VOLUME IV
THE BUILDING OF THE NATION
1815-1835
[Illustration]
BOSTON AND NEW YORK
HOUGHTON MIFFLIN COMPANY
The Riverside Press Cambridge
COPYRIGHT, 1919, BY ALBERT J. BEVERIDGE
ALL RIGHTS RESERVED
CONTENTS
I. THE PERIOD OF AMERICANIZATION 1
War and Marshall's career--Federalists become British
partisans--Their hatred of France--Republicans are exactly
the reverse--The deep and opposite prejudices of Marshall
and Jefferson--Cause of their conflicting views--The
people become Europeanized--They lose sight of American
considerations--Critical need of a National American
sentiment--Origin of the War of 1812--America suffers from
both European belligerents--British depredations--Jefferson
retaliates by ineffective peaceful methods--The Embargo laws
passed--The Federalists enraged--Pickering makes sensational
speech in the Senate--Marshall endorses it--Congress passes the
"Force Act"--Jefferson practices an autocratic Nationalism--
New England Federalists propose armed resistance and openly
advocate secession--Marshall rebukes those who resist National
authority--The case of Gideon Olmstead--Pennsylvania forcibly
resists order of the United States Court--Marshall's opinion
in U.S. _vs._ Judge Peters--Its historical significance--The
British Minister repeats the tactics of Genêt--Federalists
uphold him--Republicans make great gains in New England--
Marshall's despondent letter--Henry Clay's heroic speeches--
War is declared--Federalists violently oppose it: "The child
of Prostitution"--Joseph Story indignant and alarmed--
Marshall proposed as Presidential candidate of the peace
party--Writes long letter advocating coalition of "all who
wish peace"--Denounces Napoleon and the Decree of St. Cloud--
He heads Virginia Commission to select trade route to the
West--Makes extended and difficult journey through the
mountains--Writes statesmanlike report--Peace party nominates
Clinton--Marshall criticizes report of Secretary of State on
the causes of the war--New England Federalists determine upon
secession--The Administration pamphlet on expatriation--John
Lowell brilliantly attacks it--Marshall warmly approves
Lowell's essay--His judicial opinions on expatriation--The
coming of peace--Results of the war--The new America is born.
II. MARSHALL AND STORY 59
Marshall's greatest Constitutional decisions given during the
decade after peace is declared--Majority of Supreme Court
becomes Republican--Marshall's influence over the Associate
Justices--His life in Richmond--His negligent attire--Personal
anecdotes--Interest in farming--Simplicity of habits--Holds
Circuit Court at Raleigh--Marshall's devotion to his wife--His
religious belief--His children--Life at Oak Hill--Generosity--
Member of Quoit Club--His "lawyer dinners"--Delights in the
reading of poetry and fiction--Familiarity and friendliness--
Joseph Story first meets the Chief Justice--Is captivated by
his personality--Marshall's dignity in presiding over Supreme
Court--Quickness at repartee--Life in Washington--Marshall and
Associate Justices live together in same boarding-house--His
dislike of publicity--Honorary degrees conferred--Esteem of his
contemporaries--His personality--Calmness of manner--Strength
of intellect--His irresistible charm--Likeness to Abraham
Lincoln--The strong and brilliant bar practicing before
the Supreme Court--Legal oratory of the period--Length of
arguments--Joseph Story--His character and attainments--
Birth and family--A Republican--Devotion to Marshall--Their
friendship mutually helpful--Jefferson fears Marshall's
influence on Story--Edward Livingston sues Jefferson for one
hundred thousand dollars--Circumstances leading to Batture
litigation--Jefferson's desire to name District Judge in
Virginia--Jefferson in letter attacks Marshall--He dictates
appointment of John Tyler to succeed Cyrus Griffin--Death of
Justice Cushing of the Supreme Court--Jefferson tries to name
Cushing's successor--He objects to Story--Madison wishes to
comply with Jefferson's request--His consequent difficulty in
filling place--Appointment of Story--Jefferson prepares brief
on Batture case--Public interest in case--Case is heard--
Marshall's opinion reflects on Jefferson--Chancellor Kent's
opinion--Jefferson and Livingston publish statements--Marshall
ascribes Jefferson's animosity in subsequent years to the
Batture litigation.
