Chapter 9 No.9

Epilogue

In the brief period of twenty-seven months following the death of Marshall the Supreme Court received a new Chief Justice and five new Associate Justices. The effect of this change in personnel upon the doctrine of the Court soon became manifest. In the eleventh volume of Peters's Reports, the first issued while Roger B. Taney was Chief Justice, are three decisions of constitutional cases sustaining state laws which on earlier argument Marshall had assessed as unconstitutional. The first of these decisions gave what was designated "the complete, unqualified, and exclusive" power of the State to regulate its "internal police" the right of way over the "commerce clause" 1; the second practically nullified the constitutional prohibition against "bills of credit" in deference to the same high prerogative 2; the third curtailed the operation of the "obligation of contracts" clause as a protection of public grants. 3 Story, voicing "an earnest desire to vindicate his [Marshall's] memory from the imputation of rashness," filed passionate and unavailing dissents. With difficulty he was dissuaded from resigning from a tribunal whose days of influence he thought gone by. 4 During the same year Justice Henry Baldwin, another of Marshall's friends and associates, published his View of the Constitution, in which he rendered high praise to the departed Chief Justice's qualifications as expounder of the Constitution. "No commentator," he wrote, "ever followed the text more faithfully, or ever made a commentary more accordant with its strict intention and language.... He never brought into action the powers of his mighty mind to find some meaning in plain words ... above the comprehension of ordinary minds.... He knew the framers of the Constitution, who were his compatriots," he was himself the historian of its framing, wherefore, as its expositor, "he knew its objects, its intentions." Yet in the face of these admissions, Baldwin rejects Marshall's theory of the origin of the Constitution and the corollary doctrine of liberal construction. "The history and spirit of the times," he wrote, "admonish us that new versions of the Constitution will be promulgated to meet the varying course of political events or aspirations of power."

1 Milton vs. New York, 11 Peters, 102.

2 Briscoe vs. Bank of Kentucky, 11 Peters, 257.

3 Charles River Bridge Company vs. Warren Bridge Company, 11 Peters, 420.

4 He wrote Justice McLean, May 10, 1837: "There will not, I fear, even in our day, be any case in which a law of a State or of Congress will be declared unconstitutional; for the old constitutional doctrines are fast fading away." Life and Letters of Joseph Story, vol. II, p. 272; see also p. 270, for Chancellor Kent's unfavorable reaction to these decisions.

But the radical impulse soon spent itself. Chief Justice Taney himself was a good deal of a conservative. While he regarded the Supreme Court rather as an umpire between two sovereignties than as an organ of the National Government for the vigorous assertion of its powers, which was Marshall's point of view, Taney was not at all disposed to disturb the law as it had been declared by his predecessor in binding decisions. Then, too, the development of railroading and the beginning of immigration from Europe on a large scale reawakened the interest of a great part of the nation in keeping intercourse between the States untrammeled by local selfishness; and in 1851 the Court, heeding the spirit of compromise of the day, decisively accepted for the most important category of cases Marshall's principle of the exclusive control of interstate and foreign commerce by Congress. 1

1 Cooley vs. the Board of Wardens, 12 Howard, 299.

Still, until the eve of the Civil War, the theory of the Constitution held by the great body of the people, North as well as South, was that it was a compact of States. Then in December, 1860, South Carolina announced her secession from the Union. Buchanan's message of the same month performed the twofold service of refuting secession on State Rights principles and of demonstrating, albeit unwittingly, how impossible it was practically to combat the movement on the same principles. Lincoln brought the North back to Marshall's position when he remarked in his Inaugural Address: "Continue to execute all the express provisions of our National Constitution, and the Union will endure forever."

The Civil War has been characterized as "an appeal from the judgments of Marshall to the arbitrament of war." Its outcome restored the concept of the National Government as a territorial sovereign, present within the States by the superior mandate of the American People, and entitled to "execute on every foot of American soil the powers and functions that belong to it." 1 These powers and functions are, moreover, today undergoing constant enlargement. No one now doubts that in any clash between national and state power it is national power which is entitled to be defined first, and few persons question that it ought to be defined in the light of Marshall's principle, that a Constitution designed for ages to come must be "adapted to the various crises of human affairs."

