Impeachment, proposed amendment on, =2=, 141;

as weapon against Federalist judges, =3=, 21;

Monroe's suggestion for Justices (1802), 59;

in debate on repeal of Judiciary Act, 73, 80, 81;

expected excuse in Marbury _vs._ Madison opinion, 62 _n._, 112, 113;

as second phase of attack on Judiciary, 111;

Pickering case, 111, 164-68;

State case of Judge Addison, 112, 163, 164;

and opinion in Marbury _vs._ Madison, 143, 153, 155;

M.'s fear, 155, 176-79, 192, 196;

for political or indictable offense, 158, 164, 165, 168 _n._, 173,

198-200, 202, 207, 206-12;

of all Justices planned, 159, 160, 173, 176, 178;

Marshall as particular object, 161-63;

of Chase voted, 169;

Jefferson and attitude of Northern Republicans, 170, 221;

House manager, 170;

public opinion prepared for trial of Chase, 171;

articles against Chase, 171, 172;

despair of Federalists, 173;

and Yazoo frauds, 174;

arrangement of Senate, 179, 180;

Burr as presiding officer, 180, 183;

efforts of Administration to placate Burr, 181-83;

seat for Chase, 183;

his appearance, 184;

his counsel, 185;

Randolph's opening speech, 187-89;

testimony, 189-92;

M. as witness, 192-96;

conferences of Giles and Randolph, 197;

argument by Manager Early, 197;

by Manager Campbell, 198;

by Hopkinson, 198-201;

Chase trial as precedent, 201;

argument by Key, 201;

by Lee, 201;

by Martin, 201-06;

by Manager Nicholson, 207-10;

by Manager Rodney, 210-12;

by Manager Randolph, 212;

Randolph's praise of M., its political importance, 214-16;

Chase trial and secession, 217;

vote, acquittal, 217-20;

importance of acquittal, 220;

programme abandoned, 222, 389;

M. and acquittal, 222;

threat against M. during Burr trial, 500, 501, 503, 512, 516;

Jefferson urges it, 530-32;

foreign affairs prevent, 545.

Implied powers, in contest over Assumption, =2=, 66, 67;

in Bank controversy, 71-74;

M. upholds (1804), =3=, 162;

interpretation of "necessary and proper laws," =4=, 285, 286,

294-301, 316, 337.

_See also_ Nationalism.

Import duties,

unconstitutionality of State license on importers, =4=, 455-57.

_See also_ Tariff.

Impressment, by British, =2=, 107, =4=, 8;

M.'s protest, =2=, 513;

and perpetual allegiance, =3=, 27 _n._;

_Chesapeake-Leopard_ affair, 475-77, =4=, 9;

discussion of right, 52, 53;

M.'s later opinion, 53-55.

_See also_ Neutral trade.

Imprisonment for debt, =3=, 13 _n._, 15 _n._;

M. on, and obligation of contracts, =4=, 215, 216.

Independence, germ in Henry's Stamp-Act Resolutions, =1=, 63;

anticipation of Declaration, =3=, 118;

M.'s biography of Washington on Declaration, 244.

Indian Queen, boarding-house, =3=, 7.

Indiana, prohibition on external banks, =4=, 207;

and M'Culloch _vs._ Maryland, 334.

Indiana Canal Company, =3=, 291 _n._

Indians, frontier raid, =1=, 1, 30 _n._;

Virginia's attempt to protect (1784), 236-41;

Henry's plan for intermarriage with whites, 240 _n._, 241;

in Ratification debate, 465;

fear of, and Ratification, 476;

and British relations (1794), =2=, 110, 111;

Bowlee's intrigue, 497-99;

and Yazoo lands, =3=, 552, 553, 569, 570;

M. and policy toward, =4=, 542 _n._

_See also_ Cherokee Indians.

Individualism, as frontier trait, =1=, 29, 275;

rampant, 285.

Ingersoll, Charles J., practitioner before M., =4=, 237 _n._

Ingersoll, Jared, Hunter, _vs._ Fairfax, =2=, 207.

Ingraham, Edward D., escort for M.'s body, =4=, 588.

Inman, Henry, portrait of M., =4=, 522 _n._

Innes, Harry, and Burr, =3=, 318.

Innes, James, as lawyer, =1=, 173;

characterized, 473;

in Ratification Convention, 474;

and Cabinet office, =2=, 124;

Ware _vs._ Hylton, 188.

Insolvency. _See_ Ogden _vs._ Saunders; Sturges _vs._ Crowninshield.

Inspection laws, State, and commerce clause, =4=, 436.

_See also_ Police powers.

Internal improvements, Potomac River (1784), =1=, 217;

Burr's plan for Ohio River canal, =3=, 291 _n._;

M. and Virginia survey, =4=, 42-45;

demand, 416;

Bonus Bill, Madison's veto, 417;

later debate, Randolph's speech on Nationalism, 418-21;

Jackson's pocket veto of River and Harbor Bill, 534.

International law, Jonathan Robins case, =2=, 465-71;

_Amelia_ case and law of prize, =3=, 16, 17;

_Adventure_ case, ocean as common property, =4=, 119;

M.'s contribution, 121;

_Exchange_ case, immunity of foreign man-of-war, 121-25;

United States _vs._ Palmer, _Divina Pastora_, belligerency of

revolted province, 126-28;

_Venus_ case, domicil and enemy character, 128, 129;

_Nereid_ case, neutral property in enemy ship, 130, 135-42;

recognition of slave trade, 476, 477.

Iredell, James, Ware _vs._ Hylton, =2=, 188;

on Virginia Resolutions, 399;

on Fries's Insurrection, 429, =3=, 35;

and common-law jurisdiction, 25;

and declaring acts void, 117;

and constructive treason, 403.

Iron Hill engagement, =1=, 93, 94.

Irving, Washington, on trial of Burr, =3=, 400, 416, 432, 435, 456,

457 _n._, 464 _n._, 477, 478 _n._

Irwin, Jared, and Yazoo frauds, =3=, 562.

Isham, Mary, descendants, =1=, 10.

Isham family, lineage, =1=, 10.

Isolation, M. and policy, =2=, 235, 388, =3=, 14 _n._;

need in early Federal history, =4=, 6;

local, 191.

_See also_ Neutrality.

Iturrigaray, José de, and Wilkinson, =3=, 329.

Jackson, Andrew, and Washington, =2=, 165 _n._;

duelist, =3=, 278 _n._;

and Burr conspiracy, 292, 295, 296, 305, 326, 361;

prepares for war with Spain, 313;

and rumors of disunion, 326;

at trial of Burr, denounce Jefferson and Wilkinson, 404, 429, 457,

471;

appearance, 404;

Burr's gratitude, 405;

battle of New Orleans, =4=, 57;

M. and candidacy (1828), 462-65;

contrasted with M., 466;

M. on inauguration, 466;

appointments to Supreme Court, 510, 581, 582, 584, 584 _n._;

war on the Bank, veto of recharter, 529-33;

pocket veto of River and Harbor Bill, 534;

place in M.'s inclination to resign, 519, 521;

M. and election of 1832, 534;

withdraws deposits from the Bank, 535;

Kent's opinion, 535 _n._;

and Georgia-Cherokee controversy, 540, 541, 547, 548, 551;

M. rebukes on Cherokee question, 546;

Union toast, 557;

warning to Nullifiers, 558;

Nullification Proclamation, its debt to M., 562, 563;

M.'s commendation, 563;

reply of South Carolina, his inconsistency with attitude on Cherokee

question, 564, 565;

recommends tariff reduction, 567;

Virginia and attitude on Nullification, 570;

character of Southern support, 578.

Jackson, Francis James, as Minister, =4=, 23-26.

Jackson, James, on Judiciary Act of 1789, =3=, 54;

journey (1790), 55 _n._;

in debate on repeal of Judiciary Act, 61;

and Chase trial, 220, 221;

and Yazoo frauds, 560-62, 565;

resigns from Senate, 561.

Jackson _vs._ Clarke, =4=, 165 _n._

James River Company, =2=, 56.

Jameson, J. Franklin, acknowledgments to, =4=, 63 _n._, 68 _n._

Jarvis, Charles, in Ratification Convention, =1=, 348.

Jarvis, William C, attack on M., =4=, 362.

Jay, John, on frontiersmen and Indians, =1=, 236, 237;

on demand for equality in all things, 295;

distrust of democracy, 300, 308;

on failure of requisitions, 305;

on decline of Continental Congress, 305 _n._;

on ability to pay public debt, 306, 306 _n._;

on extravagance, 306 _n._;

Jay Treaty, =2=, 113-15;

Ware _vs._ Hylton, 188;

refuses reappointment as Chief Justice, 552, =3=, 120 _n._;

and common-law jurisdiction, 24, 25;

on defective Federal Judiciary, 55;

and declaring acts void, 117;

and Manhattan Company, 287 _n._;

and Livingston steamboat monopoly, =4=, 407.

Jay Treaty, cause of negotiations, =2=, 108-13;

unpopularity of negotiation, 113;

humiliating terms, 114;

popular demonstrations against, 115-18, 120;

commercial and financial support, 116, 148;

Jefferson on, 118, 121;

question of constitutionality, 119, 128, 133-36;

Hamilton's defense, Camillus letters, 120;

attitude of Virginia, 120;

protests, 126;

typical address against, 126-29;

M.'s defense, 126, 129 _n._;

and free ships, free goods, 128, 303-05;

resolutions of Virginia Legislature, 131-37;

indirect legislative censure of Washington, 137-40;

proposed constitutional amendments caused by, 141-13;

contest in Congress, petitions, 148, 149, 155;

Richmond meeting and petition favoring, 149-55;

M. and commissionship under, 200-02;

France and, 223;

and X. Y. Z. Mission, 303-08;

submitted to French Minister, 305;

and contraband, 306;

Jonathan Robins case under, 458-75;

disruption of commission on British debts, 500-02;

M. and disruption and compromise, 502-05;

Federal common-law trials for violating, =3=, 24-29;

divulged, 63 _n._;

settlement of British debts, 103;

and land grants, =4=, 148, 153, 157

Jefferson, Jane (Randolph), =1=, 10, 11.

Jefferson, Peter, similarity to M.'s father, =1=, 11;

ancestry, 11 _n._

Jefferson, Thomas,

_pre-presidential years_:

relations with M., =1=, 9, 10;

similarity in conditions of M.'s birth, 11 _n._;

Randolph and Isham ancestry, 10, 11;

Jefferson ancestry, 11, 12;

landed estate, 20 _n._;

on Virginia society, 21, 22;

as statesman, 32;

accused of shirking duty during Revolution, 126-30;

in service of State, 128;

as Governor, 143;

and Arnold's invasion, 143-45;

and Rebecca Burwell, 149;

on William and Mary, 156;

licenses M. to practice law, 161;

as letter writer, 183 _n._;

in Legislature, 203;

use of Council of State as a machine, 210;

chancery act (1777), 219;

on British debts, 223 _n._, 228 _n._, 295 _n._;

debts for slaves, 224 _n._;

cause of retained faith in democracy, 253;

on hardships of travel, 259;

use of cipher, 266 _n._;

on license of the press, 270;

on sectional characteristics, 278-80;

inappreciative of conditions under Confederation, 286, 314-16;

on the Cincinnati, 292;

defense of Shays's Rebellion, preparation to lead radicalism,

302-04, =2=, 52;

dislike of commerce, =1=, 316;

on Randolph and Ratification, 378;

favors amendment before Ratification, 478;

influence of French Revolution on, =2=, 4, 44;

on first movements of it, 5;

approbation of _Rights of Man_, 14, 15, 16 _n._;

on Publicola papers, 19 _n._;

on St. Domingo negro insurrection, 21;

on influence of French Revolution on American government, 24, 39;

upholds excesses of French Revolution, 25, 26;

on reception of Genêt, 29;

development of Republican Party, 46, 81-83, 91, 96;

political fortunes broken (1785), 46 _n._;

first attitude toward Federal Constitution, 47;

cold reception (1789), 57;

deal on Assumption and Capital, 63, 64, 82 _n._;

tardy views on unconstitutionality of Assumption, 70;

opinion on Bank of United States, 71;

converts Madison, 79;

attempt to sidetrack M. (1792), 79-81;

and antagonism in Cabinet, 82;

on results of funding, 85;

and Whiskey Insurrection, 90, 91;

opposition to Neutrality, 94;

resignation from Cabinet, 96;

and drinking, 102 _n._;

attacks Jay Treaty, 118, 121;

accuses M. of hypocrisy (1795), 139, 140;

and abuse of Washington, 164;

growth of feud with M., 165;

on M.'s reason for accepting French mission, 211;

and Monroe's attack on Washington, 222 _n._;

and appointment to X. Y. Z. Mission, 227;

and Gerry's appointment, 227;

experience in France contrasted with M.'s, 289;

and news of X. Y. Z. Mission, 335;

and X. Y. Z. dispatches, 336, 339-41;

and M.'s return and reception, 345, 346;

call on M., 346, 347;

and expected French War, 358;

open warfare on M., 358;

attempt to undo effect of X. Y. Z. Mission, 359-63, 368;

and Langhorne letter, 375 _n._;

and Alien and Sedition Acts, hysteria, method of attack, 382,

384, 397, 399;

Kentucky Resolutions, 397;

expects M.'s defeat (1798), 411;

and M.'s election, 419;

on Henry's support of M., 419, 420;

on general election results (1798), 420;

and M.'s visit to Kentucky, 421;

on renewal of French negotiations, 428;

on M. and Disputed Elections Bill, 456;

and Jonathan Robins case, 459, 475;

blindness to M.'s merit, 475;

on Burr and Republican success (1800), 535 _n._;

M.'s opinion (1800), 537;

Mazzei letter, 537 _n._, 538 _n._;

and Judiciary Bill, 549, 550;

on Chief Justiceship (1801), 553 _n._;

on midnight appointments, 561 _n._, 562;

inappreciative of importance of M.'s Chief Justiceship, 562;

in Washington boarding-house, =3=, 7;

on common-law jurisdiction of National Judiciary, 29;

on Lyon trial, 31;

on right of judges to declare acts void (1786), 117;

merits of Declaration of Independence, 118.

