The committee was appointed and, on December 20, 1832, reported a set of

resolutions--"worlds of words," as Niles aptly called them--disapproving

Jackson's Proclamation; applauding his recommendation to Congress that

the tariff be reduced; regretting South Carolina's hasty action;

deprecating "the intervention of arms on either side"; entreating "our

brethren in S. Carolina to pause in their career"; appealing to Jackson

"to withstay the arm of force"; instructing Virginia Senators and

requesting Virginia Representatives in Congress to do their best to

"procure an immediate reduction of the tariff"; and appointing two

commissioners to visit South Carolina with a view to securing an

adjustment of the dispute.[1529]

With painful anxiety and grave alarm, Marshall, then in Richmond,

watched the tragic yet absurd procession of events. Much as the doings

and sayings of the mediators and sympathizers with Nullification

irritated him, serious as were his forebodings, the situation appealed

to his sense of humor. He wrote Story an account of what was going on in

Virginia. No abler or more accurate statement of the conditions and

tendencies of the period exists. Marshall's letter is a document of

historical importance. It reveals, too, the character of the man.

It was written in acknowledgment of the receipt of "a proof sheet" of a

page of Story's "Commentaries on the Constitution of the United States,"

dedicating that work to Marshall. "I am ... deeply penetrated," says

Marshall, "by the evidence it affords of the continuance of that partial

esteem and friendship which I have cherished for so many years, and

still cherish as one of the choicest treasures of my life. The only

return I can make is locked up in my own bosom, or communicated in

occasional conversation with my friends." He congratulates Story on

having finished his "Herculean task." He is sure that Story has

accomplished it with ability and "correctness," and is "certain in

advance" that he will read "every sentence with entire approbation. It

is a subject on which we concur exactly. Our opinions on it are, I

believe, identical. Not so with Virginia or the South generally."

Marshall then relates what has happened in Richmond: "Our legislature is

now in session, and the dominant party receives the message of the

President to Congress with enthusiastic applause. Quite different was

the effect of his proclamation. That paper astonished, confounded, and

for a moment silenced them. In a short time, however, the power of

speech was recovered, and was employed in bestowing on its author the

only epithet which could possibly weigh in the scales against the name

of 'Andrew Jackson,' and countervail its popularity.

"Imitating the Quaker who said the dog he wished to destroy was mad,

they said Andrew Jackson had become a Federalist, even an ultra

Federalist. To have said he was ready to break down and trample on every

other department of the government would not have injured him, but to

say that he was a Federalist--a convert to the opinions of Washington,

was a mortal blow under which he is yet staggering.

"The party seems to be divided. Those who are still true to their

President pass by his denunciation of all their former theories; and

though they will not approve the sound opinions avowed in his

proclamation are ready to denounce nullification and to support him in

maintaining the union. This is going a great way for them--much farther

than their former declarations would justify the expectation of, and

much farther than mere love of union would carry them.

"You have undoubtedly seen the message of our Governor and the

resolutions reported by the committee to whom it was referred--a message

and resolutions which you will think skillfully framed had the object

been a civil war. They undoubtedly hold out to South Carolina the

expectation of support from Virginia; and that hope must be the

foundation on which they have constructed their plan for a southern

confederacy or league.

"A want of confidence in the present support of the people will prevent

any direct avowal in favor of this scheme by those whose theories and

whose secret wishes may lead to it; but the people may be so entangled

by the insane dogmas which have become axioms in the political creed of

Virginia, and involved so inextricably in the labyrinth into which those

dogmas conduct them, as to do what their sober judgement disapproves.

"On Thursday these resolutions are to be taken up, and the debate will,

I doubt not, be ardent and tempestuous enough. I pretend not to

anticipate the result. Should it countenance the obvious design of South

Carolina to form a southern confederacy, it may conduce to a southern

league--never to a southern government. Our theories are incompatible

with a government for more than a single State. We can form no union

which shall be closer than an alliance between sovereigns.

"In this event there is some reason to apprehend internal convulsion.

The northern and western section of our State, should a union be

maintained north of the Potowmack, will not readily connect itself with

the South. At least such is the present belief of their most intelligent

men. Any effort on their part to separate from Southern Virginia and

unite with a northern confederacy may probably be punished as treason.

'We have fallen on evil times.'"

Story had sent Marshall, Webster's speech at Faneuil Hall, December 17,

1832, in which he declared that he approved the "general principles" of

Jackson's Proclamation, and that "nullification ... is but another name

for civil war." "I am," said Webster, "for the Union as it is; ... for

the Constitution as it is." He pledged his support to the President in

"maintaining this Union."[1530]

Marshall was delighted: "I thank you for M^r Webster's speech.

Entertaining the opinion he has expressed respecting the general course

of the administration, his patriotism is entitled to the more credit for

the determination he expressed at Faneuil Hall to support it in the

great effort it promises to make for the preservation of the union. No

member of the then opposition avowed a similar determination during the

Western Insurrection, which would have been equally fatal had it not

been quelled by the well timed vigor of General Washington.

"We are now gathering the bitter fruits of the tree even before that

time planted by M^r Jefferson, and so industriously and perseveringly

cultivated by Virginia."[1531]

Marshall's predictions of a tempestuous debate over the Virginia

resolutions were fulfilled. They were, in fact, "debated to death,"

records Niles. "It would seem that the genuine spirit of 'ancient

_dominionism_' would lead to a making of speeches, even in 'the cave of

the Cyclops when forging thunderbolts,' instead of striking the hammers

from the hands of the workers of iniquity. Well--the matter was debated,

and debated and debated.... The proceedings ... were measured by the

_square yard_." At last, however, resolutions were adopted.

These resolutions "respectfully requested and entreated" South Carolina

to rescind her Ordinance of Nullification; "respectfully requested and

entreated" Congress to "modify" the tariff; reaffirmed Virginia's faith

in the principles of 1798-99, but held that these principles did not

justify South Carolina's Ordinance or Jackson's Proclamation; and

finally, authorized the appointment of one commissioner to South

Carolina to communicate Virginia's resolutions, expressing at the same

time, however, "our sincere good will to our sister state, and our

anxious solicitude that the kind and respectful recommendations we have

addressed to her, may lead to an accommodation of all the difficulties

between that state and the general government."[1532] Benjamin

Watkins Leigh was unanimously elected to be the ambassador of

accommodation.[1533]

So it came about that South Carolina, anxious to extricate herself from

a perilous situation, yet ready to fight if she could not disentangle

herself with honor, took informal steps toward a peaceful adjustment of

the dispute; and that Jackson and Congress, equally wishing to avoid

armed conflict, were eager to have a tariff enacted that would work a

"reconciliation." On January 26, 1833, at a meeting in Charleston,

attended by the first men of the State of all parties, resolutions,

offered by Hamilton himself, were adopted which, as a practical matter,

suspended the Ordinance of Nullification that was to have gone into

effect on February 1. Vehement, spirited, defiant speeches were made,

all ending, however, in expressions of hope that war might be avoided.

The resolutions were as ferocious as the most bloodthirsty Secessionist

could desire; but they accepted the proposed "beneficial modification of

the tariff," and declared that, "pending the process" of reducing the

tariff, "all ... collision between the federal and state authorities

should be sedulously avoided on both sides."[1534]

The Tariff Bill of 1833--Clay's compromise--resulted. Jackson signed it;

South Carolina was mollified. For the time the storm subsided; but the

net result was that Nullification triumphed[1535]--a National law had

been modified at the threat of a State which was preparing to back up

that threat by force.

Marshall was not deceived. "Have you ever seen anything to equal the

exhibition in Charleston and in the far South generally?" he writes

Story. "Those people pursue a southern league steadily or they are

insane. They have caught at Clay's bill, if their conduct is at all

intelligible, not as a real accommodation, a real adjustment, a real

relief from actual or supposed oppression, but as an apology for

avoiding the crisis and deferring the decisive moment till the other

States of the South will unite with them."[1536] Marshall himself was

for the compromise Tariff of 1833, but not because it afforded a means

of preventing armed collision: "Since I have breathed the air of James

River I think favorably of Clay's bill. I hope, if it can be maintained,

that our manufactures will still be protected by it."[1537]

The "settlement" of the controversy, of course, satisfied nobody,

changed no conviction, allayed no hostility, stabilized no condition.

The South, though victorious, was nevertheless morose, indignant--after

all, the principle of protection had been retained. "The political

world, at least our part of it, is surely moved _topsy turvy_," Marshall

writes Story in the autumn of 1833. "What is to become of us and of our

constitution? Can the wise men of the East answer that question? Those

of the South perceive no difficulty. Allow a full range to state rights

and state sovereignty, and, in their opinion, all will go well."[1538]

Placid as was his nature, perfect as was the co-ordination of his

powers, truly balanced as were his intellect and emotions, Marshall

could not free his mind of the despondency that had now settled upon

him. Whatever the subject upon which he wrote to friends, he was sure to

refer to the woeful state of the country, and the black future it

portended.

Story informed him that an abridged edition of his own two volumes on

the Constitution would soon be published. "I rejoice to hear that the

abridgement of your Commentaries is coming before the public," wrote

Marshall in reply, "and should be still more rejoiced to learn that it

was used in all our colleges and universities. The first impressions

made on the youthful mind are of vast importance; and, most

unfortunately, they are in the South all erroneous. Our young men,

generally speaking, grow up in the firm belief that liberty depends on

construing our Constitution into a league instead of a government; that

it has nothing to fear from breaking these United States into numerous

petty republics. Nothing in their view is to be feared but that bugbear,

consolidation; and every exercise of legitimate power is construed into

a breach of the Constitution. Your book, if read, will tend to remove

these prejudices."[1539]

A month later he again writes Story: "I have finished reading your great

work, and wish it could be read by every statesman, and every would-be

statesman in the United States. It is a comprehensive and an accurate

commentary on our Constitution, formed in the spirit of the original

text. In the South, we are so far gone in political metaphysics, that I

fear no demonstration can restore us to common sense. The word 'State

Rights,' as expounded by the resolutions of '98 and the report of '99,

construed by our legislature, has a charm against which all reasoning

is vain.

