Epilogue
In the brief period of twenty-seven months following the death of
Marshall the Supreme Court received a new Chief Justice and five new
Associate Justices. The effect of this change in personnel upon the
doctrine of the Court soon became manifest. In the eleventh volume of
Peters's Reports, the first issued while Roger B. Taney was Chief
Justice, are three decisions of constitutional cases sustaining state
laws which on earlier argument Marshall had assessed as
unconstitutional. The first of these decisions gave what was designated
"the complete, unqualified, and exclusive" power of the State to
regulate its "internal police" the right of way over the "commerce
clause" ¹; the second practically nullified the constitutional
prohibition against "bills of credit" in deference to the same high
prerogative ²; the third curtailed the operation of the "obligation of
contracts" clause as a protection of public grants. ³ Story, voicing "an
earnest desire to vindicate his [Marshall's] memory from the imputation
of rashness," filed passionate and unavailing dissents. With difficulty
he was dissuaded from resigning from a tribunal whose days of influence
he thought gone by. 4 During the same year Justice Henry Baldwin,
another of Marshall's friends and associates, published his View of the
Constitution, in which he rendered high praise to the departed Chief
Justice's qualifications as expounder of the Constitution. "No
commentator," he wrote, "ever followed the text more faithfully, or ever
made a commentary more accordant with its strict intention and
language.... He never brought into action the powers of his mighty mind
to find some meaning in plain words ... above the comprehension of
ordinary minds.... He knew the framers of the Constitution, who were his
compatriots," he was himself the historian of its framing, wherefore, as
its expositor, "he knew its objects, its intentions." Yet in the face of
these admissions, Baldwin rejects Marshall's theory of the origin of the
Constitution and the corollary doctrine of liberal construction. "The
history and spirit of the times," he wrote, "admonish us that new
versions of the Constitution will be promulgated to meet the varying
course of political events or aspirations of power."
¹ Milton vs. New York, 11 Peters, 102.
² Briscoe vs. Bank of Kentucky, 11 Peters, 257.
³ Charles River Bridge Company vs. Warren Bridge Company, 11 Peters,
420.
4 He wrote Justice McLean, May 10, 1837: "There will not, I fear, even
in our day, be any case in which a law of a State or of Congress will be
declared unconstitutional; for the old constitutional doctrines are fast
fading away." Life and Letters of Joseph Story, vol. II, p. 272; see
also p. 270, for Chancellor Kent's unfavorable reaction to these
decisions.
But the radical impulse soon spent itself. Chief Justice Taney himself
was a good deal of a conservative. While he regarded the Supreme Court
rather as an umpire between two sovereignties than as an organ of the
National Government for the vigorous assertion of its powers, which was
Marshall's point of view, Taney was not at all disposed to disturb the
law as it had been declared by his predecessor in binding decisions.
Then, too, the development of railroading and the beginning of
immigration from Europe on a large scale reawakened the interest of a
great part of the nation in keeping intercourse between the States
untrammeled by local selfishness; and in 1851 the Court, heeding the
spirit of compromise of the day, decisively accepted for the most
important category of cases Marshall's principle of the exclusive
control of interstate and foreign commerce by Congress. ¹
¹ Cooley vs. the Board of Wardens, 12 Howard, 299.
Still, until the eve of the Civil War, the theory of the Constitution
held by the great body of the people, North as well as South, was that
it was a compact of States. Then in December, 1860, South Carolina
announced her secession from the Union. Buchanan's message of the same
month performed the twofold service of refuting secession on State
Rights principles and of demonstrating, albeit unwittingly, how
impossible it was practically to combat the movement on the same
principles. Lincoln brought the North back to Marshall's position when
he remarked in his Inaugural Address: "Continue to execute all the
express provisions of our National Constitution, and the Union will
endure forever."
