Volume Xiii of the Green Bag Will Be Found a Skillfully Constructed

mosaic biography of Marshall drawn from these addresses.

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

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gives a systematic presentation of Marshall's constitutional doctrines, which is fortified at all points by historical reference; the second edition is the best.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

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

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

INDEX A. Adams, John, and "midnight judges," 22-23; appoints Marshall Chief Justice, 23-24, 51; Marshall defends, 48. Adams, J. Q., Memoirs, cited, 71 (note); record of Giles's view on impeachment, 74-75; on Randolph, 81-82; quoted, 126. Addison, Alexander, 59. Alien and Sedition laws, 47; see also Sedition Act. Ambler, Mary, Marshall marries, 30; death, 217-218. Articles of Confederation, 3-4.

B. Baldwin, Henry, View of the Constitution, praise of Marshall, 225-226. Bank, U. S., 124-126; Marshall and, 214-215; see also M'Culloh vs. Maryland. Barbecue Club, 202-204. Barlow, Joel, 208-209. Barron vs. Baltimore, 191. Bartlett, attorney in Dartmouth College case, 159, 163. Benton, T. H., Abridgement of the Debates of Congress, cited, 66 (note). Beveridge, A. J., The Life of John Marshall, quoted, 31, 43, 201. Blair, Rev., and anecdote of Barbecue Club, 203-204. Blair, Justice John, of Virginia, 15, 19. Blennerhasset, Harman, and Burr, 87, 89, 105; describes Eaton, 92. Blennerhasset's Island, 87, 103. Bollmann, Erick, witness at Burr's trial, 92-93, 94, 108, 109. Botts, Benjamin, defends Burr, 92. Bradley, Justice J. P., cited, 144 (note); quoted, 227-228. Breckenridge, John, of Kentucky, 61, 62. Briscoe vs. Bank of Kentucky, 191. Brown, Francis, President of Dartmouth College, 164. Brown vs. Maryland, 142-144, 171, 190. Buchanan, James, and secession, 227. Burr, Aaron, and Marshall, 50; Vice-President, 76; favors to, 82-83; "conspiracy" and trial, 86 et seq.

C. Calder vs. Bull, 150, 154. Calhoun, J. C., and state sovereignty, 192. Callender, J. T., tried for sedition, 57, 73, 79. Campbell, clergyman, teaches John Marshall, 28. Campbell, lawyer at Richmond, 32, 78. Charles River Bridge Company vs. Warren Bridge Company, 225 (note). Chase, Justice Samuel, of Maryland, 19, 57, 71-72, 150; impeachment, 72, 73-83, 112-113. Cherokee Nation vs. Georgia, 193. Chisholm vs. Georgia, 18. Cincinnati, Burr goes to, 87. Civil War, 226. Clay, Henry, Marshall and, 214. Clinton, De Witt, Governor of New York, 164. Cohens vs. Virginia, 179. Commerce, Marshall's opinion of congressional control of, 139-142; see also Congress. Congress, and Supreme Court, 7, 12-13; impeachments, 71-83; control of commerce, 139-143, 145, 171, 226. Connecticut, statute excluding Fulton-Livingston vessels, 136. Constitution, relation of Supreme Court to, 7-13; principles from Marshall's interpretation of, 144-145. Constitutional Convention and state coercion, 4-5. Contracts, sanctity of, 147 et seq. Cooley vs. the Board of Wardens, 227. Cooper, Thomas, tried for sedition, 57. Corn Tassel, Cherokee Indian, 193. Craig vs. Missouri, 192-193. Cumberland Road Bill vetoed, 188. Cushing, Justice William, of Massachusetts, 15, 17, 116. Cushing, Mrs., wife of Justice, 17.

D. Dartmouth College vs. Woodward, 124, 154 et seq. Dickinson, John, of Delaware, on removal of judges, 6; Jefferson writes to, 23; President of Pennsylvania, 59 (note). Dodd, W. E., Chief Justice Marshall and Virginia, cited, 174 (note). Duval, Justice Gabriel, 219; and Dartmouth College case, 163.