"Those resolutions and that report constitute the creed of every

politician, who hopes to rise in Virginia; and to question them, or even

to adopt the construction given by their author [Jefferson] is deemed

political sacrilege. The solemn ... admonitions of your concluding

remarks[1540] will not, I fear, avail as they ought to avail against

this popular frenzy."[1541]

He once more confides to his beloved Story his innermost thoughts and

feelings. Story had sent the Chief Justice a copy of the _New England

Magazine_ containing an article by Story entitled "Statesmen: their

Rareness and Importance," in which Marshall was held up as the true

statesman and the poor quality of the generality of American public men

was set forth in scathing terms.

Marshall briefly thanks Story for the compliment paid him, and

continues: "It is in vain to lament, that the portrait which the author

has drawn of our political and party men, is, in general, true. Lament

it as we may, much as it may wound our vanity or our pride, it is still,

in the main, true; and will, I fear, so remain.... In the South,

political prejudice is too strong to yield to any degree of merit; and

the great body of the nation contains, at least appears to me to

contain, too much of the same ingredient.

"To men who think as you and I do, the present is gloomy enough; and the

future presents no cheering prospect. The struggle now maintained in

every State in the Union seems to me to be of doubtful issue; but should

it terminate contrary to the wishes of those who support the enormous

pretensions of the Executive, should victory crown the exertions of the

champions of constitutional law, what serious and lasting advantage is

to be expected from this result?

"In the South (things may be less gloomy with you) those who support the

Executive do not support the Government. They sustain the personal power

of the President, but labor incessantly to impair the legitimate powers

of the Government. Those who oppose the violent and rash measures of the

Executive (many of them nullifiers, many of them seceders) are generally

the bitter enemies of a constitutional government. Many of them are the

avowed advocates of a league; and those who do not go the whole length,

go great part of the way. What can we hope for in such circumstances? As

far as I can judge, the Government is weakened, whatever party may

prevail. Such is the impression I receive from the language of those

around me."[1542]

During the last years of Marshall's life, the country's esteem for him,

slowly forming through more than a generation, manifested itself by

expressions of reverence and affection. When he and Story attended the

theater, the audience cheered him.[1543] His sentiment still youthful

and tender, he wept over Fanny Kemble's affecting portrayal of Mrs.

Haller in "The Stranger."[1544] To the very last Marshall performed his

judicial duties thoroughly, albeit with a heavy heart. He "looked more

vigorous than usual," and "seemed to revive and enjoy anew his green old

age," testifies Story.[1545]

It is at this period of his career that we get Marshall's account of the

course he pursued toward his malignant personal and political enemy,

Thomas Jefferson. Six years after Jefferson's death,[1546] Major Henry

Lee, who hated that great reformer even more than Jefferson hated

Marshall, wrote the Chief Justice for certain facts, and also for his

opinion of the former President. In his reply Marshall said:

"I have never allowed myself to be irritated by M^r Jeffersons

unprovoked and unjustifiable aspersions on my conduct and principles,

nor have I ever noticed them except on one occasion[1547] when I thought

myself called on to do so, and when I thought that declining to enter

upon my justification might have the appearance of crouching under the

lash, and admitting the justice of its infliction."[1548]

Intensely as he hated Jefferson, attributing to him, as Marshall did,

most of the country's woes, the Chief Justice never spoke a personally

offensive word concerning his radical cousin.[1549] On the other hand,

he never uttered a syllable of praise or appreciation of Jefferson.

Even when his great antagonist died, no expression of sorrow or esteem

or regret or admiration came from the Chief Justice. Marshall could not

be either hypocritical or vindictive; but he could be silent.

Holding to the old-time Federalist opinion that Jefferson's principles

were antagonistic to orderly government; convinced that, if they

prevailed, they would be destructive of the Nation; believing the man

himself to be a demagogue and an unscrupulous if astute and able

politician--Marshall, nevertheless, said nothing about Jefferson to

anybody except to Story, Lee, and Pickering; and, even to these close

friends, he gave only an occasional condemnation of Jefferson's

policies.

The general feeling toward Marshall, especially that of the bench and

bar, during his last two years is not too strongly expressed in Story's

dedication to the Chief Justice of his "Commentaries on the Constitution

of the United States." Marshall had taken keen interest in the

preparation of Story's masterpiece and warned him against haste.

"Precipitation ought carefully to be avoided. This is a subject on which

I am not without experience."[1550]

Story begins by a tribute "to one whose youth was engaged in the arduous

enterprises of the Revolution; whose manhood assisted in framing and

supporting the national Constitution; and whose maturer years have been

devoted to the task of unfolding its powers, and illustrating its

principles." As the expounder of the Constitution, "the common consent

of your countrymen has admitted you to stand without a rival. Posterity

will assuredly confirm, by its deliberate award, what the present age

has approved, as an act of undisputed justice.

"But," continues Story, "I confess that I dwell with even more pleasure

upon the entirety of a life adorned by consistent principles, and filled

up in the discharge of virtuous duty; where there is nothing to regret,

and nothing to conceal; no friendships broken; no confidence betrayed;

no timid surrenders to popular clamor; no eager reaches for popular

favor. Who does not listen with conscious pride to the truth, that the

disciple, the friend, the biographer of Washington, still lives, the

uncompromising advocate of his principles?"[1551]

Excepting only the time of his wife's death, the saddest hours of his

life were, perhaps, those when he opened the last two sessions of the

Supreme Court over which he presided. When, on January 13, 1834, the

venerable Chief Justice, leading his associate justices to their places,

gravely returned the accustomed bow of the bar and spectators, he also,

perforce, bowed to temporary events and to the iron, if erratic, rule of

Andrew Jackson. He bowed, too, to time and death. Justice Washington

was dead, Johnson was fatally ill, and Duval, sinking under age and

infirmity, was about to resign.

Republicans as Johnson and Duval were, they had, generally, upheld

Marshall's Nationalism. Their places must soon be filled, he knew, by

men of Jackson's choosing--men who would yield to the transient public

pressure then so fiercely brought to bear on the Supreme Court. Only

Joseph Story could be relied upon to maintain Marshall's principles. The

increasing tendency of Justices Thompson, McLean, and Baldwin was known

to be against his unyielding Constitutional philosophy. It was more than

probable that, before another year, Jackson would have the opportunity

to appoint two new Justices--and two cases were pending that involved

some of Marshall's dearest Constitutional principles.

The first of these was a Kentucky case[1552] in which almost precisely

the same question, in principle, arose that Marshall had decided in

Craig _vs._ Missouri.[1553] The Kentucky Bank, owned by the State, was

authorized to issue, and did issue, bills which were made receivable for

taxes and other public dues. The Kentucky law furthermore directed that

an endorsement and tender of these State bank notes should, with certain

immaterial modifications, satisfy any judgment against a debtor.[1554]

In short, the Legislature had authorized a State currency--had emitted

those bills of credit, expressly forbidden by the National Constitution.

Another case, almost equally important, came from New York.[1555] To

prevent the influx of impoverished foreigners, who would be a charge

upon the City of New York, the Legislature had enacted that the masters

of ships arriving at that port should report to the Mayor all facts

concerning passengers. The ship captain must remove those whom the Mayor

decided to be undesirable.[1556] It was earnestly contended that this

statute violated the commerce clause of the Constitution.

Both cases were elaborately argued; both, it was said, had been settled

by former decisions--the Kentucky case by Craig _vs._ Missouri, the New

York case by Gibbons _vs._ Ogden and Brown _vs._ Maryland. The court was

almost equally divided. Thompson, McLean, and Baldwin thought the

Kentucky and New York laws Constitutional; Marshall, Story, Duval, and

Johnson believed them invalid. But Johnson was absent because of his

serious illness. No decision, therefore, was possible.

Marshall then announced a rule of the court, hitherto unknown by the

public: "The practice of this court is not (except in cases of absolute

necessity) to deliver any judgment in cases where constitutional

questions are involved, unless four judges concur in opinion, thus

making the decision that of a majority of the whole court. In the

present cases four judges do not concur in opinion as to the

constitutional questions which have been argued. The court therefore

direct these cases to be re-argued at the next term, under the

expectation that a larger number of the judges may then be

present."[1557]

The next term! When, on January 12, 1835, John Marshall for the last

time presided over the Supreme Court of the United States, the

situation, from his point of view, was still worse. Johnson had died and

Jackson had appointed James M. Wayne of Georgia in his place. Duval had

resigned not long before the court convened, and his successor had not

been named. Again the New York and Kentucky cases were continued, but

Marshall fully realized that the decision of them must be in opposition

to his firm and pronounced views.[1558]

[Illustration: Associate Justices at the last session of the Supreme

Court over which John Marshall presided: McLEAN, THOMPSON, STORY, WAYNE,

BALDWIN]

It is doubtful whether history shows more than a few examples of an aged

man, ill, disheartened, and knowing that he soon must die, who

nevertheless continued his work to the very last with such scrupulous

care as did Marshall. He took active part in all cases argued and

decided and actually delivered the opinion of the court in eleven of the

most important.[1559] None of these are of any historical interest; but

in all of them Marshall was as clear and vigorous in reasoning and style

as he had been in the immortal Constitutional opinions delivered at the

height of his power. The last words Marshall ever uttered as Chief

Justice sparkle with vitality and high ideals. In Mitchel _et al. vs._

The United States,[1560] a case involving land titles in Florida, he

said, in ruling on a motion to continue the case: "Though the hope of

deciding causes to the mutual satisfaction of parties would be

chimerical, that of convincing them that the case has been fully and

fairly considered ... may be sometimes indulged. Even this is not

always attainable. In the excitement produced by ardent controversy,

gentlemen view the same object through such different media that minds,

not infrequently receive therefrom precisely opposite impressions. The

Court, however, must see with its own eyes, and exercise its own

judgment, guided by its own reason."[1561]

At last Marshall had grave intimations that his life could not be

prolonged. Quite suddenly his health declined, although his mind was as

strong and clear as ever. "Chief Justice Marshall still possesses his

intellectual powers in very high vigor," writes Story during the last

session of the Supreme Court over which his friend and leader presided.