The Civil War has been characterized as "an appeal from the judgments of
Marshall to the arbitrament of war." Its outcome restored the concept of
the National Government as a territorial sovereign, present within the
States by the superior mandate of the American People, and entitled to
"execute on every foot of American soil the powers and functions that
belong to it." ¹ These powers and functions are, moreover, today
undergoing constant enlargement. No one now doubts that in any clash
between national and state power it is national power which is entitled
to be defined first, and few persons question that it ought to be
defined in the light of Marshall's principle, that a Constitution
designed for ages to come must be "adapted to the various crises of
human affairs."
¹ Justice Bradley in ex parte Siebold, 100 U. S., 371.
It is only when we turn to that branch of Constitutional Law which
defines governmental power in relation to private rights that we lose
touch with Marshall's principles. As we have seen, he dealt in
absolutes: either power was given to an unlimited extent or it was
withheld altogether. Today, however, the dominant rule in this field of
Constitutional Law is the "rule of reason." In the last analysis, there
are few private rights which are not subordinate to the general welfare;
but, on the other hand, legislation which affects private rights must
have a reasonable tendency to promote the general welfare and must not
arbitrarily invade the rights of particular persons or classes. Inasmuch
as the hard and fast rules of an age when conditions of life were
simpler are no longer practicable under the more complex relationships
of modern times, there is today an inevitable tendency to force these
rules to greater flexibility. ¹
¹ Notwithstanding what is said above, it is also true that the modern
doctrine of "the police power" owes something to Marshall's
interpretation of the "necessary and proper" clause in M'Culloch vs.
Maryland, which is frequently offered nowadays as stating the
authoritative definition of "a fair legislative discretion" in relation
to private rights. Indeed this ingenious transposition was first
suggested in Marshall's day. See Cowen (N. Y.), 585. But it never
received his sanction and does not represent his point of view.
And this difference in the point of view of the judiciary connotes a
general difference of outlook which makes itself felt today even in that
field where Marshall wrought most enduringly. The Constitution was
established under the sway of the idea of the balance of power, and with
the purpose of effecting a compromise among a variety of more or less
antagonistic interests, some of which were identified with the cause of
local autonomy, others of which coalesced with the cause of National
Supremacy. The Nation and the States were regarded as competitive
forces, and a condition of tension between them was thought to be not
only normal but desirable. The modern point of view is very different.
Local differences have to a great extent disappeared, and that general
interest which is the same for all the States is an ever deepening one.
The idea of the competition of the States with the Nation is yielding to
that of their coöperation in public service. And it is much the same
with the relation of the three departments of Government. The notion
that they have antagonistic interests to guard is giving way to the
perception of a general interest guarded by all according to their
several faculties. In brief, whereas it was the original effort of the
Constitution to preserve a somewhat complex set of values by nice
differentiations of power, the present tendency, born of a surer vision
of a single national welfare, is toward the participation of all powers
in a joint effort for a common end.
But though Marshall's work has been superseded at many points, there is
no fame among American statesmen more strongly bulwarked by great and
still vital institutions. Marshall established judicial review; he
imparted to an ancient legal tradition a new significance; he made his
Court one of the great political forces of the country; he founded
American Constitutional Law; he formulated, more tellingly than any one
else and for a people whose thought was permeated with legalism, the
principles on which the integrity and ordered growth of their Nation
have depended. Springing from the twin rootage of Magna Charta and the
Declaration of Independence, his judicial statesmanship finds no
parallel in the salient features of its achievement outside our own
annals.
BIBLIOGRAPHICAL NOTE
All accounts of Marshall's career previous to his appointment as Chief
Justice have been superseded by Albert J. Beveridge's two admirable
volumes, The Life of John Marshall (Boston, 1916). The author paints on
a large canvas and with notable skill. His work is history as well as
biography. His ample plan enables him to quote liberally from Marshall's
writings and from all the really valuable first-hand sources. Both text
and notes are valuable repositories of material. Beveridge has
substantially completed a third volume covering the first decade of
Marshall's chief-justiceship, and the entire work will probably run to
five volumes.