E. Eaton, William, witness at Burr's trial, 92, 101. Elliot, J., Debates, 36, 38. Ellsworth, Oliver, 76; on state coercion, 5; author of Judiciary Act (1789), 14; Chief Justice, 20; resigns, 23, 175. Emmet, T. A., lawyer of New York, 136. Enquirer, Richmond, 183. Espionage Act of June 15, 1917, 110. Evans, Charles, Report, cited, 71 (note).

F. Federalist, 5, 13, 15, 18, 124, 175. Fletcher vs. Peck, 151-154, 159, 166. Fries, John, tried for treason, 57, 73, 79. Fries's Rebellion, 21. Fulton, Robert, steamboat grant to, 135.

G. Gallatin, Albert, 48, 82. Georgia, land grant case, 151-154; controversy with Supreme Court, 193-194. Gerry, Elbridge, 45. Gibbons vs. Oregon, 130, 135-142, 145, 171, 189. Giles, W. B., of Virginia, 62, 74-75, 78, 82. Goodrich, C. A., Professor of Yale, 162 (note). Green vs. Biddle, 184, 188. Griffin, Judge, at Burr's trail, 95.

H. Hamilton, Alexander, 13, 36, 45, 50, 86, 121, 122; and U. S. Bank, 124-126. Harding, Chester, quoted, 204-205. Hay, George, and Sedition Act, 79; U. S. District Attorney, 91, 98, 113-114. Hayes, Samuel (or Haze), 155-156. Heath testifies against Chase, 79. Henry, Patrick, at Virginia Convention, 37, 38; supports Marshall, 48. Holmes, John, and Dartmouth College case, 163. Holmes, Justice O. W., on Marshall, 121. Hopkinson, Joseph, defends Chase, 80; in Bank case, 128; and Dartmouth College case, 162. Hunter vs. Martin, 174-177, 179.

I. Impeachments, Pickering, 71-73; Chase, 73-83; of Pennsylvania State Supreme Court judges, 84. Indians, and Dartmouth College, 155, 158; and Georgia, 193. Iredell, Justice James, of North Carolina, 15.

J. Jackson, Andrew, and Burr, 92; President, 191; and controversy between Supreme Court and Georgia, 194. Jay, John, of New York, Chief Justice, 15-16, 19-20, 196. Jefferson, Thomas, 25, 28, 166; elected President, 22; and the Judiciary, 23, 53 et seq., 182-183; Governor of Virginia, 30; and Marshall, 46, 50, 55, 94-95, 96, 97-98, 108, 120; inauguration, 55-56; Marbury vs. Madison, 64-66; and Martin, 77, 78; and Burr, 82, 88-89, 90, 111, 113; and Johnson, 115; and U. S. Bank, 125; on Dartmouth College question, 157; criticism of Marshall's Life of Washington, 208-209. Johnson, Allen, Jefferson and His Colleagues, cited, 87 (note). Johnson, R. M., of Kentucky, 185. Johnson, Justice William, 115, 151, 164. Jones, Walter, in Bank case, 128. Judiciary, establishment, 1 et seq.; removal of judges, 6; Jefferson's war on, 53 et seq. Judiciary Act (1789), 14-16, 39, 192-193; Act (1801), 22, 60-63, 71.

K. Kent, Chancellor James, of New York, 137, 138, 164, 225 (note). Kentucky, anti-judicial movement, 58, 184-186, 187, 188. Kentucky Resolutions, 22, 127, 177. King, Rufus, on John Marshall, 44.

L. Law Journal, Hall's 183. Lee, R. E., 25. Lewis, attorney for Fries, 79. Lincoln, Abraham, and nationalism, 226. Livingston, Justice Brockholst, 164. Livingston, R. R., steamboat grant to, 135. Livingston family of New York, 16. Livingston vs. Van Ingen, 137 (note). Lodge, H. C., on Marshall, 121.