1 Justice Bradley in ex parte Siebold, 100 U. S., 371.

It is only when we turn to that branch of Constitutional Law which defines governmental power in relation to private rights that we lose touch with Marshall's principles. As we have seen, he dealt in absolutes: either power was given to an unlimited extent or it was withheld altogether. Today, however, the dominant rule in this field of Constitutional Law is the "rule of reason." In the last analysis, there are few private rights which are not subordinate to the general welfare; but, on the other hand, legislation which affects private rights must have a reasonable tendency to promote the general welfare and must not arbitrarily invade the rights of particular persons or classes. Inasmuch as the hard and fast rules of an age when conditions of life were simpler are no longer practicable under the more complex relationships of modern times, there is today an inevitable tendency to force these rules to greater flexibility. 1

1 Notwithstanding what is said above, it is also true that the modern doctrine of "the police power" owes something to Marshall's interpretation of the "necessary and proper" clause in M'Culloch vs. Maryland, which is frequently offered nowadays as stating the authoritative definition of "a fair legislative discretion" in relation to private rights. Indeed this ingenious transposition was first suggested in Marshall's day. See Cowen (N. Y.), 585. But it never received his sanction and does not represent his point of view.

And this difference in the point of view of the judiciary connotes a general difference of outlook which makes itself felt today even in that field where Marshall wrought most enduringly. The Constitution was established under the sway of the idea of the balance of power, and with the purpose of effecting a compromise among a variety of more or less antagonistic interests, some of which were identified with the cause of local autonomy, others of which coalesced with the cause of National Supremacy. The Nation and the States were regarded as competitive forces, and a condition of tension between them was thought to be not only normal but desirable. The modern point of view is very different. Local differences have to a great extent disappeared, and that general interest which is the same for all the States is an ever deepening one. The idea of the competition of the States with the Nation is yielding to that of their co?peration in public service. And it is much the same with the relation of the three departments of Government. The notion that they have antagonistic interests to guard is giving way to the perception of a general interest guarded by all according to their several faculties. In brief, whereas it was the original effort of the Constitution to preserve a somewhat complex set of values by nice differentiations of power, the present tendency, born of a surer vision of a single national welfare, is toward the participation of all powers in a joint effort for a common end.

But though Marshall's work has been superseded at many points, there is no fame among American statesmen more strongly bulwarked by great and still vital institutions. Marshall established judicial review; he imparted to an ancient legal tradition a new significance; he made his Court one of the great political forces of the country; he founded American Constitutional Law; he formulated, more tellingly than any one else and for a people whose thought was permeated with legalism, the principles on which the integrity and ordered growth of their Nation have depended. Springing from the twin rootage of Magna Charta and the Declaration of Independence, his judicial statesmanship finds no parallel in the salient features of its achievement outside our own annals.

* * *

BIBLIOGRAPHICAL NOTE

All accounts of Marshall's career previous to his appointment as Chief Justice have been superseded by Albert J. Beveridge's two admirable volumes, The Life of John Marshall (Boston, 1916). The author paints on a large canvas and with notable skill. His work is history as well as biography. His ample plan enables him to quote liberally from Marshall's writings and from all the really valuable first-hand sources. Both text and notes are valuable repositories of material. Beveridge has substantially completed a third volume covering the first decade of Marshall's chief-justiceship, and the entire work will probably run to five volumes.

Briefer accounts of Marshall covering his entire career will be found in Henry Flanders's Lives and Times of the Chief Justices of the Supreme Court (1875) and Van Santvoord's Sketches of the Lives, Times, and Judicial Services of the Chief Justices of the Supreme Court (1882). Two excellent brief sketches are J. B. Thayer's John Marshall (1901) in the Riverside Biographical Series, and W. D. Lewis's essay in the second volume of The Great American Lawyers, 8 vols. (Philadelphia, 1907), of which he is also the editor. The latter is particularly happy in its blend of the personal and legal, the biographical and critical. A. B. Magruder's John Marshall (1898) in the American Statesman Series falls considerably below the general standard maintained by that excellent series.

The centennial anniversary of Marshall's accession to the Supreme Bench was generally observed by Bench and Bar throughout the United States, and many of the addresses on the great Chief Justice's life and judicial services delivered by distinguished judges and lawyers on that occasion were later collected by John F. Dillon and published in John Marshall, Life, Character, and Judicial Services, 3 vols. (Chicago, 1903). In volume XIII of the Green Bag will be found a skillfully constructed mosaic biography of Marshall drawn from these addresses.