III. INTERNATIONAL LAW 117
Marshall uniformly upholds acts of Congress even when he thinks
them unwise and of doubtful constitutionality--The Embargo,
Non-Importation, and Non-Intercourse laws--Marshall's slight
knowledge of admiralty law--His dependence on Story--Marshall
is supreme only in Constitutional law--High rank of his
opinions on international law--Examples: The Schooner Exchange;
U.S. _vs._ Palmer; The Divina Pastora; The Venus; The Nereid--
Scenes in the court-room--Appearance of the Justices--William
Pinkney the leader of the American bar--His learning and
eloquence--His extravagant dress and arrogant manner--Story's
admiration of him--Marshall's tribute--Character of the bar--
Its members statesmen as well as lawyers--The attendance of
women at arguments--Mrs. Smith's letter--American Insurance Co.
_et al._ _vs._ David Canter--Story delivers the opinion in
Martin _vs._ Hunter's Lessee--Reason for Marshall's declining
to sit in that case--The Virginia Republican organization--
The great political triumvirate, Roane, Ritchie, and Taylor--
The Fairfax litigation--The Marshall purchase of a part of the
Fairfax estate--Separate purchases of James M. Marshall--The
Marshall and Virginia "compromise"--Virginia Court of Appeals
decides in favor of Hunter--National Supreme Court reverses
State court--The latter's bold defiance of the National
tribunal--Marshall refuses to sit in the case of the Granville
heirs--History of the Granville litigation--The second
appeal from the Virginia Court in the Fairfax-Martin-Hunter
case--Story's great opinion in Fairfax's Devisee _vs._ Hunter's
Lessee--His first Constitutional pronouncement--Its resemblance
to Marshall's opinions--The Chief Justice disapproves one
ground of Story's opinion--His letter to his brother--Anger of
the Virginia judges at reversal of their judgment--The Virginia
Republican organization prepares to attack Marshall.
IV. FINANCIAL AND MORAL CHAOS 168
February and March, 1819, mark an epoch in American history--
Marshall, at that time, delivers three of his greatest
opinions--He surveys the state of the country--Beholds terrible
conditions--The moral, economic, and social breakdown--Bad
banking the immediate cause of the catastrophe--Sound and
brilliant career of the first Bank of the United States--
Causes of popular antagonism to it--Jealousy of the State
banks--Jefferson's hostility to a central bank--John Adams's
description of State banking methods--Opposition to
rechartering the National institution--Congress refuses to
recharter it--Abnormal increase of State banks--Their great and
unjustifiable profits--Congress forced to charter second Bank
of the United States--Immoral and uneconomic methods of State
banks--Growth of "private banks"--Few restrictions placed on
State and private banks and none regarded by them--Popular
craze for more "money"--Character and habits of Western
settlers--Local banks prey upon them--Marshall's personal
experience--State banks control local press, bar, and
courts--Ruthless foreclosures of mortgages and incredible
sacrifices of property--Counterfeiting and crime--People
unjustly blame Bank of the United States for their financial
misfortunes--It is, at first, bad, and corruptly managed--Is
subsequently well administered--Popular demand for bankruptcy
laws--State "insolvency" statutes badly drawn and ruinously
executed--Speculators use them to escape the payment of
their liabilities while retaining their assets--Foreclosures
and sheriff's sales increase--Demand for "stay laws" in
Kentucky--Marshall's intimate personal knowledge of conditions
in that State--States begin to tax National Bank out of
existence--Marshall delivers one of his great trilogy of
opinions of 1819 on contract, fraud, and banking--Effect of the
decision of the Supreme Court in Sturges _vs._ Crowninshield.
