CHAPTER X. The Final Conflict

THE FINAL CONFLICT

Liberty and Union, now and forever, one and inseparable. (Daniel Webster.)

Fellow citizens, the die is now cast. Prepare for the crisis and meet it as becomes men and freemen. (South Carolina Ordinance of Nullification.)

The Union has been prolonged thus far by miracles. I fear they cannot continue. (Marshall.)

It is time to be old, To take in sail. (Emerson.)

The last years of Marshall's life were clouded with sadness, almost despair. His health failed; his wife died; the Supreme Court was successfully defied; his greatest opinion was repudiated and denounced by a strong and popular President; his associates on the Bench were departing from some of his most cherished views; and the trend of public events convinced him that his labor to construct an enduring nation, to create institutions of orderly freedom, to introduce stability and system into democracy, had been in vain.

Yet, even in this unhappy period, there were hours of triumph for John Marshall. He heard his doctrine of Nationalism championed by Daniel Webster, who, in one of the greatest debates of history, used Marshall's arguments and almost his very words; he beheld the militant assertion of the same principle by Andrew Jackson, who, in this instance, also employed Marshall's reasoning and method of statement; and he witnessed the sudden flowering of public appreciation of his character and services.

During the spring of 1831, Marshall found himself, for the first time in his life, suffering from acute pain. His Richmond physician could give him no relief; and he became so despondent that he determined to resign immediately after the ensuing Presidential election, in case Jackson should be defeated, an event which many then thought probable. In a letter about the house at which the members of the Supreme Court were to board during the next term, Marshall tells Story of his purpose: "Being ... a bird of passage, whose continuance with you cannot be long, I did not chuse to permit my convenience or my wishes to weigh a feather in the permanent arrangements.... But in addition, I felt serious doubts, although I did not mention them, whether I should be with you at the next term.

"What I am about to say is, of course, in perfect confidence which I would not breathe to any other person whatever. I had unaccountably calculated on the election of P[residen]t taking place next fall, and had determined to make my continuance in office another year dependent on that event.

"You know how much importance I attach to the character of the person who is to succeed me, and calculate the influence which probabilities on that subject would have on my continuance in office. This, however, is a matter of great delicacy on which I cannot and do not speak.

"My erroneous calculation of the time of the election was corrected as soon as the pressure of official duty was removed from my mind, and I had nearly decided on my course, but recent events produce such real uncertainty respecting the future as to create doubts whether I ought not to await the same chances in the fall of 32 which I had intended to await in the fall of 31."

Marshall steadily became worse, and in September he went to Philadelphia to consult the celebrated physician and surgeon, Dr. Philip Syng Physick, who at once perceived that the Chief Justice was suffering from stone in the bladder. His affliction could be relieved only by the painful and delicate operation of lithotomy, which Dr. Physick had introduced in America. From his sick-room Marshall writes Story of his condition during the previous five months, and adds that he looks "with impatience for the operation." He is still concerned about the court's boarding-place and again refers to his intention of leaving the Bench: "In the course of the summer ... I found myself unequal to the effective consideration of any subject, and had determined to resign at the close of the year. This determination, however, I kept to myself, being determined to remain master of my own conduct." Story had answered Marshall's letter of June 26, evidently protesting against the thought of the Chief Justice giving up his office.

Marshall replies: "On the most interesting part of your letter I have felt, and still feel, great difficulty. You understand my general sentiments on that subject as well as I do myself. I am most earnestly attached to the character of the department, and to the wishes and convenience of those with whom it has been my pride and my happiness to be associated for so many years. I cannot be insensible to the gloom which lours over us. I have a repugnance to abandoning you under such circumstances which is almost invincible. But the solemn convictions of my judgement sustained by some pride of character admonish me not to hazard the disgrace of continuing in office a mere inefficient pageant."

Had Adams been reëlected in 1828, there can be no doubt that Marshall would have resigned during that Administration; and it is equally certain that, if Jackson had been defeated in 1832, the Chief Justice would have retired immediately. The Democratic success in the election of that year determined him to hold on in an effort to keep the Supreme Court, as long as possible, unsubmerged by the rising tide of radical Localism. Perhaps he also clung to a desperate hope that, during his lifetime, a political reaction would occur and a conservative President be chosen who could appoint his successor.

When Marshall arrived at Philadelphia, the bar of that city wished to give him a dinner, and, by way of invitation, adopted remarkable resolutions expressing their grateful praise and affectionate admiration. The afflicted Chief Justice, deeply touched, declined in a letter of singular grace and dignity: "It is impossible for me ... to do justice to the feelings with which I receive your very flattering address; ... to have performed the official duties assigned to me by my country in such a manner as to acquire the approbation of" the Philadelphia bar, "affords me the highest gratification of which I am capable, and is more than an ample reward for the labor which those duties impose." Marshall's greatest satisfaction, he says, is that he and his associates on the Supreme Bench "have never sought to enlarge the judicial power beyond its proper bounds, nor feared to carry it to the fullest extent that duty required." The members of the bar then begged the Chief Justice to receive them "in a body" at "the United States Courtroom"; and also to "permit his portrait to be taken" by "an eminent artist of this city."

With anxiety, but calmness and even good humor, Marshall awaited the operation. Just before he went to the surgeon's table, Dr. Jacob Randolph, who assisted Dr. Physick, found Marshall eating a hearty breakfast. Notwithstanding the pain he suffered, the Chief Justice laughingly explained that, since it might be the last meal he ever would enjoy, he had determined to make the most of it. He understood that the chances of surviving the operation were against him, but he was eager to take them, since he would rather die than continue to suffer the agony he had been enduring.

While the long and excruciating operation went on, by which more than a thousand calculi were removed, Marshall was placid, "scarcely uttering a murmur throughout the whole procedure." The physicians ascribed his recovery "in a great degree ... to his extraordinary self possession, and to the calm and philosophical views which he took of his case."

Marshall writes Story about his experience and the results of the treatment, saying that he must take medicine "continually to prevent new formations," and adding, with humorous melancholy, that he "must submit too to a severe and most unsociable regimen." He cautions Story to care for his own health, which Judge Peters had told him was bad. "Without your vigorous and powerful co-operation I should be in despair, and think the 'ship must be given up.'"

On learning of his improved condition, Story writes Peters from Cambridge: "This seems to me a special interposition of Providence in favor of the Constitution.... He is beloved and reverenced here beyond all measure, though not beyond his merits. Next to Washington he stands the idol of all good men."

While on this distressing visit to Philadelphia, Marshall writes his wife two letters--the last letters to her of which any originals or copies can be found. "I anticipate with a pleasure which I know you will share the time when I may sit by your side by our tranquil fire side & enjoy the happiness of your society without inflicting on you the pain of witnessing my suffering.... I am treated with the most flattering attentions in Philadelphia. They give me pain, the more pain as the necessity of declining many of them may be ascribed to a want of sensibility."

His recovery assured, Marshall again writes his wife: "I have at length risen from my bed and am able to hold a pen. The most delightful use I can make of it is to tell you that I am getting well ... from the painful disease with which I have been so long affected.... Nothing delights me so much as to hear from my friends and especially from you. How much was I gratified at the line from your own hand in Mary's letter.... I am much obliged by your offer to lend me money. I hope I shall not need it but can not as yet speak positively as my stay has been longer and my expenses greater than I had anticipated on leaving home. Should I use any part of it, you may be assured it will be replaced on my return. But this is a subject on which I know you feel no solicitude.... God bless you my dearest Polly love to all our friends. Ever your most affectionate J. Marshall."

On December 25, 1831, his "dearest Polly" died. The previous day, she hung about his neck a locket containing a wisp of her hair. For the remainder of his life he wore this memento, never parting with it night or day. Her weakness, physical and mental, which prevailed throughout practically the whole of their married life, inspired in Marshall a chivalric adoration. On the morning of the first anniversary of her death, Story chanced to go into Marshall's room and "found him in tears. He had just finished writing out for me some lines of General Burgoyne, of which he spoke to me last evening as eminently beautiful and affecting.... I saw at once that he had been shedding tears over the memory of his own wife, and he has said to me several times during the term, that the moment he relaxes from business he feels exceedingly depressed, and rarely goes through a night without weeping over his departed wife.... I think he is the most extraordinary man I ever saw, for the depth and tenderness of his feelings."

But Marshall had also written something which he did not show even to Story--a tribute to his wife:

"This day of joy and festivity to the whole Christian world is, to my sad heart, the anniversary of the keenest affliction which humanity can sustain. While all around is gladness, my mind dwells on the silent tomb, and cherishes the remembrance of the beloved object which it contains.

"On the 25th of December, 1831, it was the will of Heaven to take to itself the companion who had sweetened the choicest part of my life, had rendered toil a pleasure, had partaken of all my feelings, and was enthroned in the inmost recess of my heart. Never can I cease to feel the loss and to deplore it. Grief for her is too sacred ever to be profaned on this day, which shall be, during my existence, marked by a recollection of her virtues.

"On the 3d of January, 1783, I was united by the holiest bonds to the woman I adored. From the moment of our union to that of our separation, I never ceased to thank Heaven for this its best gift. Not a moment passed in which I did not consider her as a blessing from which the chief happiness of my life was derived. This never-dying sentiment, originating in love, was cherished by a long and close observation of as amiable and estimable qualities as ever adorned the female bosom. To a person which in youth was very attractive, to manners uncommonly pleasing, she added a fine understanding, and the sweetest temper which can accompany a just and modest sense of what was due to herself.

"She was educated with a profound reverence for religion, which she preserved to her last moments. This sentiment, among her earliest and deepest impressions, gave a colouring to her whole life. Hers was the religion taught by the Saviour of man. She was a firm believer in the faith inculcated by the Church (Episcopal) in which she was bred.

"I have lost her, and with her have lost the solace of my life! Yet she remains still the companion of my retired hours, still occupies my inmost bosom. When alone and unemployed, my mind still recurs to her. More than a thousand times since the 25th of December, 1831, have I repeated to myself the beautiful lines written by General Burgoyne, under a similar affliction, substituting 'Mary' for 'Anna':

"'Encompass'd in an angel's frame, An angel's virtues lay: Too soon did Heaven assert its claim And take its own away! My Mary's worth, my Mary's charms, Can never more return! What now shall fill these widow'd arms? Ah, me! my Mary's urn! Ah, me! ah, me! my Mary's urn!'"

After his wife's death, Marshall arranged to live at "Leeds Manor," Fauquier County, a large house on part of the Fairfax estate which he had given to his son, James Keith Marshall. A room, with very thick walls to keep out the noise of his son's many children, was built for him, adjoining the main dwelling. Here he brought his library, papers, and many personal belongings. His other sons and their families lived not far away; "Leeds Manor" was in the heart of the country where he had grown to early manhood; and there he expected to spend his few remaining years. He could not, however, tear himself from his Richmond home, where he continued to live most of the time until his death.

When fully recovered from his operation, Marshall seemed to acquire fresh strength. He "is in excellent health, never better, and as firm and robust in mind as in body," Story informs Charles Sumner.

The Chief Justice was, however, profoundly depressed. The course that President Jackson was then pursuing--his attitude toward the Supreme Court in the Georgia controversy, his arbitrary and violent rule, his hostility to the second Bank of the United States--alarmed and distressed Marshall.

The Bank had finally justified the brightest predictions of its friends. Everywhere in the country its notes were as good as gold, while abroad they were often above par. Its stock was owned in every nation and widely distributed in America. Up to the time when Jackson began his warfare upon the Bank, the financial management of Nicholas Biddle had been as brilliant as it was sound.

But popular hostility to the Bank had never ceased. In addition to the old animosity toward any central institution of finance, charges were made that directors of certain branches of the Bank had used their power to interfere in politics. As implacable as they were unjust were the assaults made by Democratic politicians upon Jeremiah Mason, director of the branch at Portsmouth, New Hampshire. Had the Bank consented to Mason's removal, it is possible that Jackson's warfare on it would not have been prosecuted.

The Bank's charter was to expire in 1836. In his first annual Message to Congress the President briefly called attention to the question of rechartering the institution. The constitutionality of the Bank Act was doubtful at best, he intimated, and the Bank certainly had not established a sound and uniform currency. In his next Message, a year later, Jackson repeated more strongly his attack upon the Bank.

Two years afterwards, on the eve of the Presidential campaign of 1832, the friends of the Bank in Congress passed, by heavy majorities, a bill extending the charter for fifteen years after March 3, 1836, the date of its expiration. The principal supporters of this measure were Clay and Webster and, indeed, most of the weighty men in the National Legislature. But they were enemies of Jackson, and he looked upon the rechartering of the Bank as a personal affront.

On July 4, 1832, the bill was sent to the President. Six days later he returned it with his veto. Jackson's veto message was as able as it was cunning. Parts of it were demagogic appeals to popular passion; but the heart of it was an attack upon Marshall's opinions in M'Culloch vs. Maryland and Osborn vs. The Bank.

The Bank is a monopoly, its stockholders and directors a "privileged order"; worse still, the institution is rapidly passing into the hands of aliens--"already is almost a third of the stock in foreign hands." If we must have a bank, let it be "purely American." This aristocratic, monopolistic, un-American concern exists by the authority of an unconstitutional act of Congress. Even worse is the rechartering act which he now vetoed.

The decision of the Supreme Court in the Bank cases, settled nothing, said Jackson. Marshall's opinions were, for the most part, erroneous and "ought not to control the co-ordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution.... It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision.

"The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve."

But, says Jackson, the court did not decide that "all features of this corporation are compatible with the Constitution." He quotes--and puts in italics--Marshall's statement that "where the law is not prohibited and is really calculated to effect any of the objects intrusted to the Government, to undertake here to inquire into the degree of its necessity would be to pass the line which circumscribes the judicial department and to tread on legislative ground." This language, insists Jackson, means that "it is the exclusive province of Congress and the President to decide whether the particular features of this act are necessary and proper ... and therefore constitutional, or unnecessary and improper, and therefore unconstitutional." Thereupon Jackson points out what he considers to be the defects of the bill.

Congress has no power to "grant exclusive privileges or monopolies," except in the District of Columbia and in the matter of patents and copyrights. "Every act of Congress, therefore, which attempts, by grants of monopolies or sale of exclusive privileges for a limited time, or a time without limit, to restrict or extinguish its own discretion in the choice of means to execute its delegated powers, is equivalent to a legislative amendment of the Constitution, and palpably unconstitutional." Jackson fiercely attacks Marshall's opinion that the States cannot tax the National Bank and its branches.

The whole message is able, adroit, and, on its face, plainly intended as a campaign document. A shrewd appeal is made to the State banks. Popular jealousy and suspicion of wealth and power are skillfully played upon: "The rich and powerful" always use governments for "their selfish purposes." When laws are passed "to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society--the farmers, mechanics, and laborers--who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their Government.

"There are no necessary evils in government," says Jackson. "Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing"--thus he runs on to his conclusion.

The masses of the people, particularly those of the South, responded with wild fervor to the President's assault upon the citadel of the "money power." John Marshall, the defender of special privilege, had said that the Bank law was protected by the Constitution; but Andrew Jackson, the champion of the common people, declared that it was prohibited by the Constitution. Hats in the air, then, and loud cheers for the hero who had dared to attack and to overcome this financial monster as he had fought and beaten the invading British!

Marshall was infinitely disgusted. He informs Story of Virginia's applause of Jackson's veto: "We are up to the chin in politics. Virginia was always insane enough to be opposed to the Bank of The United States, and therefore hurras for the veto. But we are a little doubtful how it may work in Pennsylvania. It is not difficult to account for the part New York may take. She has sagacity enough to see her interest in putting down the present bank. Her mercantile position gives her a controul, a commanding controul, over the currency and the exchanges of the country, if there be no Bank of The United States. Going for herself she may approve this policy; but Virginia ought not to drudge for her benefit."

Jackson did not sign the bill for the improvement of rivers and harbors, passed at the previous session of Congress, because, as he said, he had not "sufficient time ... to examine it before the adjournment." Everybody took the withholding of his signature as a veto. This bill included a feasible project for making the Virginia Capital accessible to seagoing vessels. Even this action of the President was applauded by Virginians:

"We show our wisdom most strikingly in approving the veto on the harbor bill also," Marshall writes Story. "That bill contained an appropriation intended to make Richmond a seaport, which she is not at present, for large vessels fit to cross the Atlantic. The appropriation was whittled down in the House of Representatives to almost nothing.... Yet we wished the appropriation because we were confident that Congress when correctly informed, would add the necessary sum. This too is vetoed; and for this too our sagacious politicians are thankful. We seem to think it the summit of human wisdom, or rather of American patriotism, to preserve our poverty."

During the Presidential campaign of 1832, Marshall all but despaired of the future of the Republic. The autocracy of Jackson's reign; the popular enthusiasm which greeted his wildest departures from established usage and orderly government; the state of the public mind, indicated everywhere by the encouragement of those whom Marshall believed to be theatrical and adventurous demagogues--all these circumstances perturbed and saddened him.

And for the time being, his fears were wholly justified. Triumphantly reëlected, Jackson pursued the Bank relentlessly. Finally he ordered that the Government funds should no longer be deposited in that hated institution. Although that desperate act brought disaster on business throughout the land, it was acclaimed by the multitude. In alarm and despair, Marshall writes Story: "We [Virginians] are insane on the subject of the Bank. Its friends, who are not numerous, dare not, a few excepted, to avow themselves."

But the sudden increase and aggressiveness of disunion sentiment oppressed Marshall more heavily than any other public circumstance of his last years. The immediate occasion for the recrudescence of Localism was the Tariff. Since the Tariff of 1816 the South had been discontented with the protection afforded the manufacturers of the North and East; and had made loud outcry against the protective Tariff of 1824. The Southern people felt that their interests were sacrificed for the benefit of the manufacturing sections; they believed that all that they produced had to be sold in a cheap, unprotected market, and all that they purchased had to be bought in a dear, protected market; they were convinced that the protective tariff system, and, indeed, the whole Nationalist policy, meant the ruin of the South.

Moreover, they began to see that the power that could enact a protective tariff, control commerce, make internal improvements, could also control slavery--perhaps abolish it. Certainly that was "the spirit" of Marshall's construction of the Constitution, they said. "Sir," exclaimed Robert S. Garnett of Virginia during the debate in the House on the Tariff of 1824, "we must look very little to consequences if we do not perceive in the spirit of this construction, combined with the political fanaticism of the period, reason to anticipate, at no distant day, the usurpation, on the part of Congress, of the right to legislate upon a subject which, if you once touch, will inevitably throw this country into revolution--I mean that of slavery.... Can whole nations be mistaken? When I speak of nations, I mean Virginia, the Carolinas, and other great Southern commonwealths."

John Carter of South Carolina warned the House not to pass a law "which would, as to this portion of the Union, be registered on our statute books as a dead letter." James Hamilton, Jr., of the same State, afterwards a Nullification Governor, asked: "Is it nothing to weaken the attachment of one section of this confederacy to the bond of Union?... Is it nothing to sow the seeds of incurable alienation?"

The Tariff of 1828 alarmed and angered the Southern people to the point of frenzy. "The interests of the South have been ... shamefully sacrificed!" cried Hayne in the Senate. "Her feelings have been disregarded; her wishes slighted; her honest pride insulted!" So enraged were Southern Representatives that, for the most part, they declined to speak. Hamilton expressed their sentiments. He disdained to enter into the "chaffering" about the details of the bill. "You are coercing us to inquire, whether we can afford to belong to a confederacy in which severe restrictions, tending to an ultimate prohibition of foreign commerce, is its established policy.... Is it ... treason, sir, to tell you that there is a condition of public feeling throughout the southern part of this confederacy, which no prudent man will treat with contempt, and no man who loves his country will not desire to see allayed?... I trust, sir, that this cup may pass from us.... But, if an adverse destiny should be ours--if we are doomed to drink 'the waters of bitterness,' in their utmost woe, ... South Carolina will be found on the side of those principles, standing firmly, on the very ground which is canonized by that revolution which has made us what we are, and imbued us with the spirit of a free and sovereign people."

Retaliation, even forcible resistance, was talked throughout the South when this "Tariff of Abominations," as the Act of 1828 was called, became a law. The feeling in South Carolina especially ran high. Some of her ablest men proposed that the State should tax all articles protected by the tariff. Pledges were made at public meetings not to buy protected goods manufactured in the North. At the largest gathering in the history of the State, resolutions were passed demanding that all trade with tariff States be stopped. Nullification was proposed. The people wildly acclaimed such a method of righting their wrongs, and Calhoun gave to the world his famous "Exposition," a treatise based on the Jeffersonian doctrine of thirty years previous.

A little more than a year after the passage of the Tariff of 1824, and the publication of Marshall's opinions in Osborn vs. The Bank and Gibbons vs. Ogden, Jefferson had written Giles of the "encroachments" by the National Government, particularly by the Supreme Court and by Congress. How should these invasions of the rights of the States be checked? "Reason and argument? You might as well reason and argue with the marble columns encircling them [Congress and the Supreme Court].... Are we then to stand to our arms?... No. That must be the last resource." But the States should denounce the acts of usurpation "until their accumulation shall overweigh that of separation." Jefferson's letter, written only six months before his death, was made public just as the tide of belligerent Nullification was beginning to rise throughout the South.

At the same time defiance of National authority came also from Georgia, the cause being as distinct from the tariff as the principle of resistance was identical. This cause was the forcible seizure, by Georgia, of the lands of the Cherokee Indians and the action of the Supreme Court in cases growing out of Georgia's policy and the execution of it.

By numerous treaties between the National Government and the Cherokee Nation, the Indians were guaranteed protection in the enjoyment of their lands. When Georgia, in 1802, ceded her claim to that vast territory stretching westward to the Mississippi, it had been carefully provided that the lands of the Indians should be preserved from seizure or entry without their consent, and that their rights should be defended from invasion or disturbance. The Indian titles were to be extinguished, however, as soon as this could be done peaceably, and without inordinate expense.

In 1827, these Georgia Cherokees, who were highly civilized, adopted a constitution, set up a government of their own modeled upon that of the United States, and declared themselves a sovereign independent nation. Immediately thereafter the Legislature of Georgia passed resolutions declaring that the Cherokee lands belonged to the State "absolutely"--that the Indians were only "tenants at her will"; that Georgia had the right to, and would, extend her laws throughout her "conventional limits," and "coerce obedience to them from all descriptions of people, be they white, red, or black."

Deliberately, but without delay, the State enacted laws taking over the Cherokee lands, dividing them into counties, and annulling "all laws, usages and customs" of the Indians. The Cherokees appealed to President Jackson, who rebuffed them and upheld Georgia. Gold was discovered in the Indian country, and white adventurers swarmed to the mines. Georgia passed acts forbidding the Indians to hold courts, or to make laws or regulations for the tribe. White persons found in the Cherokee country without a license from the Governor were, upon conviction, to be imprisoned at hard labor for four years. A State guard was established to "protect" the mines and arrest any one "detected in a violation of the laws of this State." Still other acts equally oppressive were passed.

On the advice of William Wirt, then Attorney-General of the United States, and of John Sergeant of Philadelphia, the Indians applied to the Supreme Court for an injunction to stop Georgia from executing these tyrannical statutes. The whole country was swept by a tempest of popular excitement. South and North took opposite sides. The doctrine of State Rights, in whose name internal improvements, the Tariff, the Bank, and other Nationalist measures had been opposed, was invoked in behalf of Georgia.

The Administration tried to induce the Cherokees to exchange their farms, mills, and stores in Georgia for untamed lands in the Indian Territory. The Indians sent a commission to investigate that far-off region, which reported that it was unfit for agriculture and that, once there, the Cherokees would have to fight savage tribes. Again they appealed to the President; again Jackson told them that Georgia had absolute authority over them. Angry debates arose in Congress over a bill to send the reluctant natives to the wilds of the then remote West.

Such was the origin of the case of The Cherokee Nation vs. The State of Georgia. At Wirt's request, Judge Dabney Carr laid the whole matter before Marshall, Wirt having determined to proceed with it or to drop it as the Chief Justice should advise. Marshall, of course, declined to express any opinion on the legal questions involved: "I have followed the debate in both houses of Congress, with profound attention and with deep interest, and have wished, most sincerely, that both the executive and legislative departments had thought differently on the subject. Humanity must bewail the course which is pursued, whatever may be the decision of policy."

Before the case could be heard by the Supreme Court, Georgia availed herself of an opportunity to show her contempt for the National Judiciary and to assert her "sovereign rights." A Cherokee named George Tassels was convicted of murder in the Superior Court of Hall County, Georgia, and lay in jail until the sentence of death should be executed. A writ of error from the Supreme Court was obtained, and Georgia was ordered to appear before that tribunal and defend the judgment of the State Court.