_See also_ Elections (_1800_).

_As President and after_:

Wines, =3=, 9;

M. on, as terrorist, 11;

on Federalist forebodings, 14;

on renewal of European War, 14;

policy of isolation, 14 _n._;

and bargain of election, 18;

M. on inaugural, 18;

programme of demolition, caution, 18-20;

and popularity, 19 _n._;

plans against National Judiciary, suppressed paragraph of

message (1801), 20-22, 51-53, 57, 605, 606;

on Judiciary as Federalist stronghold, 21;

and repeal of Judiciary Act of 1801, 21 _n._;

and subpoena in Burr trial, 33, 86 _n._, 323, 433-47, 450, 454-56,

518-22;

and Callender, 36, 38;

on Giles, 75 _n._;

partisan rewards by, 81 _n._, 208;

Morris on, 90 _n._;

as following Washington's footsteps, 100 _n._;

and settlement of British debt controversy, 103;

and Adams's justices of the peace, 110;

desires to appoint Roane Chief Justice, 113;

and opinion in Marbury _vs._ Madison, 143-45, 154 _n._, 431, 432;

branches of the Bank and practical politics, 145;

and New Orleans problem, 145, 146;

dilemma of Louisiana Purchase, 147-49;

secretiveness, 149;

scents Republican misgivings of assault on Judiciary, 155;

and _Aurora's_ condemnation of Judiciary, 159 _n._;

head of impeachment programme, 160;

and impeachment of Pickering, 164 _n._, 165, 166;

and impeachment of Chase, 170;

break with Randolph, 174;

advances to Burr during Chase trial, 181, 182;

reward of Pickering trial witnesses, 181;

reëlected, 197;

Rodney's flattery, 212;

abandons impeachment programme, 221, 389;

plan to counteract M.'s biography of Washington, 228, 229;

preparation of Anas, 229;

M. on, in the biography, 244, 259, 263, 263 _n._;

on the biography, 265-69;

on Botta's History, 266;

hostility to Burr, 279, 280;

and secession of New England, 283, =4=, 15 _n._, 30 _n._;

and war with Spain, =3=, 285, 301, 313, 383 _n._;

and Miranda, 300, 301;

receives Burr (1806), 301;

hostility of naval officers, 302, 458 _n._, 459 _n._;

and Eaton, 302;

Eaton's report to, of Burr's plans, 304;

and other reports, 305, 310, 315, 317, 323, 338 _n._;

Wilkinson's revelation of Burr's plans, 321, 322;

action on Wilkinson's revelation, proclamation, 324, 327;

Annual Message on Conspiracy, 337;

Special Message declaring Burr guilty, 339-41;

its effect, 341;

and Swartwout and Bollmann, 344, 391, 392, 430;

on arrest of Burr, 368 _n._;

M.'s reflection on conduct in conspiracy, 376;

as prosecutor, prestige involved, on the trial, 383-91, 406, 417,

419, 422, 430-432, 437, 451, 476, 477, 499;

continued hostility to Judiciary, 384, 388, =4=, 339, 362, 363,

368-70, 538;

on making stifled evidence at Burr trial public, =3=, 422, 515;

pardons to obtain evidence, 392, 393;

M.'s defiance at trial of Burr, 404;

Jackson's denunciation, 404, 457 _n._;

Hay's reports on Burr trial, 415;

on Martin, 450, 451;

bolsters Wilkinson, 472;

and _Chesapeake-Leopard_ affair, 475-77, =4=, 9;

orders further trials of Burr, =3=, 515, 522;

and Daveiss's pamphlet, 525;

and attacks on M. during trial, 526, 535;

Message on trial, hints at impeachment of M., 530-32;

on Georgia's western claim, 553;

and Yazoo claims, 592;

prejudice-holding, =4=, 2;

love of France, 3;

and attacks on neutral trade, 7 _n._, 8, 9, 11;

hostility to England, 8, 11 _n._, 26 _n._;

on Federalist defense of British, 10;

toast on freedom of the seas, 23;

and Hay's pamphlet on impressment, 53;

on M.'s control over Supreme Court, 59;

and M.'s integrity, 90 _n._;

enmity to Story, 98-100;

Livingston case and Madison's judicial appointments, 100-16;

control of Virginia politics, 146;

and Martin _vs._ Hunter's Lessee, 160;

and first Bank of the United States, 172;

and second Bank, 180 _n._;

on _Niles' Register_, 183 _n._;

on financial madness (1816), 186;

on crisis of 1819, 204;

on Nathaniel Niles, 227;

on charters and obligation of contracts, 230 _n._;

and Taylor's exposition of State Rights, 339;

M. on Jefferson's later attacks, 363-66;

advocates resistance by States, 368;

and amendment on Judiciary (1821), 371, 378;

and demand for revision of Virginia Constitution, 468, 469,

502 _n._, 508;

called theoretical by Giles, 491;

M.'s attitude toward, 579, 580.

Jenkinson, Isaac, account of Burr episode, =3=, 538 _n._

Jennings, William H., Cohens _vs._ Virginia, =4=, 345.

Johnson, James,

and second Bank of the United States, =4=, 196 _n._, 288.

Johnson, Reverdy, counsel in Brown _vs._ Maryland, =4=, 455 _n._

Johnson, Richard M., on Missouri question, =4=, 341;

proposed amendment and attack on Judiciary, 371-79, 450.

Johnson, William, opinion on common-law jurisdiction, =3=, 28 _n._;

appointed Justice, 109 _n._, 159 _n._;

and mandamus, 154 _n._;

biography of Greene, 266;

and release of Swartwout and Bollmann, 349;

opinion in Fletcher _vs._ Peck, 592;

character, =4=, 60;

appearance, 132;

dissent in Martin _vs._ Hunter's Lessee, 157, 165, 166;

and Dartmouth College case, 255, 256, 258 _n._;

dissent in Green _vs._ Biddle, 381 _n._;

Nationalist opinion in Elkison case, 382, 383;

opinion in Osborn _vs._ Bank, 394;

opinion in Gibbons _vs._ Ogden, 443-45;

opinion in Ogden _vs._ Saunders, 481 _n._;

dissent in Craig _vs._ Missouri, 513;

ill, 582;

and Briscoe _vs._ Bank and New York _vs._ Miln, 583;

death, 584.

Johnson, William S., and Judiciary Act of 1789, =3=, 129.

Johnson, Zachariah, in Virginia Ratification Convention, =1=, 474.

Johnson _vs._ Bourn, =2=, 181 _n._

Johnston, Josiah S., on Nullification, =4=, 555.

Johnston, Samuel, on hardships of travel, =1=, 255.

Jonathan Robins case, facts, =2=, 458;

Republican attacks, 459;

before Congress, proof that Nash was not American, 460;

basis of debate in House, 460, 461;

Republican attempts at delay, 461-64;

M.'s speech, 464-71;

exclusive British jurisdiction, 465, 466;

not piracy, 467;

duty to deliver Nash, 467;

not within Federal judicial powers, 468-70;

incidental judicial powers of Executive, 470;

President as sole organ of external relations, 470;

comments on M.'s speech, its effect, 471-75.

Jones, James, and slavery, =2=, 450.

Jones, Walter,

counsel in Fairfax's Devisee _vs._ Hunter's Lessee, =4=, 156;

counsel in M'Culloch _vs._ Maryland, 285, 286.

Joynes, Thomas R., on M., =4=, 489 _n._

Judge-made law,

and Federal assumption of common-law jurisdiction, =3=, 23;

Johnson on, =4=, 372.

_See also_ Declaring acts void.

Judiciary, Federal, arguments on, during Ratification debate,

=1=, 334, 426, 444, 461, 464;

expected independence and fairness, 430, 451, 459;

and gradual consolidation, 446;

jury trial, 447, 449, 456, 457;

M. on, in Convention, 450-61;

inferior courts, 451;

extent of jurisdiction, 452, 454-56, =2=, 468-70;

concurrent jurisdiction, =1=, 452;

as a relief to State courts, 453;

proposed amendment on, 477;

British-debts cases, =2=, 83;

suits against States, Eleventh Amendment, 83 _n._, 84 _n._,

=3=, 554, =4=, 354, 385, 387-91;

proposed amendment against pluralism, =2=, 141;

incidental exercise of powers by Executive, 470;

M. favors extension (1800), 531;

Federalist plans to retain control, 547, 548;

Republican plans against, =3=, 19-22;

as Federalist stronghold, 21, 77;

Federalist expectation of assault, 22;

assumption of common-law jurisdiction, 23-29, 78, 84, =4=, 30 _n._;

conduct of sedition trials, =3=, 29-43;

lectures from the bench, 30 _n._;

results on public opinion of conduct, 47, 48;

defects in act of 1789, 53-56, 81, 117;

effect of Marbury _vs._ Madison on Republican attack, 143, 153, 155;

and campaign of 1804, 145;

assault and Federalist threats of secession, 151, 152;

Republican misgivings on assault, 155;

_Aurora_ on, 159 _n._;

removal on address of Congress, 167, 221, 389;

political speeches from bench, 169, 206;

M. suggests legislative reversal of judicial decisions, 177, 178;

stabilizing function in a republic, 200;

necessity of independence, 200, 204, 373;

Jefferson's continued hatred, 384, 388, =4=, 339, 362-66, 368-70;

Federalist attacks, 30 _n._;

effort for court of appeals above Supreme Court, 323, 325;

right of original jurisdiction, 385-87;

proposed amendment for limited tenure, 517 _n._;

as interpreter of Constitution, 554.

_See also_ Contracts; Declaring acts void; Impeachment; Judiciary

Act of 1801; Marshall, John (_Chief Justice_); Supreme Court.

Judiciary, State, equity, =1=, 218-20;

popular antagonism during Confederation, 297-99, =3=, 23 _n._;

conduct of sedition trials, 43-47;

conduct of Republican judges, 48 _n._;

Virginia, as political machine, =4=, 146, 485-88;

controversy over, in New Hampshire, 229, 230;

M.'s report on, in Virginia Constitutional Convention, 485;

tenure of judges and discontinued offices, 485, 490, 493-501;

removal of judges, 485;

extent of reform demanded in Virginia, 488;

debate in her Convention, 489-501.

Judiciary Act of 1801, bill, =2=, 548;

character of first Republican opposition to it, 549, 550, 555 _n._;

Federalist toast, 548 _n._;

debate and passage of bill, 550-52;

Fairfax estate in debate, 551;

midnight appointments, 559-62;

importance of repeal debate, =3=, 50, 75;

Jefferson and attack, last hour changes in Message, 51-53, 605;

character of act, 53, 56;

extravagance as excuse for repeal, 57, 58, 64;

repeal debate in Senate, 58-72;

tenure of judge and abolition of office, 59, 63, 607-10;

and declaring acts void, 60, 62, 64, 67-71, 73, 74, 82, 85, 87, 91;

independence _versus_ responsibility of Judiciary, 60, 61, 65, 68,

74, 88;

fear of Judiciary, 61;

Marbury _vs._ Madison in debate, 61 _n._, 63, 78, 80, 86, 90;

select committee and discharge of it, 67, 68, 279;

indifference of mass of Federalists, 71;

vote in Senate, 72;

attempt to postpone in House, 72;

Federalist threats of secession, 72, 73, 82, 89, 93, 97, 98;

debate in House, 73-91;

and impeachment of Justices, 73, 80, 81;

Republican concern, 76 _n._;

Republicans on origin of act, 76-78;

Supreme Court and annulment of repeal, 85, 91, 92, 95-97, 122, 123,

=4=, 489, 490;

predictions of effect of repeal, =3=, 88;

Federal common-law jurisdiction, 78, 84, 89;

vote in House, 91;

reception of repeal, 92-94, 97-100;

act on disability of judges, 165 _n._

Jury trial,

Reconstruction debate on Federal, =1=, 447, 449, 456, 457, 464;

juries in sedition cases, =3=, 42.

Kamper _vs._ Hawkins, =3=, 612.

Keith, James, M.'s grandfather, career, =1=, 17, 18.

Keith, James, on M., =4=, 67 _n._

Keith, Mary Isham (Randolph), M.'s grandmother, =1=, 10, 17.

Keith, Mary Randolph, M.'s mother, =1=, 10.