The most considerable group of Marshall's letters yet published are those to Justice Story, which will be found in the Massachusetts Historical Society Proceedings, Second Series, volume XIV, pp. 321-60. These and most of the Chief Justice's other letters which have thus far seen the light of day will be found in J. E. Oster's Political and Economic Doctrines of John Marshall (New York, 1914). Here also will be found a copy of Marshall's will, of the autobiography which he prepared in 1818 for Delaplaine's Repository but which was never published there, and of his eulogy of his wife. The two principal sources of Marshall's anecdotes are the Southern Literary Messenger, volume II, p. 181 ff., and Henry Howe's Historical Collections of Virginia (Charleston, 1845). Approaching the value of sources are Joseph Story's Discourse upon the Life, Character, and Services of the Hon. John Marshall (1835) and Horace Binney's Eulogy (1835), both of which were pronounced by personal friends shortly after Marshall's death and both of which are now available in volume III of Dillon's compilation, cited above. The value of Marshall's Life of Washington as bearing on the origin of his own point of view in politics was noted in the text (Chapter VIII).

Marshall's great constitutional decisions are, of course, accessible in the Reports, but they have also been assembled into a single volume by John M. Dillon, John Marshall; Complete Constitutional Decisions (Chicago, 1903), and into two instructively edited volumes by Joseph P. Cotton, Constitutional Decisions of John Marshall (New York, 1905). Story's famous Commentaries on the Constitution gives a systematic presentation of Marshall's constitutional doctrines, which is fortified at all points by historical reference; the second edition is the best. For other contemporary evaluations of Marshall's decisions, often hostile, see early volumes of the North American Review and Niles's Register; also the volumes of the famous John Taylor of Caroline. A brief general account of later date of the decisions is to be found in the Constitutional History of the United States as Seen in the Development of American Law (New York, 1889), a course of lectures before the Political Science Association of the University of Michigan. Detailed commentary of a high order of scholarship is furnished by Walter Malins Rose's Notes to the Lawyers' Edition of the United States Reports, 13 vols. (1899-1901). The more valuable of Marshall's decisions on circuit are collected in J. W. Brockenbrough's two volumes of Reports of Cases Decided by the Hon. John Marshall (Philadelphia, 1837), and his rulings at Burr's Trial are to be found in Robertson's Reports of the Trials of Colonel Aaron Burr, 2 vols. (1808).

Marshall's associates on the Supreme Bench are pleasingly sketched in Hampton L. Carson's Supreme Court of the United States (Philadelphia, 1891), which also gives many interesting facts bearing on the history of the Court itself. In the same connection Charles Warren's History of the American Bar (Boston, 1911) is also valuable both for the facts which it records and for the guidance it affords to further material. Of biographies of contemporaries and coworkers of Marshall, the most valuable are John P. Kennedy's Memoirs of the Life of William Wirt, 2 vols. (Philadelphia, 1860); William Wetmore Story's Life and Letters of Joseph Story, 2 vols. (Boston, 1851); and William Kent's Memoirs and Letters of James Kent (Boston, 1898). Everett P. Wheeler's Daniel Webster the Expounder of the Constitution (1905) is instructive, but claims far too much for Webster's influence upon Marshall's views. New England has never yet quite forgiven Virginia for having had the temerity to take the formative hand in shaping our Constitutional Law. The vast amount of material brought together in Gustavus Myers's History of the Supreme Court (Chicago, 1912) is based on purely ex parte statements and is so poorly authenticated as to be valueless. He writes from the socialistic point of view and fluctuates between the desire to establish the dogma of "class bias" by a coldly impartial examination of the "facts" and the desire to start a scandal reflecting on individual reputations.

The literature of eulogy and appreciation is, for all practical purposes, exhausted in Dillon's collection. But a reference should be made here to a brief but pertinent and excellently phrased comment on the great Chief Justice in Woodrow Wilson's Constitutional Government in the United States (New York, 1908), pp. 158-9.

* * *

INDEX

A.

Adams, John, and "midnight judges," 22-23; appoints Marshall Chief Justice, 23-24, 51; Marshall defends, 48.

Adams, J. Q., Memoirs, cited, 71 (note); record of Giles's view on impeachment, 74-75; on Randolph, 81-82; quoted, 126.