M. M'Culloh vs. Maryland, 124-135, 143, 182, 184, 190. McLean, Justice John, letter of Story to, quoted, 225 (note). Madison, James, 82; on state coercion, 5; on state courts as national tribunals, 7; in Virginia Legislature, 34; Virginia Convention, 36, 37; and U. S. Bank, 126; Journal, cited, 175. Marbury vs. Madison, 64-71. Marsh, Charles, 164. Marshall, John, 18, 20, 22; and American constitutionalism, 2-3; appointed Chief Justice, 24, 51; born (1755), 25; early life, 25 et seq.; education, 27-28, 30; and the Revolution, 29-30; marriage (1783), 30; practices law at Richmond, 31-32; in Virginia Legislature, 33; and adoption of Constitution, 35-38; Wirt's description of, 39-42; personal characteristics, 42; Federalist leader in Virginia, 43; and Jay Treaty, 43-44, 48; purchases Fairfax estate, 44-45; "X.Y.Z." mission, 45-46, 49; elected to Congress, 46-48; and Jefferson, 46, 50, 55, 94-95, 96, 97-98, 108, 120; in Washington, 53-54; first constitutional case, 64-71; and trial of Burr, 93 et seq.; and nationalism, 121 et seq., 147; interpretation of Constitution, 144-145; and sanctity of contracts, 147 et seq.; and State Rights, 173 et seq.; as private citizen, 198 et seq.; as hero of anecdote, 205-206; religious bent, 206; Life of Washington, 34 (note), 208-210; correspondence, 211-213; and politics, 213-214; on method of electing President, 214-215; and U. S. Bank, 215-216; illness, 216-217; death of wife, 217-218; last years, 219-220; composes epitaph, 221; death, 221; will, 221-222; tribute, 221-222; Baldwin on, 225-226; bibliography, 233-236. Marshall, Thomas, father of John Marshall, 25, 27. Martin, Luther, of Maryland, on authority of federal legislation, 9; defends Chase, 76-77, 80, 81; defends Burr, 92, 96; in Bank case, 128. Martin vs. Hunter's Lessee, 177-182. Martineau, Harriet, describes Marshall, 220. Maryland, attitude toward Judiciary, 58; and U. S. Bank, see M'Culloch vs. Maryland. Mason, George, 38. Mason, Jeremiah, 158, 162. Mexico, "Burr's Conspiracy" against, 99. Morgan, General, witness at Burr's trial, 102. Morris, Gouverneur, quoted, 61. Morris, Robert, and Marshall, 45. Munford, G. W., The Two Parsons, cited, 204 (note). Murch, Rachel, 155.

N. Nashville (Tenn.), Burr goes to, 87. Natchez, Burr goes to, 87, 89. Nationalism, 121 et seq., 227. Nereide, case of the, 118 (note). New Jersey, statute excluding Fulton-Livingston vessels, 136. New Orleans, Wilkinson at, 89, 91; and Burr, 99. New York, and "Steamboat case," 136-142. New York City, Supreme Court in, 16. Newcastle (Del.), Chase at, 73. Nicholas, W. C., at Virginia Convention, 37. Nicholson, Joseph, and impeachment, 78; recall for Senators, 84. Nullification, 194; Marshall and, 214.

O. Oakley, T. J., counsel for Ogden, 136. Ogden vs. Saunders, 190. Ohio, anti-judicial movement in, 184. Osborn vs. United States Bank, 189-190.

P. Parton, James, Life and Times of Aaron Burr, quoted, 99-100. Passmore, Thomas, punished for contempt of court, 60. Pendleton, Edmund, lawyer of Richmond, 32. Pennsylvania, attitude toward Judiciary, 58, 84; protests Marshall's decision, 119. Philadelphia, Supreme Court at, 16; impeachment of judges at, 84; Burr goes to, 87. Pickering, Judge, of New Hampshire, impeachment, 71, 72-73. Pinckney, C. C, on "X.Y.Z." mission, 45. Pinkney, William, of Maryland, greatest lawyer of his day, 117-118; in Bank case, 128-129; in Dartmouth College case, 165. Plumer, William, Governor of New Hampshire, 156-158. Providence Bank vs. Billings, 191.