"But his physical strength is manifestly on the decline; and it is now

obvious, that after a year or two, he will resign, from the pressing

infirmities of age.... What a gloom will spread over the nation when he

is gone! His place will not, nay, it cannot be supplied."[1562]

As the spring of 1835 ripened into summer, Marshall grew weaker. "I pray

God," wrote Story in agonies of apprehension, "that he may long live to

bless his country; but I confess that I have many fears whether he can

be long with us. His complaints are, I am sure, incurable, but I suppose

that they may be alleviated, unless he should meet with some accidental

cold or injury to aggravate them. Of these, he is in perpetual danger,

from his imprudence as well as from the natural effects of age."[1563]

In May, 1835, Kent went to Richmond in order to see Marshall, whom "he

found very emaciated, feeble & dangerously low. He injured his Spine by

a Post Coach fall & oversetting.... He ... made me _Promise to see him

at Washington next Winter_."[1564]

Kent wrote Jeremiah Smith of New Hampshire that Marshall must soon die.

Smith was overwhelmed with grief "because his life, at this time

especially, is of incalculable value." Marshall's "views ... of our

national affairs" were those of Smith also. "Perfectly just in

themselves they now come to us confirmed by the dying attestation of one

of the greatest and best of men."[1565]

Marshall's "incurable complaint," which so distressed Story, was a

disease of the liver.[1566] Finding his health failing, he again

repaired to Philadelphia for treatment by Dr. Physick. When informed

that the prospects for his friend's recovery were desperate, Story was

inconsolable. "Great, good and excellent man!" he wrote. "I shall never

see his like again! His gentleness, his affectionateness, his glorious

virtues, his unblemished life, his exalted talents, leave him without a

rival or a peer."[1567]

At six o'clock in the evening of Monday, July 6, 1835, John Marshall

died, in his eightieth year, in the city where American Independence was

proclaimed and the American Constitution was born--the city which, a

patriotic soldier, he had striven to protect and where he had received

his earliest national recognition. Without pain, his mind as clear and

strong as ever, he "met his fate with the fortitude of a Philosopher,

and the resignation of a Christian," testifies Dr. Nathaniel Chapman,

who was present.[1568] By Marshall's direction, the last thing taken

from his body after he expired was the locket which his wife had hung

about his neck just before she died.[1569] The morning after his death,

the bar of Philadelphia met to pay tribute to Marshall, and at half-past

five of the same day a town meeting was held for the same purpose.[1570]

Immediately afterward, his body was sent by boat to Richmond. The bench,

bar, and hundreds of citizens of Philadelphia accompanied the funeral

party to the vessel. During the voyage a transfer was made to another

craft.[1571] A committee, consisting of Major-General Winfield Scott, of

the United States Army, Henry Baldwin, Associate Justice of the Supreme

Court, Richard Peters, formerly Judge for the District of Pennsylvania,

John Sergeant, Edward D. Ingraham, and William Rawle, of the

Philadelphia bar, went to Richmond.

In the late afternoon of July 9, 1835, the steamboat Kentucky, bearing

Marshall's body, drew up at the Richmond wharf. Throughout the day the

bells had been tolling, the stores were closed, and, as the vessel came

within sight, a salute of three guns was fired. All Richmond assembled

at the landing. An immense procession marched to Marshall's house,[1572]

where he had requested that his body be first taken, and then to the

"New Burying Ground," on Shockoe Hill. There Bishop Richard Channing

Moore of the Episcopal Church read the funeral service, and John

Marshall was buried by the side of his wife.

When his ancient enemy and antagonist, the Richmond _Enquirer_,

published the news of Marshall's death, it expressed briefly its true

estimate of the man. It would be impossible, said the _Enquirer_, to

over-praise Marshall's "brilliant talents." It would be "a more grateful

incense" to his memory to say "that he was as much beloved as he was

respected.... There was about him so little of 'the insolence of

office,' and so much of the benignity of the man, that his presence

always produced ... the most delightful impressions. There was something

irresistibly winning about him." Strangers could hardly be persuaded

that "in the plain, unpretending ... man who told his anecdote and

enjoyed the jest--they had been introduced to the Chief Justice of the

United States, whose splendid powers had filled such a large space in

the eye of mankind."[1573]

The Richmond _Whig and Public Advertiser_ said that "no man has lived or

died in this country, save its father George Washington alone, who

united such a warmth of affection for his person, with so deep and

unaffected a respect for his character, and admiration for his great

abilities. No man ever bore public honors with so meek a dignity ... It

is hard ... to conceive of a more perfect character than his, for who

can point to a vice, scarcely to a defect--or who can name a virtue that

did not shine conspicuously in his life and conduct?"[1574]

The day after the funeral the citizens of Richmond gathered at and about

the Capitol, again to honor the memory of their beloved neighbor and

friend. The resolutions, offered by Benjamin Watkins Leigh, declared

that the people of Richmond knew "better than any other community can

know" Marshall's private and public "virtues," his "wisdom,"

"simplicity," "self-denial," "unbounded charity," and "warm benevolence

towards all men." Since nothing they can say can do justice to "such a

man," the people of Richmond "most confidently trust, to History alone,

to render due honors to his memory, by a faithful and immortal record of

his wisdom, his virtues and his services."[1575]

All over the country similar meetings were held, similar resolutions

adopted. Since the death of Washington no such universal public

expressions of appreciation and sorrow had been witnessed.[1576] The

press of the country bore laudatory editorials and articles. Even

Hezekiah Niles, than whom no man had attacked Marshall's Nationalist

opinions more savagely, lamented his death, and avowed himself unequal

to the task of writing a tribute to Marshall that would be worthy of the

subject. "'A great man has fallen in Israel,'" said Niles's _Register_.

"Next to WASHINGTON, only, did he possess the reverence and homage of

the heart of the American people."[1577]

One of the few hostile criticisms of Marshall's services appeared in the

_New York Evening Post_ over the name of "Atlantic."[1578] This paper

had, by now, departed from the policy of its Hamiltonian founder.

"Atlantic" said that Marshall's "political doctrines ... were of the

ultra federal or aristocratic kind.... With Hamilton" he "distrusted the

virtue and intelligence of the people, and was in favor of a strong and

vigorous General Government, at the expense of the rights of the States

and of the people." While he was "sincere" in his beliefs and "a good

and exemplary man" who "truly loved his country ... he has been, all his

life long, a stumbling block ... in the way of democratic principles....

His situation ... at the head of an important tribunal, constituted in

utter defiance of the very first principles of democracy, has always

been ... an occasion of lively regret. That he is at length removed from

that station is a source of satisfaction."[1579]

The most intimate and impressive tributes came, of course, from

Virginia. Scarcely a town in the State that did not hold meetings, hear

orations, adopt resolutions. For thirty days the people of Lynchburg

wore crape on the arm.[1580] Petersburg honored "the Soldier, the

Orator, the Patriot, the Statesman, the Jurist, and above all, the good

and virtuous man."[1581] Norfolk testified to his "transcendent ability,

perfect integrity and pure patriotism."[1582] For weeks the Virginia

demonstrations continued. That at Alexandria was held five weeks after

his death. "The flags at the public square and on the shipping were

displayed at half mast; the bells were tolled ... during the day, and

minute guns fired by the Artillery"; there was a parade of military

companies, societies and citizens, and an oration by Edgar

Snowden.[1583]

The keenest grief of all, however, was felt by Marshall's intimates of

the Quoit Club of Richmond. Benjamin Watkins Leigh proposed, and the

club resolved, that, as to the vacancy caused by Marshall's death,

"there should be no attempt to fill it ever; but that the number of the

club should remain one less than it was before his death."[1584]

[Illustration: _The Grave of John Marshall_]

Story composed this "inscription for a cenotaph":

"To Marshall reared--the great, the good, the wise;

Born for all ages, honored in all skies;

His was the fame to mortals rarely given,

Begun on earth, but fixed in aim on heaven.

Genius, and learning, and consummate skill,

Moulding each thought, obedient to the will;

Affections pure, as e'er warmed human breast,

And love, in blessing others, doubly blest;

Virtue unspotted, uncorrupted truth,

Gentle in age, and beautiful in youth;--

These were his bright possessions. These had power

To charm through life and cheer his dying hour.

Are these all perished? No! but snatched from time,

To bloom afresh in yonder sphere sublime.

Kind was the doom (the fruit was ripe) to die,

Mortal is clothed with immortality."[1585]

Upon his tomb, however, were carved only the words he himself wrote for

that purpose two days before he died, leaving nothing but the final date

to be supplied:

JOHN MARSHALL

The son of Thomas and Mary Marshall

Was born on the 24th of

September, 1755; intermarried

with Mary Willis Ambler

the 3d of January, 1783;

departed this life the 6th day

of July, 1835.

FOOTNOTES:

[1390] Marshall to Story, June 26, 1831, _Proceedings, Mass. Hist. Soc.

2d_ Series, XIV, 344-45.

[1391] Same to same, Oct. 12, 1831, _ib._ 346-48.

[1392] Marshall to Story, Oct. 12, 1831, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 347. A rumor finally got about that Marshall

contemplated resigning. (See Niles, XL, 90.)

[1393] The resolutions of the bar had included the same idea, and

Marshall emphasized it by reiterating it in his response.

[1394] Hazard's _Pennsylvania Register_, as quoted in Dillon, III,

430-33. The artist referred to was either Thomas Sully, or Henry Inman,

who had studied under Sully. During the following year, Inman painted

the portrait and it was so excellent that it brought the artist his

first general recognition. The original now hangs in the rooms of the

Philadelphia Law Association. A reproduction of it appears as the

frontispiece of this volume.

[1395] Randolph: _A Memoir on the Life and Character of Philip Syng

Physick, M.D._ 97-99.

[1396] Marshall to Story, Nov. 10, 1831, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 348-49.

[1397] Story to Peters, Oct. 29, 1831, Story, II, 70.

[1398] Marshall to his wife, Oct. 6, 1831, MS.

[1399] This is the only indication in any of Marshall's letters that his

wife had written him.