Addison, Alexander, 59.

Alien and Sedition laws, 47; see also Sedition Act.

Ambler, Mary, Marshall marries, 30; death, 217-218.

Articles of Confederation, 3-4.

B.

Baldwin, Henry, View of the Constitution, praise of Marshall, 225-226.

Bank, U. S., 124-126; Marshall and, 214-215; see also M'Culloh vs. Maryland.

Barbecue Club, 202-204.

Barlow, Joel, 208-209.

Barron vs. Baltimore, 191.

Bartlett, attorney in Dartmouth College case, 159, 163.

Benton, T. H., Abridgement of the Debates of Congress, cited, 66 (note).

Beveridge, A. J., The Life of John Marshall, quoted, 31, 43, 201.

Blair, Rev., and anecdote of Barbecue Club, 203-204.

Blair, Justice John, of Virginia, 15, 19.

Blennerhasset, Harman, and Burr, 87, 89, 105; describes Eaton, 92.

Blennerhasset's Island, 87, 103.

Bollmann, Erick, witness at Burr's trial, 92-93, 94, 108, 109.

Botts, Benjamin, defends Burr, 92.

Bradley, Justice J. P., cited, 144 (note); quoted, 227-228.

Breckenridge, John, of Kentucky, 61, 62.

Briscoe vs. Bank of Kentucky, 191.

Brown, Francis, President of Dartmouth College, 164.

Brown vs. Maryland, 142-144, 171, 190.

Buchanan, James, and secession, 227.

Burr, Aaron, and Marshall, 50; Vice-President, 76; favors to, 82-83; "conspiracy" and trial, 86 et seq.

C.

Calder vs. Bull, 150, 154.

Calhoun, J. C., and state sovereignty, 192.

Callender, J. T., tried for sedition, 57, 73, 79.

Campbell, clergyman, teaches John Marshall, 28.

Campbell, lawyer at Richmond, 32, 78.

Charles River Bridge Company vs. Warren Bridge Company, 225 (note).

Chase, Justice Samuel, of Maryland, 19, 57, 71-72, 150; impeachment, 72, 73-83, 112-113.

Cherokee Nation vs. Georgia, 193.

Chisholm vs. Georgia, 18.

Cincinnati, Burr goes to, 87.

Civil War, 226.

Clay, Henry, Marshall and, 214.

Clinton, De Witt, Governor of New York, 164.

Cohens vs. Virginia, 179.

Commerce, Marshall's opinion of congressional control of, 139-142; see also Congress.

Congress, and Supreme Court, 7, 12-13; impeachments, 71-83; control of commerce, 139-143, 145, 171, 226.

Connecticut, statute excluding Fulton-Livingston vessels, 136.

Constitution, relation of Supreme Court to, 7-13; principles from Marshall's interpretation of, 144-145.

Constitutional Convention and state coercion, 4-5.

Contracts, sanctity of, 147 et seq.

Cooley vs. the Board of Wardens, 227.

Cooper, Thomas, tried for sedition, 57.

Corn Tassel, Cherokee Indian, 193.

Craig vs. Missouri, 192-193.

Cumberland Road Bill vetoed, 188.

Cushing, Justice William, of Massachusetts, 15, 17, 116.

Cushing, Mrs., wife of Justice, 17.

D.

Dartmouth College vs. Woodward, 124, 154 et seq.

Dickinson, John, of Delaware, on removal of judges, 6; Jefferson writes to, 23; President of Pennsylvania, 59 (note).

Dodd, W. E., Chief Justice Marshall and Virginia, cited, 174 (note).

Duval, Justice Gabriel, 219; and Dartmouth College case, 163.

E.

Eaton, William, witness at Burr's trial, 92, 101.

Elliot, J., Debates, 36, 38.

Ellsworth, Oliver, 76; on state coercion, 5; author of Judiciary Act (1789), 14; Chief Justice, 20; resigns, 23, 175.

Emmet, T. A., lawyer of New York, 136.

Enquirer, Richmond, 183.

Espionage Act of June 15, 1917, 110.

Evans, Charles, Report, cited, 71 (note).

F.

Federalist, 5, 13, 15, 18, 124, 175.

Fletcher vs. Peck, 151-154, 159, 166.

Fries, John, tried for treason, 57, 73, 79.

Fries's Rebellion, 21.