V. THE DARTMOUTH COLLEGE CASE 220
The Dartmouth College case affected by the state of the
country--Marshall prepares his opinion while on his
vacation--His views well known--His opinion in New Jersey _vs._
Wilson--Eleazar Wheelock's frontier Indian school--The voyage
and mission of Whitaker and Occom--Funds to aid the school
raised in England and Scotland--The Earl of Dartmouth--
Governor Wentworth grants a royal charter--Provisions of this
document--Colonel John Wheelock becomes President of the
College--The beginnings of strife--Obscure and confused origins
of the Dartmouth controversy, including the slander of a
woman's reputation, sectarian warfare, personal animosities,
and partisan conflict--The College Trustees and President
Wheelock become enemies--The hostile factions attack one
another by means of pamphlets--The Trustees remove Wheelock
from the Presidency--The Republican Legislature passes laws
violative of the College Charter and establishing Dartmouth
University--Violent political controversy--The College Trustees
and officers refuse to yield--The famous suit of Trustees of
Dartmouth College _vs._ Woodward is brought--The contract
clause of the Constitution is but lightly considered by
Webster, Mason, and Smith, attorneys for the College--Supreme
Court of New Hampshire upholds the acts of the Legislature--
Chief Justice Richardson delivers able opinion--The case
appealed to the Supreme Court of the United States--Webster
makes his first great argument before that tribunal--He
rests his case largely on "natural right" and "fundamental
principles," and relies but little on the contract clause--He
has small hopes of success--The court cannot agree--Activity
of College Trustees and officers during the summer and autumn
of 1818--Chancellor James Kent advises Justices Johnson and
Livingston of the Supreme Court--William Pinkney is retained by
the opponents of the College--He plans to ask for a reargument
and makes careful preparation--Webster is alarmed--The Supreme
Court opens in February, 1819--Marshall ignores Pinkney and
reads his opinion to which five Associate Justices assent--The
joy of Webster and disgust of Pinkney--Hopkinson's comment--
The effect of Marshall's opinion--The foundations of good
faith--Comments upon Marshall's opinion--The persistent
vitality of his doctrine as announced in the Dartmouth College
case--Departures from it--Recent discussions of Marshall's
theory.
VI. VITALIZING THE CONSTITUTION 282
The third of Marshall's opinions delivered in 1819--The facts
in the case of M'Culloch _vs._ Maryland--Pinkney makes the
last but one of his great arguments--The final effort of Luther
Martin--Marshall delivers his historic opinion--He announces a
radical Nationalism--"The power to tax involves the power to
destroy"--Marshall's opinion is violently attacked--Niles
assails it in his _Register_--Declares it "more dangerous than
_foreign_ invasion"--Marshall's opinion more widely published
than any previous judicial pronouncement--The Virginia
Republican organization perceives its opportunity and
strikes--Marshall tells Story of the coming assault--Roane
attacks in the Richmond _Enquirer_--"The people must rouse
from the lap of Delilah to meet the Philistines"--The letters
of "Amphyction" and "Hampden"--The United States is "as much
a league as was the former confederation"--Marshall is acutely
alarmed by Roane's attacks--He writes a dull and petulant
newspaper defense of his brilliant opinion--Regrets his
controversial effort and refuses to permit its republication--
The Virginia Legislature passes resolutions denouncing his
opinion and proposing a new tribunal to decide controversies
between States and the Nation--The slave power joins the
attack upon Marshall's doctrines--Ohio aligns herself with
Virginia--Ohio's dramatic resistance to the Bank of the
United States--Passes extravagantly drastic laws--Adopts
resolutions denouncing Marshall's opinions and defying the
National Government--Pennsylvania, Tennessee, Indiana, Illinois
also demand a new court--John Taylor "of Caroline" writes his
notable book, _Construction Construed_--Jefferson warmly
approves it--Declares the National Judiciary to be a "subtle
corps of sappers and miners constantly working underground to
undermine the foundations of our confederated fabric."
VII. THREATS OF WAR 340
Relation of slavery and Marshall's opinions--The South
threatens war: "I behold a brother's sword crimsoned with a
brother's blood"--Northern men quail--The source and purpose
of Marshall's opinion in Cohens _vs._ Virginia--The facts
in that case--A trivial police court controversy--The case
probably "arranged"--William Pinkney and David B. Ogden appear
for the Cohens--Senator James Barbour, for Virginia, threatens
secession: "With them [State Governments], it is to determine
how long their [National] government shall endure"--Marshall's
opinion is an address to the American people--The grandeur of
certain passages: "A Constitution is framed for ages to come
and is designed to approach immortality"--The Constitution is