[1400] Mrs. Marshall had a modest fortune of her own, bequeathed to her

by her uncle. She invested this quite independently of her husband.

(Leigh to Biddle, Sept. 7, 1837, McGrane, 289.)

[1401] Marshall to his wife, Nov. 8, 1831, MS.

[1402] Terhune, 98. This locket is now in the possession of Marshall's

granddaughter, Miss Emily Harvie of Richmond.

[1403] Story to his wife, March 4, 1832, Story, II, 86-87.

Soon after the death of his wife, Marshall made his will "entirely in

[his] ... own handwriting." A more informal document of the kind seldom

has been written. It is more like a familiar letter than a legal paper;

yet it is meticulously specific. "I owe nothing on my own account," he

begins. (He specifies one or two small obligations as trustee for women

relatives and as surety for "considerable sums" for his son-in-law,

Jacquelin B. Harvie.) The will shows that he owns bank and railroad

stock and immense quantities of land. He equally divides his property

among his children, making special provision that the portion of his

daughter Mary shall be particularly safeguarded.

One item of the will is curious: "I give to each of my grandsons named

John one thousand acres, part of my tract of land called Canaan lying in

Randolph county. If at the time of my death either of my sons should

have no son living named John, then I give the thousand acres to any son

he may have named Thomas, in token for my love for my father and

veneration for his memory. If there should be no son named John or

Thomas, then I give the land to the eldest son and if no sons to the

daughters."

He makes five additions to his will, three of which he specifically

calls "codicils." One of these is principally "to emancipate my faithful

servant Robin and I direct his emancipation if he _chuses_ to conform to

the laws on that subject, requiring that he should leave the state or if

permission can be obtained for his continuing to reside in it." If Robin

elects to go to Liberia, Marshall gives him one hundred dollars. "If he

does not go there I give him fifty dollars." In case it should be found

"impracticable to liberate" Robin, "I desire that he may choose his

master among my sons, or if he prefer my daughter that he may be held in

trust for her and her family as is the other property bequeathed in

trust for her, and that he may always be treated as a faithful and

meritorious servant." (Will and Codicils of John Marshall, Records of

Henrico County, Richmond, and Fauquier County, Warrenton, Virginia.)

[1404] Meade, II, footnote to 222. It would seem that Marshall showed

this tribute to no one during his lifetime except, perhaps, to his

children. At any rate, it was first made public in Bishop Meade's book

in 1857.

[1405] Statements to the author by Miss Elizabeth Marshall of "Leeds

Manor," and by Judge J. K. N. Norton of Alexandria, Va.

[1406] Statement to the author by Miss Emily Harvie. Most of Marshall's

letters to Story during these years were written from Richmond.

[1407] Story to Sumner, Feb. 6, 1833, Story, II, 120.

[1408] See _infra_, 540-51.

[1409] See Catterall, 407, 421-22, 467; and see especially Parton:

_Jackson_, III, 257-58.

[1410] Catterall, Appendix IX, 508.

[1411] _Ib._ chaps. V and VII. Biddle was appointed director of the Bank

by President Monroe in 1819, and displayed such ability that, in 1823,

he was elected president of the institution. Not until he received

information that Jackson was hostile to the Bank did Biddle begin the

morally wrong and practically unwise policy of loaning money without

proper security to editors and members of Congress.

[1412] Parton: _Jackson_, III, 260.

[1413] Richardson, II, 462.

[1414] _Ib._ 528-29

[1415] See Catterall, 235. For account of the fight for the Bank Bill

see _ib._ chap. X.

[1416] Richardson, II, 580-82.

[1417] _Ib._ 582-83.

[1418] Richardson, II, 584.

[1419] Jackson's veto message was used with tremendous effect in the

Presidential campaign of 1832. There cannot be the least doubt that the

able politicians who managed Jackson's campaign and, indeed, shaped his

Administration, designed that the message should be put to this use.

These politicians were William B. Lewis, Amos Kendall, Martin Van Buren,

and Samuel Swartwout.

[1420] Richardson, II, 590-91.

[1421] Marshall to Story, Aug. 2, 1832, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 349-51.

[1422] Richardson, II, 638. There was a spirited contest in the House

over this bill. (See _Debates_, 22d Cong. 1st Sess. 2438-44, 3248-57,

3286.) It reached the President at the end of the session, so that he

had only to refuse to sign it, in order to kill the measure.

[1423] In fact Jackson did send a message to Congress on December 6,

1832, explaining his reasons for having let the bill die. (Richardson,

II, 638-39.)

[1424] Marshall to Story, Aug. 2, 1832, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 350.

[1425] Marshall to Story, Dec. 3, 1834, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 359.

The outspoken and irritable Kent expressed the conservatives' opinion of

Jackson almost as forcibly as Ames stated their views of Jefferson: "I

look upon Jackson as a detestable, ignorant, reckless, vain and

malignant Tyrant.... This American Elective Monarchy frightens me. The

Experiment, with its foundations laid on universal Suffrage and an

unfettered and licentious Press is of too violent a nature for our

excitable People. We have not in our large cities, if we have in our

country, moral firmness enough to bear it. _It racks the machine too

much._" (Kent to Story, April 11, 1834, Story MSS. Mass. Hist. Soc.) In

this letter Kent perfectly states Marshall's convictions, which were

shared by nearly every judge and lawyer in America who was not "in

politics."

[1426] See _supra_, 420.

[1427] _Annals_, 18th Cong. 1st Sess. 2097.

[1428] _Annals_, 18th Cong. 1st Sess. 2163.

[1429] _Ib._ 2208.

[1430] _Debates_, 20th Cong. 1st Sess. 746.

[1431] _Ib._ 2431.

[1432] _Ib._ 2434.

[1433] _Ib._ 2435.

[1434] _Debates_, 20th Cong. 1st Sess. 2437.

[1435] This was the plan of George McDuffie. Calhoun approved it.

(Houston: _A Critical Study of Nullification in South Carolina_, 70-71.)

[1436] _Ib._

[1437] _Ib._ 75.

[1438] Calhoun's "Exposition" was reported by a special committee of the

South Carolina House of Representatives on December 19, 1828. It was not

adopted, however, but was printed, and is included in _Statutes at Large

of South Carolina_, edited by Thomas Cooper, I, 247-73.

[1439] Jefferson to Giles, Dec. 26, 1825, _Works_: Ford, XII, 425-26.

[1440] Niles, XXV, 48.

[1441] See Phillips: _Georgia and State Rights_, in _Annual Report, Am.

Hist. Ass'n_ (1901), II, 71.

[1442] Resolution of Dec. 27, 1827, _Laws of Georgia, 1827_, 249; and

see Phillips, 72.

[1443] Act of Dec. 20, _Laws of Georgia, 1828_, 88-89.

[1444] Parton: _Jackson_, III, 272.

[1445] Phillips, 72.

[1446] Act of Dec. 22, _Laws of Georgia, 1830_, 114-17.

[1447] Act of Dec. 23, _ib._ 118; Dec. 21, _ib._ 127-43; Dec. 22, _ib._

145-46

[1448] Wirt to Carr, June 21, 1830, Kennedy, II, 292-93.

[1449] See _Debates_, 21st Cong. 1st Sess. 309-57, 359-67, 374-77,

994-1133. For the text of this bill as it passed the House see _ib._

1135-36. It became a law May 28, 1830. (_U.S. Statutes at Large_, IV,

411.) For an excellent account of the execution of this measure see

Abel: _The History of the Events Resulting in Indian Consolidation West

of the Mississippi River, Annual Report, Am. Hist. Ass'n_, 1906, I,

381-407. This essay, by Dr. Anne Héloise Abel, is an exhaustive and

accurate treatment of the origin, development, and execution of the

policy pursued by the National and State Governments toward the Indians.

Dr. Abel attaches a complete bibliography and index to her brochure.

[1450] 5 Peters, 1.

[1451] Marshall to Carr, 1830, Kennedy, II, 296-97.

As a young man Marshall had thought so highly of Indians that he

supported Patrick Henry's plan for white amalgamation with them. (See

vol. I, 241, of this work.) Yet he did not think our general policy

toward the Indians had been unwise. They were, he wrote Story, "a fierce

and dangerous enemy whose love of war made them sometimes the

aggressors, whose numbers and habits made them formidable, and whose

cruel system of warfare seemed to justify every endeavour to remove them

to a distance from civilized settlements. It was not until after the

adoption of our present government that respect for our own safety

permitted us to give full indulgence to those principles of humanity and

justice which ought always to govern our conduct towards the aborigines

when this course can be pursued without exposing ourselves to the most

afflicting calamities. That time, however, is unquestionably arrived,

and every oppression now exercised on a helpless people depending on our

magnanimity and justice for the preservation of their existence

impresses a deep stain on the American character. I often think with

indignation on our disreputable conduct (as I think) in the affair of

the Creeks of Georgia." (Marshall to Story, Oct. 29, 1829, _Proceedings,

Mass. Hist. Soc._ 2d Series, XIV, 337-38.)

[1452] Niles, XXXIX, 338.

[1453] _Ib._ 353.

[1454] _Memoirs, J. Q. A._: Adams, VIII, 262-63.

[1455] The argument for the Cherokee Nation was made March 12 and 14,

1831.

[1456] 5 Peters, 15.

[1457] 5 Peters, 16-17.

[1458] _Ib._ 17-18.

[1459] 5 Peters, 20. Justice Smith Thompson dissented in an opinion of

immense power in which Story concurred. These two Justices maintained

that in legal controversies, such as that between the Cherokees and

Georgia, the Indian tribe must be treated as a foreign nation. (_Ib._

50-80.)

Thompson's opinion was as Nationalist as any ever delivered by Marshall.

It well expressed the general opinion of the North, which was vigorously

condemnatory of Georgia as the ruthless despoiler of the rights of the

Indians and the robber of their lands.

[1460] See _supra_, 121-25.

[1461] Phillips, 79.

[1462] See McMaster, VI, 47-50.

[1463] Phillips, 81.

[1464] _Ib._ 80-81.

[1465] 6 Peters, 534-35.