The order was signed by Marshall. Georgia's reply was as insulting and belligerent as it was prompt and spirited. The Legislature resolved that "the interference by the chief justice of the supreme court of the U. States, in the administration of the criminal laws of this state, ... is a flagrant violation of her rights"; that the Governor "and every other officer of this state" be directed to "disregard any and every mandate and process ... purporting to proceed from the chief justice or any associate justice of the supreme court of the United States"; that the Governor be "authorised and required, with all the force and means ... at his command ... to resist and repel any and every invasion from whatever quarter, upon the administration of the criminal laws of this state"; that Georgia refuses to become a party to "the case sought to be made before the supreme court"; and that the Governor, "by express," direct the sheriff of Hall County to execute the law in the case of George Tassels.

Five days later, Tassels was hanged, and the Supreme Court of the United States, powerless to vindicate its authority, defied and insulted by a "sovereign" State, abandoned by the Administration, was humiliated and helpless.

When he went home on the evening of January 4, 1831, John Quincy Adams, now a member of Congress, wrote in his diary that "the resolutions of the legislature of Georgia setting at defiance the Supreme Court of the United States are published and approved in the Telegraph, the Administration newspaper at this place.... The Constitution, the laws and treaties of the United States are prostrate in the State of Georgia. Is there any remedy for this state of things? None. Because the Executive of the United States is in League with the State of Georgia.... This example ... will be imitated by other States, and with regard to other national interests--perhaps the tariff.... The Union is in the most imminent danger of dissolution.... The ship is about to founder."

Meanwhile the Cherokee Nation brought its suit in the Supreme Court to enjoin the State from executing its laws, and at the February term of 1831 it was argued for the Indians by Wirt and Sergeant. Georgia disdained to appear--not for a moment would that proud State admit that the Supreme Court of the Nation could exercise any authority whatever over her.

On March 18, 1831, Marshall delivered the opinion of the majority of the court, and in it he laid down the broad policy which the Government has unwaveringly pursued ever since. At the outset the Chief Justice plainly stated that his sympathies were with the Indians, but that the court could not examine the merits or go into the moralities of the controversy, because it had no jurisdiction. The Cherokees sued as a foreign nation, but, while they did indeed constitute a separate state, they were not a foreign nation. The relation of the Indians to the United States is "unlike that of any other two people in existence." The territory comprises a "part of the United States."

In our foreign affairs and commercial regulations, the Indians are subject to the control of the National Government. "They acknowledge themselves in their treaties to be under the protection of the United States." They are not, then, foreign nations, but rather "domestic dependent nations.... They are in a state of pupilage." Foreign governments consider them so completely under our "sovereignty and dominion" that it is universally conceded that the acquisition of their lands or the making of treaties with them would be "an invasion of our territory, and an act of hostility." By the Constitution power is given Congress to regulate commerce among the States, with foreign nations, and with Indian tribes, these terms being "entirely distinct."

The Cherokees not being a foreign nation, the Supreme Court has no jurisdiction in a suit brought by them in that capacity, said Marshall. Furthermore, the court was asked "to control the Legislature of Georgia, and to restrain the exertion of its physical force"--a very questionable "interposition," which "savors too much of the exercise of political power to be within the proper province of the judicial department." In "a proper case with proper parties," the court might, perhaps, decide "the mere question of right" to the Indian lands. But the suit of the Cherokee Nation against Georgia is not such a case.

Marshall closes with a reflection upon Jackson in terms much like those with which, many years earlier, he had so often rebuked Jefferson: "If it be true that the Cherokee Nation have rights, this is not the tribunal in which those rights are to be asserted. If it be true that wrongs have been inflicted, and that still greater are to be apprehended, this is not the tribunal which can redress the past or prevent the future."

In this opinion the moral force of Marshall was displayed almost as much as in the case of the Schooner Exchange. He was friendly to the whole Indian race; he particularly detested Georgia's treatment of the Cherokees; he utterly rejected the State Rights theory on which the State had acted; and he could easily have decided in favor of the wronged and harried Indians, as the dissent of Thompson and Story proves. But the statesman and jurist again rose above the man of sentiment, law above emotion, the enduring above the transient.

As a "foreign state" the Indians had lost, but the constitutionality of Georgia's Cherokee statutes had not been affirmed. Wirt and Sergeant had erred as to the method of attacking that legislation. Another proceeding by Georgia, however, soon brought the validity of her expansion laws before the Supreme Court. Among the missionaries who for years had labored in the Cherokee Nation was one Samuel A. Worcester, a citizen of Vermont. This brave minister, licensed by the National Government, employed by the American Board of Commissioners for Foreign Missions, appointed by President John Quincy Adams to be postmaster at New Echota, a Cherokee town, refused, in company with several other missionaries, to leave the Indian country.

Worcester and a Reverend Mr. Thompson were arrested by the Georgia guard. The Superior Court of Gwinnett County released them, however, on a writ of habeas corpus, because, both being licensed missionaries expending National funds appropriated for civilizing Indians, they must be considered as agents of the National Government. Moreover, Worcester was postmaster at New Echota. Georgia demanded his removal and inquired of Jackson whether the missionaries were Government agents. The President assured the State that they were not, and removed Worcester from office.

Thereupon both Worcester and Thompson were promptly ordered to leave the State. But they and some other missionaries remained, and were arrested; dragged to prison--some of them with chains around their necks; tried and convicted. Nine were pardoned upon their promise to depart forthwith from Georgia. But Worcester and one Elizur Butler sternly rejected the offer of clemency on such a condition and were put to hard labor in the penitentiary.

From the judgment of the Georgia court, Worcester and Butler appealed to the Supreme Court of the United States. Once more Marshall and Georgia confronted each other; again the Chief Justice faced a hostile President far more direct and forcible than Jefferson, but totally lacking in the subtlety and skill of that incomparable politician. Thrilling and highly colored accounts of the treatment of the missionaries had been published in every Northern newspaper; religious journals made conspicuous display of soul-stirring narratives of the whole subject; feeling in the North ran high; resentment in the South rose to an equal degree.

This time Georgia did more than ignore the Supreme Court as in the case of George Tassels and in the suit of the Cherokee Nation; she formally refused to appear; formally denied the right of that tribunal to pass upon the decisions of her courts. Never would Georgia so "compromit her dignity as a sovereign State," never so "yield her rights as a member of the Confederacy." The new Governor, Wilson Lumpkin, avowed that he would defend those rights by every means in his power. When the case of Worcester vs. Georgia came on for hearing before the Supreme Court, no one answered for the State. Wirt, Sergeant, and Elisha W. Chester appeared for the missionaries as they had for the Indians. Wirt and Sergeant made extended and powerful arguments.

Marshall's opinion, delivered March 3, 1832, is one of the noblest he ever wrote. "The legislative power of a State, the controlling power of the Constitution and laws of the United States, the rights, if they have any, the political existence of a once numerous and powerful people, the personal liberty of a citizen, are all involved," begins the aged Chief Justice. Does the act of the Legislature of Georgia, under which Worcester was convicted, violate the Constitution, laws, and treaties of the United States? That act is "an assertion of jurisdiction over the Cherokee Nation."

He then goes into a long historical review of the relative titles of the natives and of the white discoverers of America; of the effect upon these titles of the numerous treaties with the Indians; of the acts of Congress relating to the red men and their lands; and of previous laws of Georgia on these subjects. This part of his opinion is the most extended and exhaustive historical analysis Marshall ever made in any judicial utterance, except that on the law of treason during the trial of Aaron Burr.

Then comes his condensed, unanswerable, brilliant conclusion: "A weaker power does not surrender its independence, its rights to self-government, by associating with a stronger, and taking its protection. A weak state, in order to provide for its safety, may place itself under the protection of one more powerful, without stripping itself of the right of self-government, and ceasing to be a state.... The Cherokee Nation ... is a distinct community, occupying its own territory ... in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of Congress. The whole intercourse between the United States and this nation is by our Constitution and laws vested in the government of the United States."

The Cherokee Acts of the Georgia Legislature "are repugnant to the constitution, laws and treaties of the United States. They interfere forcibly with the relations established between the United States and the Cherokee Nation." This controlling fact the laws of Georgia ignore. They violently disrupt the relations between the Indians and the United States; they are equally antagonistic to acts of Congress based upon these treaties. Moreover, "the forcible seizure and abduction" of Worcester, "who was residing in the nation with its permission and by authority of the President of the United States, is also a violation of the acts which authorize the chief magistrate to exercise this authority."

Marshall closes with a passage of eloquence almost equal to, and of higher moral grandeur than, the finest passages in M'Culloch vs. Maryland and in Cohens vs. Virginia. So the decision of the court was that the judgment of the Georgia court be "reversed and annulled."

Congress was intensely excited by Marshall's opinion; Georgia was enraged; the President agitated and belligerent. In a letter to Ticknor, written five days after the judgment of the court was announced, Story accurately portrays the situation: "The decision produced a very strong sensation in both houses; Georgia is full of anger and violence.... Probably she will resist the execution of our judgement, & if she does I do not believe the President will interfere.... The Court has done its duty. Let the nation do theirs. If we have a government let its commands be obeyed; if we have not it is as well to know it at once, & to look to consequences."

Story's forecast was justified. Georgia scoffed at Marshall's opinion, flouted the mandate of the Supreme Court. "Usurpation!" cried Governor Lumpkin. He would meet it "with the spirit of determined resistance." Jackson defied the Chief Justice. "John Marshall has made his decision:--now let him enforce it!" the President is reported to have said. Again the Supreme Court found itself powerless; the judgment in Worcester vs. Georgia came to nothing; the mandate was never obeyed, never heeded.

For the time being, Marshall was defeated; Nationalism was prostrate; Localism erect, strong, aggressive. Soon, however, Marshall and Nationalism were to be sustained, for the moment, by the man most dreaded by the Chief Justice, most trusted by Marshall's foes. Andrew Jackson was to astound the country by the greatest and most illogical act of his strange career--the issuance of his immortal Proclamation against Nullification.

Georgia's very first assertion of her "sovereignty" in the Indian controversy had strengthened South Carolina's fast growing determination to resist the execution of the Tariff Law. On January 25, 1830, Senator Robert Young Hayne of South Carolina, in his brilliant challenge to Webster, set forth the philosophy of Nullification: "Sir, if, the measures of the Federal Government were less oppressive, we should still strive against this usurpation. The South is acting on a principle she has always held sacred--resistance to unauthorized taxation."

Webster's immortal reply, so far as his Constitutional argument is concerned, is little more than a condensation of the Nationalist opinions of John Marshall stated in popular and dramatic language. Indeed, some of Webster's sentences are practically mere repetitions of Marshall's, and his reasoning is wholly that of the Chief Justice.

"We look upon the States, not as separated, but as united under the same General Government, having interests, common, associated, intermingled. In war and peace, we are one; in commerce, one; because the authority of the General Government reaches to war and peace, and to the regulation of commerce."

What is the capital question in dispute? It is this: "Whose prerogative is it to decide on the constitutionality or unconstitutionality of the laws?" Can States decide? Can States "annul the law of Congress"? Hayne, expressing the view of South Carolina, had declared that they could. He had based his argument upon the Kentucky and Virginia Resolutions--upon the theory that the States, and not the people, had created the Constitution; that the States, and not the people, had established the General Government.

But is this true? asked Webster. He answered by paraphrasing Marshall's words in M'Culloch vs. Maryland: "It is, sir, the people's constitution, the people's Government; made for the people; made by the people; and answerable to the people. The people ... have declared that this Constitution shall be the supreme law.... Who is to judge between the people and the Government?"

The Constitution settles that question by declaring that "the judicial power shall extend to all cases arising under the Constitution and laws." Because of this the Union is secure and strong. "Instead of one tribunal, established by all, responsible to all, with power to decide for all, shall constitutional questions be left to four and twenty popular bodies, each at liberty to decide for itself, and none bound to respect the decisions of others?"

Then Webster swept grandly forward to that famous peroration ending with the words which in time became the inspiring motto of the whole American people: "Liberty and Union, now and forever, one and inseparable!"

Immediately after the debate between Hayne and Webster, Nullification gathered force in South Carolina. Early in the autumn of 1830, Governor Stephen Decatur Miller spoke at a meeting of the Sumter district of that State. He urged that a State convention be called for the purpose of declaring null and void the Tariff of 1828. Probably the National courts would try to enforce that law, he said, but South Carolina would "refuse to sustain" it. Nullification involved no danger, and if it did, what matter!--"those who fear to defend their rights, have none. Their property belongs to the banditti: they are only tenants at will of their own firesides."

Public excitement steadily increased; at largely attended meetings ominous resolutions were adopted. "The attitude which the federal government continues to assume towards the southern states, calls for decisive and unequivocal resistance." So ran a typical declaration of a gathering of citizens of Georgetown, South Carolina, in December, 1830.

In the Senate, Josiah Stoddard Johnston of Louisiana, but Connecticut-born, made a speech denouncing the doctrine of Nullification, asserting the supremacy of the National Government, and declaring that the Supreme Court was the final judge of the constitutionality of legislation. "It has fulfilled the design of its institution; ... it has given form and consistency to the constitution, and uniformity to the laws." Nullification, said Johnston, means "either disunion, or civil war; or, in the language of the times, disunion and blood."

The Louisiana Senator sent his speech to Marshall, who answered that "it certainly is not among the least extraordinary of the doctrines of the present day that such a question [Nullification] should be seriously debated."

All Nullification arguments were based on the Kentucky and Virginia Resolutions. Madison was still living, and Edward Everett asked him for his views. In a letter almost as Nationalist as Marshall's opinions, the venerable statesman replied at great length and with all the ability and clearness of his best years.

The decision by States of the constitutionality of acts of Congress would destroy the Nation, he wrote. Such decision was the province of the National Judiciary. While the Supreme Court had been criticized, perhaps justly in some cases, "still it would seem that, with but few exceptions, the course of the judiciary has been hitherto sustained by the predominant sense of the nation." It was absurd to deny the "supremacy of the judicial power of the U. S. & denounce at the same time nullifying power in a State.... A law of the land" cannot be supreme "without a supremacy in the exposition & execution of the law." Nullification was utterly destructive of the Constitution and the Union.

This letter, printed in the North American Review, made a strong impression on the North, but it only irritated the South. Marshall read it "with peculiar pleasure," he wrote Story: "M^r Madison ... is himself again. He avows the opinions of his best days, and must be pardoned for his oblique insinuations that some of the opinions of our Court are not approved. Contrast this delicate hint with the language M^r Jefferson has applied to us. He [Madison] is attacked ... by our Enquirer, who has arrayed his report of 1799 against his letter. I never thought that report could be completely defended; but M^r Madison has placed it upon its best ground, that the language is incautious, but is intended to be confined to a mere declaration of opinion, or is intended to refer to that ultimate right which all admit, to resist despotism, a right not exercised under a constitution, but in opposition to it."

At a banquet on April 15, 1830, in celebration of Jefferson's birthday, Jackson had given a warning not to be misunderstood except by Nullifiers who had been blinded and deafened by their new political religion. "The Federal Union;--it must be preserved," was the solemn and inspiring toast proposed by the President. Southern leaders gave no heed. They apparently thought that Jackson meant to endorse Nullification, which, most illogically, they always declared to be the only method of preserving the Union peaceably.

Their denunciation of the Tariff grew ever louder; their insistence on Nullification ever fiercer, ever more determined. To a committee of South Carolina Union men who invited him to their Fourth of July celebration at Charleston in 1831, Jackson sent a letter which plainly informed the Nullifiers that if they attempted to carry out their threats, the National Government would forcibly suppress them.

At last the eyes of the South were opened. At last the South understood the immediate purpose of that enigmatic and self-contradictory man who ruled America, at times, in the spirit of the Czars of Russia; at times, in the spirit of the most compromising of opportunists.

Jackson's outgiving served only to enrage the South and especially South Carolina. The Legislature of that State replied to the President's letter thus: "Is this Legislature to be schooled and rated by the President of the United States? Is it to legislate under the sword of the Commander-in-Chief?... This is a confederacy of sovereign States, and each may withdraw from the confederacy when it chooses."

Marshall saw clearly what the outcome was likely to be, but yielded slowly to the despair so soon to master him. "Things to the South wear a very serious aspect," he tells Story. "If we can trust appearances the leaders are determined to risk all the consequences of dismemberment. I cannot entirely dismiss the hope that they may be deserted by their followers--at least to such an extent as to produce a pause at the Rubicon. They undoubtedly believe that Virginia will support them. I think they are mistaken both with respect to Virginia and North Carolina. I do not think either State will embrace this mad and wicked measure. New Hampshire and Maine seem to belong to the tropics. It is time for New Hampshire to part with Webster and Mason. She has no longer any use for such men."

As the troubled weeks passed, Marshall's apprehension increased. Story, profoundly concerned, wrote the Chief Justice that he could see no light in the increasing darkness. "If the prospects of our country inspire you with gloom," answered Marshall, "how do you think a man must be affected who partakes of all your opinions and whose geographical position enables him to see a great deal that is concealed from you? I yield slowly and reluctantly to the conviction that our constitution cannot last. I had supposed that north of the Potowmack a firm and solid government competent to the security of rational liberty might be preserved. Even that now seems doubtful. The case of the south seems to me to be desperate. Our opinions are incompatible with a united government even among ourselves. The union has been prolonged thus far by miracles. I fear they cannot continue."

Congress heeded the violent protest of South Carolina--perhaps it would be more accurate to say that Congress obeyed Andrew Jackson. In 1832 it reduced tariff duties; but the protective policy was retained. The South was infuriated--if the principle were recognized, said Southern men, what could they expect at a later day when this capitalistic, manufacturing North would be still stronger and the unmoneyed and agricultural South still weaker?

South Carolina especially was frantic. The spirit of the State was accurately expressed by R. Barnwell Smith at a Fourth of July celebration: "If the fire and the sword of war are to be brought to our dwellings, ... let them come! Whilst a bush grows which may be dabbled with blood, or a pine tree stands to support a rifle, let them come!" At meetings all over the State treasonable words were spoken. Governor James Hamilton, Jr., convened the Legislature in special session and the election of a State convention was ordered.

"Let us act, next October, at the ballot box--next November, in the state house--and afterwards, should any further action be necessary, let it be where our ancestors acted, in the field of battle"; such were the toasts proposed at banquets, such the sentiments adopted at meetings.

On November 24, 1832, the State Convention, elected to consider the new Tariff Law, adopted the famous Nullification Ordinance which declared that the Tariff Acts of 1828 and 1832 were "null, void, and no law"; directed the Legislature to take measures to prevent the enforcement of those acts within South Carolina; forbade appeal to the Supreme Court of the United States from South Carolina courts in any case where the Tariff Law was involved; and required all State officers, civil and military, to take oath to "obey, execute and enforce this Ordinance, and such act or acts of the Legislature as may be passed in pursuance thereof."

The Ordinance set forth that "we, the People of South Carolina, ... Do further Declare, that we will not submit to the application of force, on the part of the Federal Government, to reduce this State to obedience; but that we will consider" any act of the National Government to enforce the Tariff Laws "as inconsistent with the longer continuance of South Carolina in the Union: and that the People of this State ... will forthwith proceed to organize a separate Government, and to do all other acts and things which sovereign and independent States may of right do."

Thereupon the Convention issued an address to the people. It was long and, from the Nullification point of view, very able; it ended in an exalted, passionate appeal: "Fellow citizens, the die is now cast. NO MORE TAXES SHALL BE PAID HERE.... Prepare for the crisis, and ... meet it as becomes men and freemen.... Fellow citizens, DO YOUR DUTY TO YOUR COUNTRY, AND LEAVE THE CONSEQUENCES TO GOD."

Excepting only at the outbreak of war could a people be more deeply stirred than were all Americans by the desperate action of South Carolina. In the North great Union meetings were held, fervid speeches made, warlike resolutions adopted. The South, at first, seemed dazed. Was war at hand? This was the question every man asked of his neighbor. A pamphlet on the situation, written by some one in a state of great emotion, had been sent to Marshall, and Judge Peters had inquired about it, giving at the same time the name of the author.

"I am not surprised," answered Marshall, "that he [the author] is excited by the doctrine of nullification. It is well calculated to produce excitement in all.... Leaving it to the courts and the custom house will be leaving it to triumphant victory, and to victory which must be attended with more pernicious consequences to our country and with more fatal consequences to its reputation than victory achieved in any other mode which rational men can devise." If Nullification must prevail, John Marshall preferred that it should win by the sword rather than through the intimidation of courts.

Jackson rightly felt that his reëlection meant that the country in general approved of his attitude toward Nullification as well as that toward the Bank. He promptly answered the defiance of South Carolina. On December 10, 1832, he issued his historic Proclamation. Written by Edward Livingston, Secretary of State, it is one of the ablest of American state papers. Moderate in expression, simple in style, solid in logic, it might have been composed by Marshall himself. It is, indeed, a restatement of Marshall's Nationalist reasoning and conclusions. Like the argument in Webster's Reply to Hayne, Jackson's Nullification Proclamation was a repetition of those views of the Constitution and of the nature of the American Government for which Marshall had been fighting since Washington was made President.

As in Webster's great speech, sentences and paragraphs are in almost the very words used by Marshall in his Constitutional opinions, so in Jackson's Proclamation the same parallelism exists. Gently, but firmly, and with tremendous force, in the style and spirit of Abraham Lincoln rather than of Andrew Jackson, the Proclamation makes clear that the National laws will be executed and resistance to them will be put down by force of arms.

The Proclamation was a triumph for Marshall. That the man whom he distrusted and of whom he so disapproved, whose election he had thought to be equivalent to a dissolution of the Union, should turn out to be the stern defender of National solidarity, was, to Marshall, another of those miracles which so often had saved the Republic. His disapproval of Jackson's rampant democracy, and whimsical yet arbitrary executive conduct, turned at once to hearty commendation.

"Since his last proclamation and message," testifies Story, "the Chief Justice and myself have become his warmest supporters, and shall continue so just as long as he maintains the principles contained in them. Who would have dreamed of such an occurrence?" Marshall realized, nevertheless, that even the bold course pursued by the President could not permanently overcome the secession convictions of the Southern people.

The Union men of South Carolina who, from the beginning of the Nullification movement, had striven earnestly to stay its progress, rallied manfully. Their efforts were futile--disunion sentiment swept the State. "With ... indignation and contempt," with "defiance and scorn," most South Carolinians greeted the Proclamation of the man who, only three years before, had been their idol. To South Carolinians Jackson was now "a tyrant," a would-be "Cæsar," a "Cromwell," a "Bonaparte."

The Legislature formally requested Hayne, now Governor, to issue a counter-proclamation, and adopted spirited resolutions declaring the right of any State "to secede peaceably from the Union." One count in South Carolina's indictment of the President was thoroughly justified--his approval of Georgia's defiance of Marshall and the Supreme Court. Jackson's action, declared the resolutions, was the more "extraordinary, that he has silently, and ... with entire approbation, witnessed our sister state of Georgia avow, act upon, and carry into effect, even to the taking of life, principles identical with those now denounced by him in South Carolina." The Legislature finally resolved that the State would "repel force by force, and, relying upon the blessing of God, will maintain its liberty at all hazards."

Swiftly Hayne published his reply to the President's Proclamation. It summed up all the arguments for the right of a State to decide the constitutionality of acts of Congress, that had been made since the Kentucky Resolutions were written by Jefferson--that "great Apostle of American liberty ... who has consecrated these principles, and left them as a legacy to the American people, recorded by his own hand." It was Jefferson, said Hayne, who had first penned the immortal truth that "NULLIFICATION" of unconstitutional acts of Congress was the "RIGHTFUL REMEDY" of the States.

In his Proclamation Jackson had referred to the National Judiciary as the ultimate arbiter of the constitutionality of National laws. How absurd such a claim by such a man, since that doctrine "has been denied by none more strongly than the President himself" in the Bank controversy and in the case of the Cherokees! "And yet when it serves the purpose of bringing odium on South Carolina, 'his native State,' the President has no hesitation in regarding the attempt of a State to release herself from the control of the Federal Judiciary, in a matter affecting her sovereign rights, as a violation of the Constitution."

In closing, Governor Hayne declares that "the time has come when it must be seen, whether the people of the several States have indeed lost the spirit of the revolution, and whether they are to become the willing instruments of an unhallowed despotism. In such a sacred cause, South Carolina will feel that she is not striking for her own, but the liberties of the Union and the RIGHTS OF MAN."