R. Raleigh (N. C.), Marshall holds court at, 199. Randolph, Edmund, 25; defends Burr, 92. Randolph, John, 25, 32, 37, 54, 62, 90, 124; on Judiciary, 23; on Marshall, 52; and impeachment of Chase, 75, 78, 81-82; proposes amendment to Constitution, 83-84; at Burr's trial, 95. Reed, T. B., 169. Revolution, Marshall and, 29-30. Richardson, Chief Justice, 159. Richmond (Va.), Marshall practices law at, 31; Burr's trial at, 86 et seq.; Marshall holds court at, 199. Roane, Spencer, of Virginia, 174-178, 183. Robertson, Reports, cited, 109 (note). Robins, Jonathan, British fugitive from justice, 48. Rodney, C. A., 78, 84. Rowan, Senator, of Kentucky, 187. Rutledge, John, of South Carolina, on state courts as national tribunals, 6-7; associate justice, 15.

S. St. Louis, Burr goes to, 87. Satterlee vs. Matthewson, 191. Schooner Exchange vs. McFaddon et al, 118 (note). Sedgwick, Theodore, on Marshall, 49-51. Sedition Act (1798), 21, 49, 57. Shays's Rebellion (1786), 34. "Shockoe Hill," Marshall's home at Richmond, 201. "Sidney, Algernon," pseudonym of Roane, 183. Smith, Jeremiah, 158-159, 163. South Carolina, nullification, 194; Jackson's proclamation to, 214; secession, 227. Spain, "Burr's Conspiracy" against, 89. State Rights, 7, 173, et seq. "Steamboat case," see Gibbons vs. Ogden. Story, Justice Joseph, 109, 118, 220; Discourse, cited, 34 (note); and Marshall, 116, 150-151 (note), 183, 194, 195, 211, 216, 219, 225; quoted, 129, 201; Dartmouth College case, 163, 166; answer to Roane, 177-179. Sturges vs. Crowinshield, 124, 184, 190. Sullivan, attorney in Dartmouth College case, 159, 163. Supreme Court, relation to Constitution, 7-13; powers, 11; establishment, 12-13, 14; original bench, 15; in New York City, 16; in Philadelphia, 16; pioneer work, 17-19; need of leadership, 19-20; Act of Feb. 13, 1801, 22, 60-63, 71; in Washington, 54; defended by Virginia Assembly, 119-120; bill for enlargement, 186-187; controversy with Georgia, 193-194; number of cases during Marshall's term of office, 198; changes on bench, 223. Swartwout, Samuel, 93, 94, 108, 109.

T. Taney, R. B., Chief Justice, 118, 224, 226. Taylor, John, of Caroline, 60, 192. Thayer, J. B., John Marshall, quoted, 202-204. Thompson, Justice Smith, 219. Ticknor, George, describes Pinkney, 117-118. Tocqueville, Alexis de, opinion of Supreme Court, 196-197. Todd, Justice Thomas, 163. Transportation, 188-189. Truxton, Commodore Thomas, 92, 102.

U. United States vs. Peters, 118.

V. Vincennes, Burr goes to, 87. Virginia, plan before Constitutional Convention, 8; Convention, 35-38; defends Supreme Court, 119-120; and U. S. Bank, 216. Virginia Resolutions, 22, 127, 176, 177.