[1466] Story to his wife, Feb. 26, 1832, Story, II, 84.

[1467] 6 Peters, 536.

[1468] _Ib._ 537-42.

[1469] _Ib._ 542.

[1470] _Ib._ 542-61

[1471] See vol. III, 504-13, of this work.

[1472] 6 Peters, 561-63.

[1473] Story to Ticknor, March 8, 1832, Story, II, 83.

[1474] Lumpkin's Message to the Legislature, Nov. 6, 1832, as quoted in

Phillips, 82.

[1475] Greeley: _The American Conflict_, I, 106; and see Phillips, 80.

[1476] When the Georgia Legislature first met after the decision of the

Worcester case, acts were passed to strengthen the lottery and

distribution of Cherokee lands (Acts of Nov. 14, 22, and Dec. 24, 1832,

_Laws of Georgia, 1832_, 122-25, 126, 127) and to organize further the

Cherokee territory under the guise of protecting the Indians. (Act of

Dec. 24, 1832, _ib_. 102-05.) Having demonstrated the power of the State

and the impotence of the highest court of the Nation, the Governor of

Georgia, one year after Marshall delivered his opinion, pardoned

Worcester and Butler, but not without protests from the people.

Two years later, Georgia's victory was sealed by a final successful

defiance of the Supreme Court. One James Graves was convicted of murder;

a writ of error was procured from the Supreme Court; and a citation

issued to Georgia as in the case of George Tassels. The high spirit of

the State, lifted still higher by three successive triumphs over the

Supreme Court, received the order with mingled anger and derision.

Governor Lumpkin threatened secession: "Such attempts, if persevered in,

will eventuate in the dismemberment and overthrow of our great

confederacy," he told the Legislature. (Governor Lumpkin's Special

Message to the Georgia Legislature, Nov. 7, 1834, as quoted in Phillips,

84.)

The Indians finally were forced to remove to the Indian Territory. (See

Phillips, 83.) Worcester went to his Vermont home.

[1477] _Debates_, 21st Cong. 1st Sess. 58. The debate between Webster

and Hayne occurred on a resolution offered by Senator Samuel Augustus

Foot of Connecticut, "that the Committee on Public Lands be instructed

to inquire into the expediency of limiting for a certain period the

sales of public lands," etc. (_Ib._ 11.) The discussion of this

resolution, which lasted more than three months (see _ib._ 11-302),

quickly turned to the one great subject of the times, the power of the

National Government and the rights of the States. It was on this

question that the debate between Webster and Hayne took place.

[1478] _Ib._ 64. Compare with Marshall's language in Cohens _vs._

Virginia, _supra_, 355.

[1479] _Debates_, 21st Cong. 1st Sess. 73.

[1480] See Marshall's statement of this principle, _supra_, 293, 355.

[1481] _Debates_, 21st Cong. 1st Sess. 74.

This was the Constitutional theory of the Nationalists. As a matter of

fact, it was not, perhaps, strictly true. There can be little doubt that

a majority of the people did not favor the Constitution when adopted by

the Convention and ratified by the States. Had manhood suffrage existed

at that time, and had the Constitution been submitted directly to the

people, it is highly probable that it would have been rejected. (See

vol. I, chaps, IX-XII, of this work.)

[1482] _Debates_, 21st Cong. 1st Sess. 76. See chap, III, vol. III, of

this work.

[1483] _Debates_, 21st Cong. 1st Sess. 78.

[1484] _Ib._ See Marshall's opinion in Cohens _vs._ Virginia, _supra_,

347-57.

[1485] _Debates_, 21st Cong. 1st Sess. 80.

[1486] Niles, XXXIX, 118.

[1487] _Ib._ 330.

[1488] _Debates_, 21st Cong. 1st Sess. 287.

[1489] _Ib._ 285.

[1490] Marshall to Johnston, May 22, 1830, MSS. "Society Collection,"

Pa. Hist. Soc.

[1491] Madison to Everett, Aug. 28, 1830, _Writings_: Hunt, IX, 383-403.

[1492] _North American Review_ (1830), XXXI, 537-46.

[1493] Marshall to Story, Oct. 15, 1830, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 342-43.

[1494] Jackson to the Committee, June 14, 1831, Niles, XL, 351.

[1495] _State Doc. Fed. Rel._: Ames, 167-68.

[1496] Marshall to Story, Aug. 2, 1832, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 350.

[1497] Same to same, Sept. 22, 1832, _ib._ 351-52.

[1498] Niles, XLII, 387.

[1499] _Ib._ 388.

[1500] Under Act of Oct. 26, 1832, _Statutes at Large of South

Carolina_: Cooper, I, 309-10.

[1501] _Statutes at Large of South Carolina_: Cooper, I, 329-31.

[1502] _Ib._ 434-45.

[1503] _Ib._ 444-45; also Niles, XLIII, 219-20.

[1504] Marshall to Peters, Dec. 3, 1832, Peters MSS. Pa. Hist. Soc.

[1505] See _supra_, footnote to 115.

[1506] Richardson, II, 640-56; Niles, XLIII, 260-64.

[1507] Story to his wife, Jan. 27, 1838, Story, II, 119.

[1508] Niles, XLIII, 266-67.

[1509] _Ib._ 287.

[1510] _Ib._

[1511] _Statutes at Large of South Carolina_: Cooper, I, 355.

[1512] _Ib._ 356-57.

[1513] _Statutes at Large of South Carolina_: Cooper, I, 362.

[1514] _Ib._ 360.

[1515] _Ib._ 370.

[1516] December 20, the same day that Hayne's Proclamation appeared.

[1517] _Statutes at Large of South Carolina_: Cooper, I, 271-74.

[1518] _Ib._ VIII, 562-64.

[1519] _Ib._ 562-98.

[1520] Parton: _Jackson_, III, 460-61, 472; Bassett: _Life of Andrew

Jackson_, 564; MacDonald: _Jacksonian Democracy_, 156.

[1521] Parton: _Jackson_, III, 459.

[1522] Niles, XLIII, 312.

[1523] _Ib._ 332.

[1524] Parton: _Jackson_, III, 472.

[1525] Richardson, II, 598-99.

[1526] Niles, XLIII, 275.

[1527] _Ib._

[1528] _Ib._ 276.

[1529] Niles, XLIII, 394-96. The resolutions, as adopted, provided for

only one commissioner. (See _infra_, 573.)

[1530] _Writings and Speeches of Daniel Webster_ (Nat. ed.) XIII, 40-42.

[1531] Marshall to Story, Dec. 25, 1832, _Proceedings_, _Mass. Hist.

Soc._ 2d Series, XIV, 352-54.

[1532] Niles, XLIII, 396-97; also _Statutes at Large of South Carolina_:

Cooper, I, 381-83.

[1533] Niles, XLIII, 397. For the details of Leigh's mission see _ib._

377-93; also _Statutes at Large of South Carolina_: Cooper, I, 384-94.

[1534] Niles, XLIII, 380-82.

[1535] See Parton: _Jackson_, III, 475-82.

[1536] Marshall to Story, April 24, 1833, _Proceedings, Mass. Hist.

Soc._ 2d Series, XIV, 356-57.

[1537] _Ib._

[1538] Same to same, Nov. 16, 1833, _ib._ 358.

[1539] Marshall to Story, June 3, 1833, _Proceedings, Mass. Hist. Soc._

2d Series, XIV, 358.

[1540] Story ends his _Commentaries on the Constitution of the United

States_ by a fervent, passionate, and eloquent appeal for the

preservation, at all hazards, of the Constitution and the Union.

[1541] Marshall to Story, July 31, 1833, Story, II, 135-36.

[1542] Marshall to Story, Oct. 6, 1834, Story, II, 172-73.

[1543] Story to his wife, Jan. 20, 1833, _ib._ 116.

[1544] _Ib._ 117.

[1545] Story to his wife, Jan. 20, 1833, Story, II, 116.

[1546] July 4, 1826.

[1547] Jefferson's attacks on Marshall in the X. Y. Z. affair. (See vol.

II, 359-63, 368-69, of this work.)

[1548] Marshall to Major Henry Lee, Jan. 20, 1832, MSS. Lib. Cong. In no

collection, but, with a few unimportant letters, in a portfolio marked

"M," sometimes referred to as "Marshall Papers."

[1549] _Green Bag_, VIII, 463.

[1550] Marshall to Story, July 3, 1829, _Proceedings, Mass. Hist Soc._

2d Series, XIV, 340.

[1551] Story to Marshall, January, 1833, Story, II, 132-33. This letter

appears in Story's _Commentaries on the Constitution_, immediately after

the title-page of volume I.

Story's perfervid eulogium did not overstate the feeling--the

instinct--of the public. Nathan Sargent, that trustworthy writer of

reminiscences, testifies that, toward the end of Marshall's life, his

name had "become a household word with the American people implying

greatness, purity, honesty, and all the Christian virtues." (Sargent, I,

299.)

[1552] Briscoe _vs._ The Commonwealth's Bank of the State of Kentucky, 8

Peters, 118 _et seq._

[1553] See _supra_, 509-13.

[1554] Act of Dec. 25, _Laws of Kentucky, 1820_, 183-88.

[1555] The Mayor, Aldermen and Commonalty of the City of New York _vs._

Miln, 8 Peters, 121 _et seq._

[1556] 11 Peters, 104. This was the first law against unrestricted

immigration.

[1557] 8 Peters, 122.

[1558] These cases were not decided until 1837, when Roger Brooke Taney

of Maryland took his seat on the bench as Marshall's successor. Philip

Pendleton Barbour of Virginia succeeded Duval. Of the seven Justices,

only one disciple of Marshall remained, Joseph Story.

In the New York case the court held that the State law was a local

police regulation. (11 Peters, 130-43; 144-53.) Story dissented in a

signally able opinion of almost passionate fervor.

"I have the consolation to know," he concludes, "that I had the entire

concurrence ... of that great constitutional jurist, the late Mr. Chief

Justice Marshall. Having heard the former arguments, his deliberate

opinion was that the act of New York was unconstitutional, and that the

present case fell directly within the principles established in the case

of Gibbons v. Ogden." (_Ib._ 153-61.)