Instantly the Legislature enacted one law to prevent the collection of tariff duties in South Carolina; another authorizing the Governor to "order into service the whole military force of this State" to resist any attempt of the National Government to enforce the Tariff Acts. Even before Hayne's Proclamation was published, extensive laws had been passed for the reorganization of the militia, and the Legislature now continued to enact similar legislation. In four days fourteen such acts were passed.

The spirit and consistency of South Carolina were as admirable as her theory was erroneous and narrow. If she meant what she had said, the State could have taken no other course. If, moreover, she really intended to resist the National Government, Jackson had given cause for South Carolina's militant action. As soon as the Legislature ordered the calling of the State Convention to consider the tariff, the President directed the Collector at Charleston to use every resource at the command of the Government to collect tariff duties. The commanders of the forts at Charleston were ordered to be in readiness to repel any attack. General Scott was sent to the scene of the disturbance. Military and naval dispositions were made so as to enable the National Government to strike quickly and effectively.

Throughout South Carolina the rolling of drums and blare of bugles were heard. Everywhere was seen the blue cockade with palmetto button. Volunteers were called for, and offered themselves by thousands; in certain districts "almost the entire population" enlisted. Some regiments adopted a new flag, a banner of red with a single black star in the center.

Jackson attempted to placate the enraged and determined State. In his fourth annual Message to Congress he barely mentioned South Carolina's defiance, but, for the second time, urgently recommended a reduction of tariff duties. Protection, he said, "must be ultimately limited to those articles of domestic manufacture which are indispensable to our safety in time of war.... Beyond this object we have already seen the operation of the system productive of discontent."

Other Southern States, although firmly believing in South Carolina's principles and sympathetic with her cause, were alarmed by her bold course. Virginia essayed the rôle of mediator between her warlike sister and the "usurping" National Government. In his Message to the Legislature, Governor John Floyd stoutly defended South Carolina--"the land of Sumpter [sic] and of Marion." "Should force be resorted to by the federal government, the horror of the scenes hereafter to be witnessed cannot now be pictured.... What surety has any state for her existence as a sovereign, if a difference of opinion should be punished by the sword as treason?" The situation calls for a reference of the whole question to "the PEOPLE of the states. On you depends in a high degree the future destiny of this republic. It is for you now to say whether the brand of civil war shall be thrown into the midst of these states."

Mediative resolutions were instantly offered for the appointment of a committee "to take into consideration the relations existing between the state of South Carolina and the government of the United States," and the results to each and to Virginia flowing from the Ordinance of Nullification and Jackson's Proclamation. The committee was to report "such measures as ... it may be expedient for Virginia to adopt--the propriety of recommending a general convention to the states--and such a declaration of our views and opinions as it may be proper for her to express in the present fearful impending crisis, for the protection of the right of the states, the restoration of harmony, and the preservation of the union."

Only five members voted against the resolution.

The committee was appointed and, on December 20, 1832, reported a set of resolutions--"worlds of words," as Niles aptly called them--disapproving Jackson's Proclamation; applauding his recommendation to Congress that the tariff be reduced; regretting South Carolina's hasty action; deprecating "the intervention of arms on either side"; entreating "our brethren in S. Carolina to pause in their career"; appealing to Jackson "to withstay the arm of force"; instructing Virginia Senators and requesting Virginia Representatives in Congress to do their best to "procure an immediate reduction of the tariff"; and appointing two commissioners to visit South Carolina with a view to securing an adjustment of the dispute.

With painful anxiety and grave alarm, Marshall, then in Richmond, watched the tragic yet absurd procession of events. Much as the doings and sayings of the mediators and sympathizers with Nullification irritated him, serious as were his forebodings, the situation appealed to his sense of humor. He wrote Story an account of what was going on in Virginia. No abler or more accurate statement of the conditions and tendencies of the period exists. Marshall's letter is a document of historical importance. It reveals, too, the character of the man.

It was written in acknowledgment of the receipt of "a proof sheet" of a page of Story's "Commentaries on the Constitution of the United States," dedicating that work to Marshall. "I am ... deeply penetrated," says Marshall, "by the evidence it affords of the continuance of that partial esteem and friendship which I have cherished for so many years, and still cherish as one of the choicest treasures of my life. The only return I can make is locked up in my own bosom, or communicated in occasional conversation with my friends." He congratulates Story on having finished his "Herculean task." He is sure that Story has accomplished it with ability and "correctness," and is "certain in advance" that he will read "every sentence with entire approbation. It is a subject on which we concur exactly. Our opinions on it are, I believe, identical. Not so with Virginia or the South generally."

Marshall then relates what has happened in Richmond: "Our legislature is now in session, and the dominant party receives the message of the President to Congress with enthusiastic applause. Quite different was the effect of his proclamation. That paper astonished, confounded, and for a moment silenced them. In a short time, however, the power of speech was recovered, and was employed in bestowing on its author the only epithet which could possibly weigh in the scales against the name of 'Andrew Jackson,' and countervail its popularity.

"Imitating the Quaker who said the dog he wished to destroy was mad, they said Andrew Jackson had become a Federalist, even an ultra Federalist. To have said he was ready to break down and trample on every other department of the government would not have injured him, but to say that he was a Federalist--a convert to the opinions of Washington, was a mortal blow under which he is yet staggering.

"The party seems to be divided. Those who are still true to their President pass by his denunciation of all their former theories; and though they will not approve the sound opinions avowed in his proclamation are ready to denounce nullification and to support him in maintaining the union. This is going a great way for them--much farther than their former declarations would justify the expectation of, and much farther than mere love of union would carry them.

"You have undoubtedly seen the message of our Governor and the resolutions reported by the committee to whom it was referred--a message and resolutions which you will think skillfully framed had the object been a civil war. They undoubtedly hold out to South Carolina the expectation of support from Virginia; and that hope must be the foundation on which they have constructed their plan for a southern confederacy or league.

"A want of confidence in the present support of the people will prevent any direct avowal in favor of this scheme by those whose theories and whose secret wishes may lead to it; but the people may be so entangled by the insane dogmas which have become axioms in the political creed of Virginia, and involved so inextricably in the labyrinth into which those dogmas conduct them, as to do what their sober judgement disapproves.

"On Thursday these resolutions are to be taken up, and the debate will, I doubt not, be ardent and tempestuous enough. I pretend not to anticipate the result. Should it countenance the obvious design of South Carolina to form a southern confederacy, it may conduce to a southern league--never to a southern government. Our theories are incompatible with a government for more than a single State. We can form no union which shall be closer than an alliance between sovereigns.

"In this event there is some reason to apprehend internal convulsion. The northern and western section of our State, should a union be maintained north of the Potowmack, will not readily connect itself with the South. At least such is the present belief of their most intelligent men. Any effort on their part to separate from Southern Virginia and unite with a northern confederacy may probably be punished as treason. 'We have fallen on evil times.'"

Story had sent Marshall, Webster's speech at Faneuil Hall, December 17, 1832, in which he declared that he approved the "general principles" of Jackson's Proclamation, and that "nullification ... is but another name for civil war." "I am," said Webster, "for the Union as it is; ... for the Constitution as it is." He pledged his support to the President in "maintaining this Union."

Marshall was delighted: "I thank you for M^r Webster's speech. Entertaining the opinion he has expressed respecting the general course of the administration, his patriotism is entitled to the more credit for the determination he expressed at Faneuil Hall to support it in the great effort it promises to make for the preservation of the union. No member of the then opposition avowed a similar determination during the Western Insurrection, which would have been equally fatal had it not been quelled by the well timed vigor of General Washington.

"We are now gathering the bitter fruits of the tree even before that time planted by M^r Jefferson, and so industriously and perseveringly cultivated by Virginia."

Marshall's predictions of a tempestuous debate over the Virginia resolutions were fulfilled. They were, in fact, "debated to death," records Niles. "It would seem that the genuine spirit of 'ancient dominionism' would lead to a making of speeches, even in 'the cave of the Cyclops when forging thunderbolts,' instead of striking the hammers from the hands of the workers of iniquity. Well--the matter was debated, and debated and debated.... The proceedings ... were measured by the square yard." At last, however, resolutions were adopted.

These resolutions "respectfully requested and entreated" South Carolina to rescind her Ordinance of Nullification; "respectfully requested and entreated" Congress to "modify" the tariff; reaffirmed Virginia's faith in the principles of 1798-99, but held that these principles did not justify South Carolina's Ordinance or Jackson's Proclamation; and finally, authorized the appointment of one commissioner to South Carolina to communicate Virginia's resolutions, expressing at the same time, however, "our sincere good will to our sister state, and our anxious solicitude that the kind and respectful recommendations we have addressed to her, may lead to an accommodation of all the difficulties between that state and the general government." Benjamin Watkins Leigh was unanimously elected to be the ambassador of accommodation.

So it came about that South Carolina, anxious to extricate herself from a perilous situation, yet ready to fight if she could not disentangle herself with honor, took informal steps toward a peaceful adjustment of the dispute; and that Jackson and Congress, equally wishing to avoid armed conflict, were eager to have a tariff enacted that would work a "reconciliation." On January 26, 1833, at a meeting in Charleston, attended by the first men of the State of all parties, resolutions, offered by Hamilton himself, were adopted which, as a practical matter, suspended the Ordinance of Nullification that was to have gone into effect on February 1. Vehement, spirited, defiant speeches were made, all ending, however, in expressions of hope that war might be avoided. The resolutions were as ferocious as the most bloodthirsty Secessionist could desire; but they accepted the proposed "beneficial modification of the tariff," and declared that, "pending the process" of reducing the tariff, "all ... collision between the federal and state authorities should be sedulously avoided on both sides."

The Tariff Bill of 1833--Clay's compromise--resulted. Jackson signed it; South Carolina was mollified. For the time the storm subsided; but the net result was that Nullification triumphed--a National law had been modified at the threat of a State which was preparing to back up that threat by force.

Marshall was not deceived. "Have you ever seen anything to equal the exhibition in Charleston and in the far South generally?" he writes Story. "Those people pursue a southern league steadily or they are insane. They have caught at Clay's bill, if their conduct is at all intelligible, not as a real accommodation, a real adjustment, a real relief from actual or supposed oppression, but as an apology for avoiding the crisis and deferring the decisive moment till the other States of the South will unite with them." Marshall himself was for the compromise Tariff of 1833, but not because it afforded a means of preventing armed collision: "Since I have breathed the air of James River I think favorably of Clay's bill. I hope, if it can be maintained, that our manufactures will still be protected by it."

The "settlement" of the controversy, of course, satisfied nobody, changed no conviction, allayed no hostility, stabilized no condition. The South, though victorious, was nevertheless morose, indignant--after all, the principle of protection had been retained. "The political world, at least our part of it, is surely moved topsy turvy," Marshall writes Story in the autumn of 1833. "What is to become of us and of our constitution? Can the wise men of the East answer that question? Those of the South perceive no difficulty. Allow a full range to state rights and state sovereignty, and, in their opinion, all will go well."

Placid as was his nature, perfect as was the co-ordination of his powers, truly balanced as were his intellect and emotions, Marshall could not free his mind of the despondency that had now settled upon him. Whatever the subject upon which he wrote to friends, he was sure to refer to the woeful state of the country, and the black future it portended.

Story informed him that an abridged edition of his own two volumes on the Constitution would soon be published. "I rejoice to hear that the abridgement of your Commentaries is coming before the public," wrote Marshall in reply, "and should be still more rejoiced to learn that it was used in all our colleges and universities. The first impressions made on the youthful mind are of vast importance; and, most unfortunately, they are in the South all erroneous. Our young men, generally speaking, grow up in the firm belief that liberty depends on construing our Constitution into a league instead of a government; that it has nothing to fear from breaking these United States into numerous petty republics. Nothing in their view is to be feared but that bugbear, consolidation; and every exercise of legitimate power is construed into a breach of the Constitution. Your book, if read, will tend to remove these prejudices."

A month later he again writes Story: "I have finished reading your great work, and wish it could be read by every statesman, and every would-be statesman in the United States. It is a comprehensive and an accurate commentary on our Constitution, formed in the spirit of the original text. In the South, we are so far gone in political metaphysics, that I fear no demonstration can restore us to common sense. The word 'State Rights,' as expounded by the resolutions of '98 and the report of '99, construed by our legislature, has a charm against which all reasoning is vain.

"Those resolutions and that report constitute the creed of every politician, who hopes to rise in Virginia; and to question them, or even to adopt the construction given by their author [Jefferson] is deemed political sacrilege. The solemn ... admonitions of your concluding remarks will not, I fear, avail as they ought to avail against this popular frenzy."

He once more confides to his beloved Story his innermost thoughts and feelings. Story had sent the Chief Justice a copy of the New England Magazine containing an article by Story entitled "Statesmen: their Rareness and Importance," in which Marshall was held up as the true statesman and the poor quality of the generality of American public men was set forth in scathing terms.

Marshall briefly thanks Story for the compliment paid him, and continues: "It is in vain to lament, that the portrait which the author has drawn of our political and party men, is, in general, true. Lament it as we may, much as it may wound our vanity or our pride, it is still, in the main, true; and will, I fear, so remain.... In the South, political prejudice is too strong to yield to any degree of merit; and the great body of the nation contains, at least appears to me to contain, too much of the same ingredient.

"To men who think as you and I do, the present is gloomy enough; and the future presents no cheering prospect. The struggle now maintained in every State in the Union seems to me to be of doubtful issue; but should it terminate contrary to the wishes of those who support the enormous pretensions of the Executive, should victory crown the exertions of the champions of constitutional law, what serious and lasting advantage is to be expected from this result?

"In the South (things may be less gloomy with you) those who support the Executive do not support the Government. They sustain the personal power of the President, but labor incessantly to impair the legitimate powers of the Government. Those who oppose the violent and rash measures of the Executive (many of them nullifiers, many of them seceders) are generally the bitter enemies of a constitutional government. Many of them are the avowed advocates of a league; and those who do not go the whole length, go great part of the way. What can we hope for in such circumstances? As far as I can judge, the Government is weakened, whatever party may prevail. Such is the impression I receive from the language of those around me."

During the last years of Marshall's life, the country's esteem for him, slowly forming through more than a generation, manifested itself by expressions of reverence and affection. When he and Story attended the theater, the audience cheered him. His sentiment still youthful and tender, he wept over Fanny Kemble's affecting portrayal of Mrs. Haller in "The Stranger." To the very last Marshall performed his judicial duties thoroughly, albeit with a heavy heart. He "looked more vigorous than usual," and "seemed to revive and enjoy anew his green old age," testifies Story.

It is at this period of his career that we get Marshall's account of the course he pursued toward his malignant personal and political enemy, Thomas Jefferson. Six years after Jefferson's death, Major Henry Lee, who hated that great reformer even more than Jefferson hated Marshall, wrote the Chief Justice for certain facts, and also for his opinion of the former President. In his reply Marshall said:

"I have never allowed myself to be irritated by M^r Jeffersons unprovoked and unjustifiable aspersions on my conduct and principles, nor have I ever noticed them except on one occasion when I thought myself called on to do so, and when I thought that declining to enter upon my justification might have the appearance of crouching under the lash, and admitting the justice of its infliction."

Intensely as he hated Jefferson, attributing to him, as Marshall did, most of the country's woes, the Chief Justice never spoke a personally offensive word concerning his radical cousin. On the other hand, he never uttered a syllable of praise or appreciation of Jefferson. Even when his great antagonist died, no expression of sorrow or esteem or regret or admiration came from the Chief Justice. Marshall could not be either hypocritical or vindictive; but he could be silent.

Holding to the old-time Federalist opinion that Jefferson's principles were antagonistic to orderly government; convinced that, if they prevailed, they would be destructive of the Nation; believing the man himself to be a demagogue and an unscrupulous if astute and able politician--Marshall, nevertheless, said nothing about Jefferson to anybody except to Story, Lee, and Pickering; and, even to these close friends, he gave only an occasional condemnation of Jefferson's policies.

The general feeling toward Marshall, especially that of the bench and bar, during his last two years is not too strongly expressed in Story's dedication to the Chief Justice of his "Commentaries on the Constitution of the United States." Marshall had taken keen interest in the preparation of Story's masterpiece and warned him against haste. "Precipitation ought carefully to be avoided. This is a subject on which I am not without experience."

Story begins by a tribute "to one whose youth was engaged in the arduous enterprises of the Revolution; whose manhood assisted in framing and supporting the national Constitution; and whose maturer years have been devoted to the task of unfolding its powers, and illustrating its principles." As the expounder of the Constitution, "the common consent of your countrymen has admitted you to stand without a rival. Posterity will assuredly confirm, by its deliberate award, what the present age has approved, as an act of undisputed justice.

"But," continues Story, "I confess that I dwell with even more pleasure upon the entirety of a life adorned by consistent principles, and filled up in the discharge of virtuous duty; where there is nothing to regret, and nothing to conceal; no friendships broken; no confidence betrayed; no timid surrenders to popular clamor; no eager reaches for popular favor. Who does not listen with conscious pride to the truth, that the disciple, the friend, the biographer of Washington, still lives, the uncompromising advocate of his principles?"

Excepting only the time of his wife's death, the saddest hours of his life were, perhaps, those when he opened the last two sessions of the Supreme Court over which he presided. When, on January 13, 1834, the venerable Chief Justice, leading his associate justices to their places, gravely returned the accustomed bow of the bar and spectators, he also, perforce, bowed to temporary events and to the iron, if erratic, rule of Andrew Jackson. He bowed, too, to time and death. Justice Washington was dead, Johnson was fatally ill, and Duval, sinking under age and infirmity, was about to resign.

Republicans as Johnson and Duval were, they had, generally, upheld Marshall's Nationalism. Their places must soon be filled, he knew, by men of Jackson's choosing--men who would yield to the transient public pressure then so fiercely brought to bear on the Supreme Court. Only Joseph Story could be relied upon to maintain Marshall's principles. The increasing tendency of Justices Thompson, McLean, and Baldwin was known to be against his unyielding Constitutional philosophy. It was more than probable that, before another year, Jackson would have the opportunity to appoint two new Justices--and two cases were pending that involved some of Marshall's dearest Constitutional principles.

The first of these was a Kentucky case in which almost precisely the same question, in principle, arose that Marshall had decided in Craig vs. Missouri. The Kentucky Bank, owned by the State, was authorized to issue, and did issue, bills which were made receivable for taxes and other public dues. The Kentucky law furthermore directed that an endorsement and tender of these State bank notes should, with certain immaterial modifications, satisfy any judgment against a debtor. In short, the Legislature had authorized a State currency--had emitted those bills of credit, expressly forbidden by the National Constitution.

Another case, almost equally important, came from New York. To prevent the influx of impoverished foreigners, who would be a charge upon the City of New York, the Legislature had enacted that the masters of ships arriving at that port should report to the Mayor all facts concerning passengers. The ship captain must remove those whom the Mayor decided to be undesirable. It was earnestly contended that this statute violated the commerce clause of the Constitution.

Both cases were elaborately argued; both, it was said, had been settled by former decisions--the Kentucky case by Craig vs. Missouri, the New York case by Gibbons vs. Ogden and Brown vs. Maryland. The court was almost equally divided. Thompson, McLean, and Baldwin thought the Kentucky and New York laws Constitutional; Marshall, Story, Duval, and Johnson believed them invalid. But Johnson was absent because of his serious illness. No decision, therefore, was possible.

Marshall then announced a rule of the court, hitherto unknown by the public: "The practice of this court is not (except in cases of absolute necessity) to deliver any judgment in cases where constitutional questions are involved, unless four judges concur in opinion, thus making the decision that of a majority of the whole court. In the present cases four judges do not concur in opinion as to the constitutional questions which have been argued. The court therefore direct these cases to be re-argued at the next term, under the expectation that a larger number of the judges may then be present."

The next term! When, on January 12, 1835, John Marshall for the last time presided over the Supreme Court of the United States, the situation, from his point of view, was still worse. Johnson had died and Jackson had appointed James M. Wayne of Georgia in his place. Duval had resigned not long before the court convened, and his successor had not been named. Again the New York and Kentucky cases were continued, but Marshall fully realized that the decision of them must be in opposition to his firm and pronounced views.

It is doubtful whether history shows more than a few examples of an aged man, ill, disheartened, and knowing that he soon must die, who nevertheless continued his work to the very last with such scrupulous care as did Marshall. He took active part in all cases argued and decided and actually delivered the opinion of the court in eleven of the most important. None of these are of any historical interest; but in all of them Marshall was as clear and vigorous in reasoning and style as he had been in the immortal Constitutional opinions delivered at the height of his power. The last words Marshall ever uttered as Chief Justice sparkle with vitality and high ideals. In Mitchel et al. vs. The United States, a case involving land titles in Florida, he said, in ruling on a motion to continue the case: "Though the hope of deciding causes to the mutual satisfaction of parties would be chimerical, that of convincing them that the case has been fully and fairly considered ... may be sometimes indulged. Even this is not always attainable. In the excitement produced by ardent controversy, gentlemen view the same object through such different media that minds, not infrequently receive therefrom precisely opposite impressions. The Court, however, must see with its own eyes, and exercise its own judgment, guided by its own reason."

At last Marshall had grave intimations that his life could not be prolonged. Quite suddenly his health declined, although his mind was as strong and clear as ever. "Chief Justice Marshall still possesses his intellectual powers in very high vigor," writes Story during the last session of the Supreme Court over which his friend and leader presided. "But his physical strength is manifestly on the decline; and it is now obvious, that after a year or two, he will resign, from the pressing infirmities of age.... What a gloom will spread over the nation when he is gone! His place will not, nay, it cannot be supplied."

As the spring of 1835 ripened into summer, Marshall grew weaker. "I pray God," wrote Story in agonies of apprehension, "that he may long live to bless his country; but I confess that I have many fears whether he can be long with us. His complaints are, I am sure, incurable, but I suppose that they may be alleviated, unless he should meet with some accidental cold or injury to aggravate them. Of these, he is in perpetual danger, from his imprudence as well as from the natural effects of age."

In May, 1835, Kent went to Richmond in order to see Marshall, whom "he found very emaciated, feeble & dangerously low. He injured his Spine by a Post Coach fall & oversetting.... He ... made me Promise to see him at Washington next Winter."

Kent wrote Jeremiah Smith of New Hampshire that Marshall must soon die. Smith was overwhelmed with grief "because his life, at this time especially, is of incalculable value." Marshall's "views ... of our national affairs" were those of Smith also. "Perfectly just in themselves they now come to us confirmed by the dying attestation of one of the greatest and best of men."

Marshall's "incurable complaint," which so distressed Story, was a disease of the liver. Finding his health failing, he again repaired to Philadelphia for treatment by Dr. Physick. When informed that the prospects for his friend's recovery were desperate, Story was inconsolable. "Great, good and excellent man!" he wrote. "I shall never see his like again! His gentleness, his affectionateness, his glorious virtues, his unblemished life, his exalted talents, leave him without a rival or a peer."

At six o'clock in the evening of Monday, July 6, 1835, John Marshall died, in his eightieth year, in the city where American Independence was proclaimed and the American Constitution was born--the city which, a patriotic soldier, he had striven to protect and where he had received his earliest national recognition. Without pain, his mind as clear and strong as ever, he "met his fate with the fortitude of a Philosopher, and the resignation of a Christian," testifies Dr. Nathaniel Chapman, who was present. By Marshall's direction, the last thing taken from his body after he expired was the locket which his wife had hung about his neck just before she died. The morning after his death, the bar of Philadelphia met to pay tribute to Marshall, and at half-past five of the same day a town meeting was held for the same purpose.

Immediately afterward, his body was sent by boat to Richmond. The bench, bar, and hundreds of citizens of Philadelphia accompanied the funeral party to the vessel. During the voyage a transfer was made to another craft. A committee, consisting of Major-General Winfield Scott, of the United States Army, Henry Baldwin, Associate Justice of the Supreme Court, Richard Peters, formerly Judge for the District of Pennsylvania, John Sergeant, Edward D. Ingraham, and William Rawle, of the Philadelphia bar, went to Richmond.

In the late afternoon of July 9, 1835, the steamboat Kentucky, bearing Marshall's body, drew up at the Richmond wharf. Throughout the day the bells had been tolling, the stores were closed, and, as the vessel came within sight, a salute of three guns was fired. All Richmond assembled at the landing. An immense procession marched to Marshall's house, where he had requested that his body be first taken, and then to the "New Burying Ground," on Shockoe Hill. There Bishop Richard Channing Moore of the Episcopal Church read the funeral service, and John Marshall was buried by the side of his wife.