_See also_ Marshall, Mary Randolph (Keith).

Kendall, Amos, as Jackson's adviser, =4=, 532 _n._

Kent, James, on M.'s biography of Washington, =3=, 265;

on Livingston _vs._ Jefferson, =4=, 114;

standing as judge, 256;

and Dartmouth College case, 256, 258 _n._;

and Supreme Bench, 256 _n._, 369 _n._;

on Livingston's steamboat monopoly and interstate commerce, 406-12,

430, 441;

on Jackson, 535 _n._;

on M.'s decline, 586.

Kent, Joseph, votes for war, =4=, 29 _n._

Kent, Moses, letters, =4=, 84 _n._

Kenton, Simon, birth and birthplace, =1=, 9 _n._

Kentucky, delegates in Ratification Convention, influences on,

=1=, 384, 399, 403, 411, 420, 430-32, 434, 443;

Virginia act for statehood, =2=, 55;

land case, =3=, 17;

and repeal of Judiciary Act of 1801, 58 _n._;

Burr in, 291, 296, 313-19;

bank mania and distress, =4=, 187, 204, 205;

and M'Culloch _vs._ Maryland, 314, 334;

Green _vs._ Biddle, occupying claimant law, 375-77, 380-82.

_See also_ next title.

Kentucky Resolutions, purpose, =2=, 397;

Taylor's suggestion of nullification doctrine, 397;

production, 397;

importance, 398;

Hamilton on, 408;

consideration in Massachusetts, =3=, 43;

Dana on, 45;

as Republican gospel, 105-08;

resolutions in Federalist States on, 105 _n._, 106 _n._

_See also_ State Rights.

Kercheval, Samuel,

and Jefferson's letter on Virginia Constitution, =4=, 468, 469.

Key, Francis S., counsel for Swartwout and Bollmann, =3=, 345.

Key, Philip B., counsel for Chase, =3=, 185;

argument, 201.

King, Rufus,

on Ratification in Massachusetts, =1=, 340, 347, 348 _n._, 351;

and organization of Constitutionalists, 357;

and Henry's presidential candidacy (1796), =2=, 156;

on M. as lawyer, 191;

and M. (1796), 198;

conciliatory letter to Talleyrand (1797), 252, 253;

and X. Y. Z. Mission, 286, 295, 364;

and presidential candidacy (1800), 438;

and British-debts dispute, 502-05, =3=, 103;

on fever in Washington, 6;

in Federal Convention, on declaring acts void, 115 _n._;

and on obligation of contracts, 557 _n._;

on Adams's Burr conspiracy report, 543 _n._;

and Yazoo lands, 570;

on bank mania and crisis of 1819, =4=, 181, 206 _n._;

and American Colonization Society, 475.

Knox, Henry, army intrigue against, =1=, 122;

on spirit of anarchy, 275;

on demand for division of property, 298;

on Shays's Rebellion, 300;

on Henry as Anti-Constitutionalist, 358;

support of Adams (1800), =2=, 518;

enmity toward Hamilton, 518 _n._

Knox, James, and Burr conspiracy, =3=, 473.

Kremer, George, attack on Clay, =4=, 462 _n._

Labor, attitude toward, in colonial Virginia, =1=, 21;

price (c. 1784), 181;

M. and problem, =4=, 472.

Lafayette, Marquis de, on Washington at Monmouth, =1=, 136;

on French indifference to reforms (1788), =2=, 6;

value of letters on French Revolution, 7 _n._;

and key of the Bastille, 9;

M. and imprisonment, 32-34;

and American Colonization Society, =4=, 474, 476 _n._

Lamb, John, on Washington and Federal Constitution, =1=, 331 _n._

Lamballe, Madame de, executed, =2=, 27 _n._

Land, M. on colonial grants, =1=, 191-96;

Virginia grants and Ratification, 445, 447-49, 458;

Indian purchases, 464, 465;

speculation, =2=, 202;

M. on tenure in France (1797), 268-70;

Kentucky case, =3=, 17;

importance in early National history, 556;

Kentucky occupying claimant law, =4=, 375-77, 380-82.

_See also_ Fairfax estate; Public lands; Yazoo.

Langbourne, William, Burr's security, =3=, 429 _n._, 517.

Langdon, John, on Ratification in New Hampshire, =1=, 354.

Langhorne letter to Washington, =2=, 375 _n._

Lanier, Clem, and Yazoo lands act, =3=, 546, 547.

Lansing, John, decision on Livingston steamboat monopoly, =4=, 405.

La Rochefoucauld Liancourt, Duc de,

on Virginia social conditions, =1=, 20 _n._;

on frontiersmen, 275 _n._, 276 _n._, 281 _n._;

on social contrasts, 280 _n._;

on drinking, 282;

on court days, 284 _n._;

on speculation and luxury in Philadelphia, =2=, 85 _n._;

on M. as a lawyer, 171;

on M.'s character, 196, 197.

Latrobe, B. H., and Burr, =3=, 311 _n._

Law and lawyers, Virginia bar (1780), =1=, 173;

extent of M.'s studies, 174-76;

M.'s argument in Hite _vs._ Fairfax, colonial land grants, 191-96;

M. as pleader, =2=, 177-82, 192-96;

M.'s argument in Ware _vs._ Hylton, 186-92;

practice and evidence, =3=, 18;

popular hostility, 23 _n._;

M.'s popularity with, =4=, 94;

character of practitioners before him, 94, 95, 132-35;

oratory and woman auditors, 133, 134;

as publicists, 135;

fees, 345 _n._

_See also_ Judiciary.

Law and order, frontier license, =1=, 29, 235, 239, 274;

M. on, =3=, 402.

_See also_ Government.

Lear, Tobias, on Ratification in New Hampshire, =1=, 354, 354 _n._;

and Eaton, =3=, 303 _n._

Lecompte, Joseph, and Supreme Court, =4=, 517 _n._

Lee, Arthur, and Beaumarchais, =2=, 292 _n._

Lee, Gen. Charles, on militia, =1=, 86;

Monmouth, 135-37.

Lee, Charles, of Va., and Jay Treaty, =2=, 132, 133;

and legislative implied censure of Washington, 138;

and Federal office for M., 201;

Hunter _vs._ Fairfax, 207, =4=, 156;

on M. and new French negotiations, =2=, 428;

_Aurora_ on, 492;

counsel in Marbury _vs._ Madison, =3=, 126, 130 _n._;

counsel for Chase, 185;

counsel for Swartwout and Bollmann, 345;

counsel for Burr, on overt act, 500;

report on Yazoo lands, 570.

Lee, Henry, Randolph ancestry, =1=, 10;

in charge of light infantry, 142;

Pawles Hook, 142;

in the Legislature, 208;

in Ratification Convention: and haste, 372;

characterised, 387;

in the debate, 387, 423, 430, 467;

taunts Henry, 406;

on prospects, 434;

Hamilton's financial aid, 435 _n._;

on threat of forcible resistance, 467;

and Whiskey Insurrection, =2=, 87;

and Fairfax estate, 100, 204;

and enforcement of neutrality, 104, 106;

and Jay Treaty, 132;

and Henry's presidential candidacy, 157;

candidacy (1798), 416;

and "first in war" description, 443-45;

and powers of territorial Governor, 446 _n._;

and slavery, 449;

and Adams's advances to Jefferson, 519 _n._;

and Jefferson, =4=, 579.

Lee, Richard Henry, lease to M.'s father, =1=, 51;

in the Legislature, 203, 208;

on distance as obstacle to Federal Government, 256;

on revolutionary action of Framers, 324;

in campaign for Ratification delegates, arguments, 366;

and title for President, =2=, 36;

chosen Senator, 50.

Lee, Robert E., Randolph ancestry, =1=, 10.

Lee, S., on Ratification contest, =1=, 341.

Lee, Thomas Ludwell, lease to M.'s father, =1=, 51.

Leggett, William, hostile criticism of M.'s career, =4=, 591.

Legislature of Virginia, M.'s elections to, =1=, 164, 202, 211, 212,

228, 242, =2=, 54, 130, 159;

aspect and character after the Revolution, =1=, 200-02, 205-08;

M.'s colleagues (1782), 203;

organisation (1782), 203;

M.'s committee appointments, 204, 213;

regulation of elections, 207;

commutable act, 207;

citizenship bill, 208;

relief bill for Thomas Paine, 213;

loyalists, 214;

insulted, 215;

avoids just debt, 215;

and amendment of State Constitution, 216;

Potomac River improvement, 217, 218;

chancery act, 218-20;

religious freedom, 221, 222;

British debts, 224-31;

and Confederate impost, 233;

and Continental debt, 234, 235;

and Confederate navigation acts, 234, 235;

foreign extradition act, 235-41;

calling of Ratification Convention, 244-48;

hope of Anti-Constitutionalists in, 462, 463, 468;

and Clinton's letter for second Federal Convention, 477;

attempt to undo Ratification, =2=, 48-51, 57 _n._;

measures (1789), 55-57;

ratifies first ten Federal amendments, 57, 58;

on assumption of State debts, 65-69;

and Federal suits on British debts, 83;

and suits against States, 83;

hostility to Bank of United States, 84;

and investigation of Hamilton, 84;

resolutions on Jay Treaty, 131-37;

virtual censure of Washington, 137-40;

Federal constitutional amendments proposed by, 141-43;

cold address to Washington (1796), 149-52;

and compromise on Fairfax estate, 208;

M. foretells Virginia Resolutions, 395;

passage of the Resolutions, 399;

Madison's address of the majority, 400, 401;

M.'s address of the minority, 402-06;

military measures, 406, 408;

proposed appropriation to defend Callender, =3=, 38 _n._;

Olmstead case and Nationalism, =4=, 21 _n._;

censure of M'Culloch _vs._ Maryland and restrictions on Missouri,

324-27;

proposed amendment on Federal Judiciary, 371, 378;

and Nullification, 558, 567-73.

_See also_ House of Burgesses.

Leigh, Benjamin Watkins, practitioner before M., =4=, 237 _n._;

in Virginia Constitutional Convention, 502 _n._;

Virginia commission to South Carolina, 573;

tribute to M., 590;

and Quoit Club memorial to M., 592.

Leigh, Nicholas, practitioner before M., =4=, 237 _n._

Leipzig, battle of, =4=, 51.

_Leopard-Chesapeake_ affair, =3=, 475-77, =4=, 9.

Letcher, Robert P., attack on Supreme Court, =4=, 394.

Lewis, B., sells house to M., =1=, 189.

Lewis, Morgan, and Livingston steamboat monopoly, =4=, 409 _n._

Lewis, William, in Fries trial, =3=, 35.

Lewis, William B., as Jackson's adviser, =4=, 532 _n._

Lewis, William D.,

on opinion in M'Culloch _vs._ Maryland, =4=, 289 _n._

_Lex Mercatoria_, as a vade mecum, =1=, 186 _n._

Lexington, Ky., and Jay Treaty, =2=, 118.

Liberty, J. Q. Adams on genuine, =2=, 17, 18.

_See also_ Government.

Libraries, in colonial Virginia, =1=, 25.

License, unconstitutionally of State, of importers, =4=, 454-59.

Lincoln, Abraham, resemblance to M., =4=, 92, 93;

M.'s M'Culloch _vs._ Maryland opinion and Gettysburg Address,

293 _n._;

as expounding M.'s doctrines, 344;

and Union and slavery, 473.

Lincoln, Benjamin, and the militia, =1=, 86;

on Shays's Rebellion and Ratification, 343, 347 _n._;

and Embargo, =4=, 16.

Lincoln, Levi, midnight-appointments myth, =2=, 561, 562;

and Marbury _vs._ Madison, =3=, 126;

commission on Georgia cession, 574 _n._;

and Justiceship, =4=, 108, 109.

Lindsay _vs._ Commissioners, =3=, 613.

Linn, James, and election of Jefferson, reward, =3=, 81 _n._

Liston, Robert, and Bowles, =2=, 498.

Literature, in colonial Virginia, =1=, 24, 25, 43;

M.'s taste and reading, 41, 44-46, =4=, 79, 80;

M.'s book-buying, =1=, 184-86, =2=, 170;

Weems's orders for books (c. 1806), =3=, 252 _n._, 253 _n._

Little _vs._ Barreme, =3=, 273 _n._

Livermore, Samuel, on Judiciary Act of 1789, =3=, 54.

Livingston, Brockholst, on Fletcher _vs._ Peck, =3=, 585;

appearance, =4=, 132;

and Dartmouth College case, 255-57, 258 _n._, 275;

death, 256 _n._

Livingston, Edward, and Jonathan Robins case, =2=, 461, 474;

and Wilkinson's reign of terror, =3=, 335;

Jefferson's hatred, 335 _n._;

Batture litigation, Jefferson case, =4=, 100-16;

later career, 115 _n._;

Jackson's Nullification Proclamation, 562.

Livingston, John R. _See_ North River Steamboat Co. _vs._ Livingston.

Livingston, Robert R., and steamboat experiments, =4=, 398, 399;

grants of steamboat monopoly in New York, 399;

and steamboats on the Mississippi, monopoly in Louisiana, 402, 414;

monopoly and interstate voyages, 403, 404;

suits, 405-09.