Fulton, Robert, steamboat grant to, 135.

G.

Gallatin, Albert, 48, 82.

Georgia, land grant case, 151-154; controversy with Supreme Court, 193-194.

Gerry, Elbridge, 45.

Gibbons vs. Oregon, 130, 135-142, 145, 171, 189.

Giles, W. B., of Virginia, 62, 74-75, 78, 82.

Goodrich, C. A., Professor of Yale, 162 (note).

Green vs. Biddle, 184, 188.

Griffin, Judge, at Burr's trail, 95.

H.

Hamilton, Alexander, 13, 36, 45, 50, 86, 121, 122; and U. S. Bank, 124-126.

Harding, Chester, quoted, 204-205.

Hay, George, and Sedition Act, 79; U. S. District Attorney, 91, 98, 113-114.

Hayes, Samuel (or Haze), 155-156.

Heath testifies against Chase, 79.

Henry, Patrick, at Virginia Convention, 37, 38; supports Marshall, 48.

Holmes, John, and Dartmouth College case, 163.

Holmes, Justice O. W., on Marshall, 121.

Hopkinson, Joseph, defends Chase, 80; in Bank case, 128; and Dartmouth College case, 162.

Hunter vs. Martin, 174-177, 179.

I.

Impeachments, Pickering, 71-73; Chase, 73-83; of Pennsylvania State Supreme Court judges, 84.

Indians, and Dartmouth College, 155, 158; and Georgia, 193.

Iredell, Justice James, of North Carolina, 15.

J.

Jackson, Andrew, and Burr, 92; President, 191; and controversy between Supreme Court and Georgia, 194.

Jay, John, of New York, Chief Justice, 15-16, 19-20, 196.

Jefferson, Thomas, 25, 28, 166; elected President, 22; and the Judiciary, 23, 53 et seq., 182-183; Governor of Virginia, 30; and Marshall, 46, 50, 55, 94-95, 96, 97-98, 108, 120; inauguration, 55-56; Marbury vs. Madison, 64-66; and Martin, 77, 78; and Burr, 82, 88-89, 90, 111, 113; and Johnson, 115; and U. S. Bank, 125; on Dartmouth College question, 157; criticism of Marshall's Life of Washington, 208-209.

Johnson, Allen, Jefferson and His Colleagues, cited, 87 (note).

Johnson, R. M., of Kentucky, 185.

Johnson, Justice William, 115, 151, 164.

Jones, Walter, in Bank case, 128.

Judiciary, establishment, 1 et seq.; removal of judges, 6; Jefferson's war on, 53 et seq.

Judiciary Act (1789), 14-16, 39, 192-193; Act (1801), 22, 60-63, 71.

K.

Kent, Chancellor James, of New York, 137, 138, 164, 225 (note).

Kentucky, anti-judicial movement, 58, 184-186, 187, 188.

Kentucky Resolutions, 22, 127, 177.

King, Rufus, on John Marshall, 44.

L.

Law Journal, Hall's 183.

Lee, R. E., 25.

Lewis, attorney for Fries, 79.

Lincoln, Abraham, and nationalism, 226.

Livingston, Justice Brockholst, 164.

Livingston, R. R., steamboat grant to, 135.

Livingston family of New York, 16.

Livingston vs. Van Ingen, 137 (note).

Lodge, H. C., on Marshall, 121.

M.

M'Culloh vs. Maryland, 124-135, 143, 182, 184, 190.

McLean, Justice John, letter of Story to, quoted, 225 (note).

Madison, James, 82; on state coercion, 5; on state courts as national tribunals, 7; in Virginia Legislature, 34; Virginia Convention, 36, 37; and U. S. Bank, 126; Journal, cited, 175.

Marbury vs. Madison, 64-71.

Marsh, Charles, 164.

