Page:Appletons' Cyclopædia of American Biography (1900, volume 5).djvu/203

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RANDOLPH
RANDOLPH


purpose of working on the committee for making a codification of the, state laws. The code pub- lished at Richmond in folio, 171I4, was mainly liis work. While so occupied he was appointed by the president (27 Sept., 1789) attorney-general of tin- I'nited Slates. In response to a request of the house of representatives he wrote an extruded report (1790) on the judiciary system. Among the many important cases arising under the first ad- ministration of the constitution was Chisholm vs. Georgia, involving the right of an alien to sue a state. To the dismay of his southern friends, Randolph proved that right to the satisfaction of the court. His speech was widely circulated as a pamphlet, and was reprinted by legislative order in Massachusetts, while the alarm of debtors to England led to the llth amendment. Ear- ly in 1795 Randolph issued, under the name of "Germanicus," an effective pamphlet againsi the ' Democratic societies," which were charged with fomenting the whiskey rebellion at Pittsburg, and excit ing an American Jacobinism. Randolph tried ti i pursue, as usual, a non-partisan course in foreign si Hairs with a leaning toward France, Washington doing the like. Jefferson having retired, Randolph accepted, very reluctantly, 2 Jan., 1794, the office of secretary of state. His advice that an envoy should go to England, but not negotiate, was overruled. He advised the president to sign the Jay treaty only on condition that the " provision order " for the search of neutral ships were revoked. The Republicans were furious that the president and Randolph should think of signing the treaty apart from the " provision order " ; but Washington, after the ob- jectionable 12th article had been eliminated, was willing to overlook its other faults, but for the order issued to search American ships and seize the provisions on them. Meanwhile France was so en- raged about the treaty that Monroe could hardly remain in Paris. During Jay's secret negotiations, the French minister, Fauchet, left Philadelphia in anger. The president had carried on through Ran- dolph soothing diplomacy with France, and espe- cially flattered the vanity of Fauchet. the French minister in Philadelphia, with an affectation of confidence. The Frenchman did not fail in de- spatches to his employers to make the most of this. Also, being impecunious, he hinted to his govern- ment that with " several thousand dollars " he could favorably influence American affairs, alleging a suggestion by Randolph to that effect. This de- spatch was intercepted by a British ship and for- warded to the English minister in Philadelphia. (Hammond) just in time to determine the re- sult of the struggle concerning the treaty. Wash- ington had made up his mind not to sign the treaty until the " provision order " was revoked, and so informed the secretary of state in a letter from Mount Vernon, 22 July, 1795. The intercepted despatch of Fauchet altered this determination, and the treaty was signed without the condition. The only alternatives of the administration were to acknowledge the assurances diplomatically given to Fauchet, as egregiously falsified by him, or, now that they might be published, accept Ran- dolph as scapegoat. It is difficult to see how Washington could have saved his friend, even if reaily to share his fate. Randolph, having indig- nantly resigned his office, pursued Fauchet (now recalled) to Newport, and obtained from him a full retractation and exculpation. He then prepared his " Vindication." After the intercepted letter was shown him. but withheld from the doomed secretary, Washington treated Randolph with ex- ceptional affection, visiting his house, and twice giving him the place of honor at his table. It is maintained by Randolph's biographer (M. D. Conway) that this conduct, and his failure to send for the' other despatches alluded to, indicate Wash- ington's entire disbelief of the assertions of Fauchet, whose intrigues he well knew (despatch to Monroe, 29 July. 1795). Randolph had attended to Wash- ington's law-business in Virginia, always liea. steadily refusing payment, and could hardly have been suspected of venality. The main charge against Randolph was based on Fauchet 's alie- nation of "precieuses confessions" made to him by the secretary. But that despatch was closely followed by another, discovered in 1888, at Paris, in which Fauchet announced that he had found them "fausses confidences." The charge of in- trigue and revealing secrets is thus finally dis- posed of. In addition to the "Vindication of Mr. Randolph's Resignation " (Philadelphia, 1795), the ex-secretary wrote a remarkable pamphlet, pub- lished the follo'wing year, " Political Truth, or Ani- madversions on the Past and Present State of Public Affairs." After his resignation, Randolph was received with public demonstrations of ad- miral inn in Richmond, where he resumed the prac- tice of law. The ruin of his fortunes was com- pleted by an account made up against him of $49.000 for "moneys placed in his hands to de- fray the expenses of foreign intercourse." Under the' system of that period the secretary of state per- sonally disbursed the funds provided for all foreign service, and if any money were lost through the ac- cidents of war, or the failure of banks, he was held responsible. After repeated suits in which juries could not agree, Randolph, confident in the jus- tice of his case, challenged an arbitration by the comptroller of the treasury, Gabriel Duval, who decided against him. Thereupon his lands, and the negroes so conscientiously kept from sale and dispersion, were made over to Hon. Wilson Cary Nicholas, by whom the debt was paid in bonds. from which the government gained $7.000 more than the debt and interest. Meanwhile Randolph had again taken his place at the head of the Vir- ginia bar. He was one of the counsel of Aaron Burr on his trial for treason at Richmond, lie also wrote an important " History of Virginia," the greater part of which is now in possession of the Historical society of Virginia. Though much used by historians, it has never been published. In it there is an admirable sketch of the life and char- acter of Washington, concerning whom no bitter- ness survived in his breast. For the fullest ac- count of Edmund Randolph, and of his ancestors, see "Omitted Chapters of History, disclosed in the Life and Papers of Edmund Randolph," by Moncure D. Conway (New York, 1888). Edmund's son, Peyton, b.'at Williamsburg, Va., 1779; d. at Richmond, Va., 1828, was, from an early period of his life to its close, clerk of the supreme court of Virginia, and was the author of " Reports of < lases in that Court, 1821-'8 " (6 vols., Richmond. 1823-32). In 1806 he married Maria Ward (concerning whom see John Esten Cooke's " Stories of the Old Dominion