Briefer accounts of Marshall covering his entire career will be found in
Henry Flanders's Lives and Times of the Chief Justices of the Supreme
Court (1875) and Van Santvoord's Sketches of the Lives, Times, and
Judicial Services of the Chief Justices of the Supreme Court (1882). Two
excellent brief sketches are J. B. Thayer's John Marshall (1901) in the
Riverside Biographical Series, and W. D. Lewis's essay in the second
volume of The Great American Lawyers, 8 vols. (Philadelphia, 1907), of
which he is also the editor. The latter is particularly happy in its
blend of the personal and legal, the biographical and critical. A. B.
Magruder's John Marshall (1898) in the American Statesman Series falls
considerably below the general standard maintained by that excellent
series.
The centennial anniversary of Marshall's accession to the Supreme Bench
was generally observed by Bench and Bar throughout the United States,
and many of the addresses on the great Chief Justice's life and judicial
services delivered by distinguished judges and lawyers on that occasion
were later collected by John F. Dillon and published in John Marshall,
Life, Character, and Judicial Services, 3 vols. (Chicago, 1903). In
volume XIII of the Green Bag will be found a skillfully constructed
mosaic biography of Marshall drawn from these addresses.
The most considerable group of Marshall's letters yet published are
those to Justice Story, which will be found in the Massachusetts
Historical Society Proceedings, Second Series, volume XIV, pp. 321-60.
These and most of the Chief Justice's other letters which have thus far
seen the light of day will be found in J. E. Oster's Political and
Economic Doctrines of John Marshall (New York, 1914). Here also will be
found a copy of Marshall's will, of the autobiography which he prepared
in 1818 for Delaplaine's Repository but which was never published there,
and of his eulogy of his wife. The two principal sources of Marshall's
anecdotes are the Southern Literary Messenger, volume II, p. 181 ff.,
and Henry Howe's Historical Collections of Virginia (Charleston, 1845).
Approaching the value of sources are Joseph Story's Discourse upon the
Life, Character, and Services of the Hon. John Marshall (1835) and
Horace Binney's Eulogy (1835), both of which were pronounced by personal
friends shortly after Marshall's death and both of which are now
available in volume III of Dillon's compilation, cited above. The value
of Marshall's Life of Washington as bearing on the origin of his own
point of view in politics was noted in the text (Chapter VIII).
Marshall's great constitutional decisions are, of course, accessible in
the Reports, but they have also been assembled into a single volume by
John M. Dillon, John Marshall; Complete Constitutional Decisions
(Chicago, 1903), and into two instructively edited volumes by Joseph P.
Cotton, Constitutional Decisions of John Marshall (New York, 1905).
Story's famous Commentaries on the Constitution gives a systematic
presentation of Marshall's constitutional doctrines, which is fortified
at all points by historical reference; the second edition is the best.
For other contemporary evaluations of Marshall's decisions, often
hostile, see early volumes of the North American Review and Niles's
Register; also the volumes of the famous John Taylor of Caroline. A
brief general account of later date of the decisions is to be found in
the Constitutional History of the United States as Seen in the
Development of American Law (New York, 1889), a course of lectures
before the Political Science Association of the University of Michigan.
Detailed commentary of a high order of scholarship is furnished by
Walter Malins Rose's Notes to the Lawyers' Edition of the United States
Reports, 13 vols. (1899-1901). The more valuable of Marshall's decisions
on circuit are collected in J. W. Brockenbrough's two volumes of Reports
of Cases Decided by the Hon. John Marshall (Philadelphia, 1837), and his
rulings at Burr's Trial are to be found in Robertson's Reports of the
Trials of Colonel Aaron Burr, 2 vols. (1808).
Marshall's associates on the Supreme Bench are pleasingly sketched in
Hampton L. Carson's Supreme Court of the United States (Philadelphia,
1891), which also gives many interesting facts bearing on the history of
the Court itself. In the same connection Charles Warren's History of the
American Bar (Boston, 1911) is also valuable both for the facts which it
records and for the guidance it affords to further material. Of
biographies of contemporaries and coworkers of Marshall, the most
valuable are John P. Kennedy's Memoirs of the Life of William Wirt, 2
vols. (Philadelphia, 1860); William Wetmore Story's Life and Letters of
Joseph Story, 2 vols. (Boston, 1851); and William Kent's Memoirs and
Letters of James Kent (Boston, 1898). Everett P. Wheeler's Daniel
Webster the Expounder of the Constitution (1905) is instructive, but
claims far too much for Webster's influence upon Marshall's views. New
England has never yet quite forgiven Virginia for having had the
temerity to take the formative hand in shaping our Constitutional Law.
