Aly, *ȴhe History olf American Public Address as a
Research Field", Quarterly Journal of Speech* 29* 308—311*, (October,
19^3)3 Dallas C* Dickey, "Miak Directions Should Future Research
in American Public Address Take?", Quarterly Journal of Speech*
29# 300-3Oh, (October, 19^3)3 A. Craig' Baird and Tester Yhonssen,
"Methodology in the Criticism of Public Address"* Quarterly
Journal of Speech* 331 13U-138, (April, 191*7)5 Wayne H* "raonpson,
Contemporary Public Address as a Research Area", Quarterly
Journal of Speech* 33* 2714—283, (October, 19^7)* These' titles are
not given with my pretense to complete representation, but only
to indie-at© the direction of thinking about problems of method
in the criticism of public address*
3
been the recently published volume by Thonssen and Baird* This work
^Lester Thonssen and A* Craig Baird, Speech Criticism* (Sew York,
191*8).
has been the guiding influence in the present study.
It is said that the duty of the critic is to appraise that
3
which has gone before- according to the standards of his own. time,
Thi® criticism is directed toward an adequate arid accurate appli
cation of the critical standard® of present-day rhetoricians to
the public speaking, career of John Marshall#
The purpose of this study, then, is to appraise John
Marshall’s speaking prior to 1801 according to his effectiveness
in gaining audience response by reason of skill in adjusting his
argument to his audience and to the occasion#
. Biographical Treatment
Mo complete appraisal of John Marshall’s public speaking
has been done prior to the present study* The bulk of scholarly
treatment given to Marshall’s wo He centers upon the period of his
service on the Supreme Court bench, with only sufficient focus
upon his early life to form a background* Of the biographies of
Marshall currently available, only two deal with Marshall’s youth
and early career in detail. These are Albert J* Beveridge’s Life
of John Marshall^, and John F* Dillon’s, John Marshall; Life#
^Albert J. Beveridge, The Life of John Marshall, k vole*, (Cambridge,
Mass#, 1916)#
Character and Judicial Services**, a three-volume compilation of
% ' n" rn“"_'"' 1 " T ,r,r:r" rT ■ n ' ....
^John F* Dillon, John Marshall; Life, Character, and Judicial Serv
ices, 3 vols#, (cTiica^,r1^63).