Marshall, John, 18, 20, 22; and American constitutionalism, 2-3; appointed Chief Justice, 24, 51; born (1755), 25; early life, 25 et seq.; education, 27-28, 30; and the Revolution, 29-30; marriage (1783), 30; practices law at Richmond, 31-32; in Virginia Legislature, 33; and adoption of Constitution, 35-38; Wirt's description of, 39-42; personal characteristics, 42; Federalist leader in Virginia, 43; and Jay Treaty, 43-44, 48; purchases Fairfax estate, 44-45; "X.Y.Z." mission, 45-46, 49; elected to Congress, 46-48; and Jefferson, 46, 50, 55, 94-95, 96, 97-98, 108, 120; in Washington, 53-54; first constitutional case, 64-71; and trial of Burr, 93 et seq.; and nationalism, 121 et seq., 147; interpretation of Constitution, 144-145; and sanctity of contracts, 147 et seq.; and State Rights, 173 et seq.; as private citizen, 198 et seq.; as hero of anecdote, 205-206; religious bent, 206; Life of Washington, 34 (note), 208-210; correspondence, 211-213; and politics, 213-214; on method of electing President, 214-215; and U. S. Bank, 215-216; illness, 216-217; death of wife, 217-218; last years, 219-220; composes epitaph, 221; death, 221; will, 221-222; tribute, 221-222; Baldwin on, 225-226; bibliography, 233-236.

Marshall, Thomas, father of John Marshall, 25, 27.

Martin, Luther, of Maryland, on authority of federal legislation, 9; defends Chase, 76-77, 80, 81; defends Burr, 92, 96; in Bank case, 128.

Martin vs. Hunter's Lessee, 177-182.

Martineau, Harriet, describes Marshall, 220.

Maryland, attitude toward Judiciary, 58; and U. S. Bank, see M'Culloch vs. Maryland.

Mason, George, 38.

Mason, Jeremiah, 158, 162.

Mexico, "Burr's Conspiracy" against, 99.

Morgan, General, witness at Burr's trial, 102.

Morris, Gouverneur, quoted, 61.

Morris, Robert, and Marshall, 45.

Munford, G. W., The Two Parsons, cited, 204 (note).

Murch, Rachel, 155.

N.

Nashville (Tenn.), Burr goes to, 87.

Natchez, Burr goes to, 87, 89.

Nationalism, 121 et seq., 227.

Nereide, case of the, 118 (note).

New Jersey, statute excluding Fulton-Livingston vessels, 136.

New Orleans, Wilkinson at, 89, 91; and Burr, 99.

New York, and "Steamboat case," 136-142.

New York City, Supreme Court in, 16.

Newcastle (Del.), Chase at, 73.

Nicholas, W. C., at Virginia Convention, 37.

Nicholson, Joseph, and impeachment, 78; recall for Senators, 84.

Nullification, 194; Marshall and, 214.

O.

Oakley, T. J., counsel for Ogden, 136.

Ogden vs. Saunders, 190.

Ohio, anti-judicial movement in, 184.

Osborn vs. United States Bank, 189-190.

P.

Parton, James, Life and Times of Aaron Burr, quoted, 99-100.

Passmore, Thomas, punished for contempt of court, 60.

Pendleton, Edmund, lawyer of Richmond, 32.

Pennsylvania, attitude toward Judiciary, 58, 84; protests Marshall's decision, 119.

Philadelphia, Supreme Court at, 16; impeachment of judges at, 84; Burr goes to, 87.

Pickering, Judge, of New Hampshire, impeachment, 71, 72-73.

Pinckney, C. C, on "X.Y.Z." mission, 45.

Pinkney, William, of Maryland, greatest lawyer of his day, 117-118; in Bank case, 128-129; in Dartmouth College case, 165.

Plumer, William, Governor of New Hampshire, 156-158.

Providence Bank vs. Billings, 191.

R.

Raleigh (N. C.), Marshall holds court at, 199.

Randolph, Edmund, 25; defends Burr, 92.

Randolph, John, 25, 32, 37, 54, 62, 90, 124; on Judiciary, 23; on Marshall, 52; and impeachment of Chase, 75, 78, 81-82; proposes amendment to Constitution, 83-84; at Burr's trial, 95.

Reed, T. B., 169.

Revolution, Marshall and, 29-30.

Richardson, Chief Justice, 159.

Richmond (Va.), Marshall practices law at, 31; Burr's trial at, 86 et seq.; Marshall holds court at, 199.

Roane, Spencer, of Virginia, 174-178, 183.

Robertson, Reports, cited, 109 (note).

Robins, Jonathan, British fugitive from justice, 48.

Rodney, C. A., 78, 84.

Rowan, Senator, of Kentucky, 187.

Rutledge, John, of South Carolina, on state courts as national tribunals, 6-7; associate justice, 15.

S.

St. Louis, Burr goes to, 87.