When his ancient enemy and antagonist, the Richmond Enquirer, published the news of Marshall's death, it expressed briefly its true estimate of the man. It would be impossible, said the Enquirer, to over-praise Marshall's "brilliant talents." It would be "a more grateful incense" to his memory to say "that he was as much beloved as he was respected.... There was about him so little of 'the insolence of office,' and so much of the benignity of the man, that his presence always produced ... the most delightful impressions. There was something irresistibly winning about him." Strangers could hardly be persuaded that "in the plain, unpretending ... man who told his anecdote and enjoyed the jest--they had been introduced to the Chief Justice of the United States, whose splendid powers had filled such a large space in the eye of mankind."

The Richmond Whig and Public Advertiser said that "no man has lived or died in this country, save its father George Washington alone, who united such a warmth of affection for his person, with so deep and unaffected a respect for his character, and admiration for his great abilities. No man ever bore public honors with so meek a dignity ... It is hard ... to conceive of a more perfect character than his, for who can point to a vice, scarcely to a defect--or who can name a virtue that did not shine conspicuously in his life and conduct?"

The day after the funeral the citizens of Richmond gathered at and about the Capitol, again to honor the memory of their beloved neighbor and friend. The resolutions, offered by Benjamin Watkins Leigh, declared that the people of Richmond knew "better than any other community can know" Marshall's private and public "virtues," his "wisdom," "simplicity," "self-denial," "unbounded charity," and "warm benevolence towards all men." Since nothing they can say can do justice to "such a man," the people of Richmond "most confidently trust, to History alone, to render due honors to his memory, by a faithful and immortal record of his wisdom, his virtues and his services."

All over the country similar meetings were held, similar resolutions adopted. Since the death of Washington no such universal public expressions of appreciation and sorrow had been witnessed. The press of the country bore laudatory editorials and articles. Even Hezekiah Niles, than whom no man had attacked Marshall's Nationalist opinions more savagely, lamented his death, and avowed himself unequal to the task of writing a tribute to Marshall that would be worthy of the subject. "'A great man has fallen in Israel,'" said Niles's Register. "Next to WASHINGTON, only, did he possess the reverence and homage of the heart of the American people."

One of the few hostile criticisms of Marshall's services appeared in the New York Evening Post over the name of "Atlantic." This paper had, by now, departed from the policy of its Hamiltonian founder. "Atlantic" said that Marshall's "political doctrines ... were of the ultra federal or aristocratic kind.... With Hamilton" he "distrusted the virtue and intelligence of the people, and was in favor of a strong and vigorous General Government, at the expense of the rights of the States and of the people." While he was "sincere" in his beliefs and "a good and exemplary man" who "truly loved his country ... he has been, all his life long, a stumbling block ... in the way of democratic principles.... His situation ... at the head of an important tribunal, constituted in utter defiance of the very first principles of democracy, has always been ... an occasion of lively regret. That he is at length removed from that station is a source of satisfaction."

The most intimate and impressive tributes came, of course, from Virginia. Scarcely a town in the State that did not hold meetings, hear orations, adopt resolutions. For thirty days the people of Lynchburg wore crape on the arm. Petersburg honored "the Soldier, the Orator, the Patriot, the Statesman, the Jurist, and above all, the good and virtuous man." Norfolk testified to his "transcendent ability, perfect integrity and pure patriotism." For weeks the Virginia demonstrations continued. That at Alexandria was held five weeks after his death. "The flags at the public square and on the shipping were displayed at half mast; the bells were tolled ... during the day, and minute guns fired by the Artillery"; there was a parade of military companies, societies and citizens, and an oration by Edgar Snowden.

The keenest grief of all, however, was felt by Marshall's intimates of the Quoit Club of Richmond. Benjamin Watkins Leigh proposed, and the club resolved, that, as to the vacancy caused by Marshall's death, "there should be no attempt to fill it ever; but that the number of the club should remain one less than it was before his death."

Story composed this "inscription for a cenotaph":

"To Marshall reared--the great, the good, the wise; Born for all ages, honored in all skies; His was the fame to mortals rarely given, Begun on earth, but fixed in aim on heaven. Genius, and learning, and consummate skill, Moulding each thought, obedient to the will; Affections pure, as e'er warmed human breast, And love, in blessing others, doubly blest; Virtue unspotted, uncorrupted truth, Gentle in age, and beautiful in youth;-- These were his bright possessions. These had power To charm through life and cheer his dying hour. Are these all perished? No! but snatched from time, To bloom afresh in yonder sphere sublime. Kind was the doom (the fruit was ripe) to die, Mortal is clothed with immortality."

Upon his tomb, however, were carved only the words he himself wrote for that purpose two days before he died, leaving nothing but the final date to be supplied:

JOHN MARSHALL

The son of Thomas and Mary Marshall Was born on the 24th of September, 1755; intermarried with Mary Willis Ambler the 3d of January, 1783; departed this life the 6th day of July, 1835.

FOOTNOTES:

Marshall to Story, June 26, 1831, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 344-45.

Same to same, Oct. 12, 1831, ib. 346-48.

Marshall to Story, Oct. 12, 1831, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 347. A rumor finally got about that Marshall contemplated resigning. (See Niles, XL, 90.)

The resolutions of the bar had included the same idea, and Marshall emphasized it by reiterating it in his response.

Hazard's Pennsylvania Register, as quoted in Dillon, III, 430-33. The artist referred to was either Thomas Sully, or Henry Inman, who had studied under Sully. During the following year, Inman painted the portrait and it was so excellent that it brought the artist his first general recognition. The original now hangs in the rooms of the Philadelphia Law Association. A reproduction of it appears as the frontispiece of this volume.

Randolph: A Memoir on the Life and Character of Philip Syng Physick, M.D. 97-99.

Marshall to Story, Nov. 10, 1831, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 348-49.

Story to Peters, Oct. 29, 1831, Story, II, 70.

Marshall to his wife, Oct. 6, 1831, MS.

This is the only indication in any of Marshall's letters that his wife had written him.

Mrs. Marshall had a modest fortune of her own, bequeathed to her by her uncle. She invested this quite independently of her husband. (Leigh to Biddle, Sept. 7, 1837, McGrane, 289.)

Marshall to his wife, Nov. 8, 1831, MS.

Terhune, 98. This locket is now in the possession of Marshall's granddaughter, Miss Emily Harvie of Richmond.

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

Soon after the death of his wife, Marshall made his will "entirely in ... own handwriting." A more informal document of the kind seldom has been written. It is more like a familiar letter than a legal paper; yet it is meticulously specific. "I owe nothing on my own account," he begins. (He specifies one or two small obligations as trustee for women relatives and as surety for "considerable sums" for his son-in-law, Jacquelin B. Harvie.) The will shows that he owns bank and railroad stock and immense quantities of land. He equally divides his property among his children, making special provision that the portion of his daughter Mary shall be particularly safeguarded.

One item of the will is curious: "I give to each of my grandsons named John one thousand acres, part of my tract of land called Canaan lying in Randolph county. If at the time of my death either of my sons should have no son living named John, then I give the thousand acres to any son he may have named Thomas, in token for my love for my father and veneration for his memory. If there should be no son named John or Thomas, then I give the land to the eldest son and if no sons to the daughters."

He makes five additions to his will, three of which he specifically calls "codicils." One of these is principally "to emancipate my faithful servant Robin and I direct his emancipation if he chuses to conform to the laws on that subject, requiring that he should leave the state or if permission can be obtained for his continuing to reside in it." If Robin elects to go to Liberia, Marshall gives him one hundred dollars. "If he does not go there I give him fifty dollars." In case it should be found "impracticable to liberate" Robin, "I desire that he may choose his master among my sons, or if he prefer my daughter that he may be held in trust for her and her family as is the other property bequeathed in trust for her, and that he may always be treated as a faithful and meritorious servant." (Will and Codicils of John Marshall, Records of Henrico County, Richmond, and Fauquier County, Warrenton, Virginia.)

Meade, II, footnote to 222. It would seem that Marshall showed this tribute to no one during his lifetime except, perhaps, to his children. At any rate, it was first made public in Bishop Meade's book in 1857.

Statements to the author by Miss Elizabeth Marshall of "Leeds Manor," and by Judge J. K. N. Norton of Alexandria, Va.

Statement to the author by Miss Emily Harvie. Most of Marshall's letters to Story during these years were written from Richmond.

Story to Sumner, Feb. 6, 1833, Story, II, 120.

See infra, 540-51.

See Catterall, 407, 421-22, 467; and see especially Parton: Jackson, III, 257-58.

Catterall, Appendix IX, 508.

Ib. chaps. V and VII. Biddle was appointed director of the Bank by President Monroe in 1819, and displayed such ability that, in 1823, he was elected president of the institution. Not until he received information that Jackson was hostile to the Bank did Biddle begin the morally wrong and practically unwise policy of loaning money without proper security to editors and members of Congress.

Parton: Jackson, III, 260.

Richardson, II, 462.

Ib. 528-29

See Catterall, 235. For account of the fight for the Bank Bill see ib. chap. X.

Richardson, II, 580-82.

Ib. 582-83.

Richardson, II, 584.

Jackson's veto message was used with tremendous effect in the Presidential campaign of 1832. There cannot be the least doubt that the able politicians who managed Jackson's campaign and, indeed, shaped his Administration, designed that the message should be put to this use. These politicians were William B. Lewis, Amos Kendall, Martin Van Buren, and Samuel Swartwout.

Richardson, II, 590-91.

Marshall to Story, Aug. 2, 1832, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 349-51.

Richardson, II, 638. There was a spirited contest in the House over this bill. (See Debates, 22d Cong. 1st Sess. 2438-44, 3248-57, 3286.) It reached the President at the end of the session, so that he had only to refuse to sign it, in order to kill the measure.

In fact Jackson did send a message to Congress on December 6, 1832, explaining his reasons for having let the bill die. (Richardson, II, 638-39.)

Marshall to Story, Aug. 2, 1832, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 350.

Marshall to Story, Dec. 3, 1834, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 359.

The outspoken and irritable Kent expressed the conservatives' opinion of Jackson almost as forcibly as Ames stated their views of Jefferson: "I look upon Jackson as a detestable, ignorant, reckless, vain and malignant Tyrant.... This American Elective Monarchy frightens me. The Experiment, with its foundations laid on universal Suffrage and an unfettered and licentious Press is of too violent a nature for our excitable People. We have not in our large cities, if we have in our country, moral firmness enough to bear it. It racks the machine too much." (Kent to Story, April 11, 1834, Story MSS. Mass. Hist. Soc.) In this letter Kent perfectly states Marshall's convictions, which were shared by nearly every judge and lawyer in America who was not "in politics."

See supra, 420.

Annals, 18th Cong. 1st Sess. 2097.

Annals, 18th Cong. 1st Sess. 2163.

Ib. 2208.

Debates, 20th Cong. 1st Sess. 746.

Ib. 2431.

Ib. 2434.

Ib. 2435.

Debates, 20th Cong. 1st Sess. 2437.

This was the plan of George McDuffie. Calhoun approved it. (Houston: A Critical Study of Nullification in South Carolina, 70-71.)

Ib.

Ib. 75.

Calhoun's "Exposition" was reported by a special committee of the South Carolina House of Representatives on December 19, 1828. It was not adopted, however, but was printed, and is included in Statutes at Large of South Carolina, edited by Thomas Cooper, I, 247-73.

Jefferson to Giles, Dec. 26, 1825, Works: Ford, XII, 425-26.

Niles, XXV, 48.

See Phillips: Georgia and State Rights, in Annual Report, Am. Hist. Ass'n (1901), II, 71.

Resolution of Dec. 27, 1827, Laws of Georgia, 1827, 249; and see Phillips, 72.

Act of Dec. 20, Laws of Georgia, 1828, 88-89.

Parton: Jackson, III, 272.

Phillips, 72.

Act of Dec. 22, Laws of Georgia, 1830, 114-17.

Act of Dec. 23, ib. 118; Dec. 21, ib. 127-43; Dec. 22, ib. 145-46

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

See Debates, 21st Cong. 1st Sess. 309-57, 359-67, 374-77, 994-1133. For the text of this bill as it passed the House see ib. 1135-36. It became a law May 28, 1830. (U.S. Statutes at Large, IV, 411.) For an excellent account of the execution of this measure see Abel: The History of the Events Resulting in Indian Consolidation West of the Mississippi River, Annual Report, Am. Hist. Ass'n, 1906, I, 381-407. This essay, by Dr. Anne Héloise Abel, is an exhaustive and accurate treatment of the origin, development, and execution of the policy pursued by the National and State Governments toward the Indians. Dr. Abel attaches a complete bibliography and index to her brochure.

5 Peters, 1.

Marshall to Carr, 1830, Kennedy, II, 296-97.

As a young man Marshall had thought so highly of Indians that he supported Patrick Henry's plan for white amalgamation with them. (See vol. I, 241, of this work.) Yet he did not think our general policy toward the Indians had been unwise. They were, he wrote Story, "a fierce and dangerous enemy whose love of war made them sometimes the aggressors, whose numbers and habits made them formidable, and whose cruel system of warfare seemed to justify every endeavour to remove them to a distance from civilized settlements. It was not until after the adoption of our present government that respect for our own safety permitted us to give full indulgence to those principles of humanity and justice which ought always to govern our conduct towards the aborigines when this course can be pursued without exposing ourselves to the most afflicting calamities. That time, however, is unquestionably arrived, and every oppression now exercised on a helpless people depending on our magnanimity and justice for the preservation of their existence impresses a deep stain on the American character. I often think with indignation on our disreputable conduct (as I think) in the affair of the Creeks of Georgia." (Marshall to Story, Oct. 29, 1829, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 337-38.)

Niles, XXXIX, 338.

Ib. 353.

Memoirs, J. Q. A.: Adams, VIII, 262-63.

The argument for the Cherokee Nation was made March 12 and 14, 1831.

5 Peters, 15.

5 Peters, 16-17.

Ib. 17-18.

5 Peters, 20. Justice Smith Thompson dissented in an opinion of immense power in which Story concurred. These two Justices maintained that in legal controversies, such as that between the Cherokees and Georgia, the Indian tribe must be treated as a foreign nation. (Ib. 50-80.)

Thompson's opinion was as Nationalist as any ever delivered by Marshall. It well expressed the general opinion of the North, which was vigorously condemnatory of Georgia as the ruthless despoiler of the rights of the Indians and the robber of their lands.

See supra, 121-25.

Phillips, 79.

See McMaster, VI, 47-50.

Phillips, 81.

Ib. 80-81.

6 Peters, 534-35.

Story to his wife, Feb. 26, 1832, Story, II, 84.

6 Peters, 536.

Ib. 537-42.

Ib. 542.

Ib. 542-61

See vol. III, 504-13, of this work.

6 Peters, 561-63.

Story to Ticknor, March 8, 1832, Story, II, 83.

Lumpkin's Message to the Legislature, Nov. 6, 1832, as quoted in Phillips, 82.

Greeley: The American Conflict, I, 106; and see Phillips, 80.

When the Georgia Legislature first met after the decision of the Worcester case, acts were passed to strengthen the lottery and distribution of Cherokee lands (Acts of Nov. 14, 22, and Dec. 24, 1832, Laws of Georgia, 1832, 122-25, 126, 127) and to organize further the Cherokee territory under the guise of protecting the Indians. (Act of Dec. 24, 1832, ib. 102-05.) Having demonstrated the power of the State and the impotence of the highest court of the Nation, the Governor of Georgia, one year after Marshall delivered his opinion, pardoned Worcester and Butler, but not without protests from the people.

Two years later, Georgia's victory was sealed by a final successful defiance of the Supreme Court. One James Graves was convicted of murder; a writ of error was procured from the Supreme Court; and a citation issued to Georgia as in the case of George Tassels. The high spirit of the State, lifted still higher by three successive triumphs over the Supreme Court, received the order with mingled anger and derision. Governor Lumpkin threatened secession: "Such attempts, if persevered in, will eventuate in the dismemberment and overthrow of our great confederacy," he told the Legislature. (Governor Lumpkin's Special Message to the Georgia Legislature, Nov. 7, 1834, as quoted in Phillips, 84.)

The Indians finally were forced to remove to the Indian Territory. (See Phillips, 83.) Worcester went to his Vermont home.

Debates, 21st Cong. 1st Sess. 58. The debate between Webster and Hayne occurred on a resolution offered by Senator Samuel Augustus Foot of Connecticut, "that the Committee on Public Lands be instructed to inquire into the expediency of limiting for a certain period the sales of public lands," etc. (Ib. 11.) The discussion of this resolution, which lasted more than three months (see ib. 11-302), quickly turned to the one great subject of the times, the power of the National Government and the rights of the States. It was on this question that the debate between Webster and Hayne took place.

Ib. 64. Compare with Marshall's language in Cohens vs. Virginia, supra, 355.

Debates, 21st Cong. 1st Sess. 73.

See Marshall's statement of this principle, supra, 293, 355.

Debates, 21st Cong. 1st Sess. 74.

This was the Constitutional theory of the Nationalists. As a matter of fact, it was not, perhaps, strictly true. There can be little doubt that a majority of the people did not favor the Constitution when adopted by the Convention and ratified by the States. Had manhood suffrage existed at that time, and had the Constitution been submitted directly to the people, it is highly probable that it would have been rejected. (See vol. I, chaps, IX-XII, of this work.)

Debates, 21st Cong. 1st Sess. 76. See chap, III, vol. III, of this work.

Debates, 21st Cong. 1st Sess. 78.

Ib. See Marshall's opinion in Cohens vs. Virginia, supra, 347-57.

Debates, 21st Cong. 1st Sess. 80.

Niles, XXXIX, 118.

Ib. 330.

Debates, 21st Cong. 1st Sess. 287.

Ib. 285.

Marshall to Johnston, May 22, 1830, MSS. "Society Collection," Pa. Hist. Soc.

Madison to Everett, Aug. 28, 1830, Writings: Hunt, IX, 383-403.

North American Review (1830), XXXI, 537-46.

Marshall to Story, Oct. 15, 1830, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 342-43.

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

State Doc. Fed. Rel.: Ames, 167-68.

Marshall to Story, Aug. 2, 1832, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 350.

Same to same, Sept. 22, 1832, ib. 351-52.

Niles, XLII, 387.

Ib. 388.

Under Act of Oct. 26, 1832, Statutes at Large of South Carolina: Cooper, I, 309-10.

Statutes at Large of South Carolina: Cooper, I, 329-31.

Ib. 434-45.

Ib. 444-45; also Niles, XLIII, 219-20.

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

See supra, footnote to 115.

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

Story to his wife, Jan. 27, 1838, Story, II, 119.

Niles, XLIII, 266-67.

Ib. 287.

Ib.

Statutes at Large of South Carolina: Cooper, I, 355.

Ib. 356-57.

Statutes at Large of South Carolina: Cooper, I, 362.

Ib. 360.

Ib. 370.

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

Statutes at Large of South Carolina: Cooper, I, 271-74.

Ib. VIII, 562-64.

Ib. 562-98.

Parton: Jackson, III, 460-61, 472; Bassett: Life of Andrew Jackson, 564; MacDonald: Jacksonian Democracy, 156.

Parton: Jackson, III, 459.

Niles, XLIII, 312.

Ib. 332.

Parton: Jackson, III, 472.

Richardson, II, 598-99.

Niles, XLIII, 275.

Ib.

Ib. 276.

Niles, XLIII, 394-96. The resolutions, as adopted, provided for only one commissioner. (See infra, 573.)

Writings and Speeches of Daniel Webster (Nat. ed.) XIII, 40-42.

Marshall to Story, Dec. 25, 1832, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 352-54.

Niles, XLIII, 396-97; also Statutes at Large of South Carolina: Cooper, I, 381-83.

Niles, XLIII, 397. For the details of Leigh's mission see ib. 377-93; also Statutes at Large of South Carolina: Cooper, I, 384-94.

Niles, XLIII, 380-82.

See Parton: Jackson, III, 475-82.

Marshall to Story, April 24, 1833, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 356-57.

Ib.

Same to same, Nov. 16, 1833, ib. 358.

Marshall to Story, June 3, 1833, Proceedings, Mass. Hist. Soc. 2d Series, XIV, 358.

Story ends his Commentaries on the Constitution of the United States by a fervent, passionate, and eloquent appeal for the preservation, at all hazards, of the Constitution and the Union.

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

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

Story to his wife, Jan. 20, 1833, ib. 116.

Ib. 117.

Story to his wife, Jan. 20, 1833, Story, II, 116.

July 4, 1826.

Jefferson's attacks on Marshall in the X. Y. Z. affair. (See vol. II, 359-63, 368-69, of this work.)

Marshall to Major Henry Lee, Jan. 20, 1832, MSS. Lib. Cong. In no collection, but, with a few unimportant letters, in a portfolio marked "M," sometimes referred to as "Marshall Papers."

Green Bag, VIII, 463.

Marshall to Story, July 3, 1829, Proceedings, Mass. Hist Soc. 2d Series, XIV, 340.

Story to Marshall, January, 1833, Story, II, 132-33. This letter appears in Story's Commentaries on the Constitution, immediately after the title-page of volume I.

Story's perfervid eulogium did not overstate the feeling--the instinct--of the public. Nathan Sargent, that trustworthy writer of reminiscences, testifies that, toward the end of Marshall's life, his name had "become a household word with the American people implying greatness, purity, honesty, and all the Christian virtues." (Sargent, I, 299.)

Briscoe vs. The Commonwealth's Bank of the State of Kentucky, 8 Peters, 118 et seq.

See supra, 509-13.

Act of Dec. 25, Laws of Kentucky, 1820, 183-88.

The Mayor, Aldermen and Commonalty of the City of New York vs. Miln, 8 Peters, 121 et seq.

11 Peters, 104. This was the first law against unrestricted immigration.

8 Peters, 122.

These cases were not decided until 1837, when Roger Brooke Taney of Maryland took his seat on the bench as Marshall's successor. Philip Pendleton Barbour of Virginia succeeded Duval. Of the seven Justices, only one disciple of Marshall remained, Joseph Story.

In the New York case the court held that the State law was a local police regulation. (11 Peters, 130-43; 144-53.) Story dissented in a signally able opinion of almost passionate fervor.

"I have the consolation to know," he concludes, "that I had the entire concurrence ... of that great constitutional jurist, the late Mr. Chief Justice Marshall. Having heard the former arguments, his deliberate opinion was that the act of New York was unconstitutional, and that the present case fell directly within the principles established in the case of Gibbons v. Ogden." (Ib. 153-61.)

In the Kentucky Bank case, decided immediately after the New York immigrant case, Marshall's opinion in Craig vs. Missouri was completely repudiated, although Justice McLean, who delivered the opinion of the court (ib. 311-28), strove to show that the judgment was within Marshall's reasoning.

Story, of course, dissented, and never did that extraordinary man write with greater power and brilliancy. When the case was first argued in 1834, he said, a majority of the court "were decidedly of the opinion" that the Kentucky Bank Law was unconstitutional. "In principle it was thought to be decided by the case of Craig v. The State of Missouri." Among that majority was Marshall--"a name never to be pronounced without reverence." (Ib. 328.)

In closing his great argument, Story says that the frankness and fervor of his language are due to his "reverence and affection" for Marshall. "I have felt an earnest desire to vindicate his memory.... I am sensible that I have not done that justice to his opinion which his own great mind and exalted talents would have done. But ... I hope that I have shown that there were solid grounds on which to rest his exposition of the Constitution. His saltem accumulem donis, et fungar inani munere." (11 Peters, 350.)

Lessee of Samuel Smith vs. Robert Trabue's Heirs, 9 Peters, 4-6; U.S. vs. Nourse, ib. 11-32; Caldwell et al. vs. Carrington's Heirs, ib. 87-105; Bradley vs. The Washington, etc. Steam Packet Co. ib. 107-16; Delassus vs. U.S. ib. 118-36; Chouteau's Heirs vs. U.S. ib. 137-46; U.S. vs. Clarke, ib. 168-70; U.S. vs.. Huertas, ib. 171-74; Field et al. vs. U.S. ib. 182-203; Mayor, etc. of New Orleans vs. De Armas and Cucullo, ib.. 224-37; Life and Fire Ins. Co. of New York vs. Adams, ib. 571-605.

Ib. 711-63.

9 Peters, 723.

Story to Fay, March 2, 1835, Story, II, 193.

Story to Peters, May 20, 1835, ib. 194.

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

Smith to Kent, June 13, 1835, Kent MSS. Lib. Cong.

Randolph: Physick, 100-01.