The vast amount of material brought together in Gustavus Myers's History
of the Supreme Court (Chicago, 1912) is based on purely ex parte
statements and is so poorly authenticated as to be valueless. He writes
from the socialistic point of view and fluctuates between the desire to
establish the dogma of "class bias" by a coldly impartial examination of
the "facts" and the desire to start a scandal reflecting on individual
reputations.
The literature of eulogy and appreciation is, for all practical
purposes, exhausted in Dillon's collection. But a reference should be
made here to a brief but pertinent and excellently phrased comment on
the great Chief Justice in Woodrow Wilson's Constitutional Government in
the United States (New York, 1908), pp. 158-9.
INDEX
A.
Adams, John, and "midnight judges," 22-23; appoints Marshall Chief
Justice, 23-24, 51; Marshall defends, 48.
Adams, J. Q., Memoirs, cited, 71 (note); record of Giles's view on
impeachment, 74-75; on Randolph, 81-82; quoted, 126.
Addison, Alexander, 59.
Alien and Sedition laws, 47; see also Sedition Act.
Ambler, Mary, Marshall marries, 30; death, 217-218.
Articles of Confederation, 3-4.
B.
Baldwin, Henry, View of the Constitution, praise of Marshall, 225-226.
Bank, U. S., 124-126; Marshall and, 214-215; see also M'Culloh vs.
Maryland.
Barbecue Club, 202-204.
Barlow, Joel, 208-209.
Barron vs. Baltimore, 191.
Bartlett, attorney in Dartmouth College case, 159, 163.
Benton, T. H., Abridgement of the Debates of Congress, cited, 66 (note).
Beveridge, A. J., The Life of John Marshall, quoted, 31, 43, 201.
Blair, Rev., and anecdote of Barbecue Club, 203-204.
Blair, Justice John, of Virginia, 15, 19.
Blennerhasset, Harman, and Burr, 87, 89, 105; describes Eaton, 92.
Blennerhasset's Island, 87, 103.
Bollmann, Erick, witness at Burr's trial, 92-93, 94, 108, 109.
Botts, Benjamin, defends Burr, 92.
Bradley, Justice J. P., cited, 144 (note); quoted, 227-228.
Breckenridge, John, of Kentucky, 61, 62.
Briscoe vs. Bank of Kentucky, 191.
Brown, Francis, President of Dartmouth College, 164.
Brown vs. Maryland, 142-144, 171, 190.
Buchanan, James, and secession, 227.
Burr, Aaron, and Marshall, 50; Vice-President, 76; favors to, 82-83;
"conspiracy" and trial, 86 et seq.
C.
Calder vs. Bull, 150, 154.
Calhoun, J. C., and state sovereignty, 192.
Callender, J. T., tried for sedition, 57, 73, 79.
Campbell, clergyman, teaches John Marshall, 28.
Campbell, lawyer at Richmond, 32, 78.
Charles River Bridge Company vs. Warren Bridge Company, 225 (note).
Chase, Justice Samuel, of Maryland, 19, 57, 71-72, 150; impeachment, 72,
73-83, 112-113.
Cherokee Nation vs. Georgia, 193.
Chisholm vs. Georgia, 18.
Cincinnati, Burr goes to, 87.
Civil War, 226.
Clay, Henry, Marshall and, 214.
Clinton, De Witt, Governor of New York, 164.
Cohens vs. Virginia, 179.
Commerce, Marshall's opinion of congressional control of, 139-142; see
also Congress.
Congress, and Supreme Court, 7, 12-13; impeachments, 71-83; control of
commerce, 139-143, 145, 171, 226.
Connecticut, statute excluding Fulton-Livingston vessels, 136.
Constitution, relation of Supreme Court to, 7-13; principles from
Marshall's interpretation of, 144-145.