In the Kentucky Bank case, decided immediately after the New York

immigrant case, Marshall's opinion in Craig _vs._ Missouri was

completely repudiated, although Justice McLean, who delivered the

opinion of the court (_ib._ 311-28), strove to show that the judgment

was within Marshall's reasoning.

Story, of course, dissented, and never did that extraordinary man write

with greater power and brilliancy. When the case was first argued in

1834, he said, a majority of the court "were decidedly of the opinion"

that the Kentucky Bank Law was unconstitutional. "In principle it was

thought to be decided by the case of Craig v. The State of Missouri."

Among that majority was Marshall--"a name never to be pronounced without

reverence." (_Ib._ 328.)

In closing his great argument, Story says that the frankness and fervor

of his language are due to his "reverence and affection" for Marshall.

"I have felt an earnest desire to vindicate his memory.... I am sensible

that I have not done that justice to his opinion which his own great

mind and exalted talents would have done. But ... I hope that I have

shown that there were solid grounds on which to rest his exposition of

the Constitution. _His saltem accumulem donis, et fungar inani munere._"

(11 Peters, 350.)

[1559] Lessee of Samuel Smith _vs._ Robert Trabue's Heirs, 9 Peters,

4-6; U.S. _vs._ Nourse, _ib._ 11-32; Caldwell _et al. vs._ Carrington's

Heirs, _ib._ 87-105; Bradley _vs._ The Washington, etc. Steam Packet Co.

_ib._ 107-16; Delassus _vs._ U.S. _ib._ 118-36; Chouteau's Heirs _vs._

U.S. _ib._ 137-46; U.S. _vs._ Clarke, _ib._ 168-70; U.S. _vs._. Huertas,

_ib._ 171-74; Field et _al. vs._ U.S. _ib._ 182-203; Mayor, etc. of New

Orleans _vs._ De Armas and Cucullo, _ib._. 224-37; Life and Fire Ins.

Co. of New York _vs._ Adams, _ib._ 571-605.

[1560] _Ib._ 711-63.

[1561] 9 Peters, 723.

[1562] Story to Fay, March 2, 1835, Story, II, 193.

[1563] Story to Peters, May 20, 1835, _ib._ 194.

[1564] Kent's Journal, May 16, 1835, Kent MSS. Lib. Cong.

[1565] Smith to Kent, June 13, 1835, Kent MSS. Lib. Cong.

[1566] Randolph: _Physick_, 100-01.

[1567] Story to Peters, June 19, 1835, Story, II, 199-200.

[1568] Chapman to Brockenbrough, July 6, 1835, quoted in the Richmond

_Enquirer_, July 10, 1835. Marshall died "at the Boarding House of Mrs.

Crim, Walnut street below Fourth." (Philadelphia _Inquirer_, July 7,

1835.) Three of Marshall's sons were with him when he died. His eldest

son, Thomas, when hastening to his father's bedside, had been killed in

Baltimore by the fall upon his head of bricks from a chimney blown down

by a sudden and violent storm. Marshall was not informed of his son's

death.

[1569] Terhune, 98.

[1570] Philadelphia _Inquirer_, July 7, 1835.

[1571] Niles, XLVIII, 322.

[1572] Richmond _Enquirer_ July 10, 1835.

[1573] _Ib._

[1574] Richmond _Whig and Public Advertiser_, July 10, 1835.

[1575] Richmond _Enquirer_, July 14, 1835.

[1576] See Sargent, I, 299. If the statements in the newspapers and

magazines of the time are to be trusted, even the death of Jefferson

called forth no such public demonstrations as were accorded Marshall.

[1577] Niles, XLVIII, 321.

[1578] Undoubtedly William Leggett, one of the editors. See Leggett: _A

Collection of Political Writings_, II, 3-7.

[1579] As reprinted in _Richmond Whig and Public Advertiser_, July 14,

1835.

[1580] Richmond _Enquirer_, July 21, 1835.

[1581] _Ib._

[1582] _Ib._ July 17, 1835.

[1583] Alexandria _Gazette_, Aug. 13, 1835, reprinted in the Richmond

_Enquirer_, Aug. 21, 1835.

[1584] Magruder: _John Marshall_, 282.

[1585] Story, II, 206.

THE END

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Supreme Court of the United States. Baltimore. 1872.

UNITED STATES CONGRESS. Debates and Proceedings in the Congress of the

United States. First Congress, First Session, to eighteenth Congress,

First Session; Mar. 3, 1789 to May 27, 1824. [Known as the Annals of

Congress.] 42 vols. Washington. 1834-56. (_Annals._)

---- Register of Debates. Eighteenth Congress, Second

Session--Twenty-fifth Congress, First Session. 29 vols. Washington.

1825-37. (_Debates._)

---- Laws of the United States of America. 5 vols. Washington. 1816.

---- Statutes at Large.

UNITED STATES SUPREME COURT. Reports of Cases adjudged. _University of

Pennsylvania Law Review and American Law Register._

VAN SANTVOORD, GEORGE. Sketches of the Lives and Judicial Services of

the Chief-Justices of the Supreme Court of the United States. New York.

1854.

VAN TYNE, CLAUDE HALSTEAD, _editor_. _See_ Webster, Daniel. Letters.

VERMONT. Laws passed by the Legislature of the State of Vermont at their

Session at Montpelier on the second Thursday of October, 1815. Windsor,

n. d.

VIRGINIA. Journals of the House of Delegates. Richmond. 1819.

---- Proceedings and Debates of the Virginia State Convention of

1829-30. Richmond. 1830. (_Debates, Va. Conv._)

---- Report of the Commissioners appointed to view certain Rivers

within the Commonwealth of Virginia, John Marshall, Chairman. Printed,

1816.

---- Reports of Cases argued and decided in the Court of Appeals.

Richmond. 1833.

_Virginia Branch Colonization Society._ Report. 1832.

_Virginia Magazine of History and Biography._ 25 vols. Richmond.

1893-1917.

WALLACE, JOHN WILLIAM. Cases argued and adjudged in the Supreme Court of

the United States, 1863-74. 23 vols. Washington, 1870-76.

WARREN, CHARLES. History of the American Bar. Boston. 1911. (Warren.)

WEBSTER, DANIEL. Letters of Daniel Webster, from Documents owned

principally by the New Hampshire Historical Society. Edited by Claude H.

Van Tyne. New York. 1902. (Van Tyne.)

---- Private Correspondence. Edited by Fletcher Webster. 2 vols. Boston.

1857. (_Priv. Corres._: Webster.)

---- _See_ Curtis, George Ticknor; Harvey, Peter; Lanman, Charles;

Lodge, Henry Cabot; Wilkinson, William Cleaver.

WENDELL, JOHN LANSING, _reporter_. Reports of Cases argued and

determined in the Supreme Court of Judicature ... of the State of New

York. 26 vols. Albany. 1829-42.

WHEATON, HENRY. A Digest of the Decisions of the Supreme Court of the

United States from 1789 to February Term, 1820. New York. 1821.

---- Elements of International Law, with a Sketch of the History of the

Science. Philadelphia. 1836.

---- Some Account of the Life, Writings, and Speeches of William

Pinkney. Philadelphia. 1826. (Wheaton: _Pinkney_.)

WHEATON, HENRY, _reporter_. Reports of Cases argued and adjudged in the

Supreme Court of the United States, 1816-27. 12 vols. Philadelphia.

1816-27. (Wheaton.)

WILKINSON, WILLIAM CLEAVER. Daniel Webster: A Vindication. New York.

1911.

WILSON, HENRY. Rise and Fall of the Slave Power in America. 3 vols.

Boston. 1872.

WIRT, WILLIAM. _See_ Kennedy, John Pendleton.

_World's Work._

GENERAL INDEX

GENERAL INDEX

Abel, Anne H., monograph on Indian consolidation, =4=, 541 _n._

Adair, John, and Burr Conspiracy, =3=, 291, 292, 314;

career, 292 _n._, 336 _n._;

Wilkinson's letter to, 314, 336;

arrested by Wilkinson, 335, 336, 337 _n._;

suit against Wilkinson, 336 _n._;

brought to Baltimore, released, 344;

statement, 488 _n._;

and Green _vs._ Biddle, =4=, 381.

Adams, Abijah, trial, =3=, 44-46.

Adams, Henry, on M. in Jonathan Robins case, =2=, 458;

on Pickering impeachment, =3=, 143;

on isolation of Burr, 280;

on Burr and Merry, 289;

on American law of treason, 401 _n._;

on impressment, =4=, 8 _n._;

on causes of War of 1812, 29 _n._

Adams, John, on drinking, =1=, 23 _n._;

library, 25;

on Philadelphia campaign, 102;

belittles Washington (1778), 123 _n._;

story of expected kingship, 291;

on American and French revolutions, =2=, 2 _n._;

and title for President, 36;

on Hamilton's financial genius, 61 _n._;

and policy of neutrality, 92;

M. on, 214;

on M., 218;

address to Congress on French affairs (1797), French demand of

withdrawal of it, 225, 226, 316;

appointment of X. Y. Z. Mission, 226-29;

and X. Y. Z. dispatches, 336, 338;

offers M. Associate Justiceship, 347, 378, 379;

Federalist toast to, 349 _n._;

statement of French policy (1798), 351;

and M.'s journal of mission, 366;

M. on foreign policy, 403;

and prosecutions under Sedition Law, 421;

reopening of French negotiations, political result, 422-28;

pardons Fries insurrectionists, political effect, 429-31, =3=, 36;

absence from Capital, =2=, 431, 493;

address to Congress (1799), 433;

M.'s reply of House, 433-36;

Jonathan Robins case, 458-75;

disruption of Cabinet, 485-88;

temperament contrasted with Washington's, 486, 488;

appointment of M. as Secretary of State, 486, 489-93;

Republican comment on reorganized Cabinet, 491, 494;

pardon of Williams, 495;

and Bowles in Florida, 497;

and British debts dispute, 503, 505;

and possible failure of new French negotiations, 522;

M. writes address to Congress (1800), 530, 531;

eulogy by _Washington Federalist_, 532 _n._;

and enlargement of Federal Judiciary, 547;

and Chief Justiceship, appointment of M., 552-54, 558;

continues M. as Secretary of State, 558;

midnight appointments, 559-62, =3=, 57, 110;

magnanimous appointment of Wolcott, =2=, 559, 560;

Jefferson and midnight appointments, =3=, 21;

Republican seditious utterances, 30, 33, 37, 42 _n._;

and subpoena, 33, 86;

and partisan appointments, 81;

on Bayard's Judiciary speech (1802), 82;

on John Randolph, 171;

and Chase, 211 _n._;

and M's biography of Washington, 257;

on his situation as President, 258 _n._;

biography of Washington on, 263 _n._;

on Embargo controversy, =4=, 15;

on banking mania, 176, 178;

in Massachusetts Constitutional Convention (1820), 471.