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

Chapman to Brockenbrough, July 6, 1835, quoted in the Richmond Enquirer, July 10, 1835. Marshall died "at the Boarding House of Mrs. Crim, Walnut street below Fourth." (Philadelphia Inquirer, July 7, 1835.) Three of Marshall's sons were with him when he died. His eldest son, Thomas, when hastening to his father's bedside, had been killed in Baltimore by the fall upon his head of bricks from a chimney blown down by a sudden and violent storm. Marshall was not informed of his son's death.

Terhune, 98.

Philadelphia Inquirer, July 7, 1835.

Niles, XLVIII, 322.

Richmond Enquirer July 10, 1835.

Ib.

Richmond Whig and Public Advertiser, July 10, 1835.

Richmond Enquirer, July 14, 1835.

See Sargent, I, 299. If the statements in the newspapers and magazines of the time are to be trusted, even the death of Jefferson called forth no such public demonstrations as were accorded Marshall.

Niles, XLVIII, 321.

Undoubtedly William Leggett, one of the editors. See Leggett: A Collection of Political Writings, II, 3-7.

As reprinted in Richmond Whig and Public Advertiser, July 14, 1835.

Richmond Enquirer, July 21, 1835.

Ib.

Ib. July 17, 1835.

Alexandria Gazette, Aug. 13, 1835, reprinted in the Richmond Enquirer, Aug. 21, 1835.

Magruder: John Marshall, 282.

Story, II, 206.

THE END

WORKS CITED IN THIS VOLUME

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MCMASTER, JOHN BACH. A History of the People of the United States from the Revolution to the Civil War. 8 vols. New York. 1883-1913. (McMaster.)

MADISON, JAMES. Writings. Edited by Gaillard Hunt. 9 vols. New York. 1900-1910. (Writings: Hunt.)

Magazine of American History.

MAGRUDER, ALLAN BOWIE. John Marshall. Boston. 1885. [American Statesmen.]

MAINE, Sir HENRY. Popular Government. London. 1885.

MANUSCRIPTS:

Chamberlain MSS. Boston Public Library. Dreer MSS. Pennsylvania Historical Society. Frederick Co., Va., Deed Book; Order Book. Jefferson MSS. Library of Congress. "Judges and Eminent Lawyers" Collection. Massachusetts Historical Society. Kent MSS. Library of Congress. Marshall MSS. Library of Congress. Monroe MSS. Library of Congress. Peters MSS. Pennsylvania Historical Society. Pickering MSS. Massachusetts Historical Society. Plumer MSS. Library of Congress. "Society Collection." Pennsylvania Historical Society. Story MSS. Massachusetts Historical Society. Supreme Court Records.

MARRYAT, FREDERICK. A Diary in America, with Remarks on its Institutions. 2 vols. Philadelphia. 1839.

---- Second Series of A Diary in America, with Remarks on its Institutions. Philadelphia. 1840.

MARSHALL, JOHN. Letters of Chief Justice Marshall to Timothy Pickering and Joseph Story. [From Pickering Papers and Story Papers. Massachusetts Historical Society. Proceedings. Second Series. Vol. XIV, pp. 321-360.] (Proceedings, Mass. Hist. Soc.).

See Corwin, Edward Samuel; Cotton, Joseph P., Jr.; Dillon, John Forrest; Magruder, Allan Bowie.

MARTINEAU, HARRIET. Retrospect of Western Travel. 2 vols. London. 1838.

MARYLAND. Laws made and passed by the General Assembly of the State of Maryland. Annapolis, Md. 1818.

Maryland Historical Society Fund-Publications. Baltimore. (Md. Hist. Soc. Fund-Pub.)

MASON, JEREMIAH. See Hillard, George S.

MASSACHUSETTS. Laws of the Commonwealth of Massachusetts, passed at the several Sessions of the General Court, beginning 26th May, 1812, and ending on the 2d March, 1815. Boston. 1812-15.

Massachusetts Historical Society. Proceedings. See Marshall, John. Letters.

MEADE, Bishop WILLIAM. Old Churches, Ministers, and Families of Virginia. 2 vols. Richmond. 1910. (Meade.)

Monthly Law Reporter. Edited by John Lowell. Vol. XX. New Series, vol. X. Boston. 1858.

MOORE, JOHN BASSETT. Digest of International Law. 8 vols. Washington. 1906.

MORDECAI, SAMUEL. Richmond in By-Gone Days, being the Reminiscences of an old Citizen. Richmond. 1856. (Mordecai.)

MORISON, JOHN HOPKINS. Life of the Hon. Jeremiah Smith. Boston. 1845.

MORISON, SAMUEL ELIOT. Life and Letters of Harrison Gray Otis, Federalist, 1765-1848. 2 vols. Boston. 1913. (Morison: Otis.)

MORRIS, GOUVERNEUR. Diary and Letters. Edited by Anne Cary Morris. 2 vols. London. 1888. (Morris.)

MORSE, JOHN TORREY, JR., editor. American Statesmen. 40 vols. Boston. 1882-1917.

MUNFORD, WILLIAM, reporter. Report of Cases argued and determined in the Supreme Court of Appeals of Virginia [1810-1820]. 6 vols. New York. 1812-21. (Munford.)

NELSON, JAMES POYNTZ. Address: The Chesapeake and Ohio Railway. [Before the Railway Men's Improvement Society, New York City, January 27, 1916.] n. p., n. d.

NEW HAMPSHIRE. Journal of the House of Representatives of the State of New-Hampshire, at their session begun and holden at Concord, on the first Wednesday of June, A.D. 1816. Concord. 1816.

---- Laws of the State of New Hampshire. Exeter. 1815-16.

---- Public Laws of the State of New-Hampshire passed at a session of the General Court begun and holden at Concord on the fifth day of June, 1811. Concord. 1811.

---- Public Laws of the State of New-Hampshire passed at a session of the General Court begun and holden at Concord on the first Wednesday of June, 1813. Concord. 1813.

---- Public Laws of the State of New-Hampshire passed at a session of the General Court begun and holden at Concord on Wednesday the 27th day of October, 1813. Concord. 1813.

NEW JERSEY. Acts of the Thirty-fifth General Assembly of the State of New-Jersey. Trenton. 1811.

NEWSPAPERS:

Baltimore, Md. Marylander, March 22, 1828.

Boston, Mass. Columbian Centinel, January 11, 1809. Daily Advertiser, March 23, 1818. Spirit of Seventy-Six, July 17, 1812.

Philadelphia, Pa. Inquirer, July 7, 1835. The Union: The United States Gazette and True American, April 24, 1819.

Richmond, Va. Enquirer, January 16, 1816; January 30, February 1, May 15, 22, June 22, 1821; April 4, 1828; July 10, 14, 17, 21, August 21, 1835. Whig and Public Advertiser, July 10, 14, 1835.

NEW YORK. Laws of the State of New-York, passed at the Twenty-first and Twenty-second Sessions of the Legislature. Albany. 1798.

---- Laws of the State of New-York, passed at the Twenty-fifth, Twenty-sixth, and Twenty-seventh Sessions of the Legislature. Albany. 1804.

---- Laws of the State of New-York passed at the Thirtieth, Thirty-first, and Thirty-second Sessions of the Legislature. Albany. 1809.

---- Laws of the State of New-York, passed at the Thirty-fourth Session of the Legislature. Albany. 1811.

NICOLAY, JOHN GEORGE and HAY, JOHN, editors. See Lincoln, Abraham. Works.

Niles's Weekly Register. Baltimore. 1811-1849.

North American Review.

OHIO. Acts of the State of Ohio, passed at the First Session of the Seventeenth General Assembly. Chillicothe. 1819.

---- Acts passed at the First Session of the Twentieth General Assembly of the State of Ohio. Columbus. 1822.

---- Acts passed at the Second Session of the Twentieth General Assembly of the State of Ohio; and ... at the First Session of the Twenty-first General Assembly. Columbus. 1822-1823.

Old Family Letters. Copied from the Originals for Alexander Biddle. Philadelphia. 1892.

ORLEANS TERRITORY. Acts passed at the Second Session of the Third Legislature of the Territory of Orleans. New Orleans, La. 1811.

OTIS, HARRISON GRAY. See Morison, Samuel Eliot.

PARTON, JAMES. Life of Andrew Jackson. 3 vols. Boston 1861. (Parton: Jackson.)

PAXTON, WILLIAM MCCLUNG. Marshall Family. Cincinnati. 1885.

PEASE, THEODORE CALVIN. The Frontier State, 1818-1848. Springfield. 1918. [Volume 2 of Centennial History of Illinois.]

PECQUET DU BELLET, KATE LOUISE NOÉMIE. Some Prominent Virginia Families. 4 vols. Lynchburg, Va. 1907. (Pecquet du Bellet.)

PETERS, RICHARD, JR., reporter. Reports of Cases argued and adjudged in the Supreme Court of the United States, 1828-43. 17 vols. Philadelphia. 1828-43. (Peters.)

PHILLIPS, ULRICH BONNELL. Georgia and State Rights. Washington. 1902. [Volume 2 of Annual Report of the American Historical Association for 1901.]

PHYSICK, PHILIP SYNG. See Randolph, Jacob.

PICKERING, OCTAVIUS, and UPHAM, CHARLES WENTWORTH. Life of Timothy Pickering. 4 vols. Boston. 1867-73.

PICKERING, TIMOTHY. A Letter ... to James Sullivan, Governor of Massachusetts. Boston. 1808.

---- Life. See Pickering, Octavius, and Upham, Charles W.

PINKNEY, WILLIAM. See Pinkney, William; Wheaton, Henry.

PINKNEY, WILLIAM. Life of William Pinkney. New York. 1853.

PITKIN, TIMOTHY. A Statistical View of the Commerce of the United States of America. New Haven. 1835. (Pitkin.)

PLUMER, WILLIAM, Governor. See Plumer, William, Jr.

PLUMER, WILLIAM, JR. Life of William Plumer, edited, with a Sketch of the Author's Life, by A. P. Peabody. Boston. 1857. (Plumer.)

PREBLE, GEORGE HENRY. A Chronological History of the Origin and Development of Steam Navigation. Philadelphia. 1895.

PRENTICE, EZRA PARMALEE. Federal Power over Carriers and Corporations. New York. 1907

Quarterly Review. London.

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QUINCY, JOSIAH, d. 1864. See Quincy, Edmund.

QUINCY, JOSIAH, d. 1882. Figures of the Past, from the Leaves of Old Journals. Boston. 1883.

RANDALL, HENRY STEPHENS. Life of Thomas Jefferson. 3 vols. New York. 1858. (Randall.)

RANDOLPH, JACOB. A Memoir on the Life and Character of Philip Syng Physick, M.D. Philadelphia. 1839. (Randolph: Physick.)

Records of the Federal Convention of 1787. Edited by Max Farrand. 3 vols. New Haven. 1911. (Records Fed. Conv.: Farrand.)

REIGART, J. FRANKLIN. Life of Robert Fulton. Philadelphia. 1856.

RICHARDSON, JAMES DANIEL, compiler. A Compilation of the Messages and Papers of the Presidents, 1789-1897. 10 vols. Washington. 1900. (Richardson.)

RITCHIE, THOMAS. See Ambler, Charles Henry.

ROOSEVELT, THEODORE. Naval War of 1812. New York. 1882. (Roosevelt.)

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SCHERMERHORN, JOHN F., and MILLS, SAMUEL J. A Correct View of that Part of the United States which lies west of the Allegany Mountains, with regard to Religion and Morals. Hartford. 1814.

SCHURZ, CARL. Henry Clay. 2 vols. Boston. 1887. [American Statesmen.]

SHIRLEY, JOHN M. The Dartmouth College Causes and the Supreme Court of the United States. St. Louis. 1879. (Shirley.)

SMITH, BAXTER PERRY. The History of Dartmouth College. Boston. 1878.

SMITH, ROBERT. An Address to the People of the United States. London. 1811.

SMITH, Mrs. SAMUEL HARRISON. See Hunt, Gaillard.

SOUTH CAROLINA. Statutes at Large. See McCord, David James.

Southern Literary Messenger. Richmond, Va. 1834-64.

STEINER, BERNARD CHRISTIAN. Life and Correspondence of James McHenry. Cleveland. 1907. (Steiner.)

STORY, JOSEPH. Life and Letters. Edited by William Wetmore Story. 2 vols. Boston. 1851. (Story.)

STRICKLAND, WILLIAM PETER, editor. See Cartwright, Peter. Autobiography. (Strickland.)

SUMNER, WILLIAM GRAHAM. Andrew Jackson. As a Public Man. Boston. 1882. [American Statesmen.] (Sumner: Jackson.)

---- A History of American Currency. New York. 1875. (Sumner: Hist. Am. Currency.)

TANEY, ROGER BROOKE. See Tyler, Samuel.

TAYLOR, JOHN. Construction Construed and Constitutions Vindicated. Richmond. 1820. (Taylor: Construction Construed.)

---- New Views of the Constitution of the United States. Washington. 1823.

---- Tyranny Unmasked. Washington. 1822. (Taylor: Tyranny Unmasked.)

TERHUNE, MARY VIRGINIA HAWES. Some Colonial Homesteads and their Stories. By Marion Harland (pseud.). 2 vols. New York. 1912. (Terhune.)

THOMAS, DAVID. Travels through the Western Country in 1816. Auburn, N.Y. 1819.

THURSTON, ROBERT HENRY. Robert Fulton: His Life and its Results. New York. 1891.

THWAITES, REUBEN GOLD, editor. Early Western Travels. 32 vols. Cleveland, 1904-07. (E. W. T.: Thwaites.)

TICKNOR, GEORGE. Life, Letters, and Journals. Edited by Anna Ticknor and George S. Hillard. 2 vols. Boston. 1876. (Ticknor.)

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UNITED STATES CONGRESS. Debates and Proceedings in the Congress of the United States. First Congress, First Session, to eighteenth Congress, First Session; Mar. 3, 1789 to May 27, 1824. [Known as the Annals of Congress.] 42 vols. Washington. 1834-56. (Annals.)

---- Register of Debates. Eighteenth Congress, Second Session--Twenty-fifth Congress, First Session. 29 vols. Washington. 1825-37. (Debates.)

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

---- Statutes at Large.

UNITED STATES SUPREME COURT. Reports of Cases adjudged. University of Pennsylvania Law Review and American Law Register.

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VAN TYNE, CLAUDE HALSTEAD, editor. See Webster, Daniel. Letters.

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

---- Proceedings and Debates of the Virginia State Convention of 1829-30. Richmond. 1830. (Debates, Va. Conv.)

---- Report of the Commissioners appointed to view certain Rivers within the Commonwealth of Virginia, John Marshall, Chairman. Printed, 1816.

---- Reports of Cases argued and decided in the Court of Appeals. Richmond. 1833.

Virginia Branch Colonization Society. Report. 1832.

Virginia Magazine of History and Biography. 25 vols. Richmond. 1893-1917.

WALLACE, JOHN WILLIAM. Cases argued and adjudged in the Supreme Court of the United States, 1863-74. 23 vols. Washington, 1870-76.

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

WEBSTER, DANIEL. Letters of Daniel Webster, from Documents owned principally by the New Hampshire Historical Society. Edited by Claude H. Van Tyne. New York. 1902. (Van Tyne.)

---- Private Correspondence. Edited by Fletcher Webster. 2 vols. Boston. 1857. (Priv. Corres.: Webster.)

---- See Curtis, George Ticknor; Harvey, Peter; Lanman, Charles; Lodge, Henry Cabot; Wilkinson, William Cleaver.

WENDELL, JOHN LANSING, reporter. Reports of Cases argued and determined in the Supreme Court of Judicature ... of the State of New York. 26 vols. Albany. 1829-42.

WHEATON, HENRY. A Digest of the Decisions of the Supreme Court of the United States from 1789 to February Term, 1820. New York. 1821.

---- Elements of International Law, with a Sketch of the History of the Science. Philadelphia. 1836.

---- Some Account of the Life, Writings, and Speeches of William Pinkney. Philadelphia. 1826. (Wheaton: Pinkney.)

WHEATON, HENRY, reporter. Reports of Cases argued and adjudged in the Supreme Court of the United States, 1816-27. 12 vols. Philadelphia. 1816-27. (Wheaton.)

WILKINSON, WILLIAM CLEAVER. Daniel Webster: A Vindication. New York. 1911.

WILSON, HENRY. Rise and Fall of the Slave Power in America. 3 vols. Boston. 1872.

WIRT, WILLIAM. See Kennedy, John Pendleton.

World's Work.

GENERAL INDEX

GENERAL INDEX

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

Adair, John, and Burr Conspiracy, =3=, 291, 292, 314; career, 292 n., 336 n.; Wilkinson's letter to, 314, 336; arrested by Wilkinson, 335, 336, 337 n.; suit against Wilkinson, 336 n.; brought to Baltimore, released, 344; statement, 488 n.; and Green vs. Biddle, =4=, 381.

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

Adams, Henry, on M. in Jonathan Robins case, =2=, 458; on Pickering impeachment, =3=, 143; on isolation of Burr, 280; on Burr and Merry, 289; on American law of treason, 401 n.; on impressment, =4=, 8 n.; on causes of War of 1812, 29 n.

Adams, John, on drinking, =1=, 23 n.; library, 25; on Philadelphia campaign, 102; belittles Washington (1778), 123 n.; story of expected kingship, 291; on American and French revolutions, =2=, 2 n.; and title for President, 36; on Hamilton's financial genius, 61 n.; and policy of neutrality, 92; M. on, 214; on M., 218; address to Congress on French affairs (1797), French demand of withdrawal of it, 225, 226, 316; appointment of X. Y. Z. Mission, 226-29; and X. Y. Z. dispatches, 336, 338; offers M. Associate Justiceship, 347, 378, 379; Federalist toast to, 349 n.; statement of French policy (1798), 351; and M.'s journal of mission, 366; M. on foreign policy, 403; and prosecutions under Sedition Law, 421; reopening of French negotiations, political result, 422-28; pardons Fries insurrectionists, political effect, 429-31, =3=, 36; absence from Capital, =2=, 431, 493; address to Congress (1799), 433; M.'s reply of House, 433-36; Jonathan Robins case, 458-75; disruption of Cabinet, 485-88; temperament contrasted with Washington's, 486, 488; appointment of M. as Secretary of State, 486, 489-93; Republican comment on reorganized Cabinet, 491, 494; pardon of Williams, 495; and Bowles in Florida, 497; and British debts dispute, 503, 505; and possible failure of new French negotiations, 522; M. writes address to Congress (1800), 530, 531; eulogy by Washington Federalist, 532 n.; and enlargement of Federal Judiciary, 547; and Chief Justiceship, appointment of M., 552-54, 558; continues M. as Secretary of State, 558; midnight appointments, 559-62, =3=, 57, 110; magnanimous appointment of Wolcott, =2=, 559, 560; Jefferson and midnight appointments, =3=, 21; Republican seditious utterances, 30, 33, 37, 42 n.; and subpoena, 33, 86; and partisan appointments, 81; on Bayard's Judiciary speech (1802), 82; on John Randolph, 171; and Chase, 211 n.; and M's biography of Washington, 257; on his situation as President, 258 n.; biography of Washington on, 263 n.; on Embargo controversy, =4=, 15; on banking mania, 176, 178; in Massachusetts Constitutional Convention (1820), 471. See also Elections (1800).

Adams, John Q., Publicola papers, =2=, 15-19; on vandalism of French Revolution, 32 n.; on American support of French Revolution, 39; on economic division on policy of neutrality, 97 n.; on dangers of war with England (1795), 110 n., 112 n.; on necessity of neutrality, 119 n.; Minister to Prussia, 229 n.; on France and American politics, 279 n.; on Washington streets (1818), =3=, 5; on Federalist defeat, 12; on impeachment plans (1804), 157-60, 173; on impeachment of Pickering, 166, 167; on articles of impeachment against Chase, 172; on Chase trial, 190 n., 191 n.; on Randolph's speech at trial, 216 n.; votes to acquit Chase, 218; on Burr's farewell address, 274 n.; on Wilkinson, 341 n.; on Eaton's story on Burr, 345; on Swartwout and Bollmann trial, 346; report on Burr conspiracy and trial, 541-44; report and courtship of administration, 541 n.; later support of M., 542 n.; on Giles's speech on report, 544; and Yazoo claims, attorney in Fletcher vs. Peck, 582, 585, 586; and Justiceship, =4=, 110; on crisis of 1819, 205; M. and election of 1828, 462-65; on Georgia-Cherokee controversy, 543.

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

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

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

Addison, Alexander, charge on Sedition Act, =2=, 385 n.; and British precedents, =3=, 28 n.; as judge, denounces Republicans, 46; on the stump, 47; on declaring acts void, 117; impeachment, 164.

Admiralty, M. on unfairness of British courts, =2=, 511, 512; Story as authority, =4=, 119; jurisdiction in Territories, 142-44. See also International law; Prize.

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

Agriculture, M. on French (1797), =2=, 267; M.'s interest, =4=, 63.

Albany Plan, =1=, 9 n.

Alexander, James, and Burr conspiracy, arrested, =3=, 334; freed, 343.

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

Alexandria Advertiser, campaign virulence (1800), =2=, 529 n.

Alien and Sedition Acts, fatality, =2=, 361; provisions, 381; Hamilton on danger in, 382; Federalist attempts to defend, 382; Republican assaults, unconstitutionality, 383; Washington's defense, 384, 385; Addison's charge, 385; M.'s views of expediency, 386, 388, 389, 577; Federalists and M.'s views, 389-94, 406; M. on motives of Virginia Republicans, 394, 407; Jefferson's plan of attack, 397, 399; Kentucky Resolutions, 397-99; Virginia Resolutions, 399, 400; Madison's address of Virginia Legislature, 400, 401; M.'s address of the minority of the Legislature, 402-06; M. on constitutionality, 404; Virginia military measures, 406, 408; prosecutions, conduct of Federalist judges, 420, 421, =3=, 29-43, 86, 189-96, 202-05, 214; repeal of section, M.'s vote, =2=, 451; as issue (1800), 520, 521; State trials, =3=, 43-47; resulting issues, 47-49; M.'s position quoted by Republicans, 106.

Allbright, Jacob, testimony in Burr trial, =3=, 425-27, 465, 488.

Allegiance. See Expatriation; Naturalization.

Allen, Nathaniel, Granville heirs case, =4=, 154.

Alston, Aaron Burr, death, =3=, 538 n.

Alston, Joseph, at trial of Burr, =3=, 479, 481.

Alston, Theodosia (Burr), and trial of father, =3=, 381, 479; death, 538 n.

Ambler, Edward, courtship, =1=, 150 n.; country place, 164 n.

Ambler, Eliza, on Arnold's invasion, =1=, 144 n. See also Carrington, Eliza.

Ambler, Jacquelin, career, =1=, 149, 160; and M., 170; and M.'s election to Council of State, 209 n.; M.'s neighbor, =2=, 172.

Ambler, John, wealth, =1=, 166; marries M.'s sister, 166 n.; grand juror on Burr, =3=, 413 n.

Ambler, Mary Willis, family, =1=, 148-50; meeting with M., 151, 152; courtship, 153, 159, 160, 163; marriage, 165, 166. See also Marshall, Mary W.

Ambler, Richard, immigrant, =1=, 165.

Amelia case, =3=, 16, 17.

Amendment of constitutions, M.'s idea, =1=, 216.

Amendment of Federal Constitution, demand for previous, =1=, 245, 405, 412, 418, 423, 428; expected, 251; proposed by Massachusetts, 348; Randolph's support of recommendatory, 377, 378; method, in Ratification debate, 389; Virginia contest over recommendatory, 468-75; character of Virginia recommendations, 477; history of first ten amendments, =2=, 57-59; Eleventh, 84 n., =3=, 554, =4=, 354, 385, 387-91; proposals caused by Jay Treaty, =2=, 141-43; Twelfth, 533 n.; proposed, on removal of judges, =3=, 167, 221, 389; proposed, for recall of Senators, =3=, 221; proposed, to restrict appellate jurisdiction of Supreme Court, =4=, 323, 325, 371, 378; proposed, to limit judicial tenure, 517 n.

American Academy of Arts and Sciences, M.'s membership, =4=, 89.

American Colonization Society, M. and, =4=, 473-76.

American Insurance Co. vs. Canter, right of annexation, territorial government, =3=, 148 n., =4=, 142-44.

American Philosophical Society, M.'s membership, =4=, 89.