_See also_ Gibbons _vs._ Ogden.

Livingston, William, on militia, =1=, 86;

on evils of paper money, 296.

Livingston _vs._ Jefferson, =4=, 100-16.

Livingston _vs._ Van Ingen, =4=, 405-09.

Loan certificates. _See_ Craig _vs._ Missouri.

Localism, and isolation, =4=, 191.

_See also_ Nationalism; State Rights.

Logan, ----, on Ratification in Virginia, =1=, 445.

London, John, and Granville heirs case, =4=, 155 _n._, 156 _n._

Longstreet, William, and Yazoo lands act, =3=, 546-48.

Lord, John K., acknowledgment to, =4=, 233 _n._

Lotteries, popularity, =2=, 56 _n._;

for public funds, =4=, 344 _n._

_See also_ Cohens _vs._ Virginia.

Louis XVI and early French Revolution, =2=, 31 _n._

Louisiana, admission as reason for secession, =4=, 27;

grant of steamship monopoly, 402, 414.

Louisiana Purchase, retrocession to France, =3=, 146;

Jefferson and problem of New Orleans, 146;

treaty, 147;

Jefferson's dilemma, 147-49;

attitude of Federalists, 148-53.

Louisville, first steamboat, =4=, 403 _n._

Love, William, testimony in Burr trial, =3=, 488.

Lovejoy, King, and Ratification, =1=, 341.

Lovell, Sarah (Marshall), =1=, 485.

Lowell, John, on Adams's Burr conspiracy report, =3=, 543 _n._;

as British partisan, =4=, 9;

opposition to War of 1812, 45, 46;

on impressment, 53.

Lowdermilk, Will H., on Braddock's defeat, =1=, 2 _n._-6 _n._

Lowndes, William, and War of 1812, =4=, 29;

on Bank of the United States, 289.

Lowrie, Walter, on Missouri question, =4=, 342.

Loyalists, Virginia post-Revolutionary legislation, =1=, 214;

support Ratification, 423 _n._;

attitude (1794), =2=, 110;

Federalists accused of favoring, =3=, 32;

in M.'s biography of Washington, 245.

Lucas, John C. B., and Addison, =3=, 47 _n._

Lucius letters, =2=, 543 _n._

Luckett, John R. N., and Adair, =3=, 336.

Lumpkin, Wilson,

defies Supreme Court in Cherokee question, =4=, 548, 551, 552 _n._

Lusk, Thomas, in Ratification Convention, =1=, 346.

Lynch, Charles, and Burr, =3=, 313.

Lynchburg, Va., tribute to M., =4=, 591.

Lyon, Matthew, conviction for sedition, =3=, 30, 31;

lottery to aid, 32;

Jefferson's favor, 81 _n._;

and Burr, 292.

Lyons, Peter of Virginia Court of Appeals, =4=, 148.

McAlister, Matthew, and Yazoo lands, =3=, 555.

McCaleb, Walter F., on isolation of Burr, =3=, 280 _n._;

on Burr-Merry intrigue, 289 _n._;

on Burr-Casa Yrujo intrigue, 290 _n._, 300 _n._;

on Morgans, 309 _n._;

study of Burr conspiracy, 538 _n._

M'Castle, Doctor, in Burr conspiracy, =3=, 491.

Maclay, Samuel, on Judiciary Act of 1789, =3=, 54;

of Smith committee, 541 _n._

McCleary, Michael, witness against Pickering, reward, =3=, 181 _n._

McClung, James, professor at William and Mary, =1=, 155 _n._

McClurg, James, Richmond physician, =1=, 189 _n._

M'Culloch, James W. _See_ M'Culloch _vs._ Maryland.

M'Culloch _vs._ Maryland,

importance and underlying conditions, =4=, 282, 290, 304, 308;

agreed case, facts, 283, 331;

public interest, 283;

counsel, 284;

argument, 285-88;

acquiescence in power to establish bank, 285, 291;

scope of implied powers, 285, 286, 294-301, 316, 337;

M.'s opinion, 289-308;

preparation of opinion, 290;

Federal government established by the people, 292;

supremacy of National laws, 293;

sources of power to establish bank, 295;

Federal freedom of choice of instruments, 301;

Federal instruments exempt from State taxation, 304-07;

and National taxation of State banks, 307, 308;

National powers paramount over State power of taxation, 302-04;

attack on opinion in _Niles' Register_, 309-12;

bank as monopoly, 310, 311, 338;

opinion as political issue, union of attack with slavery and

secession questions, 311, 314, 325-27, 338, 339;

opinion as opportunity for Virginia attack on M., 312;

Roane's attack, 312-17;

M. and attacks, his reply, 314, 315, 318-23;

attack on concurring Republican Justices, 317;

Roane buys and M. sells bank stock, 317, 318;

demand for another court, 323, 325;

censure by Virginia Legislature, 324-27;

denunciation by Ohio Legislature, 330-33;

action by other States, 333-35;

denial of power to erect bank, 334, 336, 337;

Taylor's attack, 335-39;

Jefferson's comment, 339;

Jackson denies authority of decision, 530-32.

McDonald, Anthony, as teaching hatter, =1=, 272.

McDonald, Joseph E., on M. as a lover, =1=, 163 _n._

McDuffie, George, and non-intercourse with tariff States, =4=, 538.

McGrane, R. C., acknowledgment to, =4=, 318 _n._

McHenry, James, forced resignation, =2=, 485;

on M. and State portfolio, 489;

on Adams's temperament, 489 _n._;

on Federalist dissensions, 521;

and sedition trial, =3=, 32.

M'Ilvaine _vs._ Coxe's Lessee, =4=, 54 _n._

M'Intosh, Lachlan, and Yazoo lands act, =3=, 547.

McKean, Thomas, in Ratification Convention, =1=, 330, 332;

and pardon of Fries, =2=, 429.

Mackie, ----, Richmond physician, =1=, 189 _n._

M'Lean, John, relief bill, =1=, 204.

McLean, Justice John, appointment, =4=, 510;

dissent in Craig _vs._ Missouri, 513;

and M., 582;

and Briscoe _vs._ Bank and New York _vs._ Miln, 583, 584 _n._

Macon, Nathaniel, and Chase impeachment, =3=, 170.

MacRae, Alexander, prosecutes Burr, =3=, 407;

on subpoena to Jefferson, 437;

on M.'s statement of prosecution's expectation of conviction, 448;

on overt act, 494;

in trial for misdemeanor, 522.

Madison, Bishop James, as professor at William and Mary, =1=, 155.

Madison, James, as statesman, =1=, 32;

in the Legislature, 203;

on post-Revolutionary Legislature, 205, 206;

on amendment of constitutions, 216;

and British debts, 226, 228;

and payment of Continental debt, 235, 440;

and extradition bill, 236, 239;

loses faith in democracy, 252, 300;

on state of trade (1785), 262;

use of cipher, 266 _n._;

on community isolation, 285;

on demand for division of property, 294;

on spirit of repudiation, 295, 306;

fear of paper money, 297 _n._;

on failure of requisitions, 305 _n._;

on economic basis of evils under Confederation, 310, 311;

on need of uniform control of commerce, 312;

on need of negative on State acts, 312;

on opposition in Pennsylvania to Ratification, 338;

change of views, 338, 401, =2=, 46, 50, 79;

on Ratification contest in Massachusetts, =1=, 339;

on Hancock, 339 _n._;

on Massachusetts amendments, 349;

on contest in New Hampshire, 355;

and Randolph's attitude on Ratification, 362, 363, 377;

on delegates to the Virginia Convention, 367;

in Ratification Convention: and detailed debate, 370;

and offer of conciliation, 384;

on prospects of Convention, 384, 434, 462;

participation in debate deferred, 384;

characterized, 394;

in the debate in Convention, 394, 395, 397, 421, 428, 430-32,

440, 442, 449, 470;

compared with Hamilton, 397 _n._;

on Oswald at Richmond, 402;

on opposition's policy of delay, 434;

on treaty-making power, 442;

and gradual consolidation, 446;

on Judiciary, 449;

on Judiciary debate, 461, 462;

in contest over recommendatory amendments, 473;

on personal influence in Ratification, 476;

on Publicola papers, =2=, 15 _n._, 19;

influence on, of popularity of French Revolution, 20, 27;

on opposition after Ratification, 45;

defeated for Senate, 49, 50;

elected to the House, 50 _n._;

attacks M. (1793), 99, 100;

and M.'s integrity, 140;

and appointment to X. Y. Z. Mission, 227, 281;

on X. Y. Z. dispatches, 340;

on Alien Act, 382;

Virginia Resolutions, 399;

address of the Legislature, 400, 401;

and Adams's Cabinet, 487;

on Washington's and Adams's temperaments, 487 _n._;

on champagne, =3=, 10 _n._;

and Marbury _vs._ Madison, 110, 111, 126;

on declaring acts void, 115 _n._, 120 _n._;

and Judiciary Act of 1789, 129;

and M.'s biography of Washington, 228, 229;

and Miranda, 300, 301;

and trial of Burr, 390-92;

and Andrew Jackson, 405;

and Ogden-Smith trial, 436 _n._;

and J. Q. Adams, 541 _n._;

on obligation of contracts, 558 _n._, =4=, 245;

commission on Georgia cession, =3=, 574 _n._;

inauguration, 585;

and Fletcher _vs._ Peck, 593;

and Olmstead case, =4=, 21;

Erskine incident, 22;

and Minister Jackson, 23;

and Napoleon's pretended revocation of decrees, 26, 36-39, 48-50;

War Message, 29;

M. proposed as opponent for Presidency (1812), 31-34;

dismisses Smith, 34;

and Hay's pamphlet on impressment, 53;

Jefferson and appointment of Tyler as District Judge, 103-06;

and successor to Justice Cushing, 106-10;

and first Bank of the United States, 172;

and second Bank, 180;

and attack on Judiciary, 371, 378;

veto of Bonus Bill, 417;

Randolph's arraignment, 419;

on commerce clause, 423 _n._;

and American Colonization Society, 474, 476 _n._;

in Virginia Constitutional Convention, 484;

conservatism there, 489, 507;

and tenure of judges of abolished court, 496, 500;

on Nullification, 556;

M. on it, 557;

later explanation of Virginia Resolves, 557.

Mail, conditions (c. 1790), =1=, 264-66;

secrecy violated, 266.

Maine, Sir Henry S., on Dartmouth College case, =4=, 277.

Maine, and Nullification, =4=, 559.

Majority, decrease in faith of rule by, =1=, 252, 253;

rights, =2=, 17;

M. on rule, 402.

_See also_ Democracy; Government.

Malaria, in Washington, =3=, 6.

Mandamus jurisdiction of Supreme Court in Judiciary Act of 1789,

M.'s opinion of unconstitutionality, =3=, 127, 128, 132, 133;

general acceptance of jurisdiction, 128-30.

Manhattan Company, Burr and charter, =3=, 287 _n._

Manufactures, M. on conditions in France (1797), =2=, 267, 268;

effect of War of 1812, =4=, 57.

Marbury, William, Marbury _vs._ Madison, =3=, 110.

Marbury _vs._ Madison, underlying question, =3=, 49, 50, 75, 104-09,

116, 118, 127, 131, 142;

references to, in Judiciary debate (1802), 61 _n._, 63, 78, 80, 86;

expected granting of mandamus, 62 _n._, 90 _n._, 112;

arguments anticipated, M.'s knowledge of earlier statements, 75,

116-20, 611-13;

facts of case, 110, 111;

as vehicle for assertion of constitutional authority of Judiciary,

dilemma and its solution, 111, 126-33;

dangers in M.'s course, 111-14;

M.'s personal interest, 124, 125;

practical unimportance of case, 125;

hearing, 125, 126;

M.'s opinion, 133-42;

right to commission, 133-35;

mandamus as remedy, 135;

unconstitutionality of Court's mandamus jurisdiction, 136-38;

declaring acts void, 138-42;

opinion and assault on Judiciary, 143, 153, 155;

Jefferson and opinion, 143, 144, 153, 431, 432, =4=, 363;

little notice of decision, =3=, 153-55;

first citation, 154 _n._

Marietta, Ohio, and Burr conspiracy, =3=, 312, 324.

Marine Corps, debate in Congress (1800), =2=, 446-48.

Markham, Elizabeth, =1=, 14, 16.

Markham, Lewis, =1=, 16.

Marriage, Henry's plan for intermarriage of whites and Indians,

=1=, 240 _n._, 241.

Marryat, Frederick, on newspaper abuse, =4=, 175 _n._;

on Localism, 191.

Marsh, Charles, and Dartmouth College case, =4=, 256, 258.

Marshall, Abraham, M.'s uncle, =1=, 485.

Marshall, Alexander, M.'s brother, birth, =1=, 38 _n._

Marshall, Ann, Mrs. Smith, =1=, 485.

Marshall, Charles, M.'s brother, birth, =1=, 38 _n._

Marshall, Charlotte, M.'s sister, birth, =1=, 56 _n._

Marshall, Edward C, M.'s son, birth, =4=, 73 _n._;

education, 73.

Marshall, Elizabeth (Markham), M.'s grandmother, =1=, 14, 16;

bequest in husband's will, 485, 486.