Satterlee vs. Matthewson, 191.

Schooner Exchange vs. McFaddon et al, 118 (note).

Sedgwick, Theodore, on Marshall, 49-51.

Sedition Act (1798), 21, 49, 57.

Shays's Rebellion (1786), 34.

"Shockoe Hill," Marshall's home at Richmond, 201.

"Sidney, Algernon," pseudonym of Roane, 183.

Smith, Jeremiah, 158-159, 163.

South Carolina, nullification, 194; Jackson's proclamation to, 214; secession, 227.

Spain, "Burr's Conspiracy" against, 89.

State Rights, 7, 173, et seq.

"Steamboat case," see Gibbons vs. Ogden.

Story, Justice Joseph, 109, 118, 220; Discourse, cited, 34 (note); and Marshall, 116, 150-151 (note), 183, 194, 195, 211, 216, 219, 225; quoted, 129, 201; Dartmouth College case, 163, 166; answer to Roane, 177-179.

Sturges vs. Crowinshield, 124, 184, 190.

Sullivan, attorney in Dartmouth College case, 159, 163.

Supreme Court, relation to Constitution, 7-13; powers, 11; establishment, 12-13, 14; original bench, 15; in New York City, 16; in Philadelphia, 16; pioneer work, 17-19; need of leadership, 19-20; Act of Feb. 13, 1801, 22, 60-63, 71; in Washington, 54; defended by Virginia Assembly, 119-120; bill for enlargement, 186-187; controversy with Georgia, 193-194; number of cases during Marshall's term of office, 198; changes on bench, 223.

Swartwout, Samuel, 93, 94, 108, 109.

T.

Taney, R. B., Chief Justice, 118, 224, 226.

Taylor, John, of Caroline, 60, 192.

Thayer, J. B., John Marshall, quoted, 202-204.

Thompson, Justice Smith, 219.

Ticknor, George, describes Pinkney, 117-118.

Tocqueville, Alexis de, opinion of Supreme Court, 196-197.

Todd, Justice Thomas, 163.

Transportation, 188-189.

Truxton, Commodore Thomas, 92, 102.

U.

United States vs. Peters, 118.

V.

Vincennes, Burr goes to, 87.

Virginia, plan before Constitutional Convention, 8; Convention, 35-38; defends Supreme Court, 119-120; and U. S. Bank, 216.

Virginia Resolutions, 22, 127, 176, 177.

W.

Wakefield (Ala.), Burr captured at, 90.

Ware vs. Hylton, 44.

Warren, Charles, cited, 185 (note).

Washington, Justice Bushrod, 115, 161, 163, 166, 190, 208.

Washington, George, Marshall and, 26-27, 34, 46; Marshall's Life of, 34 (note), 208-210.

Washington (D. C.), 53; Capitol 54; Burr goes to, 87.

Watson vs. Mercer, 191.

Webster, Daniel, 29; and Bank case, 128; Gibbons vs. Ogden, 136; Dartmouth College case, 159, 160-161, 163.

Wentworth, John, Governor of New Hampshire, 155.

Wheelock, Rev. Eleazar, of Connecticut, 155.

Wheelock, Dr. John, son of Eleazar Wheelock, 156.

Whisky Rebellion (1794), 21.

Wickham, John, of Richmond, 32, 92, 202, 203-204.

Wilkinson, James, 113; Marshall's letter to, 35; military commandant in Louisiana Territory, 82; and Burr, 88, 93, 95; at New Orleans, 89, 91.

William and Mary College, 30.

Wilson, Justice James, of Pennsylvania, 15, 36.

Wilson vs. Blackbird Creek Marsh Company, 191.

Wirt, William, Letters of the British Spy, quoted, 39-42; at Burr's trial, 91, 96-97, 102, 104-105, 110; Bank case, 128; Gibbons vs. Ogden, 135-136; Dartmouth College case, 163.

Woodward, W. H., 158.

Worcester vs. Georgia, 193-194.

Wythe, George, 30, 32.

X.

"X.Y.Z." mission, 45-46.