American Revolution, influence of Bacon's Rebellion and Braddock's defeat, =1=, 6, 9; Virginia and Stamp Act, 61-65; Virginia Resolutions for Arming and Defense (1775), 65, 66; preparation in back-country Virginia, 69-74; Dunmore's Norfolk raid, battle of Great Bridge, 74-79; condition of the army, militia, 80-88, 92; effect of State sovereignty, 82, 88-90, 100, 146; Brandywine campaign, 92-98; campaign before Philadelphia, 98-102; Germantown, 102-04; desperate state, 104, 105; final movements before Philadelphia, 105-07; efforts to get Washington to abandon cause, 105, 130, 131; Philadelphia during British occupation, 108-10; Valley Forge, 110-20, 131; treatment of prisoners, 115; Washington as sole dependence, 121, 124; Conway Cabal, 121-23; Washington and weakness of Congress, 124-26, 131; Jefferson accused of shirking, 126-30; French alliance, relaxing effect, 133, 138, 143; Monmouth campaign, 134-38; Stony Point, 138-42; Pawles Hook, 142; Arnold in Virginia, Jefferson's conduct, 143; depreciated currency and prices, 167-69; influence on France, =2=, 1; M.'s biography of Washington on, =3=, 244, 245, 253-56. See also Continental Congress.

Ames, Fisher, on democratic societies, =2=, 40; on contest over funding, 61 n.; on contest over National Capital, 63 n.; on lack of national feeling, 67, 74; on Republican discipline, 81; on British-debts cases, 83 n.; on crisis with England (1794), 109; on Giles, 129; and M. (1796), 198, 199; on effect of X. Y. Z. dispatches, 341; attack on M.'s views of Alien and Sedition Acts, 390; on reopening of French negotiations, 423, 426-28; on Adams's temperament, 489 n.; on Adams's advances to Republicans (1800), 519; on advance of Republicans, 519; on attack on standing army, 520 n.; on character of parties, 521 n.; opposition to Adams, 527; on campaign virulence of newspapers, 530; on resumption of European war, =3=, 14; on Jefferson and Judiciary, 53; and secession, 53 n., 97, 98 n.; on repeal of Judiciary Act, 94; on Louisiana Purchase, 150; on Chase impeachment, 174; on Yazoo lands, 568; as British partisan, =4=, 5; and M.'s logic, 85.

Ames, Nathaniel, attack on Washington, =2=, 117 n.

Amory, Rufus G., practitioner before M., =4=, 237 n.

Amsterdam, decline of trade (1797), =2=, 233.

Amusements, in colonial Virginia, =1=, 22; of period of Confederation, 283; M.'s diversions, =2=, 182-85, =4=, 66, 76-80.

Anarchy, spirit, =1=, 275, 284, 285, 289; as spirit of Shays's Rebellion, 299, 300; Jefferson's defense, 302-04. See also Government.

Ancestry, M.'s, =1=, 9-18.

Anderson, John E., pamphlet on Yazoo lands, =3=, 573 n.

Anderson, Joseph, of Smith committee, =3=, 541 n.

Anderson, Richard, and Mary Ambler, =1=, 164.

André, John, in Philadelphia society, =1=, 110.

Andrews, ----, and Jay Treaty, =2=, 132.

Andrews, Robert, professor at William and Mary, =1=, 155 n.

Annapolis Convention, and commercial regulation, =4=, 422.

Annexation, constitutionality, =3=, 147, =4=, 143.

Antelope case, =4=, 476.

Antwerp, trade (1797), =2=, 233; M. on conditions, 246, 247.

Appellate jurisdiction of Supreme Court over State acts, =4=, 156-67, 347-57; proposed measures to restrict or repeal, 323, 325, 371, 379, 380, 514-17. See also Declaring acts void; Supreme Court.

Aristocracy, of colonial Virginia, =1=, 25-27; after the Revolution, 277.

Armed Neutrality, M.'s biography of Washington on, =3=, 255.

Armstrong, John, and Pickering impeachment, =3=, 168 n.; and St. Cloud Decree, =4=, 37.

Army, condition of Revolutionary, =1=, 80-86, 92; sickness, 86, 116; discipline, 87, 120; lack of training, 88 n.; lack of equipment, 97, 99; at Valley Forge, 110-20, 131, 132; improved commissary, 133; Steuben's instruction, 133; size (1778), 138 n.; light infantry, 139 n.; arguments during Ratification on standing, 334, 342, 346, 389, 435, 477; Washington commands (1798), =2=, 357, =3=, 258 n.; M. and officers for, =2=, 420; debate on reduction (1800), 436, 439, 476-81; as issue (1800), 520. See also Preparedness.

Arnold, Benedict, invasion of Virginia, =1=, 143; M.'s biography of Washington on, =3=, 255.

Assumption of State debts, contest, =2=, 61-64; opposition in Virginia, 62, 65-69; question of constitutionality, 66; political results, 82.

Atalanta case, =4=, 142 n.

Athletics, M.'s prowess, =1=, 73, 118, 132.

Attainder, Philips case, =1=, 393, 398, 411.

Attorney-General, M. declines office, =2=, 122, 123; Henry declines, 125; Breckenridge as, =3=, 58 n.; Wirt as, =4=, 239.

Augereau, Pierre F. C., and 18th Fructidor, =2=, 246 n.

Augusta Chronicle, on Yazoo frauds, =3=, 561.

Aurora, abuse of Washington, =2=, 162, 163; on M.'s appointment to X. Y. Z. Mission, 218, 219; and X. Y. Z. dispatches, 337, 338; on M.'s reception, 345, 351; on Addison's charge on Sedition Act, 385 n.; Curtius letters on M., 395, 396; on pardon of Fries, 430 n.; on M. and powers of territorial Governor, 446 n.; and Disputed Elections Bill, 454; on Jonathan Robins case, 460, 471-73; on M.'s appointment as Secretary of State, 489-91; on the reorganized Cabinet, 491; attack on Pickering, 491 n.; on new French negotiations, 522 n.; campaign virulence (1800), 529 n.; on Mazzei letter, 538 n.; on Judiciary Bill, 549 n., 555, 561 n.; on M.'s appointment as Chief Justice, 556; on Judiciary, =3=, 159 n.; attack on M. during Burr trial, 532-35.

Austen, Jane, M. as reader, =4=, 79.

Babcock, Kendric C., on Federalists and War of 1812, =4=, 48 n.

Bache, Benjamin F., attacks on Washington, =2=, 93 n. See also Aurora.

Bacon, John, and Kentucky and Virginia Resolutions, =3=, 43; in Judiciary debate (1802), 91.

Bacon's Rebellion, influence, =1=, 6.

Bailey, Theodorus, resigns from Senate, =3=, 121 n.

Baily, Francis, on hardships of travel, =1=, 264 n..

Baker, John, Hite vs. Fairfax, =1=, 191, 193; Ware vs. Hylton, =2=, 188; counsel for Burr, =3=, 407.

Balaou. See Exchange.

Baldwin, ----, sedition trial, =3=, 42 n.

Baldwin, ----, and Missouri question, =4=, 325.

Baldwin, Abraham, and Judiciary Act of 1789, =3=, 129.

Baldwin, Henry, practitioner before M., =4=, 237 n.; appointment to the Supreme Court, 510; and M., 582; and Briscoe vs. Bank and New York vs. Miln, 583; escort to M.'s body, 588.

Ball, Burgess, on M. at Valley Forge, =1=, 120.

Baltimore, in 1794, =1=, 263; and policy of neutrality, =2=, 94 n.; proposed removal of Federal Capital to, =3=, 8; public tumult over Burr trial, 529, 535-40.

Baltimore Marylander, on M. and election of 1828, =4=, 463.

Bancroft, George, on M.'s biography of Washington, =3=, 270; on M., =4=, 90.

Bangs, Edward, on Ratification contest, =1=, 341.

Bank of the United States, first, Jefferson and Hamilton on constitutionality, =2=, 71-74; hostility in Virginia, 84; Virginia branch, 141; M.'s investment, 199, 200; as monopoly, =3=, 336, 338; success, =4=, 171; continued opposition, 171-73; failure of recharter, machinations of State banks, 173-76.

Bank of the United States, second, charter, =4=, 179, 180; and Localism, 191; early mismanagement, 196; its demands on State banks and reforms force crisis, 197-99; early popular hostility, blamed for economic conditions, 198, 199, 206, 312; movement to destroy through State taxation, 206-08; attempt to repeal charter (1819), 288, 289; Bonus Bill, 417, 418; success and continued hostility to, 528, 529; Mason affair, 529; Jackson's war on, veto of recharter, 529-33; Biddle's conduct, 529 n.; as monopoly, 531; as issue in 1832, 532 n., 533; M. on Jackson's war, 533, 535; Jackson's withdrawal of deposits, 535. See also next title, and M'Culloch vs. Maryland; Osborn vs. Bank.

Bank of the United States vs. Dandridge, =4=, 482, 483.

Bank of Virginia, M. and, =2=, 174; political power, =4=, 174; refuses to redeem notes, 194.

Banking, effects of chaos (1818), =4=, 170, 171; mania for State banks, their character and issues, 176-79, 181, 188; and war finances, 177, 179; and speculation, 181-84; frauds, 184, 185; resulting suits, 185, 198; lack of regulation, 186; private, 192; depreciation of notes, no specie redemption, 192-95; counterfeits, 195; Bank of the United States forces crisis, 197-99; distress, 204-06. See also preceding titles.

Bankruptcy, M. and National act, =2=, 481, 482; lax State laws and fraud, =4=, 200-03. See also Ogden vs. Saunders; Sturges vs. Crowninshield.

Bannister, John, resigns from Council of State, =1=, 209.

Barbary Powers, M. and protection from, =2=, 499; general tribute to, 499 n.; Eaton and war, =3=, 302 n., 303 n.

Barbecue Club. See Quoit Club.

Barbour, James, grand juror on Burr, =3=, 413 n.; counsel in Cohens vs. Virginia, =4=, 346; on Missouri question, 341.

Barbour, Philip P., in debate on Supreme Court, =4=, 395; in Virginia Constitutional Convention, 484; in debate on State Judiciary, 494; in debate on suffrage, 502 n.; appointment to Supreme Court, 584 n.

Barlow, Joel, seditious utterances, =3=, 30; to write Republican history of the United States, 228, 229, 265, 266; and Decree of St. Cloud, =4=, 36, 50.

Barrett, Nathaniel, and Ratification, =1=, 342, 349.

Barron, James, Chesapeake-Leopard affair, =3=, 475.

Bartlett, Ichabod, counsel in Dartmouth College case, =4=, 234.

Bassett, Richard, and Judiciary Act of 1789, =3=, 129.

Bastrop lands. See Washita.

Batture litigation, =4=, 100-16.

Bayard, James A., on hardships of travel, =1=, 260; on French Revolution, =2=, 32 n.; and Jonathan Robins case, 460; on Adams's temperament, 488 n.; opposition to Adams, 517 n.; on Jefferson-Burr contest, 536, 545 n., 546 n.; on Washington (1804), =3=, 5 n.; on Federalists and Judiciary debate (1802), 71; in debate, 72, 79-83; appearance, 78; on bill on sessions of Supreme Court, 95, 96; on test of repeal of Judiciary Act, 123 n.; on Jefferson and impeachment plan, 160; on Chase impeachment, 173; and Chase trial, 185 n.; and attempt to suspend habeas corpus (1807), 347; on J. Q. Adams's Burr Conspiracy report, 544.

Bayard vs. Singleton, =3=, 611.

Bayly, Thomas M., on M., =4=, 489 n.

Beard, Charles A., on character of Framers, =1=, 255 n.

Beaumarchais, Pierre A. Caron de, mortgage on M.'s land, =2=, 173; American debt to, and X. Y. Z. Mission, 292-94, 310, 314 n., 317-20, 332, 366 n.; history of debt, 292 n.

Bedford, Gunning, Jr., in Federal Convention, on declaring acts void, =3=, 115 n.

Bee, Thomas, Jonathan Robins case, =2=, 458.

Beer Co. vs. Massachusetts, =4=, 279 n.

Begon, Dennis M., Exchange case, =4=, 122.

Belknap, Morris P., testimony in Burr trial, =3=, 490.

Bell, Samuel, and Dartmouth College case, =4=, 234, 253 n.

Bellamy, ----, as agent in X. Y. Z. Mission, =2=, 261-67, 272, 278, 293, 294.

Bellamy, Joseph, and Wheelock, =4=, 227.

Belligerency, of revolting provinces, =4=, 126-28.

Bellini, Charles, professor at William and Mary, =1=, 155 n.

Bentham, Jeremy, and Burr, =3=, 537 n.

Benton, Thomas H., duelist, =3=, 278 n.; counsel in Craig vs. Missouri, =4=, 512.

Berkeley, Sir William, M. on, =3=, 242 n.

Berlin Decree, =4=, 6 n.

Berrien, John M., practitioner before M., =4=, 237 n.

Beverly, Munford, grand juror on Burr, =3=, 413 n.

Biddeford, Me., and Ratification, =1=, 340.

Biddle, Nicholas, management of the Bank, =4=, 529; conduct, 529 n.

Biddle, Richard. See Green vs. Biddle.

Bill of Rights, and Virginia's extradition act (1784), =1=, 238-41; and National Government, 239; contest over lack of Federal, 334, 439; first ten Federal amendments, =2=, 57-59. See also Government.

Bingham, William, wealth, =2=, 202 n.

Binghamton Bridge case, =4=, 280 n.

Biography of Washington, M. undertakes, financial motive, =2=, 211 n., =3=, 223, 224; importance in life of M., 223; estimate of financial return, negotiations with publishers, 224-27; agreement, 227, 228; delay in beginning, 227, 235; M.'s desire for anonymity, 228, 236, 237; Jefferson's plan to offset, 228, 229, 265, 266; solicitation of subscriptions, postmasters as agents, 230, 234; Weems as agent, popular distrust, 230-34, 252; small subscription, 235; list of subscribers, 235 n.; financial problem, change in contract, 236, 250, 251; problems of composition, delay and prolixity, 236-39, 241, 246-49, 251; publication of first two volumes, 239; M. and praise and criticism, 240, 241, 245-47, 271; revised edition, 241, 247, 247 n., 272; character of first volumes, 242-45, 249; royalty, 247, 251; mistake in plan, compression of vital formative years, 249, 250, 258; volumes on American Revolution, 253-56; without political effect, 256, 257; character of final volume (1783-99), 257-65; Federalists on last volume, 265; Jefferson on biography, 265-69; other criticism, 269-71; edition for school-children, 273 n.

Bishop, Abraham, pamphlet on Yazoo lands, =3=, 570.

Bissel, Daniel, and Burr conspiracy, =3=, 361, 462.

Black, George, practitioner before M., =4=, 237 n.

Blackstone, Sir William, M. and Commentaries, =1=, 56.

Blackwood's Magazine, on M.'s biography of Washington, =3=, 271.

Blain, ----, and Attorney-Generalship, =2=, 132.

Blair, John, Commonwealth vs. Caton, =3=, 611.

Blair, John D., at Barbecue Club, =2=, 183.

Bland, Theodoric, on Randolph's apostasy (1788), =1=, 378.

Blennerhassett, Harman, beginning of Burr's connection, =3=, 291; joins enterprise, 301, 310, 313; newspaper letters, 311; island as center, gathering there, 324, 425-27, 484, 488-91; attack by militia, flight, 325; joins Burr, 361; indicted for treason, 465; on Martin's intemperance, 501 n.; attempt to seduce, 514; nolle prosequi, 515, 524; on Wilkinson at trial, 523 n.; on Jefferson's hatred of M., 525; commitment for trial in Ohio, 527; on M., 528, 531; and Baltimore mob, 538; Wirt's speech on, 616-18. See also Burr Conspiracy.

Blennerhassett, Mrs. Harman, warns Burr, =3=, 316.

Blockade, M.'s protest on paper, =2=, 511.

Blomfield, Samuel, =1=, 23 n.

Bloomington, Ohio, bank (1820), =4=, 192 n.

Boarding-houses at Washington (1801), =3=, 2, 7.

Bollmann, Justus E., takes Burr's letter to Wilkinson, =3=, 307; career, 307 n. arrested, 332, 334; brought to Washington, 343; held for trial, 344-46; discharged by Supreme Court, 346-57; interview with Jefferson, Jefferson's violation of faith, 391, 392; question of evidence and pardon, 392, 430, 431, 450-54; not indicted, 466 n.

Bonus Bill, Madison's veto, =4=, 418; further attempt, 419.

Boone, Daniel, and British debts, =1=, 229 n.

Boston, Jacobin enthusiasm, =2=, 35, 36; protest on Jay Treaty, 115, 116; Yazoo land speculation, =3=, 567.

Boston Columbian Centinel. See Columbian Centinel.

Boston Commercial Gazette, on obligation of contracts, =3=, 558.

Boston Daily Advertiser, on Dartmouth College case, =4=, 254 n., 255 n.

Boston Gazette, on bribery in Ratification, =1=, 353 n.; on French Revolution, =2=, 5.

Boston Gazette-Commercial and Political, on Republican Party (1799), =3=, 12.

Boston Independent Chronicle, on the Cincinnati, =1=, 293; on Publicola papers, =2=, 19; seditious utterances, =3=, 43-46; on repeal of Judiciary Act, 94, 99; on Marbury vs. Madison and impeachment, 112 n., 113 n.

Boston Palladium, on repeal of Judiciary Act, =3=, 93; threatens secession, 97.

Botetourt, Lord, fate of Virginia statue, =2=, 35.

Botta, Carlo G. G., Jefferson on history, =3=, 266.

Botts, Benjamin, counsel for Burr, =3=, 407; and motion to commit Burr for treason, 415, 424; on subpoena to Jefferson, 438; on overt act, 497-500; on popular hatred, 516.

Boudinot, Elias, on Adams for Chief Justice, =2=, 554.

Bowles, William A., M. and activity, =2=, 497-99.

Bowman vs. Middleton, =3=, 612.

Boyce, Robert, suit, =4=, 478.

Boyce vs. Anderson, =4=, 478.

Brackenridge, Hugh H., and Addison, =3=, 47 n.

Braddock, Edward, defeat, =1=, 2-5; reputation, 2 n.; effect of defeat on colonists, 5, 6, 9.

Bradford, William, Attorney-General, death, =2=, 122, 123.

Bradley, Stephen R., and Pickering impeachment, =3=, 168 n. at Chase trial, 183 n.; votes to acquit Chase, 218, 219.

Braintree, Mass., denounces lawyers, =3=, 23 n.

Brandywine campaign, =1=, 93-98.

Brearly, David, Holmes vs. Walton, =3=, 611.

Breckenridge, John, and Kentucky Resolutions, =2=, 398, 398 n., =3=, 58 n.; in debate on repeal of Judiciary Act of 1801, 58, 59, 66, 68-70; Attorney-General, 58 n.

Brig Wilson vs. United States, =4=, 428, 429.

Bright, Michael, and Olmstead case, =4=, 21.

Brightwell, Theodore, and Burr conspiracy, =3=, 367.

Brigstock, William, case, =2=, 464.

Briscoe vs. Bank of Kentucky, facts, currency of State-owned bank, =4=, 582; equal division of Supreme Court, 583, 584; State upheld, Story voices M.'s dissent, 584 n.

British debts, conditions and controversy in Virginia, =1=, 215, 223-31; amount in Virginia, 295 n.; in Ratification debate, 441, 444, 464; before Federal courts, Ware vs. Hylton, =2=, 83, 186-92; in Jay Treaty, 114, 121 n.; disruption of commission on, 500-02; M. on disruption and compromise, 502-05; settlement, =3=, 103.

Brockenbrough, John, grand juror on Burr, =3=, 413 n.; political control, =4=, 174; and redemption of his bank's notes, 194; and stock of Bank of the United States, 318.

Brooks, John, and Ratification, =1=, 347 n.

Broom, James M., and Burr conspiracy, =3=, 358.

Brown, Adam, and Livingston steamboat monopoly, =4=, 411.

Brown, Alexander. See Brown vs. Maryland.

Brown, Ethan A., counsel in Osborn vs. Bank, =4=, 385.

Brown, Francis, elected President of Dartmouth, =4=, 229; and Kent, 258 n.

Brown, Henry B., on Dartmouth College case, =4=, 280.

Brown, John, of R.I., and slave trade (1800), =2=, 449.

Brown, John, of Va. and Ky., on lack of patriotism (1780), =1=, 157; on Wythe as professor, 158; dinner to, =2=, 131 n.; and Pickering impeachment, =3=, 168 n.; Indiana Canal Company, 291 n.; and Burr conspiracy, 292.

Brown, Noah, and Livingston steamboat monopoly, =4=, 411.

Brown vs. Maryland, facts, =4=, 454; counsel, 455; M.'s opinion, 455-59; State license on importers an import duty, 455-57; and a regulation of foreign commerce, 457-59; as precedent, 459, 460.

Bruff, James, testimony in Burr trial, =3=, 523 n.

Bryan, George, and Centinel letters, =1=, 335 n.

Bryan, Joseph, and Randolph, =3=, 566.

Buchanan, J., Barbecue Club, =2=, 183.

Buchanan, James, and attack on Supreme Court, =4=, 515.

Bullitt, William M., book of M.'s possessed by, =1=, 186 n.

Burford, ex parte, =3=, 154 n.

Burgess, John W., on revolutionary action of Framers, =1=, 323 n.

Burke, Ædanus, and the Cincinnati, =1=, 293; shipwrecked, =3=, 55 n.

Burke, Edmund, on French Revolution, =2=, 10-12.

Burling, Walter, and Burr conspiracy, =3=, 329.

Burnaby, Andrew, plea for reunion with England, =1=, 130, 131.

Burr, Aaron, and X. Y. Z. Mission, =2=, 281; suppresses Wood's book, 380 n.; and Hamilton's attack on Adams, 528; character, and appearance, 535, =3=, 371, 372; presides over Senate, 67; and repeal of Judiciary Act, personal effect, 67, 68 n., 279; and Pickering impeachment, 168 n.; arranges Senate for Chase trial, 179 n.; as presiding officer of trial, 180, 183, 218, 219; effort of Administration to conciliate, 181; farewell address to Senate, 274; plight on retirement from Vice-Presidency, 276-78, 285; Hamilton's pursuit, 277 n.; the duel, 278 n.; Jefferson's hostility, isolation, 279, 280; toast on Washington's birthday, 280; candidacy for Governor, 281; and Federalist secession plots, 281; and Manhattan Company charter, 287 n.; gratitude to Jackson, 405; later career, 537 n., 538 n.; and Martin, 538 n.; death, monument, 538 n.; report on Yazoo lands, 570. See also Burr Conspiracy; Elections (1800).

Burr, Levi, ex parte, =3=, 537 n.