vitalized by a "conservative power" within it--Independence
of the Judiciary necessary to preservation of the Republic--
Marshall directly replies to the assailants of Nationalism:
"The States are members of one great empire"--Marshall
originates the phraseology, "a government of, by, and for
the people"--Publication of the opinion in Cohens _vs._
Virginia arouses intense excitement--Roane savagely attacks
Marshall under the _nom de guerre_ of "Algernon Sidney"--
Marshall is deeply angered--He writes Story denouncing
Roane's articles--Jefferson applauds and encourages attacks on
Marshall--Marshall attributes to Jefferson the assaults upon
him and the Supreme Court--The incident of John E. Hall and his
_Journal of American Jurisprudence_--John Taylor again assails
Marshall's opinions in his second book, _Tyranny Unmasked_--
He connects monopoly, the protective tariff, internal
improvements, "exclusive privileges," and emancipation
with Marshall's Nationalist philosophy--Jefferson praises
Taylor's essay and declares for armed resistance to National
"usurpation": "The States must meet the invader foot to
foot"--Senator Richard M. Johnson of Kentucky, in Congress,
attacks Marshall and the Supreme Court--Offers an amendment to
the Constitution giving the Senate appellate jurisdiction from
that tribunal--Roane asks the Virginia Legislature to demand
an amendment to the National Constitution limiting the power
of the Supreme Court--Senator Johnson makes bold and powerful
speech in the Senate--Declares the Supreme Court to be a denial
of the whole democratic theory--Webster sneers at Johnson's
address--Kentucky and the Supreme Court--The "Occupying
Claimant" laws--Decisions in Green _vs._ Biddle--The Kentucky
Legislature passes condemnatory and defiant resolutions--
Justice William Johnson infuriates the South by an opinion from
the Circuit Bench--The connection of the foregoing events with
the Ohio Bank case--The alignment of economic, political, and
social forces--Marshall delivers his opinion in Osborn _vs._
The Bank of the United States--The historical significance of
his declaration in that case.
VIII. COMMERCE MADE FREE 397
Fulton's experiments on the Seine in Paris--French scientists
reject his invention--The Livingston-Fulton partnership--
Livingston's former experiments in New York--Secures monopoly
grants from the Legislature--These expire--The Clermont makes
the first successful steamboat voyage--Water transportation
revolutionized--New York grants monopoly of steamboat
navigation to Livingston and Fulton--They send Nicholas J.
Roosevelt to inspect the Ohio and Mississippi Rivers--His
romantic voyage to New Orleans--Louisiana grants exclusive
steamboat privileges to Livingston and Fulton--New Jersey
retaliates on New York--Connecticut forbids Livingston and
Fulton boats to enter her waters--New York citizens defy
the steamboat monopoly--Livingston and Fulton sue James Van
Ingen--New York courts uphold the steamboat monopoly, and
assert the right of the State to control navigation on its
waters--The opinion of Chief Justice Kent--The controversy
between Aaron Ogden and Thomas Gibbons--Ogden, operating under
a license from Livingston and Fulton, sues Gibbons--State
courts again sustain the monopoly acts--Gibbons appeals to the
Supreme Court--Ogden retains William Pinkney--The case is
dismissed, refiled, and continued--Pinkney dies--Argument not
heard for three years--Several States pass monopoly laws--
Prodigious development of steamboat navigation--The demand for
internal improvements stimulated--The slave interests deny
power of Congress to build roads and canals--The daring speech
of John Randolph--Declares slavery imperiled--Threatens armed
resistance--Remarkable alignment of opposing forces when
Gibbons _vs._ Ogden is heard in Supreme Court--Webster makes
the greatest of his legal arguments--Marshall's opinion one of
his most masterful state papers--His former opinion on the
Circuit Bench in the case of the Brig Wilson anticipates that
in Gibbons _vs._ Ogden--The power of Congress over interstate
and foreign commerce absolute and exclusive--Marshall attacks
the enemies of Nationalism--The immediate effect of Marshall's
opinion on steamboat transportation, manufacturing, and
mining--Later effect still more powerful--Railway development
incalculably encouraged--Results to-day of Marshall's theory of
commerce--Litigation in New York following the Supreme Court's
decision--The whole-hearted Nationalism of Chief Justice Savage
and Chancellor Sanford--Popularity of Marshall's opinion--The
attack in Congress on the Supreme Court weakens--Martin Van
Buren, while denouncing the "idolatry" for the Supreme Court,
pays an exalted tribute to Marshall: "The ablest judge now
sitting on any judicial bench in the world"--Senator John Rowan
of Kentucky calls the new popular attitude toward the Supreme
Court "a judicial superstition"--The case of Brown _vs._
Maryland--Marshall's opinion completes his Constitutional
expositions of the commerce clause--Taney's remarkable
acknowledgment.