Constitutional Convention and state coercion, 4-5.
Contracts, sanctity of, 147 et seq.
Cooley vs. the Board of Wardens, 227.
Cooper, Thomas, tried for sedition, 57.
Corn Tassel, Cherokee Indian, 193.
Craig vs. Missouri, 192-193.
Cumberland Road Bill vetoed, 188.
Cushing, Justice William, of Massachusetts, 15, 17, 116.
Cushing, Mrs., wife of Justice, 17.
D.
Dartmouth College vs. Woodward, 124, 154 et seq.
Dickinson, John, of Delaware, on removal of judges, 6; Jefferson writes
to, 23; President of Pennsylvania, 59 (note).
Dodd, W. E., Chief Justice Marshall and Virginia, cited, 174 (note).
Duval, Justice Gabriel, 219; and Dartmouth College case, 163.
E.
Eaton, William, witness at Burr's trial, 92, 101.
Elliot, J., Debates, 36, 38.
Ellsworth, Oliver, 76; on state coercion, 5; author of Judiciary Act
(1789), 14; Chief Justice, 20; resigns, 23, 175.
Emmet, T. A., lawyer of New York, 136.
Enquirer, Richmond, 183.
Espionage Act of June 15, 1917, 110.
Evans, Charles, Report, cited, 71 (note).
F.
Federalist, 5, 13, 15, 18, 124, 175.
Fletcher vs. Peck, 151-154, 159, 166.
Fries, John, tried for treason, 57, 73, 79.
Fries's Rebellion, 21.
Fulton, Robert, steamboat grant to, 135.
G.
Gallatin, Albert, 48, 82.
Georgia, land grant case, 151-154; controversy with Supreme Court,
193-194.
Gerry, Elbridge, 45.
Gibbons vs. Oregon, 130, 135-142, 145, 171, 189.
Giles, W. B., of Virginia, 62, 74-75, 78, 82.
Goodrich, C. A., Professor of Yale, 162 (note).
Green vs. Biddle, 184, 188.
Griffin, Judge, at Burr's trail, 95.
H.
Hamilton, Alexander, 13, 36, 45, 50, 86, 121, 122; and U. S. Bank,
124-126.
Harding, Chester, quoted, 204-205.
Hay, George, and Sedition Act, 79; U. S. District Attorney, 91, 98,
113-114.
Hayes, Samuel (or Haze), 155-156.
Heath testifies against Chase, 79.
Henry, Patrick, at Virginia Convention, 37, 38; supports Marshall, 48.
Holmes, John, and Dartmouth College case, 163.
Holmes, Justice O. W., on Marshall, 121.
Hopkinson, Joseph, defends Chase, 80; in Bank case, 128; and Dartmouth
College case, 162.
Hunter vs. Martin, 174-177, 179.
I.
Impeachments, Pickering, 71-73; Chase, 73-83; of Pennsylvania State
Supreme Court judges, 84.
Indians, and Dartmouth College, 155, 158; and Georgia, 193.
Iredell, Justice James, of North Carolina, 15.
J.
Jackson, Andrew, and Burr, 92; President, 191; and controversy between
Supreme Court and Georgia, 194.
Jay, John, of New York, Chief Justice, 15-16, 19-20, 196.
Jefferson, Thomas, 25, 28, 166; elected President, 22; and the
Judiciary, 23, 53 et seq., 182-183; Governor of Virginia, 30; and
Marshall, 46, 50, 55, 94-95, 96, 97-98, 108, 120; inauguration, 55-56;
Marbury vs. Madison, 64-66; and Martin, 77, 78; and Burr, 82, 88-89, 90,
111, 113; and Johnson, 115; and U. S. Bank, 125; on Dartmouth College
question, 157; criticism of Marshall's Life of Washington, 208-209.
Johnson, Allen, Jefferson and His Colleagues, cited, 87 (note).
Johnson, R. M., of Kentucky, 185.
Johnson, Justice William, 115, 151, 164.
Jones, Walter, in Bank case, 128.
Judiciary, establishment, 1 et seq.; removal of judges, 6; Jefferson's
war on, 53 et seq.