Burr conspiracy, and life of M., =3=, 275; Burr's plight on retirement from Vice-Presidency, 276-78; Jefferson's hostility and isolation of Burr, 279-81; Burr and Federalist Secessionists, 281; West and Union, 282-84; popular desire to free Spanish America, 284, 286; expected war with Spain, 285; West as field for rehabilitation of Burr, 286; his earlier proposal to invade Spanish America, 286; Burr's intrigue with Merry, real purpose, 287-90, 299; first western trip, 290; conference with Dayton, 290; Wilkinson's connection, he proposes Mexican invasion, 290, 294, 297, 460; and Blennerhassett, 291; conference at Cincinnati, 291; in Kentucky, 291, 296; plan for Ohio River canal, 291 n.; in Tennessee, Jackson's relationship, 292-96; Burr and Tennessee seat in House, 292; no proposals for disunion, 292, 297, 303, 312; invasion of Mexico, contingent on war, 292 n., 294-96, 298, 301-03, 306-09, 312, 313, 319, 460-62, 523, 527; settlement of Washita lands, 292 n., 303, 310, 312, 313, 314 n., 319, 324 n., 361 n., 362, 461, 462, 523, 527; Burr at New Orleans, 294, 295; disunion rumors, Spanish source, 296, 298, 299; Wilkinson plans to abandon Burr, 298, 300 n., 320; Casa Yrujo intrigue, purpose, 300, 300 n.; and Miranda's plans, 300, 301, 306, 308; hopes, 301, 302; Wilkinson on frontier, expected to precipitate war, 302, 307, 308, 314; Burr requests diplomatic position, 302; Burr's conferences with Truxton and Decatur, 302, 303; and with Eaton, Eaton's report of it, 303-05, 307, 345; Jefferson and reports of plans, 305, 310, 315, 317, 323, 338 n.; Burr's letter to Jackson for military preparation, 306; Burr begins second journey, 307, 309; cipher letter to Wilkinson by Swartwout and Bollmann, 307-09, 614, 615; Morgan visit, report of it to Jefferson, 309, 310; Blennerhassett's enthusiasm, his newspaper letters mentioning disunion, 310, 311; gathering at his island, 311, 324, 325, 425-27, 484, 488-91; recruits, 311, 313, 324, 326, 360; Wilkinson's letters to Adair and Smith, 314; renewal of disunion reports, 315, 316; Burr denies disunion plans, 316, 318 n., 319, 326; arrest and release of Burr in Kentucky, 317-19; Administration's knowledge of Burr's plans, 318 n.; Wilkinson and Swartwout, 320, 465; Wilkinson's revelations to Jefferson, 321-23, 334, 341, 352-56; Jefferson's action on revelations, proclamation against expedition, 324, 327; seizure of supplies, 324; militia attack on Blennerhassett's island, flight of gathering there, 325; Burr afloat, 326, 360-62; popular belief in disunion plan, 327; Wilkinson's pretended terror, 328; his appeal for funds to Viceroy, 329; and to Jefferson, 330; his reign of terror at New Orleans, 330-37; Jefferson's Annual Message on, 337; mystery and surmises at Washington, 338; House demand for information, 339; Special Message declaring Burr guilty, 339-41; effect of message on public opinion, 341; Wilkinson's prisoners brought to Washington, 343, 344; Swartwout and Bollmann held for trial, 344-46; payment of Eaton's claim, 345 n.; Supreme Court writ of habeas corpus for Swartwout and Bollmann, 346; attempt of Congress to suspend privilege of writ, 346-48; discharge of Swartwout and Bollmann, M.'s opinion, 348-57; constitutional limitation of treason, 349-51; necessity of overt act, 351, 442; presence at overt act, effect of misunderstanding of M.'s opinion, 350, 414 n., 484, 493, 496, 502, 504-13, 540, 619-26; lack of evidence of treasonable design, 353-56, 377-79, 388; Judiciary and Administration and public opinion, 357, 376, 388; House debate on Wilkinson's conduct, 358-60; Burr's assembly on island at mouth of Cumberland, 361; boats, 361 n.; Burr in Mississippi, grand jury refuses to indict him, 363-65; release refused, flight and military arrest, 365-68, 374; taken to Richmond, 368-70; M.'s warrant for civil arrest, 370; preliminary hearing before M., 370, 372, 379; Burr and M. contrasted, 371, 372; bail question, 372, 379, 380, 423, 424, 429, 516; Burr's statement at hearing, 374; M.'s opinion, commits for high misdemeanor only, 375-79; M.'s conduct and position at trials, 375, 397, 404, 407, 408, 413 n., 421, 423, 480, 494, 517, 526; public opinion, appeal to it, Jefferson as prosecutor, 374, 379-91, 395-97, 401, 406, 411, 413, 414, 416-22, 430-32, 435, 437, 439, 441, 471, 476, 477, 479, 480, 497 n., 499, 499 n., 503, 516 n.; M.'s reflection on Jefferson's conduct, 376; collection of evidence, time question, 378, 385-90, 415, 417, 418, 425, 473; Wilkinson's attendance awaited, 383, 393, 415, 416, 429, 431, 432, 440; supposed overt acts, 386 n.; money spent by Administration, 391, 423; Jefferson's violation of faith with Bollmann, 391, 392; pardons for informers, 392, 393; Dunbaugh's evidence, 393, 427, 462, 463; development of Burr support at Richmond, 393, 415, 470, 478, 479; M. and Burr at Wickham's dinner, 394-97; appearance of court, crowd, 398-400; M. on difficulty of fair trial, 401; Jackson's denunciation of Jefferson and Wilkinson, 404, 405, 457; Burr's conduct and appearance in court, 406, 408, 456, 457, 479, 481, 499, 518; Burr's counsel, 407, 428; prosecuting attorneys, 407; M. and counsel, 408; selection of grand jury, 408-13, 422; Burr's demand for equal rights, 413, 414, 418; instruction of grand jury, 413-15, 442, 451; Hay's reports to Jefferson, 415, 431; new motion to commit for treason, 415-29; Jefferson and publication of evidence, 422, 515; legal order of proof, 424, 484-87; conduct of Eaton at Richmond, 429; Bollmann and pardon, 430, 431, 450-54; demand for Wilkinson's letter to Jefferson, subpoena duces tecum, 433-47, 450, 454-56, 518-22; M.'s admonition to counsel, 439; M.'s statement on prosecution's expectation of conviction, 447-49; Wilkinson's arrival, conduct and testimony, just escapes indictment, 456, 457, 463, 464; testimony before grand jury, 458-65; indictment of Burr and Blennerhassett for treason and misdemeanor, 465, 466; other indictments, 466 n.; attacks on Wilkinson, 471-75, 477; confinement of Burr, 474, 478, 479; selection of petit jury, 475, 481-83; M. seeks advice of Justices on treason, 480; Hay's opening statement, 484; testimony on Burr's expressions, 487, 488; on overt act, 488-91; argument of proof of overt act, 491-504; unprecedented postponement, 494; Wirt's famous passage, 497, 616-18; poison hoax, 499 n.; irrelevant testimony, 512, 515, 542; attacks on M., threats of impeachment, Jefferson's Message, 500, 501, 503, 516, 525, 530-35, 540; judgment of law and fact, 500, 531; irregular verdict of not guilty, 513, 514; prosecution's advances to Blennerhassett and others, 514 n.; nolle prosequi, 515, 524; reception of verdict in Richmond, 517; trial for misdemeanor, 522-24; commitment for trial in Ohio, 524, 527, 528, 531 n.; Burr's anger at M., 524, 528; and Daveiss's pamphlet, 525; Burr on drawn battle, 527; prosecution dropped, 528; M. on trial, 530; Baltimore mob, 535-40; bibliography, 538 n.; attempt to amend law of treason, 540; attempt to expel Senator Smith, Adams's report, 540-44.

Burrill, James, Jr., on bankruptcy frauds, =4=, 202.

Burwell, Rebecca, and Jefferson, =1=, 149.

Burwell, William A., and attempt to suspend habeas corpus (1807), =3=, 348.

Butchers' Union vs. Crescent City, =4=, 279 n.

Butler, Elizur, arrest by Georgia, =4=, 548; pardoned, 552 n. See also Worcester vs. Georgia.

Byrd, William, library, =1=, 25.

Cabell, Benjamin W. S., in Virginia Constitutional Convention, =4=, 500.

Cabell, Joseph, at William and Mary, =1=, 159.

Cabell, Joseph C., grand juror on Burr, =3=, 413 n.; on Swartwout, 465.

Cabell, William, at William and Mary, =1=, 159; in the Legislature, 203; and Henry-Randolph quarrel, 407 n.

Cabell, William H., opinion in Martin vs. Hunter's Lessee, =4=, 158-60.

Cabinet, dissensions in Washington's, =2=, 82; changes in Washington's, his offers to M., 122-25, 147; disruption of Adams's, 485-88; M.'s appointment as Secretary of State, 486, 489-91, 493; Republican comment on Adams's reorganized, 491; salaries (1800), 539 n.

Cabot, George, on democratic clubs, =2=, 38; on policy of neutrality, 94 n.; and M. (1796), 198; on Gerry, 364, 366; on M.'s views on Alien and Sedition Acts, 391-93; on reopening of French negotiations, 424, 426; on M. in Congress, 432; on Adams and Hamiltonians, 488; on M. as Secretary of State, 492; opposition to Adams, 517 n.; in defeat, =3=, 11; on Republican success, 11; political character, 11 n.; on attack on Judiciary, 98; on protest on repeal of Judiciary Act, 123 n.; on Louisiana Purchase, 150; and secession, 152; and Hartford Convention, =4=, 52; and Story, 98.

Calder vs. Bull, =3=, 612.

Caldwell, Elisha B., Supreme Court sessions in house, =4=, 130.

Calhoun, John C., and War of 1812, =4=, 29; Bonus Bill, 417; Exposition, 538; and non-intercourse with tariff States, 538 n.

Call, Daniel, as lawyer, =1=, 173; M.'s neighbor, =2=, 171; counsel in Hunter vs. Fairfax's Devisee, =4=, 151.

Callender, James T., on M.'s address (1798), =2=, 405; on M.'s campaign, 409; later attacks on M., 541 n., 556, 560 n.; trial for sedition, =3=, 36-41, 189-96, 202-05, 214; proposed public appropriation for, 38 n.; popular subscription, 38 n.; pardoned, 40 n.

Camillus letters, =2=, 120.

Campbell, Alexander, as lawyer, =1=, 173; and Richmond meeting on Jay Treaty, =2=, 151, 152; Ware vs. Hylton, 188, 189, 192; Hunter vs. Fairfax's Devisee, 207; in Virginia Constitutional Convention, =4=, 501 n.

Campbell, Archibald, as M.'s instructor, =1=, 57; as Mason, =2=, 176.

Campbell, Charles, on frontier (1756), =1=, 7 n.

Campbell, George W., argument in Chase trial, =3=, 198; on Burr conspiracy, 339.

Campbell, William, in Virginia Constitutional Convention, =4=, 492.

Campo Formio, Treaty of, M. on, =2=, 271; and X. Y. Z. Mission, 272, 273.

Canal, Burr's plan for, on Ohio River, =3=, 291 n. See also Internal Improvements.

Canning, George, letter to Pinkney, =4=, 23.

Capital, Federal, deal on assumption and location, =2=, 63, 64; proposed removal to Baltimore, =3=, 8. See also District of Columbia; Washington, D.C.

Capitol, of Virginia (1783), =1=, 200; Federal, in 1801, =3=, 1, 2; religious services there, 7 n.; quarters for Supreme Court, 121 n.

Card playing in Virginia, =1=, 177 n.

Carlisle, Pa., Ratification riot, =1=, 334.

Carr, Dabney, and Cherokee Indians controversy, =4=, 542.

Carrington, Edward, supports Jay Treaty, =2=, 121; and M.'s advice on Cabinet positions, 124-26, 132; on Virginia and Jay Treaty, 131, 132, 134, 137, 138 n., 142, 143; inaccuracy of reports to Washington, 131 n.; and Richmond meeting on Jay Treaty, 149, 154; M.'s neighbor, 171; verdict in Burr trial, =3=, 513, 514.

Carrington, Eliza (Ambler), on Arnold's invasion, =1=, 144 n.; on first and later impressions of M., 150-54; on Richmond in, 1780, 165; M.'s sympathy, 188; on prevalence of irreligion, 221; on attacks on M.'s character, =2=, 101, 102; on Mrs. Marshall's invalidism, 371 n.; M.'s sister-in-law, =4=, 67 n.

Carrington, Paul, as Judge, =1=, 173, =4=, 148; candidacy for Ratification Convention, =1=, 359.

Carroll, Charles, opposition to Adams, =2=, 517 n.; on Hamilton's attack on Adams, 528 n.

Carter, John, and tariff, =4=, 384 n., 536.

Carter, Robert, landed estate, =1=, 20 n.; character, 21 n.; library, 25.

Cary, Mary, courtship, =1=, 150 n.

Cary, Wilson M., on M.'s ancestry, =1=, 15.

Casa Yrujo, Marqués de, and Burr, =3=, 289, 296 n., 300; on Wilkinson, 320 n.

Cecil County, Md., and Burr trial, =3=, 479 n.

Centinel letters in opposition to Federal Constitution, =1=, 335-37; probable authors, 335 n.

Centralization. See Nationalism.

Chancery. See Equity.

Chandler, John, case, =3=, 130 n.

Channing, Edward, on Washington, =1=, 121; on origin of Kentucky Resolutions, =2=, 398 n.; on attacks on neutral trade, =4=, 7 n.; on purpose of Orders in Council, 12 n.; on Minister Jackson, 23 n.; on causes of War of 1812, 29 n.

Chapman, H., on opposition to Ratification, =1=, 338.

Chapman, Nathaniel, on death of M., =4=, 588.

Charleston, S.C., Jacobin enthusiasm, =2=, 35.

Charters. See Dartmouth College vs. Woodward.

Chase, Samuel, and Adams, =2=, 495 n.; and common-law jurisdiction, =3=, 28 n.; conduct in sedition trials, 33, 36, 41; Fries trial, 35; on the stump, 47; on declaring acts void, 117, 612; House impeaches, 169; anti-Republican charge to grand jury, 169, 170; arousing of public opinion against, 171; articles of impeachment, 171, 172; despair of Federalists, 173; effect of Yazoo frauds on trial, 174; opening of trial, 175; arrangement of Senate, 179, 180; Burr as presiding officer, efforts of Administration to win him, 180-83; seat for Chase, 183; appearance, 184; career, 184 n., 185 n.; counsel, 185; Randolph's opening speech, 187-89; testimony, 189-92; M. as witness, 192-96; Giles-Randolph conferences, 197; argument of Manager Early, 197; of Manager Campbell, 198; of Hopkinson, 198-200; indictable or political offense, 199, 200, 202, 207-13; arguments of Key and Lee, 201; of Martin, 201-06; trial as precedent, 201; trial as political affair, 206; argument of Manager Nicholson, 207-10; of Manager Rodney, 210-12; and Chief Justiceship, 211 n.; argument of Manager Randolph, 212; Randolph's praise of M., 214-16; trial and secession, 217; vote and acquittal, 217-20; trial as crisis, 220; effect on Republicans, 220-22; on M., 222; Chase and Swartwout and Bollmann case, 349 n.; and Fletcher vs. Peck, 585 n.; death, =4=, 60.

Chastellux, Marquis de, on William and Mary, =1=, 156 n.; on hardships of travel, 262; on drinking, =2=, 102 n.

Chatham, Earl of, fate of Charleston statue, =2=, 35.

Checks and balances of Federal Constitution, Ratification debate on, =1=, 389, 417; and repeal of Judiciary Act of 1801, =3=, 60, 61, 65. See also Division of powers; Government; Separation of powers; Union.

Cherokee Indians, power, =3=, 553; origin of Georgia contest, =4=, 539, 540; Jackson's attitude, 540, 541, 547, 548, 551; first appeal to Supreme Court, 541; popular interest and political involution, 541, 548; and removal, 541; monograph on contest, 541 n.; Tassels incident, Georgia's defiance of Supreme Court, 542-44; Cherokee Nation vs. Georgia, Georgia ignores, 544; M.'s opinion, Cherokees not a foreign nation, 544-46; M.'s rebuke of Jackson, 546; dissent from opinion, 546 n.; origin of Worcester vs. Georgia, arrest of missionaries, 547, 548; Georgia refuses to appear before Court, 548; counsel, 549; M.'s opinion, no State control over Indians, 549-51; mandate of Court ignored, 551; final defiance of Court, Graves case, 552 n.; removal of Indians, 552 n.

Cherokee Nation vs. Georgia. See Cherokee Indians.

Chesapeake-Leopard affair, Jefferson and, =3=, 475-77, =4=, 9.

Chester, Elisha W., counsel in Worcester vs. Georgia, =4=, 549.

Cheves, Langdon, and War of 1812, =4=, 29.

Children, M.'s fondness for, =4=, 63.

Chisholm vs. Georgia, =2=, 83 n., =3=, 554 n.

Choate, Rufus, on Marbury vs. Madison, =3=, 101; on Webster's tribute to Dartmouth, =4=, 248.

Choctaw Indians, power, =3=, 553.

Christie, Gabriel, and slavery, =2=, 450.

Church ----, and X. Y. Z. Mission, =2=, 254.

Cincinnati, first steamboat, =4=, 403 n.

Cincinnati, Order of the, popular prejudice against, =1=, 292-94.

Cipher, necessity of use, =1=, 266 n.

Circuit Courts, Supreme Court Justices in, =3=, 55, 56; rights of original jurisdiction, =4=, 386. See also Judiciary; Judiciary Act of 1801.

Circuit riders, work, =4=, 189 n.

Citizenship, Virginia bill (1783), =1=, 208. See also Naturalization.

Civil rights, lack, =3=, 13 n. See also Bill of Rights.

Civil service, M. and office-seekers, =2=, 494; Adams and partisan appointments, =3=, 81; Jefferson's use of patronage, 81 n., 208. See also Religious tests.

Claiborne, William C. C., and election of Jefferson, reward, =3=, 81 n.; and Wilkinson and Burr conspiracy, 326, 331, 363, 366; and Livingston, =4=, 102; and steamboat monopoly, 414.

Clark, Daniel, and Burr, =3=, 294, 295; and disunion rumors, 296.

Clark, Eugene F., acknowledgment to, =4=, 233 n.

Clark, George Rogers, surveyor, =1=, 210 n.; Indiana Canal Company, =3=, 291 n.

Classes, in colonial Virginia, =1=, 25-28; after the Revolution, 277, 278.

Clay, Charles, in Virginia Ratification Convention, =1=, 472.

Clay, Henry, duelist, =3=, 278 n.; and Burr conspiracy, 296, 318, 319 n.; on Daveiss and Burr, 317 n.; as exponent of Nationalism, =4=, 28, 29; as practitioner before M., 95, 135; and Green vs. Biddle, 376; counsel in Osborn vs. Bank, 385; in debate on Supreme Court, 395; Kremer's attack, 462 n.; Randolph duel, 463 n.; and report on M. and election of 1828, 464; and American Colonization Society, 474; and recharter of Bank of the United States, 530; Compromise Tariff, 574.

Clayton, Philip, and Yazoo lands act, =3=, 547, 548.

Clayton, Samuel, in Virginia Constitutional Convention, =4=, 501 n.

Clermont, Fulton's steamboat, =4=, 401 n.

Clinton, De Witt, presidential candidacy (1812), =4=, 47.

Clinton, George, letter for second Federal convention, =1=, 379-81, 477, =2=, 49, 57 n.; elected Vice-President, =3=, 197; defeats recharter of Bank of the United States, =4=, 176.

Clopton, John, deserts Congress (1798), =2=, 340 n.; candidacy (1798), 414.

Clothing. See Dress.

Cobbett, William, on American enthusiasm over French Revolution, =2=, 5 n.; as conservative editor, 30 n.

Cockade, black, =2=, 343.

Cocke, William, on Judiciary Act of 1801, =3=, 57 n.; at Chase trial, 194.

Cohens vs. Virginia, conditions causing opinion, its purpose, =4=, 342-44, 353; facts, 344, 345; as moot case, 343; counsel, argument, 346; M.'s opinion on appellate power, 347-57; statement of State Rights position, 347; supremacy of National Government, 347-49; Federal Judiciary as essential agency in this supremacy, 349-52; resistance of disunion, 352, 353; State as party, Eleventh Amendment, 354-56; hearing on merits, 357; Roane's attack on, 358, 359; rebuke of concurring Republican Justices, 358, 359; M. on attacks, 359-62; other Virginia attacks, 361 n.; Jefferson's attack on principles, M. on it, 362-66, 368-70; attack as one on Union, 365; Taylor's attack on principles, 366-68.

Coleman, vs. Dick and Pat, =2=, 180 n.

Colhoun, John E., and repeal of Judiciary Act, =3=, 62 n., 72 n.

College charters as contracts. See Dartmouth College vs. Woodward.

Collins, Josiah, Granville heirs case, =4=, 154.

Collins, Minton, on economic division on Ratification, =1=, 313; on opposition to Ratification, 322.

Colston, Rawleigh, purchase of Fairfax estate, =2=, 203 n., 204, =4=, 149, 150 n.; M.'s debt, =3=, 224.

Columbian Centinel, on Republicans (1799), =3=, 43; on Judiciary debate (1802), 65 n., 72 n., 99.

Commerce, effects of lack of transportation, =1=, 262; Madison on need of uniform regulation, 312; Jefferson's dislike, 316; Federal powers in Ratification debate, 427, 477; foreign, and South Carolina negro seamen act, Elkison case, =4=, 382, 383; power to regulate, and internal improvements, 417; power over navigation, Brig Wilson vs. United States, 428, 429; doctrine of common carrier and transportation of slaves, 478. See also Bankruptcy; Brown vs. Maryland; Communication; Economic conditions; Gibbons vs. Ogden; Internal improvements; Navigation acts; Neutral trade, New York vs. Miln; Slave trade; Tariff.

Common carrier, doctrine, and transportation of slaves, =4=, 478.

Common law, Federal jurisdiction, =2=, 549 n., =3=, 23-29, 30 n., 78, 84, 89.

Commonwealth vs. Caton, =3=, 611.

Communication, roads of colonial Virginia, =1=, 36 n.; at period of Confederation and later, hardships of travel, 250, 255-64, =3=, 5 n., 55 n.; lack as index of political conditions, =1=, 251, 255; sparseness of population, 264; mails, 264-67; character of newspapers, 267-70; conditions breed demagogism, 290-92; local isolation, =4=, 191. See also Commerce.

Commutable Act of Virginia, =1=, 207.

Concurrent jurisdiction of Federal and State courts, =1=, 452. See also Appellate jurisdiction.

Concurrent powers, M.'s exposition in Ratification debate, =1=, 436; and State bankruptcy laws, =4=, 208-12; commercial, 409.

Confederation, Washington on State antagonism, =1=, 206 n.; effect of British-debts controversy, 228, 228 n.; financial powerlessness, 232, 295-97, 304, 387, 388, 415-17; effort for power to levy impost, 233; debt problem, 233-35, 254; proposed power to pass navigation acts, 234, 235; social conditions during, 250-87; popular spirit, 253, 254; opportunity for demagogism, 288-92, 297, 309; Shays's Rebellion, 298-304; impotence of Congress, 305; prosperity during, 306; responsibility of masses for failure, 307; responsibility of States for failure, 308-10; antagonistic State tariff acts, 310, 311; economic basis of failure, 310-13; Jefferson on, 315; Randolph on, 377; Henry's defense, 388, 389, 399; M.'s biography of Washington on, =3=, 259-61.

Congress, Ratification debate on character, =1=, 344, 416, 419, 422, 423; M. on discretionary powers (1788), 454; First: titles, =2=, 36; election in Virginia, 49, 50; amendments, 58, 59; funding, assumption, and National Capital, 59-64; Judiciary, =3=, 53-56; Third: Yazoo lands, 560, 569, 570; Fourth: Jay Treaty, =3=, 148, 155; Yazoo lands, =3=, 570; Fifth: Adams's address on French depredations, =2=, 225, 226; X. Y. Z. dispatches, 336, 338, 339; war preparations, 355; Alien and Sedition Acts, 381; Georgia's Western claims, =3=, 573; Sixth: M.'s campaign for, =2=, 374-80, 401, 409-16; M.'s importance to Federalists, 432, 436, 437; Adams's address at first session, 433; reply of House, 433-36; and presidential campaign, 438; and death of Washington, 440-45; M.'s activity, 445; cession of Western Reserve, 446; powers of territorial Governor, 446; insult to Randolph, 446; Marine Corps, 446-48; land grants for veterans, 448; and slavery, 449; Sedition Law, 451; M.'s independence, 451, 452; Disputed Election Bill, 452-58; Jonathan Robins case, 460-75; reduction of army, 476-81; Bankruptcy Bill, 481, 482; results of first session, 482; French treaty, 525; M. and Adams's address at second session, 530, 531; Jefferson-Burr contest, 532-47; Judiciary Bill, 548-52, =3=, 53, 56; reduction of navy, 458 n.; Georgia cession, 574; Seventh: Judiciary in Jefferson's Message, 51-53; repeal of Judiciary Act of 1801, 58-92; Supreme Court, 94-97; Eighth: impeachment of Pickering, 164-68; Chase impeachment, 169-222; electoral vote counting, 197; Burr's farewell address, 274; Yazoo claims, 575-82; Ninth: Jefferson's Annual Message on Burr conspiracy, 337; demand for information and Special Message, 339; payment of Eaton's claim, 345 n.; attempt to suspend habeas corpus, 346-48; Burr conspiracy debate, 357-60; non-importation, =4=, 9; Tenth: Chesapeake-Leopard affair, =3=, 477; attempt to amend law of treason, 540; attempt to expel Senator Smith, 540-44; Embargo, =4=, 11, 13, 14, 22; Force Act, 16; non-intercourse, 22; Eleventh: Yazoo claims, =3=, 595-97; Jackson resolution, =4=, 24; Louisiana, 27; bank, 173-76; Twelfth: Yazoo claims, =3=, 597-600; war, =4=, 29; Thirteenth: Yazoo claims, =3=, 600; St. Cloud Decree resolution, =4=, 48; bank, 179; Fourteenth: bank, 180; salaries, 231 n.; Bonus Bill, 417; Fifteenth: bank, 196 n., 288, 289; internal improvements, 418; Sixteenth: bankruptcy, 201, 302; Missouri, 340-42; Seventeenth: Judiciary, 371-79; Eighteenth: Judiciary, 379, 380, 394, 450, 451; internal improvements, 418-21; presidential election, 462 n.; tariff, 536; Nineteenth: Supreme Court, 451-53; Twentieth: tariff, 537; Twenty-first: Supreme Court, 514-17; Cherokee Indians, 541; Hayne-Webster debate, 552-55; Twenty-second: Judiciary, 517 n.; recharter of Bank, 529-33; river and harbor improvement, 534; tariff, 559, 567, 574.