The Chronicles of America Series

The Red Man's Continent

by Ellsworth Huntington

The Spanish Conquerors

by Irving Berdine Richman

Elizabethan Sea-Dogs

by William Charles Henry Wood

The Crusaders of New France

by William Bennett Munro

Pioneers of the Old South

by Mary Johnson

The Fathers of New England

by Charles McLean Andrews

Dutch and English on the Hudson

by Maud Wilder Goodwin

The Quaker Colonies

by Sydney George Fisher

Colonial Folkways

by Charles McLean Andrews

The Conquest of New France

by George McKinnon Wrong

The Eve of the Revolution

by Carl Lotus Becker

Washington and His Comrades in Arms

by George McKinnon Wrong

The Fathers of the Constitution

by Max Farrand

Washington and His Colleagues

by Henry Jones Ford

Jefferson and his Colleagues

by Allen Johnson

John Marshall and the Constitution

by Edward Samuel Corwin

The Fight for a Free Sea

by Ralph Delahaye Paine

Pioneers of the Old Southwest

by Constance Lindsay Skinner

The Old Northwest

by Frederic Austin Ogg

The Reign of Andrew Jackson

by Frederic Austin Ogg

The Paths of Inland Commerce

by Archer Butler Hulbert

Adventurers of Oregon

by Constance Lindsay Skinner

The Spanish Borderlands

by Herbert Eugene Bolton

Texas and the Mexican War

by Nathaniel Wright Stephenson

The Forty-Niners

by Stewart Edward White

The Passing of the Frontier

by Emerson Hough

The Cotton Kingdom

by William E. Dodd

The Anti-Slavery Crusade

by Jesse Macy

Abraham Lincoln and the Union

by Nathaniel Wright Stephenson

The Day of the Confederacy

by Nathaniel Wright Stephenson

Captains of the Civil War

by William Charles Henry Wood

The Sequel of Appomattox

by Walter Lynwood Fleming

The American Spirit in Education

by Edwin E. Slosson

The American Spirit in Literature

by Bliss Perry

Our Foreigners

by Samuel Peter Orth

The Old Merchant Marine

by Ralph Delahaye Paine

The Age of Invention

by Holland Thompson

The Railroad Builders

by John Moody

The Age of Big Business

by Burton Jesse Hendrick

The Armies of Labor

by Samuel Peter Orth

The Masters of Capital

by John Moody

The New South

by Holland Thompson

The Boss and the Machine

by Samuel Peter Orth

The Cleveland Era

by Henry Jones Ford

The Agrarian Crusade

by Solon Justus Buck

The Path of Empire

by Carl Russell Fish

Theodore Roosevelt and His Times

by Harold Howland

Woodrow Wilson and the World War

by Charles Seymour

The Canadian Dominion

by Oscar D. Skelton

The Hispanic Nations of the New World

by William R. Shepherd

* * *

Transcriber's Notes

Introduction:

The Chronicles of America Series has two similar editions of each volume in the series. One version is the Abraham Lincoln edition of the series, a premium version which includes full-page pictures. A textbook edition was also produced, which does not contain the pictures and captions associated with the pictures, but is otherwise the same book. This book was produced to match the textbook edition of the book.

We have retained the original punctuation and spelling in the book, but there are a few exceptions. Obvious errors were corrected--and all of these changes can be found in the Detailed Notes Section of these notes. The Detailed Notes Section also includes issues that have come up during transcription. One common issue is that words are sometimes split into two lines for spacing purposes in the original text. These words are hyphenated in the physical book, but there is a question sometimes as to whether the hyphen should be retained in transcription. The reasons behind some of these decisions are itemized.

We place footnotes after the paragraph in which they are referenced. The footnote may appear on a different page number in this e-book as compared to the paper book. For example, the footnote with Nereide appears on page 118 in the paper book, but on page 119 in this e-book. For some index entries with notes, the reference may appear on the page following the one mentioned in the index.

Detailed Notes Section:

On Page 27, health-giving was hyphenated between two lines for spacing and could be transcribed as healthgiving. We retained the hyphen in transcribing the word.

On Page 55, elbow-room was hyphenated between two lines for spacing and could be transcribed as elbowroom. We retained the hyphen in transcribing the word.

On Page 87, rendez-vous was hyphenated between two lines for spacing and could be transcribed as rendezvous. In this case, the latter option took preference: "He also made the island both a convenient rendezvous for his adherents ..."

On Page 208, add missing period after uncle to conclude the clause "the literary executor of his famous uncle."

On Page 220, add missing period after hopeless to conclude the clause "but his case was soon seen to be hopeless."

* * *