Judiciary Act (1789), 14-16, 39, 192-193; Act (1801), 22, 60-63, 71.
K.
Kent, Chancellor James, of New York, 137, 138, 164, 225 (note).
Kentucky, anti-judicial movement, 58, 184-186, 187, 188.
Kentucky Resolutions, 22, 127, 177.
King, Rufus, on John Marshall, 44.
L.
Law Journal, Hall's 183.
Lee, R. E., 25.
Lewis, attorney for Fries, 79.
Lincoln, Abraham, and nationalism, 226.
Livingston, Justice Brockholst, 164.
Livingston, R. R., steamboat grant to, 135.
Livingston family of New York, 16.
Livingston vs. Van Ingen, 137 (note).
Lodge, H. C., on Marshall, 121.
M.
M'Culloh vs. Maryland, 124-135, 143, 182, 184, 190.
McLean, Justice John, letter of Story to, quoted, 225 (note).
Madison, James, 82; on state coercion, 5; on state courts as national
tribunals, 7; in Virginia Legislature, 34; Virginia Convention, 36, 37;
and U. S. Bank, 126; Journal, cited, 175.
Marbury vs. Madison, 64-71.
Marsh, Charles, 164.
Marshall, John, 18, 20, 22; and American constitutionalism, 2-3;
appointed Chief Justice, 24, 51; born (1755), 25; early life, 25 et
seq.; education, 27-28, 30; and the Revolution, 29-30; marriage (1783),
30; practices law at Richmond, 31-32; in Virginia Legislature, 33; and
adoption of Constitution, 35-38; Wirt's description of, 39-42; personal
characteristics, 42; Federalist leader in Virginia, 43; and Jay Treaty,
43-44, 48; purchases Fairfax estate, 44-45; "X.Y.Z." mission, 45-46, 49;
elected to Congress, 46-48; and Jefferson, 46, 50, 55, 94-95, 96, 97-98,
108, 120; in Washington, 53-54; first constitutional case, 64-71; and
trial of Burr, 93 et seq.; and nationalism, 121 et seq., 147;
interpretation of Constitution, 144-145; and sanctity of contracts, 147
et seq.; and State Rights, 173 et seq.; as private citizen, 198 et seq.;
as hero of anecdote, 205-206; religious bent, 206; Life of Washington,
34 (note), 208-210; correspondence, 211-213; and politics, 213-214; on
method of electing President, 214-215; and U. S. Bank, 215-216; illness,
216-217; death of wife, 217-218; last years, 219-220; composes epitaph,
221; death, 221; will, 221-222; tribute, 221-222; Baldwin on, 225-226;
bibliography, 233-236.
Marshall, Thomas, father of John Marshall, 25, 27.
Martin, Luther, of Maryland, on authority of federal legislation, 9;
defends Chase, 76-77, 80, 81; defends Burr, 92, 96; in Bank case, 128.
Martin vs. Hunter's Lessee, 177-182.
Martineau, Harriet, describes Marshall, 220.
Maryland, attitude toward Judiciary, 58; and U. S. Bank, see M'Culloch
vs. Maryland.
Mason, George, 38.
Mason, Jeremiah, 158, 162.
Mexico, "Burr's Conspiracy" against, 99.
Morgan, General, witness at Burr's trial, 102.
Morris, Gouverneur, quoted, 61.
Morris, Robert, and Marshall, 45.
Munford, G. W., The Two Parsons, cited, 204 (note).
Murch, Rachel, 155.
N.
Nashville (Tenn.), Burr goes to, 87.
Natchez, Burr goes to, 87, 89.
Nationalism, 121 et seq., 227.
Nereide, case of the, 118 (note).
New Jersey, statute excluding Fulton-Livingston vessels, 136.
New Orleans, Wilkinson at, 89, 91; and Burr, 99.
New York, and "Steamboat case," 136-142.
New York City, Supreme Court in, 16.
Newcastle (Del.), Chase at, 73.
Nicholas, W. C., at Virginia Convention, 37.