_See also_ Elections (1800).

Adams, John Q., Publicola papers, =2=, 15-19;

on vandalism of French Revolution, 32 _n._;

on American support of French Revolution, 39;

on economic division on policy of neutrality, 97 _n._;

on dangers of war with England (1795), 110 _n._, 112 _n._;

on necessity of neutrality, 119 _n._;

Minister to Prussia, 229 _n._;

on France and American politics, 279 _n._;

on Washington streets (1818), =3=, 5;

on Federalist defeat, 12;

on impeachment plans (1804), 157-60, 173;

on impeachment of Pickering, 166, 167;

on articles of impeachment against Chase, 172;

on Chase trial, 190 _n._, 191 _n._;

on Randolph's speech at trial, 216 _n._;

votes to acquit Chase, 218;

on Burr's farewell address, 274 _n._;

on Wilkinson, 341 _n._;

on Eaton's story on Burr, 345;

on Swartwout and Bollmann trial, 346;

report on Burr conspiracy and trial, 541-44;

report and courtship of administration, 541 _n._;

later support of M., 542 _n._;

on Giles's speech on report, 544;

and Yazoo claims, attorney in Fletcher _vs._ Peck, 582, 585, 586;

and Justiceship, =4=, 110;

on crisis of 1819, 205;

M. and election of 1828, 462-65;

on Georgia-Cherokee controversy, 543.

Adams, Mrs. John Q., drawing room, =4=, 461.

Adams, Samuel, and Ratification, =1=, 348.

Adams, Thomas, sedition, =3=, 44.

Addison, Alexander, charge on Sedition Act, =2=, 385 _n._;

and British precedents, =3=, 28 _n._;

as judge, denounces Republicans, 46;

on the stump, 47;

on declaring acts void, 117;

impeachment, 164.

Admiralty, M. on unfairness of British courts, =2=, 511, 512;

Story as authority, =4=, 119;

jurisdiction in Territories, 142-44.

_See also_ International law; Prize.

_Adventure_ and Her Cargo case, =4=, 119.

Agriculture, M. on French (1797), =2=, 267;

M.'s interest, =4=, 63.

Albany Plan, =1=, 9 _n._

Alexander, James, and Burr conspiracy, arrested, =3=, 334;

freed, 343.

Alexandria, Va., tribute to M., =4=, 592.

_Alexandria Advertiser_, campaign virulence (1800), =2=, 529 _n._

Alien and Sedition Acts, fatality, =2=, 361;

provisions, 381;

Hamilton on danger in, 382;

Federalist attempts to defend, 382;

Republican assaults, unconstitutionality, 383;

Washington's defense, 384, 385;

Addison's charge, 385;

M.'s views of expediency, 386, 388, 389, 577;

Federalists and M.'s views, 389-94, 406;

M. on motives of Virginia Republicans, 394, 407;

Jefferson's plan of attack, 397, 399;

Kentucky Resolutions, 397-99;

Virginia Resolutions, 399, 400;

Madison's address of Virginia Legislature, 400, 401;

M.'s address of the minority of the Legislature, 402-06;

M. on constitutionality, 404;

Virginia military measures, 406, 408;

prosecutions, conduct of Federalist judges, 420, 421, =3=, 29-43,

86, 189-96, 202-05, 214;

repeal of section, M.'s vote, =2=, 451;

as issue (1800), 520, 521;

State trials, =3=, 43-47;

resulting issues, 47-49;

M.'s position quoted by Republicans, 106.

Allbright, Jacob, testimony in Burr trial, =3=, 425-27, 465, 488.

Allegiance. _See_ Expatriation; Naturalization.

Allen, Nathaniel, Granville heirs case, =4=, 154.

Alston, Aaron Burr, death, =3=, 538 _n._

Alston, Joseph, at trial of Burr, =3=, 479, 481.

Alston, Theodosia (Burr), and trial of father, =3=, 381, 479;

death, 538 _n._

Ambler, Edward, courtship, =1=, 150 _n._;

country place, 164 _n._

Ambler, Eliza, on Arnold's invasion, =1=, 144 _n._

_See also_ Carrington, Eliza.

Ambler, Jacquelin, career, =1=, 149, 160;

and M., 170;

and M.'s election to Council of State, 209 _n._;

M.'s neighbor, =2=, 172.

Ambler, John, wealth, =1=, 166;

marries M.'s sister, 166 _n._;

grand juror on Burr, =3=, 413 _n._

Ambler, Mary Willis, family, =1=, 148-50;

meeting with M., 151, 152;

courtship, 153, 159, 160, 163;

marriage, 165, 166.

_See also_ Marshall, Mary W.

Ambler, Richard, immigrant, =1=, 165.

_Amelia_ case, =3=, 16, 17.

Amendment of constitutions, M.'s idea, =1=, 216.

Amendment of Federal Constitution,

demand for previous, =1=, 245, 405, 412, 418, 423, 428;

expected, 251;

proposed by Massachusetts, 348;

Randolph's support of recommendatory, 377, 378;

method, in Ratification debate, 389;

Virginia contest over recommendatory, 468-75;

character of Virginia recommendations, 477;

history of first ten amendments, =2=, 57-59;

Eleventh, 84 _n._, =3=, 554, =4=, 354, 385, 387-91;

proposals caused by Jay Treaty, =2=, 141-43;

Twelfth, 533 _n._;

proposed, on removal of judges, =3=, 167, 221, 389;

proposed, for recall of Senators, =3=, 221;

proposed, to restrict appellate jurisdiction of Supreme Court,

=4=, 323, 325, 371, 378;

proposed, to limit judicial tenure, 517 _n._

American Academy of Arts and Sciences, M.'s membership, =4=, 89.

American Colonization Society, M. and, =4=, 473-76.

American Insurance Co. _vs._ Canter, right of annexation, territorial

government, =3=, 148 _n._, =4=, 142-44.

American Philosophical Society, M.'s membership, =4=, 89.

American Revolution,

influence of Bacon's Rebellion and Braddock's defeat, =1=, 6, 9;

Virginia and Stamp Act, 61-65;

Virginia Resolutions for Arming and Defense (1775), 65, 66;

preparation in back-country Virginia, 69-74;

Dunmore's Norfolk raid, battle of Great Bridge, 74-79;

condition of the army, militia, 80-88, 92;

effect of State sovereignty, 82, 88-90, 100, 146;

Brandywine campaign, 92-98;

campaign before Philadelphia, 98-102;

Germantown, 102-04;

desperate state, 104, 105;

final movements before Philadelphia, 105-07;

efforts to get Washington to abandon cause, 105, 130, 131;

Philadelphia during British occupation, 108-10;

Valley Forge, 110-20, 131;

treatment of prisoners, 115;

Washington as sole dependence, 121, 124;

Conway Cabal, 121-23;

Washington and weakness of Congress, 124-26, 131;

Jefferson accused of shirking, 126-30;

French alliance, relaxing effect, 133, 138, 143;

Monmouth campaign, 134-38;

Stony Point, 138-42;

Pawles Hook, 142;

Arnold in Virginia, Jefferson's conduct, 143;

depreciated currency and prices, 167-69;

influence on France, =2=, 1;

M.'s biography of Washington on, =3=, 244, 245, 253-56.

_See also_ Continental Congress.

Ames, Fisher, on democratic societies, =2=, 40;

on contest over funding, 61 _n._;

on contest over National Capital, 63 _n._;

on lack of national feeling, 67, 74;

on Republican discipline, 81;

on British-debts cases, 83 _n._;

on crisis with England (1794), 109;

on Giles, 129;

and M. (1796), 198, 199;

on effect of X. Y. Z. dispatches, 341;

attack on M.'s views of Alien and Sedition Acts, 390;

on reopening of French negotiations, 423, 426-28;

on Adams's temperament, 489 _n._;

on Adams's advances to Republicans (1800), 519;

on advance of Republicans, 519;

on attack on standing army, 520 _n._;

on character of parties, 521 _n._;

opposition to Adams, 527;

on campaign virulence of newspapers, 530;

on resumption of European war, =3=, 14;

on Jefferson and Judiciary, 53;

and secession, 53 _n._, 97, 98 _n._;

on repeal of Judiciary Act, 94;

on Louisiana Purchase, 150;

on Chase impeachment, 174;

on Yazoo lands, 568;

as British partisan, =4=, 5;

and M.'s logic, 85.

Ames, Nathaniel, attack on Washington, =2=, 117 _n._

Amory, Rufus G., practitioner before M., =4=, 237 _n._

Amsterdam, decline of trade (1797), =2=, 233.

Amusements, in colonial Virginia, =1=, 22;

of period of Confederation, 283;

M.'s diversions, =2=, 182-85, =4=, 66, 76-80.

Anarchy, spirit, =1=, 275, 284, 285, 289;

as spirit of Shays's Rebellion, 299, 300;

Jefferson's defense, 302-04.

_See also_ Government.

Ancestry, M.'s, =1=, 9-18.

Anderson, John E., pamphlet on Yazoo lands, =3=, 573 _n._

Anderson, Joseph, of Smith committee, =3=, 541 _n._

Anderson, Richard, and Mary Ambler, =1=, 164.

André, John, in Philadelphia society, =1=, 110.

Andrews, ----, and Jay Treaty, =2=, 132.