IX. THE SUPREME CONSERVATIVE 461
Marshall's dislike for the formal society of Washington--His
charming letters to his wife--He carefully avoids partisan
politics--Refrains from voting for twenty years--Is irritated
by newspaper report of partisanship--Writes denial to the
Richmond _Whig_--Clay writes Marshall--The Chief Justice
explains incident to Story--Marshall's interest in politics--
His letter to his brother--Permits himself to be elected to the
Virginia Constitutional Convention of 1829-30--His disgust at
his "weakness"--Writes Story amusing account--Issues before the
convention deeply trouble him--He is frankly and unshakably
conservative--The antiquated and undemocratic State
Constitution of 1776 and the aristocratic system under
it--Jefferson's brilliant indictment of both in a private
letter--His alarm and anger when his letter is circulated--He
tries to withdraw it--Marshall's interest in the well-being of
the people--His prophetic letter to Charles F. Mercer--
Marshall's only public ideal that of Nationalism--His views on
slavery--Letters to Gurley and Pickering--His judicial opinions
involving slavery and the slave trade: The Antelope; Boyce
_vs._ Anderson--Extreme conservatism of Marshall's views on
legislation and private property--Letter to Greenhow--Opinions
in Ogden _vs._ Saunders and Bank _vs._ Dandridge--Marshall's
work in the Virginia convention--Is against any reform--Writes
Judiciary report--The aristocratic County Court system--
Marshall defends it--Impressive tributes to Marshall from
members of the convention--His animated and powerful speeches
on the Judiciary--He answers Giles, Tazewell, and Cabell,
and carries the convention by an astonishing majority--
Is opposed to manhood suffrage and exclusive white basis
of representation--He pleads for compromise on the latter
subject and prevails--Reasons for his course in the
convention--He probably prevents civil strife and bloodshed
in Virginia--The convention adjourns--History of Craig _vs._
Missouri--Marshall's stern opinion--The splendid eloquence
of his closing passage--Three members of the Supreme Court
file dissenting opinions--Marshall's melancholy comments on
them--Congressional assaults on the Supreme Court renewed--
They are astonishingly weak, and are overwhelmingly defeated,
but the vote is ominous.
X. THE FINAL CONFLICT 518
Sadness of Marshall's last years--His health fails--
Contemplates resigning--His letters to Story--Goes to
Philadelphia for surgical treatment--Remarkable resolutions by
the bar of that city--Marshall's response--Is successfully
operated upon by Dr. Physick--His cheerfulness--Letters to his
wife--Mrs. Marshall dies--Marshall's grief--His tribute to
her--He is depressed by the course of President Jackson--The
warfare on the Bank of the United States--Congress recharters
it--Jackson vetoes the Bank Bill and assails Marshall's
opinions in the Bank cases--The people acclaim Jackson's veto--
Marshall is disgusted--His letters to Story--He is alarmed at
the growth of disunion sentiment--Causes of the recrudescence
of Localism--Marshall's theory of Constitutional construction
and its relation to slavery--The tariff--The South gives stern
warnings--Dangerous agitation in South Carolina--Georgia
asserts her "sovereignty" in the matter of the Cherokee
Indians--The case of George Tassels--Georgia ignores the
Supreme Court and rebukes Marshall--The Cherokee Nation _vs._
Georgia--The State again ignores the Supreme Court--Marshall
delivers his opinion in that case--Worcester _vs._ Georgia--The
State defies the Supreme Court--Marshall's opinion--Georgia
flouts the Court and disregards its judgment--Jackson supports
Georgia--Story's melancholy letter--The case of James Graves--
Georgia once more defies the Supreme Court and threatens
secession--South Carolina encouraged by Georgia's attitude--
Nullification sentiment grows rapidly--The Hayne-Webster
debate--Webster's great speech a condensation of Marshall's
Nationalist opinions--Similarity of Webster's language to that
of Marshall--The aged Madison repudiates Nullification--
Marshall, pleased, writes Story: "Mr. Madison is himself
again"--The Tariffs of 1828 and 1832 infuriate South Carolina--
Scenes and opinion in that State--Marshall clearly states the
situation--His letters to Story--South Carolina proclaims
Nullification--Marshall's militant views--Jackson issues his
Nullification Proclamation--It is based on Marshall's theory of
the Constitution and is a triumph for Marshall--Story's
letter--Hayne replies to Jackson--South Carolina flies to
arms--Virginia intercedes--Both parties back down: South
Carolina suspends Nullification and Congress passes Tariff
of 1833--Marshall describes conditions in the South--His
letters to Story--He almost despairs of the Republic--
Public appreciation of his character--Story dedicates
his _Commentaries_ to Marshall--Marshall presides over the
Supreme Court for the last time--His fatal illness--He dies at
Philadelphia--The funeral at Richmond--Widespread expressions
of sorrow--Only one of condemnation--The long-continued
mourning in Virginia--Marshall's old club resolves never to
fill his place or increase its membership--Story's "inscription
for a cenotaph" and the words Marshall wrote for his tomb.