Nicholson, Joseph, and impeachment, 78; recall for Senators, 84.
Nullification, 194; Marshall and, 214.
O.
Oakley, T. J., counsel for Ogden, 136.
Ogden vs. Saunders, 190.
Ohio, anti-judicial movement in, 184.
Osborn vs. United States Bank, 189-190.
P.
Parton, James, Life and Times of Aaron Burr, quoted, 99-100.
Passmore, Thomas, punished for contempt of court, 60.
Pendleton, Edmund, lawyer of Richmond, 32.
Pennsylvania, attitude toward Judiciary, 58, 84; protests Marshall's
decision, 119.
Philadelphia, Supreme Court at, 16; impeachment of judges at, 84; Burr
goes to, 87.
Pickering, Judge, of New Hampshire, impeachment, 71, 72-73.
Pinckney, C. C, on "X.Y.Z." mission, 45.
Pinkney, William, of Maryland, greatest lawyer of his day, 117-118; in
Bank case, 128-129; in Dartmouth College case, 165.
Plumer, William, Governor of New Hampshire, 156-158.
Providence Bank vs. Billings, 191.
R.
Raleigh (N. C.), Marshall holds court at, 199.
Randolph, Edmund, 25; defends Burr, 92.
Randolph, John, 25, 32, 37, 54, 62, 90, 124; on Judiciary, 23; on
Marshall, 52; and impeachment of Chase, 75, 78, 81-82; proposes
amendment to Constitution, 83-84; at Burr's trial, 95.
Reed, T. B., 169.
Revolution, Marshall and, 29-30.
Richardson, Chief Justice, 159.
Richmond (Va.), Marshall practices law at, 31; Burr's trial at, 86 et
seq.; Marshall holds court at, 199.
Roane, Spencer, of Virginia, 174-178, 183.
Robertson, Reports, cited, 109 (note).
Robins, Jonathan, British fugitive from justice, 48.
Rodney, C. A., 78, 84.
Rowan, Senator, of Kentucky, 187.
Rutledge, John, of South Carolina, on state courts as national
tribunals, 6-7; associate justice, 15.
S.
St. Louis, Burr goes to, 87.
Satterlee vs. Matthewson, 191.
Schooner Exchange vs. McFaddon et al, 118 (note).
Sedgwick, Theodore, on Marshall, 49-51.
Sedition Act (1798), 21, 49, 57.
Shays's Rebellion (1786), 34.
"Shockoe Hill," Marshall's home at Richmond, 201.
"Sidney, Algernon," pseudonym of Roane, 183.
Smith, Jeremiah, 158-159, 163.
South Carolina, nullification, 194; Jackson's proclamation to, 214;
secession, 227.
Spain, "Burr's Conspiracy" against, 89.
State Rights, 7, 173, et seq.
"Steamboat case," see Gibbons vs. Ogden.
Story, Justice Joseph, 109, 118, 220; Discourse, cited, 34 (note); and
Marshall, 116, 150-151 (note), 183, 194, 195, 211, 216, 219, 225;
quoted, 129, 201; Dartmouth College case, 163, 166; answer to Roane,
177-179.
Sturges vs. Crowinshield, 124, 184, 190.
Sullivan, attorney in Dartmouth College case, 159, 163.
Supreme Court, relation to Constitution, 7-13; powers, 11;
establishment, 12-13, 14; original bench, 15; in New York City, 16; in
Philadelphia, 16; pioneer work, 17-19; need of leadership, 19-20; Act of
Feb. 13, 1801, 22, 60-63, 71; in Washington, 54; defended by Virginia
Assembly, 119-120; bill for enlargement, 186-187; controversy with
Georgia, 193-194; number of cases during Marshall's term of office, 198;
changes on bench, 223.
Swartwout, Samuel, 93, 94, 108, 109.
T.
Taney, R. B., Chief Justice, 118, 224, 226.
Taylor, John, of Caroline, 60, 192.
Thayer, J. B., John Marshall, quoted, 202-204.
Thompson, Justice Smith, 219.
Ticknor, George, describes Pinkney, 117-118.