Marshall, Elizabeth, M.'s sister, birth, =1=, 34 _n._

Marshall, Elizabeth, acknowledgment to, =4=, 528 _n._

Marshall, Hester (Morris), =2=, 203.

Marshall, Humphrey, as delegate to Ratification Convention, =1=, 320;

on popular fear of Constitution, 321 _n._;

votes for ratification, 411 _n._;

and Jay Treaty, =2=, 118;

and Burr conspiracy, =3=, 315, 317;

on Embargo and secession, =4=, 17.

Marshall, Jacquelin A., M.'s son, birth, =1=, 190 _n._, =4=, 73 _n._;

education, 73.

Marshall, James K., M.'s son, birth, =2=, 453, =4=, 73 _n._;

education, 73;

M.'s home with, 528.

Marshall, James M., M.'s brother, birth, =1=, 38 _n._;

M. helps, 197;

and imprisonment of Lafayette, =2=, 33;

and Fairfax estate, 100, 203-11;

and M.'s business affairs, 173 _n._;

marriage to Morris's daughter, 203;

and M. in Europe, 232 _n._;

staff office in French War, 357;

Federal appointment as nepotism, 560 _n._;

witness in Marbury _vs._ Madison, =3=, 126.

_See also_ Martin _vs._ Hunter's Lessee.

Marshall, Jane, M.'s sister, birth, =1=, 56 _n._;

M. and love affair, =2=, 174, 175;

marriage, 175 _n._

Marshall, John, M.'s grandfather, career, =1=, 12, 13;

will, 485;

deed from William Marshall, 487, 488.

Marshall, John, M.'s uncle, =1=, 485.

Marshall, John,

_early years and private life_:

birth, =1=, 6;

Randolph and Isham ancestry, 10;

similarity in conditions of Jefferson's birth, 11 _n._;

Marshall ancestry, real and traditional, 12-16;

Keith ancestry, 16;

boyhood homes and migrations, 33-37, 55;

boyhood life, 38-41;

education, 42, 53, 57;

and his father, 42;

reading, Pope's poems, 44-46;

training in order, 45;

influence of Lord Fairfax on training, 49 _n._;

influence of James Thompson, 54;

reads Blackstone, 56;

to be a lawyer, 56;

military training, 56;

training from father's service as burgess, 65, 66;

drilling master for other youths, 70;

patriotic speeches (1775), 72;

at battle of Great Bridge, 76, 78;

lieutenant in the line, 79, 91;

on militia during the Revolution, 85, 100;

military promotions, 91, 138;

spirit as army officer, 91;

in Brandywine campaign, 93-97;

in the retreat, 99;

in battle of Germantown, 102;

cheerful influence at Valley Forge, 117-19, 132;

Deputy Judge Advocate, 119;

judicial training in army, 119;

in Monmouth campaign, 135, 137;

on Lee at Monmouth, 137;

Stony Point, 139, 140;

Pawles Hook, 142;

inaction, awaiting a command, 143, 161;

and Arnold's invasion, 144;

meeting with future wife, courting, relations with Ambler family,

152-54, 159-61, 163;

at William and Mary, extent of law studies, 154, 155, 160, 161,

174-76;

in Phi Beta Kappa, 158;

in debating society, 159;

licensed to practice law, 161;

resigns commission, 162;

walks to Philadelphia to be inoculated, 162;

marriage, 165, 166;

financial circumstances at time of marriage, 166-69;

slaves, 167, 180;

social effect of marriage, 170;

first Richmond home, 170;

lack of legal equipment, 173, 176;

early account books, 176-81, 184-90, 197;

early fees and practice, 177, 181, 184, 187, 190, 196;

children, 179, 190, =2=, 370 _n._, 453, =4=, 72-74;

and Gallatin (1784), =1=, 183;

buys military certificates, 184;

Fauquier land from father, 186;

as a Mason, 187, =2=, 176;

City Recorder, =1=, 188;

later Richmond home and neighbors, 189, =2=, 171;

first prominent case, Hite _vs._ Fairfax, =1=, 191-96;

employed by Washington, 196;

buys Fauquier land, 196;

Robert Morris's lawyer, 401 _n._;

list of cases, 567-70;

and James River Company, =2=, 56;

profits from legal practice, 169-71, 201;

and new enterprises, 174;

method as pleader, 177-82, 192-96;

extent of legal knowledge, 178;

neglect of precedents, 179;

statement of cases, 180, 181;

character of cases, 181;

in Ware _vs._ Hylton, on British debts, 186-92;

and Robert Morris, investments, 199, 200;

Fairfax estate, 203-11, 371, 372, =3=, 223, 224, =4=, 148-50,

150 _n._, 152, 157;

financial reasons for accepting X. Y. Z. Mission, =2=, 211-13;

biography of Washington (_see_ Biography);

as Beaumarchais's attorney, 292;

interest in stability of contracts, =3=, 582;

life in Washington, =4=, 80, 81;

illness, operation for stone, 518, 520-24, 528;

will, 525 _n._;

later residence, 527;

decline, 586, 587;

death, 587;

escort of body to Richmond, 588;

funeral, 588;

inscription on tomb, 593.

_Virginia Legislature, Ratification, and later State affairs_:

elections to Legislature, =1=, 164, 202, 211, 212, 228, 242,

=2=, 54, 130, 159;

character as legislator, =1=, 202;

committee appointments and routine work, 204, 213, 218, 368,

=2=, 54-56, 141;

first votes, =1=, 204;

on character of Legislature, 206-08;

elected to Council of State, 209;

election resented, forced out, 209, 211, 212;

political importance of membership in Council, 209 _n._, 210;

and Revolutionary veterans, 213;

and relief for Thomas Paine, 213;

and loyalists, 214;

on amendment of Constitution, 216;

and Potomac Company, 218;

and chancery bill (1787), 218-20;

indifference to religious freedom question, 220, 222;

and British debts, 222, 225-31;

and Continental debt and navigation acts, 234, 235;

and extradition bill, 240;

and intermarriage of whites and Indians, 240 _n._, 241;

and calling of Ratification Convention, 242, 246, 247;

on Shays's Rebellion, 298, 299, 300 _n._, 302;

practical influences on stand for Ratification, 313, 314;

on opposition to Ratification, 356;

candidacy for Ratification Convention, 364;

importance in the Convention, 367;

in the Convention: study, 391;

on Philips attainder case, 393 _n._, 411;

social influence in Convention, 409;

in the debate, 409-20, 436-38, 450-61;

on necessity of well-ordered government, 409-11;

on navigation of the Mississippi, 411;

on necessity of delegated powers, 412, 413;

on Federal taxation, 413-16, 419;

on amendments, 412, 418;

on control of militia and preparedness, 436-38;

on concurrent powers, 436;

and Henry, 438, 464;

on Federal Judiciary, 450-61;

on independence of Judiciary, 451, 459;

on declaring acts void, 452, 453, =2=, 18;

on suits against States, =1=, 454;

on discretion in Congress, 454;

on other jurisdiction, 455;

on jury trial, 456, 457;

of committee on amendments, 477;

on opposition after Ratification, =2=, 45 _n._;

survey and report on Virginia internal improvements, =4=, 42-45;

and Bank of Virginia incident, 194;

election to Constitutional Convention, 467;

attitude on issues there, 468, 470, 471, 488, 507, 508;

standing there, 489;

in debate on Judiciary, 489-501;

and on suffrage, 502;

anticipates split of Virginia, 571.

_Federal affairs_:

relationship with Jefferson, =1=, 9;

on early approbation of French Revolution, =2=, 4;

on St. Domingo negro insurrection, 20, 21;

on popular enthusiasm for French Revolution, 22, 23;

on conservative American opinion, 23;

and imprisonment of Lafayette, 32-34;

and democratic societies, 41;

on origin of State Rights contest, 48;

and Madison's candidacy for Senate, 50;

declines Federal appointments, 53;

and first amendments, 58;

and attack on assumption, 65, 66;

continued popularity, 78;

Jefferson's attempt to sidetrack him (1792), 79-81;

refuses to stand for Congress (1792), 81;

on opposition to Federal excise, 87;

and Whiskey Insurrection, 89, 90;

Brigadier-General of Militia, 90;

on assault on Neutrality Proclamation, 93, 94, 96;

support of policy of neutrality, 97-99, 235, 387, 402, 403,

507-09;

first Republican attacks on, 98-103;

and post at New Orleans (1793), 99;

attacks on character, 101-03, 409, 410;

military enforcement of neutrality, 103-06;

on British depredations on neutral trade (1794), 108;

on retention of frontier posts, 111;

leader of Virginia Federalists, 122;

refuses Cabinet offers, 122, 123, 147;

advises on Cabinet appointments, 124-26, 132;

defense of Jay Treaty, 126, 129 _n._;

and Jay Treaty resolutions of Legislature, 133-37;

on treaty-making power (1795), 134-36;

and Legislature's indirect censure of Washington, 138, 140;

Jefferson's accusation of hypocrisy (1795), 139, 140;

and proposed amendments, 141;

declines French mission (1796), 144-46;

and Richmond meeting on Jay Treaty, 149-55;

sounds Henry on presidential candidacy (1796), 156-58;

and Virginia address to Washington (1796), 159-62;

growth of the Jefferson feud, 165;

and Federalist leaders (1796), 198;

declines Jay Treaty commissionship, 200-02;

X. Y. Z. Mission [_see_ this title];

on John Adams (1797), 214;

Adams on, 218;

on The Hague, 231;

on 18th Fructidor, 232, 236-44;

on conditions in Holland (1797), 233-35;

on conditions at Antwerp, 246, 247;

on French economic conditions, 267-70;

on Treaty of Campo Formio, 271;

on French military and financial conditions, 321-23;

on liberty and excess of press, 331;

refuses Associate Justiceship, 347, 378, 379;

beginning of Jefferson's open warfare, 358;

Washington persuades him to run for Congress (1798), 374-78;

Republican attacks on candidacy, M. on attacks, 379, 395, 396,

407, 409, 410;

on expediency of Alien and Sedition Acts, 386, 388, 389, =3=, 106;

answers to queries on principles, =2=, 386-89, 574-77;

Federalists on views on Alien and Sedition Acts, 389-94, 406;

on motives of Virginia Republicans, 394, 407;

address of minority of Virginia Legislature, 402-06;

on rule of the majority, 402;

on preparedness, 403, 476-80, 531;

attack on Virginia Resolutions, 404;

on constitutionality of Alien and Sedition Acts, 404;

electioneering, 409;

defeat expected, 410;

effect of Henry's support, 410-13;

at the polls, 413-16;

elected, 416;

Washington's congratulations, 416;

apology to Washington for statements of supporters, 416, 417;

Federalists on election, their misgivings, 417-19;

Jefferson on election, 419;

and officers for army (1799), 420;

visit to father in Kentucky, Jefferson's fear of political

mission, 421, 422;

and French hostility as Federalist asset, 422;

approves reopening of French negotiations, 428, 433, 436;

importance to Federalists in Congress, 432, 436, 437;

of committee to notify President, 432;

reply of House to Adams's address, 433-36;

on question of reducing army (1800), 436, 439, 476-81;

on campaign plots and issues, 438-40;

addresses on death of Washington, 440-43;

and phrase "first in war," 443-45;

use of term "American Nation," 441;

activity in Congress, 445;

and cession of Western Reserve, 446;

and powers of territorial Governor, 446;

and army officers' insult of Randolph, 446;

and Marine Corps Bill, debate with Randolph, 446-48;

and land grants for veterans, 448;

attitude towards slavery (1800), 449, 450;

votes to repeal Sedition Act, 451;

political independence, 451, 452;

kills Disputed Elections Bill, 455-58;

and delay in Jonathan Robins case, 462, 463;

importance and oratory of speech on case, 464, 473;

arguments in speech, 465-71;

on jurisdiction on high seas, 465-67;

on basis of piracy, 467;

on limitation to jurisdiction of Federal Courts, 468-70;

on incidental judicial powers of Executive, 470;

on President as sole organ in external relations, 470;

comments and effect of speech, 471-75;

Jefferson's blindness to merit, 475;

and Bankruptcy Bill, 481, 482;

refuses War portfolio, 485;

appointment as Secretary of State, 486, 489, 491;

Republican comment on appointment, 490, 492;

Federalist comment, 492;

as Secretary, incidents of service, 493, 494, 499;

and office-seekers, 494;

and pardon of Williams, 495;

and continued depredations on neutral trade, 496;

and _Sandwich_ incident, 496;

and Bowles's activity in Florida, 497-99;

and Barbary Powers, 499;

and disruption of British-debts commission and proposed

compromise, 502-05;

instructions to King on British depredations, 506-14;

on unwarranted increase of contraband list, 509-11;

on paper blockade, 511;

on unfairness of British admiralty courts, 511, 512;

on impressment, 513;

and breaking-up of Federalist Party, 514, 515, 526;

loses control of district, 515;

and prospects of new French negotiations, 522, 523;

and French treaty, 525;

writes Adams's address to Congress, 530, 531;

on need of navy, 531;

and extension of Federal Judiciary, 531, 548;

and _Washington Federalist_, 532 _n._, 541, 547 _n._;

neutrality in Jefferson-Burr contest, 536-38;

personal interest in it, 538, 539;

effect of his neutrality, 539;

opinion of Jefferson (1800), 537;

and threatened deadlock, 541-43;