WORKS CITED IN THIS VOLUME 595
INDEX 613
ILLUSTRATIONS
JOHN MARSHALL _Colored Frontispiece_
From the portrait painted in 1832 by Henry Inman, in the
possession of The Law Association of Philadelphia. A copy was
presented to the Connecticut State Library by Senator Frank B.
Brandegee and was chosen by the Secretary of the Treasury out of
all existing portraits to be engraved on steel for use as a
vignette on certain government bonds and treasury notes.
TIMOTHY PICKERING 50
From a painting by Stuart, owned by Mr. Robert M. Pratt, Boston.
JOSEPH STORY 96
From a crayon drawing by his son, William Wetmore Story, in the
possession of the family.
WILLIAM PINKNEY 132
From the original painting by Charles Wilson Peale, in the
possession of Pinkney's grandson, William Pinkney Whyte, Esq.,
Baltimore, Maryland.
JOHN MARSHALL 210
From the bust in the Court Room of the United States Supreme
Court.
JOSEPH HOPKINSON 254
From a portrait owned by Dartmouth College.
ASSOCIATE JUSTICES SITTING WITH MARSHALL IN THE CASE OF M'CULLOCH
VERSUS MARYLAND: BUSHROD WASHINGTON, WILLIAM JOHNSON, BROCKHOLST
LIVINGSTON, THOMAS TODD, JOSEPH STORY, GABRIEL DUVAL 282
From etchings by Max and Albert Rosenthal in Hampton L. Carson's
history of _The Supreme Court of the United States_, reproduced
through the courtesy of the Lawyers' Coöperative Publishing
Company, Rochester, New York. The etchings were made from
originals as follows: Washington, from a painting by Chester
Harding in the possession of the family; Johnson, from a
painting by Jarvis in the possession of the New York Historical
Society; Livingston, from a painting in the possession of the
family; Todd, from a painting in the possession of the family;
Story, from a drawing by William Wetmore Story in the possession
of the family; Duval, from a painting in the Capitol at
Washington. Mr. Justice Todd is included as a member of the
Court at that time, although absent because of illness.
SPENCER ROANE 314
From a painting in the Court of Appeals at Richmond, Virginia.
JOHN TAYLOR OF CAROLINE 336
From a painting in the possession of the Virginia State Library,
Richmond.
JOHN MARSHALL 412
From a portrait painted by J. B. Martin and presented to the
University of Virginia in 1901 by John L. Williams, Esq., of
Richmond, Virginia.
SILHOUETTE OF JOHN MARSHALL 462
From the original found in the desk of Mr. Justice Story.
LEEDS MANOR 528
From a photograph. This was the principal house in the Fairfax
Purchase and was the home of Marshall's son James Keith
Marshall. The wing on the left was built especially for the use
of Chief Justice Marshall, who expected to spend his declining
years there. Many of his books and papers were kept in this
house.
ASSOCIATE JUSTICES AT THE LAST SESSION OF THE SUPREME COURT OVER
WHICH JOHN MARSHALL PRESIDED: JOSEPH STORY, SMITH THOMPSON, JOHN
McLEAN, HENRY BALDWIN, JAMES M. WAYNE 584
From etchings by Max and Albert Rosenthal in Hampton L. Carson's
history of _The Supreme Court of the United States_, reproduced
by the courtesy of the Lawyers' Coöperative Publishing Company,
Rochester, New York. The etchings were made from originals as
follows: Story, from a drawing by William Wetmore Story in the
possession of the family; Smith Thompson from a painting by
Dumont in the possession of Smith Thompson, Esq., Hudson, New
York; McLean, from a painting by Ives, in the possession of Mr.
Justice Brown; Baldwin, from a painting by Lambdin in the
possession of the family; Wayne, from a photograph by Brady in
the possession of Mr. Justice Field.
THE GRAVE OF JOHN MARSHALL 592
From a photograph of the graves of Marshall and his Wife in the
Shockoe Hill Cemetery, Richmond, Virginia.
LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED
_All references here are to the List of Authorities at the end of
this volume_
Adams: _U.S._ _See_ Adams, Henry. History of the United States.
Ambler: _Ritchie._ _See_ Ambler, Charles Henry. Thomas Ritchie: A Study
in Virginia Politics.
_Ames_: Ames. _See_ Ames, Fisher. Works.
Anderson. _See_ Anderson, Dice Robins. William Branch Giles.
Babcock. _See_ Babcock, Kendric Charles. Rise of American Nationality,
1811-1819.
_Bayard Papers_: Donnan. _See_ Bayard, James Asheton. Papers from 1796
to 1815. Edited by Elizabeth Donnan.
_Branch Historical Papers._ _See_ John P. Branch Historical Papers.
Catterall. _See_ Catterall, Ralph Charles Henry. Second Bank of the
United States.
Channing: _Jeff. System._ _See_ Channing, Edward. Jeffersonian System,
1801-1811.
Channing: _U.S._ _See_ Channing, Edward. History of the United States.
Curtis. _See_ Curtis, George Ticknor. Life of Daniel Webster.
Dewey. _See_ Dewey, Davis Rich. Financial History of the United States.
Dillon. _See_ Dillon, John Forrest. John Marshall: Life, Character, and
Judicial Services.
_E. W. T._: Thwaites. _See_ Thwaites, Reuben Gold. Early Western
Travels.
Farrar. _See_ Farrar, Timothy. Report of the Case of the Trustees of
Dartmouth College against William H. Woodward.
Hildreth. _See_ Hildreth, Richard. History of the United States of
America.
Hunt: _Livingston._ _See_ Hunt, Charles Havens. Life of Edward
Livingston.
Kennedy. _See_ Kennedy, John Pendleton. Memoirs of the Life of William
Wirt.
King. _See_ King, Rufus. Life and Correspondence. Edited by Charles R.
King.
Lodge: _Cabot._ _See_ Lodge, Henry Cabot. Life and Letters of George
Cabot.
Lord. _See_ Lord, John King. A History of Dartmouth College, 1815-1909.
McMaster. _See_ McMaster, John Bach. A History of the People of the
United States.
_Memoirs, J. Q. A._: Adams. _See_ Adams, John Quincy. Memoirs. Edited by
Charles Francis Adams.
Morison: _Otis._ _See_ Morison, Samuel Eliot. Life and Letters of
Harrison Gray Otis.
Morris. _See_ Morris, Gouverneur. Diary and Letters. Edited by Anne Cary
Morris.
_N.E. Federalism_: Adams. _See_ Adams, Henry. Documents relating to
New-England Federalism, 1800-1815.
Parton: _Jackson._ _See_ Parton, James. Life of Andrew Jackson.
Plumer. _See_ Plumer, William, Jr. Life of William Plumer.
_Priv. Corres._: Webster. _See_ Webster, Daniel. Private Correspondence.
Edited by Fletcher Webster.
Quincy: _Quincy._ _See_ Quincy, Edmund. Life of Josiah Quincy of
Massachusetts.
Randall. _See_ Randall, Henry Stephens. Life of Thomas Jefferson.
_Records Fed. Conv._: Farrand. _See_ Records of the Federal Convention
of 1787. Edited by Max Farrand.
Richardson. _See_ Richardson, James Daniel. A Compilation of the
Messages and Papers of the Presidents, 1789-1897.
Shirley. _See_ Shirley, John M. The Dartmouth College Causes and the
Supreme Court of the United States.
Story. _See_ Story, Joseph. Life and Letters. Edited by William Wetmore
Story.
Sumner: _Hist. Am. Currency._ _See_ Sumner, William Graham. A History of
American Currency.
Sumner: _Jackson._ _See_ Sumner, William Graham. Andrew Jackson. As a
Public Man.
Tyler: _Tyler._ _See_ Tyler, Lyon Gardiner. Letters and Times of the
Tylers.
_Works_: Ford. _See_ Jefferson, Thomas. Works. Edited by Paul Leicester
Ford.
_Writings_: Adams. _See_ Gallatin, Albert. Writings. Edited by Henry
Adams.
_Writings_: Hunt. _See_ Madison, James. Writings. Edited by Gaillard
Hunt.
THE LIFE OF JOHN MARSHALL
THE LIFE OF JOHN MARSHALL