Tocqueville, Alexis de, opinion of Supreme Court, 196-197.
Todd, Justice Thomas, 163.
Transportation, 188-189.
Truxton, Commodore Thomas, 92, 102.
U.
United States vs. Peters, 118.
V.
Vincennes, Burr goes to, 87.
Virginia, plan before Constitutional Convention, 8; Convention, 35-38;
defends Supreme Court, 119-120; and U. S. Bank, 216.
Virginia Resolutions, 22, 127, 176, 177.
W.
Wakefield (Ala.), Burr captured at, 90.
Ware vs. Hylton, 44.
Warren, Charles, cited, 185 (note).
Washington, Justice Bushrod, 115, 161, 163, 166, 190, 208.
Washington, George, Marshall and, 26-27, 34, 46; Marshall's Life of, 34
(note), 208-210.
Washington (D. C.), 53; Capitol 54; Burr goes to, 87.
Watson vs. Mercer, 191.
Webster, Daniel, 29; and Bank case, 128; Gibbons vs. Ogden, 136;
Dartmouth College case, 159, 160-161, 163.
Wentworth, John, Governor of New Hampshire, 155.
Wheelock, Rev. Eleazar, of Connecticut, 155.
Wheelock, Dr. John, son of Eleazar Wheelock, 156.
Whisky Rebellion (1794), 21.
Wickham, John, of Richmond, 32, 92, 202, 203-204.
Wilkinson, James, 113; Marshall's letter to, 35; military commandant in
Louisiana Territory, 82; and Burr, 88, 93, 95; at New Orleans, 89, 91.
William and Mary College, 30.
Wilson, Justice James, of Pennsylvania, 15, 36.
Wilson vs. Blackbird Creek Marsh Company, 191.
Wirt, William, Letters of the British Spy, quoted, 39-42; at Burr's
trial, 91, 96-97, 102, 104-105, 110; Bank case, 128; Gibbons vs. Ogden,
135-136; Dartmouth College case, 163.
Woodward, W. H., 158.
Worcester vs. Georgia, 193-194.
Wythe, George, 30, 32.
X.
"X.Y.Z." mission, 45-46.
The Chronicles of America Series
1. The Red Man's Continent
by Ellsworth Huntington
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by Irving Berdine Richman
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Transcriber's Notes
Introduction:
The Chronicles of America Series has two similar editions of each volume
in the series. One version is the Abraham Lincoln edition of the series,
a premium version which includes full-page pictures. A textbook edition
was also produced, which does not contain the pictures and captions
associated with the pictures, but is otherwise the same book. This book
was produced to match the textbook edition of the book.
We have retained the original punctuation and spelling in the book, but
there are a few exceptions. Obvious errors were corrected--and all of
these changes can be found in the Detailed Notes Section of these notes.
The Detailed Notes Section also includes issues that have come up during
transcription. One common issue is that words are sometimes split into
two lines for spacing purposes in the original text. These words are
hyphenated in the physical book, but there is a question sometimes as to
whether the hyphen should be retained in transcription. The reasons
behind some of these decisions are itemized.
We place footnotes after the paragraph in which they are referenced. The
footnote may appear on a different page number in this e-book as
compared to the paper book. For example, the footnote with Nereide
appears on page 118 in the paper book, but on page 119 in this e-book.
For some index entries with notes, the reference may appear on the page
following the one mentioned in the index.
Detailed Notes Section:
On Page 27, health-giving was hyphenated between two lines for spacing
and could be transcribed as healthgiving. We retained the hyphen in
transcribing the word.
On Page 55, elbow-room was hyphenated between two lines for spacing and
could be transcribed as elbowroom. We retained the hyphen in
transcribing the word.
On Page 87, rendez-vous was hyphenated between two lines for spacing and
could be transcribed as rendezvous. In this case, the latter option took
preference: "He also made the island both a convenient rendezvous for
his adherents ..."
On Page 208, add missing period after uncle to conclude the clause "the
literary executor of his famous uncle."
On Page 220, add missing period after hopeless to conclude the clause
"but his case was soon seen to be hopeless."