Andrews, Robert, professor at William and Mary, =1=, 155 _n._

Annapolis Convention, and commercial regulation, =4=, 422.

Annexation, constitutionality, =3=, 147, =4=, 143.

_Antelope_ case, =4=, 476.

Antwerp, trade (1797), =2=, 233;

M. on conditions, 246, 247.

Appellate jurisdiction of Supreme Court over State acts, =4=, 156-67,

347-57;

proposed measures to restrict or repeal, 323, 325, 371, 379, 380,

514-17.

_See also_ Declaring acts void; Supreme Court.

Aristocracy, of colonial Virginia, =1=, 25-27;

after the Revolution, 277.

Armed Neutrality, M.'s biography of Washington on, =3=, 255.

Armstrong, John, and Pickering impeachment, =3=, 168 _n._;

and St. Cloud Decree, =4=, 37.

Army, condition of Revolutionary, =1=, 80-86, 92;

sickness, 86, 116;

discipline, 87, 120;

lack of training, 88 _n._;

lack of equipment, 97, 99;

at Valley Forge, 110-20, 131, 132;

improved commissary, 133;

Steuben's instruction, 133;

size (1778), 138 _n._;

light infantry, 139 _n._;

arguments during Ratification on standing, 334, 342, 346, 389,

435, 477;

Washington commands (1798), =2=, 357, =3=, 258 _n._;

M. and officers for, =2=, 420;

debate on reduction (1800), 436, 439, 476-81;

as issue (1800), 520.

_See also_ Preparedness.

Arnold, Benedict, invasion of Virginia, =1=, 143;

M.'s biography of Washington on, =3=, 255.

Assumption of State debts, contest, =2=, 61-64;

opposition in Virginia, 62, 65-69;

question of constitutionality, 66;

political results, 82.

_Atalanta_ case, =4=, 142 _n._

Athletics, M.'s prowess, =1=, 73, 118, 132.

Attainder, Philips case, =1=, 393, 398, 411.

Attorney-General, M. declines office, =2=, 122, 123;

Henry declines, 125;

Breckenridge as, =3=, 58 _n._;

Wirt as, =4=, 239.

Augereau, Pierre F. C., and 18th Fructidor, =2=, 246 _n._

_Augusta Chronicle_, on Yazoo frauds, =3=, 561.

_Aurora_, abuse of Washington, =2=, 162, 163;

on M.'s appointment to X. Y. Z. Mission, 218, 219;

and X. Y. Z. dispatches, 337, 338;

on M.'s reception, 345, 351;

on Addison's charge on Sedition Act, 385 _n._;

Curtius letters on M., 395, 396;

on pardon of Fries, 430 _n._;

on M. and powers of territorial Governor, 446 _n._;

and Disputed Elections Bill, 454;

on Jonathan Robins case, 460, 471-73;

on M.'s appointment as Secretary of State, 489-91;

on the reorganized Cabinet, 491;

attack on Pickering, 491 _n._;

on new French negotiations, 522 _n._;

campaign virulence (1800), 529 _n._;

on Mazzei letter, 538 _n._;

on Judiciary Bill, 549 _n._, 555, 561 _n._;

on M.'s appointment as Chief Justice, 556;

on Judiciary, =3=, 159 _n._;

attack on M. during Burr trial, 532-35.

Austen, Jane, M. as reader, =4=, 79.

Babcock, Kendric C., on Federalists and War of 1812, =4=, 48 _n._

Bache, Benjamin F., attacks on Washington, =2=, 93 _n._

_See also_ _Aurora_.

Bacon, John, and Kentucky and Virginia Resolutions, =3=, 43;

in Judiciary debate (1802), 91.

Bacon's Rebellion, influence, =1=, 6.

Bailey, Theodorus, resigns from Senate, =3=, 121 _n._

Baily, Francis, on hardships of travel, =1=, 264 _n._.

Baker, John, Hite _vs._ Fairfax, =1=, 191, 193;

Ware _vs._ Hylton, =2=, 188;

counsel for Burr, =3=, 407.

_Balaou._ _See_ _Exchange_.

Baldwin, ----, sedition trial, =3=, 42 _n._

Baldwin, ----, and Missouri question, =4=, 325.

Baldwin, Abraham, and Judiciary Act of 1789, =3=, 129.

Baldwin, Henry, practitioner before M., =4=, 237 _n._;

appointment to the Supreme Court, 510;

and M., 582;

and Briscoe _vs._ Bank and New York _vs._ Miln, 583;

escort to M.'s body, 588.

Ball, Burgess, on M. at Valley Forge, =1=, 120.

Baltimore, in 1794, =1=, 263;

and policy of neutrality, =2=, 94 _n._;

proposed removal of Federal Capital to, =3=, 8;

public tumult over Burr trial, 529, 535-40.

Baltimore _Marylander_, on M. and election of 1828, =4=, 463.

Bancroft, George, on M.'s biography of Washington, =3=, 270;

on M., =4=, 90.

Bangs, Edward, on Ratification contest, =1=, 341.

Bank of the United States,

first, Jefferson and Hamilton on constitutionality, =2=, 71-74;

hostility in Virginia, 84;

Virginia branch, 141;

M.'s investment, 199, 200;

as monopoly, =3=, 336, 338;

success, =4=, 171;

continued opposition, 171-73;

failure of recharter, machinations of State banks, 173-76.

Bank of the United States, second, charter, =4=, 179, 180;

and Localism, 191;

early mismanagement, 196;

its demands on State banks and reforms force crisis, 197-99;

early popular hostility, blamed for economic conditions, 198, 199,

206, 312;

movement to destroy through State taxation, 206-08;

attempt to repeal charter (1819), 288, 289;

Bonus Bill, 417, 418;

success and continued hostility to, 528, 529;

Mason affair, 529;

Jackson's war on, veto of recharter, 529-33;

Biddle's conduct, 529 _n._;

as monopoly, 531;

as issue in 1832, 532 _n._, 533;

M. on Jackson's war, 533, 535;

Jackson's withdrawal of deposits, 535.

_See also_ next title, and M'Culloch _vs._ Maryland; Osborn _vs._

Bank.

Bank of the United States _vs._ Dandridge, =4=, 482, 483.

Bank of Virginia, M. and, =2=, 174;

political power, =4=, 174;

refuses to redeem notes, 194.

Banking, effects of chaos (1818), =4=, 170, 171;

mania for State banks, their character and issues, 176-79, 181, 188;

and war finances, 177, 179;

and speculation, 181-84;

frauds, 184, 185;

resulting suits, 185, 198;

lack of regulation, 186;

private, 192;

depreciation of notes, no specie redemption, 192-95;

counterfeits, 195;

Bank of the United States forces crisis, 197-99;

distress, 204-06.

_See also_ preceding titles.

Bankruptcy, M. and National act, =2=, 481, 482;

lax State laws and fraud, =4=, 200-03.

_See also_ Ogden _vs._ Saunders; Sturges _vs._ Crowninshield.

Bannister, John, resigns from Council of State, =1=, 209.

Barbary Powers, M. and protection from, =2=, 499;

general tribute to, 499 _n._;

Eaton and war, =3=, 302 _n._, 303 _n._

Barbecue Club. _See_ Quoit Club.

Barbour, James, grand juror on Burr, =3=, 413 _n._;

counsel in Cohens _vs._ Virginia, =4=, 346;

on Missouri question, 341.

Barbour, Philip P., in debate on Supreme Court, =4=, 395;

in Virginia Constitutional Convention, 484;

in debate on State Judiciary, 494;

in debate on suffrage, 502 _n._;

appointment to Supreme Court, 584 _n._

Barlow, Joel, seditious utterances, =3=, 30;

to write Republican history of the United States, 228, 229, 265,

266;

and Decree of St. Cloud, =4=, 36, 50.

Barrett, Nathaniel, and Ratification, =1=, 342, 349.

Barron, James, _Chesapeake-Leopard_ affair, =3=, 475.

Bartlett, Ichabod, counsel in Dartmouth College case, =4=, 234.

Bassett, Richard, and Judiciary Act of 1789, =3=, 129.

Bastrop lands. _See_ Washita.

Batture litigation, =4=, 100-16.

Bayard, James A., on hardships of travel, =1=, 260;

on French Revolution, =2=, 32 _n._;

and Jonathan Robins case, 460;

on Adams's temperament, 488 _n._;

opposition to Adams, 517 _n._;

on Jefferson-Burr contest, 536, 545 _n._, 546 _n._;

on Washington (1804), =3=, 5 _n._;

on Federalists and Judiciary debate (1802), 71;

in debate, 72, 79-83;

appearance, 78;

on bill on sessions of Supreme Court, 95, 96;

on test of repeal of Judiciary Act, 123 _n._;

on Jefferson and impeachment plan, 160;

on Chase impeachment, 173;

and Chase trial, 185 _n._;

and attempt to suspend habeas corpus (1807), 347;

on J. Q. Adams's Burr Conspiracy report, 544.

Bayard _vs._ Singleton, =3=, 611.

Bayly, Thomas M., on M., =4=, 489 _n._

Beard, Charles A., on character of Framers, =1=, 255 _n._

Beaumarchais, Pierre A. Caron de, mortgage on M.'s land, =2=, 173;

American debt to, and X. Y. Z. Mission, 292-94, 310, 314 _n._,

317-20, 332, 366 _n._;

history of debt, 292 _n._

Bedford, Gunning, Jr.,

in Federal Convention, on declaring acts void, =3=, 115 _n._

Bee, Thomas, Jonathan Robins case, =2=, 458.

Beer Co. _vs._ Massachusetts, =4=, 279 _n._

Begon, Dennis M., _Exchange_ case, =4=, 122.

Belknap, Morris P., testimony in Burr trial, =3=, 490.

Bell, Samuel, and Dartmouth College case, =4=, 234, 253 _n._

Bellamy, ----,

as agent in X. Y. Z. Mission, =2=, 261-67, 272, 278, 293, 294.

Bellamy, Joseph, and Wheelock, =4=, 227.

Belligerency, of revolting provinces, =4=, 126-28.