Fairfax estate and Judiciary Bill (1801), 551;

continues as Secretary of State, 558;

and judgeship for Wolcott, 559, 560;

and midnight appointments, myth concerning, 559, 561, 562;

and accusation of nepotism, 560 _n._;

in defeat of party, =3=, 11;

and Republican success, 15;

on Jefferson's inaugural, 18;

and Callender trial, 39;

on trials for violating Neutrality Proclamation, 26;

on settlement of British debts controversy, 103;

on political conditions (1802), 104;

opposition to War of 1812 and hatred of France, =4=, 1-3, 15,

35-41, 49, 50, 55, 125;

opposition to Embargo, 14, 15;

on Jackson incident and Federalist defeat (1809), 24, 25;

proposed for President (1812), 31-34, 46, 47;

and Richmond Vigilance Committee, 41 _n._;

refrains from voting, 462, 465;

incident of election of 1828, 462-65;

on House election of Adams, 462 _n._;

on Jackson's inauguration, 466;

and American Colonization Society, 473-76;

and Jackson's war on the Bank, 528, 533, 535;

on Virginia and Jackson's veto of Harbor Bill, 534;

and election of 1832, 534;

and Indian policy, 542 _n._

_Chief Justice_:

Appointment, =2=, 553;

Adams on qualifications, 554:

reception of appointment, 555-57;

acceptance, 557, 558;

Jefferson and appointment, 652, =3=, 20;

general inappreciation of appointment, =2=, 563;

change in delivery of opinions, =3=, 16;

_Amelia case_, law of prize, 16, 17;

Wilson _vs._ Mason, Kentucky land case, 17;

United States _vs._ Peggy, treaty as supreme law, 17;

Turner _vs._ Fendall, practice and evidence, 18;

influence of Alien and Sedition Acts on career, 49;

and assault on the Judiciary (1802), 50, 75;

Judiciary Act of 1801 and acceptance of Chief Justiceship, 58;

and Giles, 76 _n._;

Giles's sneer at and Bayard's reply, 77;

and annulment of repeal of Judiciary Act, 85, 91, 92, 93 _n._,

95-97, 122, 123, =4=, 489, 490;

on circuit, =3=, 101-03, =4=, 63-66;

preparation for assertion of constitutional authority of

Judiciary, 104, 109;

Marbury _vs._ Madison [_see_ this title];

American Insurance Co. _vs._ Canter, annexation and territorial

government, =3=, 148, =4=, 143, 144;

removal by impeachment planned, his fear of it, =3=, 155, 161-63,

176-79, 192, 196;

United States _vs._ Fisher, implied powers, 162;

importance of Chase trial to, 175-79, 191, 192, 196, 220, 222;

suggests legislative reversal of judicial opinions, 177, 178;

Randolph's tribute to, in Chase trial, its political importance,

188, 214-16;

as witness in trial, 192-96;

early opinions, 273;

and rumors on Burr Conspiracy, 338;

and habeas corpus for Swartwout and Bollmann, 346;

opinion on their discharge, effect of misunderstanding of

statement on presence at overt act, 349-57, 414 _n._, 484,

493, 496, 502, 506-09;

rebukes of Jefferson's conduct, 351, 376;

warrant for Burr's arrest, 370;

preliminary hearing and opinion, 370, 372-79;

conduct and position during Burr trial, 375, 397, 404, 407, 408,

413 _n._, 421, 423, 480, 483, 484, 494, 517, 526;

Jefferson's criticism of preliminary hearing, 386-89;

at dinner with Burr, 394-97;

on difficulty of fair trial, 401;

and counsel at trial, 408;

and selection of grand Jury 409, 410, 413;

instructions to grand jury, 413-15, 442, 451;

and new motion to commit for treason, 415, 416, 421, 422, 424,

425, 428;

and subpoena to Jefferson, 434, 443-17, 455, 518-22;

admonition to counsel, 439;

opinion on overt act, 442, 504-13, 619-26;

on prosecution's expectation of conviction, 447-49;

and pardon for Bollmann, 452, 453;

and attachment against Wilkinson, 473, 475;

and confinement of Burr, 474, 478;

and selection of petit jury, 475, 482;

seeks advice of associates, 480;

on preliminary proof of overt act, 485-87;

and threat of impeachment, 500, 501, 503, 512, 516;

on testimony not on specified overt act, 512, 542;

and irregular verdict, 514;

denies further trial for treason, 515;

and bail after treason verdict, 516;

and commitment for trial in Ohio, 524, 527, 528, 531 _n._;

Burr's anger at, 524, 528;

and Daveiss's pamphlet, 525;

attacks on for trial, 526, 532-35, 540;

on trial and Baltimore tumult, 529;

Jefferson urges impeachment, 530-32;

Baltimore mob burns him in effigy, 535-40;

J. Q. Adams's report on Burr trial, 542, 543;

later relations with Adams, 542 _n._;

foreign affairs prevent efforts to impeach, 545;

importance of Fletcher _vs._ Peck opinion, 556, 593, 602;

knowledge of Granger's memorial on Yazoo claims, 576 _n._;

and of congressional debate on it, 582;

administers oath to Madison, 585;

hearings and opinion in Fletcher _vs._ Peck, Yazoo claims and

obligation of contract, 585-91;

congressional denunciation of opinion, 595-601;

rebukes resistance of National authority by State, opinion in

Olmstead case, =4=, 18-20;

checks reaction against Nationalism, 58;

period of creative labor, 59;

influence over associates, causes, 59-61, 444;

conduct on the bench, 82;

life and consultation of Justices, 86-89;

character of control over Supreme Court, 89, 90;

popularity with the bar, 94;

encourages argument, 94 _n._, 95;

Story as supplementing, 96, 119, 120, 523;

Story's devotion, 99, 523;

Livingston _vs._ Jefferson, Jefferson's manipulation of colleague,

104-16;

Nationalism and upholding of doubtful acts of Congress,

suppression of personal feelings, 117, 546;

_Adventure_ case, interpretation of Embargo, 118;

_obiter dicta_, 121, 369;

and international law, 121;

_Exchange_ case, immunity of foreign man-of-war, 121-25;

United States _vs._ Palmer, _Divina Pastora_, international status

of revolted province, belligerency, 126-28;

dissent in _Venus_ case, domicil during war and enemy character,

128, 129;

_Nereid_ case, neutral property in enemy ship, 136-42;

and Martin _vs._ Hunter's Lessee, 145, 148-50, 150 _n._, 152-155,

157, 161, 164;

Granville heirs case, 154, 155;

private letter on Hunter decision, 164 _n._, 165 _n._;

decisions of 1819 as remedies for National ills, 168, 169, 203,

208, 220;

Sturges _vs._ Crowninshield, State insolvency laws and obligation

of contracts, 209-19;

New Jersey _vs._ Wilson, exemption from taxation and obligation

of contracts, 221-23;

and Dartmouth College case, 251, 252, 255, 259 _n._, 261, 273,

274;

opinion in case, charters and obligation of contracts, 261-73;

consequences of opinion, 276-81;

importance and aim of M'Culloch _vs._ Maryland opinion, 282, 308;

on Pinkney, 287;

tribute to argument of case, 288;

opinion in case, 289-308;

debt of Webster and Lincoln to, 293 _n._, 553, 554;

attacks on opinion, 309-17, 323-27, 330-39;

and change in reputation of Supreme Court, 310;

on attacks reply to them, 312, 314, 315, 318-23;

sells bank stock, 318;

importance and purpose of Cohens _vs._ Virginia, 342;

opinion in case, 347-57;

on attacks on opinion, 359-62;

Jefferson's attack (1821), 363-66;

Taylor's attack on Nationalist doctrine, 367;

as center of strife over political theories, 370;

on Johnson's Elkison opinion, 383;

opinion in Osborn _vs._ Bank, 385-94;

satisfying disposition of cases, 393, 394;

importance and effect of Gibbons _vs._ Ogden, 413, 423, 429, 446,

447, 450;

opinion in Brig Wilson _vs._ United States, navigation, 428, 429;

opinion in Gibbons _vs._ Ogden, control over commerce, 429-43;

tribute to Kent, 430, 441;

reception of opinion, 445;

change in congressional attitude toward, 452, 454;

opinion in Brown _vs._ Maryland, foreign commerce, 455-59;

warning to Nullifiers, 459;

survival of opinions, 460;

character of last decade, 461, 518, 581, 582;

_Antelope_ case, slave trade and international law, 476, 477;

Boyce _vs._ Anderson, common carriers and transportation of

slaves, 478;

dissent in Ogden _vs._ Saunders, insolvency laws and future

contracts, 481;

opinion in Craig _vs._ Missouri, State bills of credit, 510;

on Supreme Court and threats of disunion, 512, 513;

anticipates reaction in Supreme Court, 513, 514, 582, 584;

on proposed repeal of appellate jurisdiction, 514;

question of resignation, 519-21;

and homage of Philadelphia bar, 521;

Jackson's denial of authority of opinions, 530-32;

and Georgia-Cherokee contest, 542;

opinion in Cherokee Nation _vs._ Georgia, Indians not foreign

nation, 544-46;

rebukes Jackson's attitude toward contest, 546;

opinion in Worcester _vs._ Georgia, control over Indians, 549-51;

mandate ignored, 551;

opinions and Jackson's Nullification Proclamation, 562, 563;

on Story's article on statesmen, 577;

and Briscoe _vs._ Bank and New York _vs._ Miln, 583, 584 _n._,

585 _n._;

in last term, 585;

last opinion, 585.

_Characteristics, opinions and their development_:

idea of Union in early training, =1=, 9;

motto, 17;

filial and brotherly affection and care, 39, 196, =2=, 174, 175;

influence of early environment, =1=, 33, 41, 42;

poetry and novels, 41, =4=, 79, 80;

appearance at nineteen, =1=, 71;

at twenty-six, 151;

in middle age, =2=, 166-69;

fighter, =1=, 73;

humor, 73, =2=, 111, 146, 181, 182, =4=, 61, 62, 78, 82;

athletic ability, =1=, 73, 118, 132;

nickname, 74, 132;

first lessons on need of organization, 78;

influence of army experience, 89, 90, 100, 126, 145-47, 244, 420;

sociability, generosity, conviviality, 152, 180, 187, 188,

=2=, 102, 483, =4=, 78, 79;

as reader, =1=, 153;

book-buying, 184-86, =2=, 170;

negligent dress, =1=, 163, =4=, 61;

gossip, =1=, 182, 183;

as letter-writer, negligent of correspondence, 183 _n._,

=4=, 203 _n._;

and drinking, =1=, 186, =2=, 102 _n._, 332 _n._, =4=, 79;

sympathy, =1=, 188;

and wife's invalidism, 198, =4=, 66-71;

reverence for woman, =1=, 198, =4=, 71, 72;

handwriting, =1=, 211;

early self-confidence, 211;

influence of service in Legislature, 216, 223, 231, 232, 244;

growth of Nationalism, 223, 231, 240, 242-44, 286, 287, =2=, 77,

91, =4=, 1, 55;

loses faith in democracy, =1=, 252, 254, 294, 302, =3=, 109, 265,

=4=, 4, 55, 93, 479-83, 488, 507;

characterized at Ratification Convention, =1=, 408, 409;

as speaker, 409 _n._, 420, =2=, 188, 464;

argument by questions, =1=, 457 _n._;

influence of Ratification, 479;

influence of French Revolution, =2=, 3, 4, 7-9, 20, 32, 34, 44;

preparation for Nationalistic leadership, 52;

integrity, 140, 563, =4=, 90;

effect on, of abuse of Washington, =2=, 163;

appreciation of own powers, 168;

and French language, 170 _n._, 219;

trust, 173;

diversions, 182-85, =4=, 66, 76-78;

La Rochefoucauld's analysis of character, =2=, 196, 197;

ambitiousness, 197;

indolence, 197, 483;

domesticity, 214, 215, 217, 219, 220, 231, 284-86, 369-71,

=4=, 461, 532;

love of theater, =2=, 217, 231;

influence of experiences in France, 287-89, =4=, 2, 3, 15, 125;

peacefulness, =2=, 369;

Sedgwick on character, 483, 484;

and popularity, 483;

good nature, 483, 484;

charm, 483, 484, 563, =4=, 81, 90;

independence, =2=, 484;

fearlessness, 484;

unappreciated masterfulness, 563;

and policy of isolation, =3=, 14 _n._;

light-heartedness, 102;

and honors, 271, =4=, 89;

appearance in maturity, =3=, 371;

and Burr contrasted, 371, 372;

on right of secession, 430;

impressiveness, 447;

prejudice-holding, =4=, 2;

denies right of expatriation, 53-55;

not learned, 60;

simplicity of daily life, 61-63;

marketing, 61;

deliberateness, 62;

fondness for children, 63;

interest in agriculture, 63;

habits of thought and writing, 64, 67, 169, 220, 290;

abstraction, 64, 85;

religion, 69-71;

life at Fairfax estate, 74;

kindness, 75;

conscientiousness, 76;

lack of personal enemies, 78;

dislike of Washington formal society, 83-85;

as conversationalist, 85;

portraits, 85 _n._, 522 _n._;

dislike of publicity, 89;

character in general, 90;

resemblance to Lincoln, 92, 93;

and imprisonment for debt, 215, 216;

Roane's tribute, 313;

and criticism, 321;

humanness, 321;

contrasted with Jackson, 466;

on uplift and labor problem, 471;

and slavery, 472-79;

and death of wife, tribute to her memory, 524-27;

country's esteem, 578, 581 _n._;

Story on green old age, 579;

on attitude toward Jefferson, 579, 580;

and Story's Commentaries and dedication to himself, 569, 576,

580, 581;

on Nullification, 556-59, 562, 569-72, 574, 575;

despondent over state of country, 575-78;

tributes at death, 589-92;

hostile criticism, 591;

Story's verses on, 592, 593.