W. Wakefield (Ala.), Burr captured at, 90. Ware vs. Hylton, 44. Warren, Charles, cited, 185 (note). Washington, Justice Bushrod, 115, 161, 163, 166, 190, 208. Washington, George, Marshall and, 26-27, 34, 46; Marshall's Life of, 34 (note), 208-210. Washington (D. C.), 53; Capitol 54; Burr goes to, 87. Watson vs. Mercer, 191. Webster, Daniel, 29; and Bank case, 128; Gibbons vs. Ogden, 136; Dartmouth College case, 159, 160-161, 163. Wentworth, John, Governor of New Hampshire, 155. Wheelock, Rev. Eleazar, of Connecticut, 155. Wheelock, Dr. John, son of Eleazar Wheelock, 156. Whisky Rebellion (1794), 21. Wickham, John, of Richmond, 32, 92, 202, 203-204. Wilkinson, James, 113; Marshall's letter to, 35; military commandant in Louisiana Territory, 82; and Burr, 88, 93, 95; at New Orleans, 89, 91. William and Mary College, 30. Wilson, Justice James, of Pennsylvania, 15, 36. Wilson vs. Blackbird Creek Marsh Company, 191. Wirt, William, Letters of the British Spy, quoted, 39-42; at Burr's trial, 91, 96-97, 102, 104-105, 110; Bank case, 128; Gibbons vs. Ogden, 135-136; Dartmouth College case, 163. Woodward, W. H., 158. Worcester vs. Georgia, 193-194. Wythe, George, 30, 32.

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

The Chronicles of America Series

1. The Red Man's Continent by Ellsworth Huntington 2. The Spanish Conquerors by Irving Berdine Richman 3. Elizabethan Sea-Dogs by William Charles Henry Wood 4. The Crusaders of New France by William Bennett Munro 5. Pioneers of the Old South by Mary Johnson 6. The Fathers of New England by Charles McLean Andrews 7. Dutch and English on the Hudson by Maud Wilder Goodwin 8. The Quaker Colonies by Sydney George Fisher 9. Colonial Folkways by Charles McLean Andrews 10. The Conquest of New France by George McKinnon Wrong 11. The Eve of the Revolution by Carl Lotus Becker 12. Washington and His Comrades in Arms by George McKinnon Wrong 13. The Fathers of the Constitution by Max Farrand 14. Washington and His Colleagues by Henry Jones Ford 15. Jefferson and his Colleagues by Allen Johnson 16. John Marshall and the Constitution by Edward Samuel Corwin 17. The Fight for a Free Sea by Ralph Delahaye Paine 18. Pioneers of the Old Southwest by Constance Lindsay Skinner 19. The Old Northwest by Frederic Austin Ogg 20. The Reign of Andrew Jackson by Frederic Austin Ogg 21. The Paths of Inland Commerce by Archer Butler Hulbert 22. Adventurers of Oregon by Constance Lindsay Skinner 23. The Spanish Borderlands by Herbert Eugene Bolton 24. Texas and the Mexican War by Nathaniel Wright Stephenson 25. The Forty-Niners by Stewart Edward White 26. The Passing of the Frontier by Emerson Hough 27. The Cotton Kingdom by William E. Dodd 28. The Anti-Slavery Crusade by Jesse Macy 29. Abraham Lincoln and the Union by Nathaniel Wright Stephenson 30. The Day of the Confederacy by Nathaniel Wright Stephenson 31. Captains of the Civil War by William Charles Henry Wood 32. The Sequel of Appomattox by Walter Lynwood Fleming 33. The American Spirit in Education by Edwin E. Slosson 34. The American Spirit in Literature by Bliss Perry 35. Our Foreigners by Samuel Peter Orth 36. The Old Merchant Marine by Ralph Delahaye Paine 37. The Age of Invention by Holland Thompson 38. The Railroad Builders by John Moody 39. The Age of Big Business by Burton Jesse Hendrick 40. The Armies of Labor by Samuel Peter Orth 41. The Masters of Capital by John Moody 42. The New South by Holland Thompson 43. The Boss and the Machine by Samuel Peter Orth 44. The Cleveland Era by Henry Jones Ford 45. The Agrarian Crusade by Solon Justus Buck 46. The Path of Empire by Carl Russell Fish 47. Theodore Roosevelt and His Times by Harold Howland 48. Woodrow Wilson and the World War by Charles Seymour 49. The Canadian Dominion by Oscar D. Skelton 50. 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."