Marshall, John, M.'s son, M. on, as baby, =2=, 370;

birth, 370 _n._, =4=, 73 _n._;

education, 73.

Marshall, John, New England skipper, =4=, 223.

Marshall, Judith, M.'s sister, birth, =1=, 38 _n._

Marshall, Louis, M.'s brother, birth, =1=, 56 _n._

Marshall, Lucy, M.'s sister, birth, =1=, 38 _n._;

marriage, 166 _n._;

M. helps, 197.

Marshall, Martha, M.'s putative great-grandmother, =1=, 483.

Marshall, Mary, M.'s aunt, =1=, 486.

Marshall, Mary, M.'s sister, birth, =1=, 34 _n._

Marshall, Mary, M.'s daughter, Mrs. Jacquelin B. Harvie,

=3=, 192 _n._, =4=, 73;

birth, 73 _n._

Marshall, Mary Randolph (Keith), M.'s mother,

ancestry and parents, =1=, 10, 16-18;

education and character, 18, 19;

children, 19, 34, 38 _n._, 56 _n._

Marshall, Mary W. (Ambler), courtship, =1=, 148-54, 159, 160, 163;

marriage to M., 165, 166;

children, 179, 190, =2=, 370 _n._, 453, =4=, 73 _n._;

religion, =1=, 189 _n._, =4=, 69;

items in M.'s account book, =1=, 197;

invalid, M.'s devotion, 198, =2=, 371 _n._, =4=, 66-69;

independent means, 524 _n._;

death, M.'s tribute, 524-27.

Marshall, Nancy, M.'s sister, birth, =1=, 56 _n._

Marshall, Peggy, M.'s aunt, =1=, 486.

Marshall, Sarah, Mrs. Lovell, =1=, 485.

Marshall, Susan, M.'s sister, birth, =1=, 56 _n._

Marshall, Thomas, M.'s putative great grandfather, =1=, 14;

will, 483, 484.

Marshall, Thomas, father of M., and Washington, =1=, 7, 46;

and Braddock's expedition, 8;

similarity to Jefferson's father, 11;

birth, 13;

character, 19;

children, 19, 34, 38 _n._, 56 _n._;

as a frontiersman, 31;

settlement in Fauquier County, 33, 34;

migration to "The Hollow," 34-37;

appearance, 35;

slaves, 37 _n._;

education, 42;

and M., 42;

influence of Lord Fairfax, 47, 50;

offices, 51, 58 _n._, 170 _n._;

leases land, 51;

vestryman, 52;

acquires Oak Hill, 55;

in House of Burgesses, 58, 61, 64;

in Virginia Convention (1775), 65, 66;

prepares for war, 67;

major of minute-men, 69;

at battle of Great Bridge, 76, 77;

enters Continental service, 79;

in crossing of the Delaware, 91;

promotions, 95;

in Brandywine campaign, 95;

colonel of State Artillery, 96 _n._, 117 _n._;

source on military services, 148 _n._, 489;

not at surrender of Charleston, 148 _n._;

property, 166;

financial stress, moves to Kentucky, 167-69;

gives M. land, 186;

and M.'s election to Legislature, 202;

and M.'s election to Council of State, 209 _n._;

and British debts, 229, 231;

in Virginia Legislature from Kentucky, 229;

bequest from father, 485;

on Kentucky and National Government (1791), =2=, 68 _n._;

resignation as Supervisor of Revenue, on trials of office, 212 _n._,

213 _n._;

M.'s visit to (1799), 421, 422.

Marshall, Thomas, M.'s brother, birth, =1=, 34 _n._;

in Revolutionary army, 117 _n._

Marshall, Thomas, M.'s son, birth, =1=, 179 _n._, =4=, 73 _n._;

education, 73;

home, 74;

killed, 588.

Marshall, William, putative great uncle of M., =1=, 12, 14, 483;

deed to M.'s grandfather, 487, 488.

Marshall, William, M.'s uncle, =1=, 485.

Marshall, William, M.'s brother, birth, =1=, 38 _n._;

and Chase impeachment, =3=, 176, 191, 192.

Marshals, United States, plan to remove Federalist, =3=, 21;

conduct in sedition trials, 42.

Martin, Luther, and Callender trial, =3=, 37;

in Federal Convention, on declaring acts void, 115 _n._;

counsel for Chase, 186;

career and character, 186 _n._, 187 _n._, 538 _n._;

argument, 201-06;

counsel for Swartwout and Bollmann, 348;

counsel for Burr, 407, 428;

security for Burr, 429 _n._;

on subpoena to Jefferson, 436, 437, 441, 451;

Jefferson's threat to arrest, 451;

on pardon for Bollmann, 452-54;

and confining of Burr, 474;

public hostility, 480 _n._;

on preliminary proof of overt act, 485;

intemperance, 501 _n._, 586 _n._;

on overt act, 501-04;

on the verdict, 513;

and Baltimore mob, 535-40;

Burr's friendship, 538 _n._;

counsel in Fletcher _vs._ Peck, 585, 586;

as practitioner before M., =4=, 95;

and Dartmouth College case, 238 _n._;

counsel in M'Culloch _vs._ Maryland, 284, 286.

Martin, Philip,

sale of Fairfax estate, =2=, 203 _n._, =4=, 149, 150 _n._

_See also_ Martin _vs._ Hunter's Lessee.

Martin _vs._ Hunter's Lessee, early case, =2=, 206-08;

importance, =4=, 144, 166, 167;

M.'s connection with decision, 145, 153, 161, 164;

interest of M.'s brother in case, 145, 150, 153 _n._, 160;

Virginia's political organization, 146;

Hunter's grant, Fairfax's State case against it, 147;

Marshall syndicate compromise on Fairfax lands, 148;

compromise and Hunter's claim, 149, 150 _n._, 152, 157, 163;

decision for Hunter in State court, 151, 152;

Hunter's social position, 151 _n._;

appeal to Supreme Court involving treaties, 153;

Federal statute covering appeal, 153 _n._;

M. and similar North Carolina case, 154, 155;

Story's opinion, treaty protects Fairfax rights, 156;

Johnson's dissent, 157;

Virginia court denies right of Supreme Court to hear appeal, 157-60;

second appeal to Supreme Court, 160;

Story's opinion on right of appeal, 161-63;

M.'s private letter on appellate power, 164 _n._, 165 _n._;

Johnson's dissent on control over State courts, 165, 166.

Martineau, Harriet, on M.'s attitude toward women, =4=, 72.

Maryland, and Kentucky and Virginia Resolutions, =3=, 105 _n._;

tax on Bank of the United States, =4=, 207.

_See also_ Brown _vs._ Maryland; M'Culloch _vs._ Maryland.

Mason, George, as statesman, =1=, 32;

in the Legislature, 203;

on character of post-Revolutionary Legislature, 205 _n._;

and amendment of Virginia Constitution (1784), 217;

and chancery bill (1787), 219;

on loose morals, 220;

and British debts, 229 _n._, 230 _n._, 231;

and Confederate navigation acts, 235;

and calling of Ratification Convention, 245;

in Ratification Convention: characterized, 369;

motion for detailed debate, 369;

and delay, 372;

on consolidated government, 382;

on conciliation, 383;

in the debate, 421-23, 435, 438-40, 445, 448, 467;

appeal to class hatred, 422, 439 _n._, 467;

denounces Randolph, 423;

fear of the Federal District, 438, 439;

on payment of public debt, 440, 441;

on Judiciary, 445-47;

on suppression of Clinton's letter, 478;

and M., =2=, 78;

in Federal Convention, on declaring acts void, =3=, 115 _n._;

and on obligation of contracts, 558 _n._

Mason, Jeremiah, as practitioner before M., =4=, 95;

counsel in Dartmouth College case, 233, 234, 250, 251;

fee and portrait, 255 _n._;

Bank controversy, 529.

Mason, Jonathan, on X. Y. Z. dispatches, =2=, 338, 342;

in debate on repeal of Judiciary Act, =3=, 60.

Mason, Stevens T., divulges Jay Treaty, =2=, 115, =3=, 63 _n._;

on Virginia and Jay Treaty, =2=, 151 _n._;

appearance, =3=, 62;

in debate on repeal of the Judiciary Act, 63-65.

Masonry, M.'s interest, =1=, 187, =2=, 176;

first hall at Richmond, =1=, 188.

Massac, Fort, Burr at, =3=, 294.

Massachusetts, drinking in colonial, =1=, 23 _n._;

Shays's Rebellion, 298-303;

policy of Constitutionalists, 339;

character of opposition to Ratification, 339, 340, 344-47;

strength and standpoint of opposition, 344;

influence of Hancock, 347;

recommendatory amendments and Ratification, 348, 349;

soothing the opposition, 350-53;

question of bribery, 353 _n._, 354 _n._;

and Kentucky and Virginia Resolutions, =3=, 43, 105 _n._;

and Embargo, =4=, 12, 15, 17;

and War of 1812, 48 _n._;

and M'Culloch _vs._ Maryland, 334;

steamboat monopoly, 415;

Constitutional Convention (1820), 471.

Massachusetts Historical Society,

makes M. a corresponding member, =3=, 271.

Massie, Thomas, buys land from M.'s father, =1=, 168.

Mattauer divorce case in Virginia, =2=, 55 _n._

Matthews, George, journey (1790), =3=, 55 _n._;

and Yazoo lands bill, 549-51.

Matthews, Thomas, and chancery bill (1787), =1=, 219;

presides in Ratification Convention, 468.

Maxwell, William, Brandywine campaign, =1=, 93.

Mayo, John, defeat and duel, =2=, 515.

Mazzei letter, =2=, 537 _n._, 538 _n._

Mead, Cowles, and Burr conspiracy, =3=, 362, 363.

Meade, William, on drinking, =1=, 23;

on irreligion, 221 _n._;

on M.'s daily life, =4=, 63, 63 _n._, 69.

Mellen, Prentice, on bankruptcy frauds, =4=, 202.

Mercer, Charles F., on M., =4=, 489 _n._

Mercer, John, grand juror on Burr, =3=, 413 _n._

Mercer, John Francis,

in Federal Convention, on declaring acts void, =3=, 115 _n._

Meredith, Jonathan, counsel in Brown _vs._

Maryland, =4=, 455.

Merlin de Douai, Philippe A., election to Directory, =2=, 243.

Merry, Anthony, intrigue with Federalist Secessionists, =3=, 281;

and Burr, 287-90, 299.

Mexican Association, =3=, 295.

Mexico. _See_ Burr Conspiracy.

Midnight appointments, =2=, 559-62;

ousted, =3=, 95.

Milan Decree, =4=, 7.

Military certificates, M. purchases, =1=, 184.

Military titles, passion for, =1=, 327 _n._, 328 _n._

Militia, in the Revolution, =1=, 83-86, 100;

debate in Ratification Convention on efficiency, 393, 406 _n._;

on control, 435-38;

uniform in Virginia (1794), =2=, 104 _n._;

M. on unreliability, 404.

Milledge, John, on Yazoo lands, =3=, 573 _n._

Miller, James, and Yazoo lands, =3=, 566 _n._

Miller, Stephen D., and Nullification, =4=, 555.

"Millions for defense," origin of slogan, =2=, 348.

Minor, Stephen, Spanish agent, and Burr conspiracy, =3=, 256, 329 _n._

Mirabeau, Comte de, on the Cincinnati, =1=, 293.

Miranda, Francisco de,

plans, knowledge of Administration, =3=, 286, 300, 301, 306;

and Burr conspiracy, 306, 308;

Ogden-Smith trial, 436 _n._

Mississippi River, free navigation in Virginia debate on Ratification,

=1=, 399, 403, 411, 420, 430-32;

first steamboat =4=, 402, 402 _n._, 403 _n._;

steamboat monopoly, 402, 414.

Mississippi Territory, powers of Governor, =2=, 446;

Burr, =3=, 362-68.

Missouri. _See_ next title, and Craig _vs._ Missouri.

Missouri Compromise,

Virginia resolutions against restriction, =4=, 325-29;

struggle and secession, 340-42.

Mitchel _vs._ United States, M.'s last opinion, =4=, 585.

Mitchell, Samuel L., votes to acquit Chase, =3=, 219, 220.

Monarchy, fear, =1=, 290 _n._, 291, 334, 391, =2=, 383.

_See also_ Government.

Money, varieties in circulation (1784), =1=, 218 _n._;

debased, 297;

scarcity (c. 1788), =2=, 60 _n._

_See also_ Finances; Paper money.

Monmouth campaign, =1=, 134-38.

Monopoly, Bank of the United States as, =4=, 310, 311, 336, 338, 531.

Monroe, James, Stirling's aide, =1=, 119;

and selling of land rights, 168;

and realizing on warrants, 181, 212;

and chancery bill (1787), 219;

and British debts, 229 _n._, 231;

use of cipher, 266 _n._;

in debate in Ratification Convention, 407, 408, 431;

candidacy for House (1789), =2=, 50 _n._;

on service in Legislature, 81 _n._;

on M.'s support of policy of neutrality, 98;

and M.'s integrity, 140;

as Minister to France, 144, 222, 224;

attack on Washington, 222;

and movement to impeach Justices, =3=, 59;

and J. Q. Adams, 541 _n._;

and M., =4=, 40;

report on St. Cloud Decree, 48;

M.'s review of it, 49, 50;

and Hay's pamphlet on impressment, 53;

and Martin _vs._ Hunter's Lessee, 160;

and second Bank of the United States, 180 _n._;

and internal improvements, 418 _n._;

in Virginia Constitutional Convention, 484;

conservatism there, 489.

Montgomery, John, and Chase, =3=, 170;

as witness in Chase trial, 189 _n._

Moore, Albert, resigns Justiceship, =3=, 109 _n._

Moore, John B., on M. and international law, =4=, 117, 121 _n._

Moore, Richard C., at M.'s funeral, =4=, 589.

Moore, Thomas, on Washington, =3=, 9.

Moore, William, on election of Ratification delegates, =1=, 360.

Moravians, during American Revolution, =1=, 110 _n._, 116.

Morgan, Charles S.,

in Virginia Constitutional Convention, =4=, 501 _n._

Morgan, George, and Burr conspiracy, =3=, 309, 465, 488.

Morgan, James, votes for war, =4=, 29 _n._

Morrill, David L., resolution against dueling, =3=, 278 _n._

Morris, Gouverneur, and Ratification in Virginia, =1=, 401, 433;

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

unfavorable reports of French Revolution, 6-9, 26 _n._, 248;

recall from French Mission, 221;

in debate on repeal of Judiciary Act, =3=, 60, 61, 65, 66, 70, 71;

Mason's sarcasm, 64;

on reporting debates, 67 _n._;

on Jefferson's pruriency, 90 _n._;

in Federal Convention, on declaring acts void, 115 _n._;

and on obligation of contracts, 557 _n._;

and Judiciary Act of 1789, 128;

on Napoleon, =4=, 2.

Morris, Hester, marries J. M. Marshall, =2=, 203.

Morris, Robert, as financial boss, =1=, 335;

as a peculator, 336;

and Ratification in Virginia, 401, 402 _n._;

and M., 401 _n._;

and Cabinet position, =2=, 63;

and M.'s purchase of Fairfax estate, 101, 203, 206, 209, 211;

and M.'s investments, 199, 200;

land speculation, 202, 205 _n._;

connection with M.'s family, 203;

and Judiciary Act of 1789, =3=, 129;

and Yazoo lands, 555.

Morris, Thomas, in Judiciary debate (1802), =3=, 74 _n._

Morse, Jedediah, on secession, =3=, 152.

Morton, Perez, and Yazoo claims, =3=, 576 _n._

Motto, M.'s, =1=, 17.

Mumkins, Betsy, M.'s domestic, =1=, 190.

Murch, Rachel, and Dartmouth College troubles, =4=, 226.

Murdock, T. J., on Story and Dartmouth College case, =4=, 257 _n._

Murphey, Archibald D., on M.'s biography of Washington, =3=, 272.

Murray, William Vans,

on Gerry in X. Y. Z. Mission, =2=, 258 _n._, 363;

on memorial of X. Y. Z. envoys, 309;

on M.'s views on Alien and Sedition Acts, 394, 406;

on M.'s election (1799), 419;

and reopening of French negotiations, 423;

on repeal of Judiciary Act, =3=, 94.

Murrell, John, and Burr conspiracy, =3=, 362.

Mutual Assurance Society of Virginia, M. and origin, =2=, 174.

Napoleon I., and 18th Fructidor, =2=, 230, 246;

Treaty of Campo Formio, 271;

and Talleyrand, 272;

reception in Paris (1797), 287, 288;

and American negotiations, 524;

and Burr, =3=, 537 _n._;

Morris on, =4=, 2;

decrees on neutral trade, 6;

and Embargo Act, 12 _n._;

pretended revocation of decrees, 26, 36-39, 48-50;

battle of Leipzig, 51;

and Fulton's steamboat experiments, 397.

Napoleonic Wars, peace and resumption, =3=, 14;

and American politics, =4=, 2-5.

_See also_ Neutral trade.

Nash, Thomas. _See_ Jonathan Robins case.

Nashville, Burr at, =3=, 292, 296, 313.

Nason, Samuel, and Ratification, =1=, 342, 345.

Natchez, first steamboat, =4=, 403 _n._

_Natchez Press_, on M'Culloch _vs._ Maryland, =4=, 311 _n._

_National Gazette_, as Jefferson's organ, =2=, 81.

_See also_ Freneau.

National Government, M. on start, =3=, 263.

Nationalism, growth of M.'s idea, =1=, 223, 231, 232, 240, 242-44,

286, 287, =2=, 77;

lack of popular conception under Confederation, =1=, 232, 285;

Washington's spirit during Confederation, 243;

fear of consolidation, 320, 375, 382, 388-390, 405, 433, =2=, 69;

fear of gradual consolidation, =1=, 446;

lesson of Ratification contest, 479;

influence of French Revolution on views, =2=, 42-44;

M. on origin of contest, 48;

made responsible for all discontents, 51-53;

M.'s use of "Nation," 441;

centralization as issue (1800), 520;

union with reaction, =3=, 48;

importance of M.'s Chief Justiceship to, 113;

M. on, as factor under Confederation, 259-61;

M. on Washington's, 259 _n._;

influence of Fletcher _vs._ Peck, 594, 602;

as M.'s purpose in life, =4=, 1, 55;

assertion in Embargo controversy, 12, 16;

Olmstead case, M.'s opinion, 18-21;

moves westward, 28;

M. on internal improvements and, 45;

M. as check to reaction against, 58;

and M.'s upholding of doubtful acts of Congress, 117-19;

of Story, 145;

in M'Culloch _vs._ Maryland, 292;

forces (c. 1821), 370;

original jurisdiction of National Courts, 386;

Randolph's denunciation in internal improvements contest, 419-21;

importance of Gibbons _vs._ Ogden, 429;

and tariff and overthrow of slavery, 536;

M.'s opinions and Webster's reply to Hayne, 552-55;

M. anticipates reaction in Supreme Court, 582, 584.

_See also_ Declaring acts void; Division of powers; Federalist

Party; Government; Implied powers; Kentucky Resolutions;

Marshall, John (_Chief Justice_); Nullification; Secession;

State Rights; Virginia Resolutions.

Naturalization, Madison on uniform regulation, =1=, 312.

_See also_ Impressment.

Navigation, power over, under commerce clause, =4=, 428, 432, 433.

Navigation acts, proposed power for Confederation, =1=, 234, 235.

_See also_ Commerce.

Navy, M. on need (1788), =1=, 419;

French War, =2=, 427;

M.'s support (1800), 531;

reduction, =3=, 458 _n._;

in War of 1812, =4=, 56;

immunity in foreign ports, 122-25.

Naylor, William, on Virginia County Courts, =4=, 487.

Necessary and proper powers. _See_ Implied powers.

Negro seamen law of South Carolina, Johnson's opinion, =4=, 382, 383.

Nelson, William, Jr., decision in Hunter _vs._ Fairfax, =4=, 148 _n._

Nereid case, neutral goods in enemy ship, =4=, 135-42.

Netherlands, M. on political conditions (1797), =2=, 223-26.

Neufchatel, François de, election to Directory, =2=, 243.

Neutral trade, British seizures in 1793-94, =2=, 107;

question of war over, 108-12;

French depredations, 223, 224, 229, 257, 270, 271, 277, 283, 284,

403, 496;

French rôle d'équipage, 294 _n._;

free ships, free goods, 303-05;

Spanish depredations, 496;

British depredations after Jay Treaty, 506;

Tench Coxe on them, 506 _n._;

M.'s protest on contraband, 509-11;

on paper blockade, 511;

on unfair judicial proceedings, 511, 512;

on impressment, 513;

moderation of French depredations, 523;

and new French treaty, 524 _n._;

renewal of British and French violations, =4=, 6-8, 122;

Non-Importation Act (1806), 9;

partisan attitude, 9-11;

Embargo, 11;

its effect, opposition, 12-16;

M.'s opinion, 14;

non-intercourse, 22;

Erskine incident, 22;

Jackson incident, 23-26;

Napoleon's pretended revocation of decrees, 26, 36-39, 48-50;

M.'s interpretation of Jefferson's acts, 118, 125;

_Nereid_ case, neutral property in enemy ship, 135-42.

_See also_ Jay Treaty; Neutrality.

Neutrality, as Washington's great conception, =2=, 92;

proclamation, 93;

unpopularity, 93;

opposition of Jefferson and Republicans, 94, 95;

mercantile support, 94 _n._, 96;

constitutionality of proclamation, 95;

M.'s support, 97-99, 298-301, 387, 388, 402, 403, 507-09;

M.'s military enforcement, 103-06;

as issue in Virginia, 106;

J. Q. Adams on necessity, 119 _n._;

Federal common-law trials for violating, =3=, 24-29;

M.'s biography of Washington on policy, 264.

_See also_ Isolation; Neutral trade.

New England, hardships of travel, =1=, 256;

type of pioneers (c. 1790), 276;

and excise on distilleries, =2=, 86 _n._;

and secession, =3=, 97;

escapes crisis of 1819, =4=, 170.

_See also_ States by name.

New England Mississippi Company, Yazoo claims, =3=, 576-83, 595-602.

_See also_ Fletcher _vs._ Peck.

New Hampshire, Ratification contest, =1=, 354, 355, 478;

and disestablishment, =4=, 227, 230 _n._;

denounces congressional salary advance (1816), 231 _n._;

Judiciary controversy, 229, 230;

steamboat monopoly, 415;

branch bank controversy, 529;

and Nullification, 559.

_See also_ Dartmouth College _vs._ Woodward.

New Jersey, hardships of travel, =1=, 259;

and State tariff laws, 311;

Ratification, 325;

and Livingston steamboat monopoly, =4=, 403, 404.

_See also_ next title.

New Jersey _vs._ Wilson, exemption of land from taxation and

obligation of contracts, =4=, 221-23.

New Orleans, reception of Burr, =3=, 294, 295;

Wilkinson's reign of terror, 330-37;

battle, =4=, 56;

first steamboat, 403 _n._

New York, hardships of travel, =1=, 257;

Jefferson on social characteristics, 279;

and Kentucky and Virginia Resolutions, =3=, 105 _n._, 106;

bank investigation (1818), =4=, 184;

and M'Culloch _vs._ Maryland, 334.

_See also_ Gibbons _vs._ Ogden; Sturges _vs._ Crowninshield.

New York City, Jacobin enthusiasm, =2=, 35.

_See also_ New York _vs._ Miln.

_New York Evening Post_, on M.'s biography of Washington, =3=, 270;

on Adams's report on Burr Conspiracy, 544;

on Gibbons _vs._ Ogden, =4=, 445;

hostile criticism on M., 591.

New York _vs._ Miln, facts, State regulation of immigration, =4=, 583;

division of Supreme Court on, 583, 584;

decision, proper police regulation, 584 _n._;

Story voices M.'s dissent, 584 _n._

Newspapers, character at period of Confederation, =1=, 267-70;

virulence, =2=, 529, =4=, 175 _n._;

development of influence, =3=, 10;

and first Bank of the United States, =4=, 175.

_See also_ Press.

Nicholas, George, in the Legislature, =1=, 203;

citizen bill, 208;

and chancery bill (1787), 219;

and calling of Ratification Convention, 245;

on popular ignorance of draft Constitution, 320;

in Ratification Convention: characterized, 374;

in debate, 395, 421, 432, 440, 465, 471, 472;

assault on Henry, 466;

in contest over recommendatory amendments, 472.

Nicholas, John, deserts Congress (1798), =2=, 340 _n._;

on the crisis (1799), 434;

in Jonathan Robins case, 475;

and reduction of army, 476;

and Judiciary Bill, 551.

Nicholas, Wilson C., and M., =2=, 100;

sells land to Morris, 202 _n._;

and Kentucky Resolutions, 398, 398 _n._;

and Pickering impeachment, =3=, 167;

and Burr conspiracy, 381;

and grand jury on Burr, 410-12, 422.

Nicholson, Joseph H., in Judiciary debate (1802), =3=, 89;

on bill on sessions of Supreme Court, 95;

and Chase impeachment, 170;

argument in Chase trial, 207-10;

and acquittal of Chase, 221;

releases Alexander, 343;

on Jefferson's popularity, 404.

Nickname, M.'s, =1=, 74, 132.

Nightingale, John C., and Yazoo lands, =3=, 566 _n._