Conkling, Roscoe, resemblance to Pinkney, =4=, 133 n.

Connecticut, Ratification, =1=, 325; cession of Western Reserve, =2=, 446, =3=, 578; and Kentucky and Virginia Resolutions, 105 n.; and Embargo, =4=, 17; and War of 1812, 48 n.; and Livingston steamboat monopoly, 404.

Connecticut Reserve, cession, =2=, 446; Granger's connection, =3=, 578.

Conrad and McMunn's boarding-house, =3=, 7.

Conscription, for War of 1812, =4=, 51.

Conservatism, growth, =1=, 252, 253; M.'s extreme, =3=, 109, 265, =4=, 4, 55, 93, 479-83, 488. See also Democracy; Nationalism; People.

Consolidation. See Nationalism.

Constitution, question of amending Virginia's (1784), =1=, 216; attack on Virginia's (1789), =2=, 56 n.; Massachusetts Convention (1820), =4=, 471. See also Federal Constitution; Virginia Constitutional Convention.

Continental Congress, denunciation by army officers, =1=, 90; flight, 102; and intrigue against Washington, 122, 123; decline, 124; Washington's plea for abler men and harmony, 124-26, 131. See also Confederation.

Contraband, in Jay Treaty and X. Y. Z. Mission, =2=, 306; M. on British unwarranted increase of list, 509-11.

Contracts, obligation of, M.'s first connection with legislative franchise, =1=, 218; and with ideas of contract, 223, 224; in debate on Ratification, 428; M. on, as political factor under Confederation, =3=, 259-61; M. on (1806), and new National Government, 263; importance of M.'s expositions, 556, 593-95, =4=, 213, 219, 276-81; legal-tender violation, =3=, 557; origin of clause in Federal Constitution, 557 n., 558 n.; effect of constitutional clause on public mind, 558; and repeal of Yazoo land act, 562, 563, 586; discussions of repeal, 571, 572; congressional debate on Yazoo claims, 575, 579, 580; M.'s interest in stability, 582; M.'s opinion in Fletcher vs. Peck, repeal of Yazoo act as impairment, 586-91; and corrupt legislation, 587; involved in Sturges vs. Crowninshield, =4=, 209, 212; meaning in Constitution, 213; contract of future acquisitions and insolvency laws, 214; not limited to paper money obligations, 214; not necessary to enumerate particular subjects, 215; humanitarian limitations, 215, 216; broad field without historical limitations, 216-18, 269, 271; New Jersey vs. Wilson, exemption of lands from taxation, 221-23; Dartmouth College case, right to change charter of public institution, 230 n., 235, 243; limitation to private rights, 234, 263; colleges as eleemosynary not civil corporations, 241-44, 247, 263, 264; Terrett vs. Taylor, private rights under grants to towns, 243 n., 246; precedents in Dartmouth College case, 245-47; college charters as contracts, 262; purpose of college does not make it public institution, 264; nor does act of incorporation, 265-68; rights of non-profiting trustees, 268, 269; and public policy, 270-72; as element in strife of political theories, 370; and Kentucky occupying claimant law, 375-77, 380-82; Ogden vs. Saunders, future, not violated by insolvency laws, 480; M.'s dissent, 481.

Conway Cabal, =1=, 121-23.

Cook, Daniel P., on Missouri question, =4=, 342.

Cooke, ----, tavern at Raleigh, =4=, 65.

Cooke, John R., in Virginia Constitutional Convention, =4=, 502 n.

Cooper, Thomas, sedition trial, =3=, 33, 34, 86.

Cooper, William, on Jefferson-Burr contest, =2=, 546 n.

Cooper vs. Telfair, =3=, 612.

Corbin, Francis, and calling of Virginia Ratification Convention, =1=, 245; in Ratification Convention; characterized, 396; in the debate, 396, 435; on detailed debate, 432; on badges of aristocracy, =2=, 78.

Cornwallis, Earl of, Brandywine, =1=, 95.

Corporations, M.'s definition, =4=, 265; M.'s opposition to State regulation, 479; presumptive authorization of agency, M.'s dissent, 482, 483. See also Contracts.

Correspondence, M.'s negligence, =1=, 183 n., =4=, 203 n.

Cotton, effect of invention of gin, =3=, 555.

Council of State of Virginia, M.'s election to, =1=, 209; as a political machine, 210, 217 n.; M. forced out, 211, 212.

Counterfeiting, of paper money, =1=, 297, =4=, 195.

County court system of Virginia, political machine, =4=, 146, 147, 485-88; debate in Constitutional Convention on (1830), 491-93.

Court days, as social event, =1=, 284. See also Judiciary.

Court martial, M. on jurisdiction, =2=, 447, 448.

Coxe, Tench, on British depredations on neutral trade, =2=, 506 n.

Craig, Hiram. See Craig vs. Missouri.

Craig vs. Missouri, facts, State loan certificates, =4=, 509; M.'s opinion, certificates as bills of credit, 510-12; his reply to threat of disunion, 512; dissenting opinions, 513; and renewal of attack on Supreme Court, 514-17; repudiated, 584 n.

Cranch, William, and trial of Swartwout and Bollmann, =3=, 344, 346.

Crawford, Thomas H., and attack on Supreme Court, =4=, 515.

Crawford, William H., and Yazoo frauds, =3=, 552; and recharter of first Bank of the United States, =4=, 174, 175; and Treasury portfolio (1825), 462 n.; and American Colonization Society, 474.

Creek Indians, power, =3=, 553.

Crèvecoeur, Hector St. John de, on frontier farmers, =1=, 30 n.

Crime, M. on jurisdiction over cases on high seas, =2=, 465-67; Federal punishment of common-law offenses, =3=, 23-29. See also Alien and Sedition Acts; Extradition.

Crisis of 1819, banking and speculation, =4=, 176-85; bank suits to recover loans, 185, 198; popular demand for more money, 186; character of State bank notes, 191-96; early mismanagement of second Bank of the United States, 196; its reforms and demands on State banks force crisis, 197-99; popular hostility to it, 198, 199, 206; lax bankrupt laws and frauds, 200-03; influence on M., 205; distress and demagoguery, 206; movement to destroy Bank of United States through State taxation, 206-08; M.'s decisions as remedies, 208, 220. See also Dartmouth College vs. Woodward; M'Culloch vs. Maryland; Sturges vs. Crowninshield.

Crissy, James, publishes biography of Washington, =3=, 273 n.

Crouch, Richard, on M., =4=, 67 n.

Crowninshield, Richard. See Sturges vs. Crowninshield.

Culpeper County, Va., minute men, =1=, 69.

Curtius letters on M.'s candidacy (1798), =2=, 395, 396; recalled, =3=, 534.

Cushing, William, and Chief Justiceship, =3=, 121 n.; Fletcher vs. Peck, 584, 585 n.; death, =4=, 60, 106.

Cushman, Joshua, on expansion, =4=, 342 n.

Cutler, Manasseh, on Chase trial, =3=, 183 n., 212 n., 217 n., 221.

Daggett, David, counsel in Sturges vs. Crowninshield, =4=, 209; on Holmes in Dartmouth College case, 253 n.

Dallas, Alexander J., in Fries trial, =3=, 36; and Burr, 68 n.; counsel in Nereid case, =4=, 131.

Dana, Edmund P., testimony in Burr trial, =3=, 491.

Dana, Francis, and X. Y. Z. Mission, =2=, 227; sedition trial, =3=, 44-46; on declaring acts void, 117.

Dana, Samuel W., Jonathan Robins case, =2=, 472, 475; in Judiciary debate (1802), =3=, 90, 91; on Chandler case, 130 n.; and Eaton's report on Burr's plans, 305 n.

Dandridge, Julius B., case, =4=, 482.

Daniel, Henry, attack on Supreme Court, =4=, 515.

Daniel, William, grand juror on Burr, =3=, 413 n.

Dartmouth, Earl of, and Dartmouth College, =4=, 224.

Dartmouth College vs. Woodward, origin of college, charter, =4=, 223-26; troubles, 226-29; political involution, 229; State reorganization and annulment of charter, 230, 231; rival administrations, 231-33; Story's relationship, 232, 243 n., 251, 252, 257, 259 n., 274, 275; counsel, 233, 234, 237-40, 259; case, 233; story of recruiting Indian students, 233 n.; State trial and decision, 234-36; appeal to Supreme Court, lack of public interest there, 236; argument, 240-55; effort to place case on broader basis, 244, 251, 252; Webster's tribute to Dartmouth, 248-50; continued, 255; influences on Justices, Kent, 255-58, 258 n., 259 n.; fees and portraits, 255 n.; value of Shirley's book on, 258 n., 259 n.; Pinkney's attempt to reopen, frustrated by M., 259-61, 274; M.'s opinion, 261-73; judgment nunc pro tunc, 273; later public attention, 275; far-reaching consequences, modern attitude, 276-81; recent discussions, 280 n. See also Contracts.

Daveiss, Joseph Hamilton, Federal appointment, =2=, 560 n.; and Burr conspiracy, =3=, 315-19; middle name, 317 n.; pamphlet, 525.

Davis, ----, on "Hail, Columbia!" =2=, 343 n.

Davis, David, on Dartmouth College case, =4=, 280.

Davis, John, and M.'s candidacy for President, =4=, 33; identity, 34 n.

Davis, Judge John, United States vs. Palmer, =4=, 126.

Davis, Sussex D., anecdote of M., =4=, 83 n.

Davis, Thomas T., in debate on repeal of Judiciary Act, =3=, 74.

Davis, William R., on Judiciary Act of 1789, =3=, 54; Granville heirs case, =4=, 154; report on Supreme Court, 515.

Dawson, Henry B., on bribery in Massachusetts Ratification, =1=, 354 n.

Dawson, John, in Virginia Ratification Convention, =1=, 470.

Dawson's Lessee vs. Godfrey, =4=, 54 n.

Dayson, Aquella, sells land to M., =1=, 196.

Dayson, Lucy, sells land to M., =1=, 196.

Dayton, Jonathan, support of Adams (1800), =2=, 518; in debate on repeal of Judiciary Act, =3=, 67; and Pickering impeachment, 167, 168 n.; and Burr conspiracy, 290, 291, 300, 308; career, 290 n.; Indiana Canal Company, 291 n.; nolle prosequi, 515; security for Burr, 517.

Deane, Silas, and Beaumarchais, =2=, 292 n.

Dearborn, Henry, and Ogden-Smith trial, =3=, 436 n.

Debating at William and Mary, =1=, 158.

Debts, spirit of repudiation of private, =1=, 294, 298; imprisonment for, =3=, 13 n., 15 n., =4=, 215, 216; and hostility to lawyers, =3=, 23 n.; M. on political factor under Confederation, 259-61. See also British debts; Contracts; Crisis of 1819; Finances; Public debts.

Decatur, Stephen, and Burr conspiracy, =3=, 302, 303; at trial of Burr, testimony, 452, 458, 488 n.; career and grievance, 458 n.

Declaration of Independence, anticipated, =3=, 118; M.'s biography of Washington on, 244.

Declaring acts void, Henry on, =1=, 429; M. on, in Ratification debate, 452, 453, =2=, 18; Jefferson's suppressed paragraph on (1801), =3=, 52; congressional debate on judicial right (1802), 60, 62, 64, 67-71, 73, 74, 82, 85, 87, 91; M.'s preparation for assertion of power, 104, 109; Kentucky and Virginia Resolutions and State Rights doctrine, 105-08; effect of this, 108; necessity of decision on power, 109, 131; problem of vehicle for assertion, 111, 121-24; dangers involved in M.'s course, 111-14; question in Federal Convention, 114-16; importance of Marbury vs. Madison, unique opportunity, 116, 118, 127, 131, 142; no new argument in it, M.'s knowledge of previous opinions, 116-20, 611-13; condition of Supreme Court as obstacle to M.'s determination, 120; dilemma of Marbury vs. Madison as vehicle, solution, 126-33; opinion on power in Marbury vs. Madison, 138-42; effect of decision on attacks on Judiciary, 143, 153, 155; Jefferson and opinion, 143, 144, 153; lack of public notice of opinion, 153-55; M. suggests legislative reversal of judicial opinions, 177, 178; bibliography, 613; M.'s avoidance in Federal laws, =4=, 117, 118; his caution in State laws, 261; Supreme Court action on State laws, 373, 377; proposed measures to restrict it, 378-80. See also Judiciary; and, respecting State laws, Appellate jurisdiction; Contracts; Eleventh Amendment, and the following cases: Brown vs. Maryland; Cohens vs. Virginia; Craig vs. Missouri; Dartmouth College vs. Woodward; Fletcher vs. Peck; Gibbons vs. Ogden; Green vs. Biddle; M'Culloch vs. Maryland; Martin vs. Hunter's Lessee; New Jersey vs. Wilson; Osgood vs. Bank; Sturges vs. Crowninshield; Terrett vs. Taylor; Worcester vs. Georgia.

Dedham, Mass., denounces lawyers, =3=, 23 n.

Delaware, Ratification, =1=, 325.

Delaware Indians, New Jersey land case, =4=, 221-23.

Demagogism, opportunity and tales under Confederation, =1=, 290-92, 297, 309; J. Q. Adams on opportunity, =2=, 17; and crisis of, 1819, =4=, 206. See also Government.

Democracy, growth of belief in restriction, =1=, 252, 253, 300-02, 308; union with State Rights, =3=, 48; M.'s extreme lack of faith in, 109, 265, =4=, 4, 55, 93, 479-83, 488; chaotic condition after War of 1812, =4=, 170. See also Government; People; Social conditions.

Democratic Party, as term of contempt, =2=, 439 n., =3=, 234 n. See also Republican Party.

Democratic societies, development, =2=, 38; opposition and support, 38-41; decline, 41; and Whiskey Insurrection, 88; and Jay's negotiations, 113.

Denmark, and Barbary Powers, =2=, 499.

Dennison, ----, and Yazoo lands act, =3=, 547.

De Pestre, Colonel, attempt to seduce, =3=, 515 n.

Despotism, demagogic fear, =1=, 291; feared under Federal Constitution, 333; in Ratification debate, 352, 398, 400, 404, 406, 409-11, 417, 427, 428.

Dexter, Samuel, and M. (1796), =2=, 198; Secretary of War, 485, 493, 494; Aurora on, 492; seals M.'s commission, 557; and M.'s logic, =4=, 85; as practitioner before M., 95; counsel in Martin vs. Hunter's Lessee, 161; as court orator, 133.

Dickinson, John, in Federal Convention, on declaring acts void, =3=, 115 n.

Dickinson, Philemon, and intrigue against Adams, =2=, 529 n.

Diligente, Amelia case, =3=, 16.

Dinners, as form of social life in Richmond, =3=, 394; of Quoit Club, =4=, 77; M.'s lawyer, 78, 79.

Direct tax, Fries's Insurrection and pardon, =2=, 429-31, 435, =3=, 34-36. See also Taxation.

Directory, M. declines mission to, =2=, 144-46; 18th Fructidor, 230, 245 n., 246 n.; M. on it, 232, 236-44; M.'s analysis of economic conditions, 267-70; English negotiations (1797), 295; preparations against England (1798), 321, 322; need of funds, 322, 323. See also Franco-American War; French Revolution; X. Y. Z. Mission.

Discipline, in Revolutionary army, =1=, 87, 120.

Disestablishment, Virginia controversy, =1=, 221, 222; in New Hampshire, =4=, 227, 230 n.

Disputed Elections Bill (1800), =2=, 452-58.

District-attorneys, United States, plan to remove Federalist, =3=, 21.

District of Columbia, popular fear of, =1=, 291, 438, 439, 456, 477. See also Capital; Washington, D.C.

Divina Pastora case, =4=, 128.

Division of powers, arguments on, during Ratification, =1=, 320, 334, 375, 382, 388, 405, 438; supremacy of National powers, =4=, 293, 302-08, 347-49, 438. See also Nationalism.

Divorce, by legislation, =2=, 55 n.

Doddridge, Philip, in Virginia Constitutional Convention, =4=, 502 n.; on attack on Supreme Court, 515.

Domicil in enemy country, enemy character of property, =4=, 128, 129.

Dorchester, Lord, Indian speech, =2=, 111.

Drake, James, and sedition trial, =3=, 32.

Dred Scott case, and declaring Federal acts void, =3=, 132 n.

Dress, frontier, =1=, 40; of Virginia legislators, 59, 200; contrast of elegance and squalor, 280; of early National period, =3=, 396, 397.

Drinking, in colonial and later Virginia, =1=, 23; rules of William and Mary College on, 156 n.; extent (c. 1800), 186 n., 281-83, =2=, 102 n., =3=, 400, 501 n.; M.'s wine bills, =1=, 186; distilleries, =2=, 86 n.; at Washington, =3=, 9; frontier, =4=, 189 n.

Duane, William, prosecution by Senate, =2=, 454 n.; trial for sedition, =3=, 46 n.; advances to Blennerhassett, 514. See also Aurora.

Duché, Jacob, beseeches Washington to apostatize, =1=, 105.

Duckett, Allen B., and Swartwout and Bollmann, =3=, 346.

Dueling, prevalence, =3=, 278 n.

Dunbar, Thomas, in Braddock's defeat, =1=, 5.

Dunbaugh, Jacob, and trial of Burr, evidence, =3=, 393, 459, 462, 463; credibility destroyed, 523.

Dunmore, Lord, Norfolk raid, =1=, 74-79.

Dutrimond, ----, and X. Y. Z. Mission, =2=, 326.

Duval, Gabriel, appointed Justice, =4=, 60; and Dartmouth College case, 255; dissent in Ogden vs. Saunders, 482 n.; resigns, 582, 584; and Briscoe vs. Bank and New York vs. Miln, 583.

Dwight, Theodore, on Republican rule (1801), =3=, 12.

Early, Peter, argument in Chase trial, =3=, 197.

Eaton, John H., on Supreme Court, =4=, 451.

Eaton, William, on Jefferson, =3=, 149 n.; antagonism to Jefferson, 302; career in Africa, 302 n., 303 n.; conference with Burr, report of it, 303-05, 307; affidavit on Burr's statement, 345, 352; claim paid, 345 n.; at trial of Burr, testimony, 429, 452, 459, 487; loses public esteem, 523.

Economic conditions, influence on Federal Convention and Ratification, =1=, 241, 242, 310, 312, 429 n., 441 n.; prosperity during Confederation, 306; influence on attitude towards French Revolution, =2=, 42; and first parties, 75, 96 n., 125 n. See also Banking; Commerce; Contracts; Crisis of 1819; Land; Prices; Social conditions.

Edinburgh Review, on M.'s biography of Washington, =3=, 271; on United States (1820), =4=, 190 n.

Education, of colonial Virginia women, =1=, 18 n., 24 n.; in colonial Virginia, 24; M.'s, 42, 53, 57; condition under Confederation, 271-73; M. on general, =4=, 472. See also Dartmouth College vs. Woodward; Social conditions.

Eggleston, Joseph, grand juror on Burr, =3=, 412.

Egotism, as National characteristic, =3=, 13.

Eighteenth Fructidor coup d'état, =2=, 230, 245 n., 246 n.; M. on, 232, 236-44; Pinckney and, 246 n.

Elections, Federal, in Virginia (1789), =2=, 49, 50; (1794), 106; State, in Virginia (1795), 129-30; Henry and presidential candidacy (1796), 156-58; M.'s campaign for Congress (1798), 374-80, 401, 409-16; issues in 1798, 410; methods and scenes in Virginia, 413.

1800: Federalist dissensions, Hamiltonian plots, =2=, 438, 488, 515-18, 521, 526; issues, 439, 520; influence of campaign on Congress, 438; Federalist bill to control, M.'s defeat of it, 452-58; effect of defeat of bill, 456; effect of Federalist dissensions, 488; Adams's attack on Hamiltonians, 518, 525; Adams's advances to Jefferson, 519; Republican ascendancy, 519, 521; and new French negotiations, 522, 524; M.'s efforts for Federalist harmony, 526; Hamilton's attack on Adams, 527-29; campaign virulence, 529; size of Republican success, 531; Federalist press on result, 532 n.; Jefferson-Burr contest in Congress, 532-47; Jefferson's fear of Federalist intentions, 533; reasons for Federalist support of Burr, 534-36; Burr and Republican success, 535 n.; M.'s neutrality, 536-38; his personal interest in contest, 538, 539; influence of his neutrality, 539; Burr's refusal to favor Federalist plan, 539 n.; Washington Federalist's contrast of Jefferson and Burr, 541 n.; question of deadlock and appointment of a Federalist, 541-43; Jefferson's threat of armed resistance, 543; Federalists ignore threat, 544, 545 n.; effect of Burr's attitude and Jefferson's promises, 545-47, =3=, 18; election of Jefferson, =2=, 547; rewards to Republican workers, =3=, 81 n.

1804: Campaign and attacks on Judiciary, =3=, 184.

1812: M.'s candidacy, =4=, 31-34; Clinton as candidate, 47; possible victory if M. had been nominated, 47.

1828: M. and, 462-65.

1832: Bank as issue, 532 n., 533; M.'s attitude, 534.

Electoral vote, counting in open session, =3=, 197.

Eleventh Amendment, origin, =2=, 84 n., =3=, 554; purpose and limitation, =4=, 354; and suits against State officers, 385, 387-91.

Elkison, Henry, case, =4=, 382.

Elliot, James, on Wilkinson's conduct, =3=, 358.

Elliot, Jonathan, inaccuracy of Debates, =1=, 388 n.

Ellsworth, Oliver, and presidential candidacy (1800), =2=, 438; on Sedition Law, 451; resigns Chief Justiceship, 552; and common-law jurisdiction on expatriation, =3=, 27, =4=, 53; and Judiciary Act of 1789, =3=, 53, 128; on obligation of contracts, 558 n.

Ellsworth, William W., and attack on Supreme Court, =4=, 515.

Emancipation, as involved in Nationalist development, =4=, 370, 420, 536.

Embargo Act, =4=, 11; effect, opposition, 12-16; M.'s opinion, 14, 118; Force Act, 16; repeal, 22. See also Neutral trade.

Emmet, Thomas A., as practitioner before M., =4=, 95, 135 n.; counsel in Nereid case, 131; appearance, 133; counsel in Gibbons vs. Ogden, 424, 427.

Eppes, John W., and attempt to suspend habeas corpus (1807), =3=, 348; and amendment on Judiciary, =4=, 378 n.

Eppes, Tabby, M.'s gossip on, =1=, 182.

Equality, demand for division of property, =1=, 294, 298; lack of social (1803), =3=, 13.

Equity, M. and Virginia act on proceedings (1787), =1=, 218-20. See also Judiciary.

Erskine, David M., non-intercourse controversy, =4=, 22.

Everett, Edward, and Madison's views on Nullification, =4=, 556.

Exchange case, =4=, 121-25.

Excise, unpopularity of Federal, =2=, 86; New England and, 86 n. See also Taxation; Whiskey Insurrection.

Exclusive powers, and State bankruptcy laws, =4=, 208-12. See also Gibbons vs. Ogden.

Expatriation, Ellsworth's denial of right, =3=, 27; and impressment, 27 n. See also Impressment.

Exterritoriality of foreign man-of-war, =4=, 122-25.

Extradition, foreign, Virginia act (1784), =1=, 235-41; Jonathan Robins case, =2=, 458-75.

"Faction," as a term of political reproach, =2=, 410 n.

Fairfax, Baron, career and character, =1=, 47-50; influence on Washington and M.'s father, 50. See also Fairfax estate.

Fairfax, Denny M., M.'s debt, =3=, 223; and Hunter's grant, =4=, 147; sale of land to M.'s brother, 150 n.

Fairfax estate, M.'s argument on right, =1=, 191-96; M.'s purchase and title, 196, =2=, 100, 101, 203-11, 371, 373, =3=, 582; in Reconstruction debate, =1=, 447-49, 458; Jay Treaty and, =2=, 129; controversy over title, Virginia Legislature and compromise, 206, 209, =4=, 148-50; and Judiciary Bill (1801), =2=, 551; M.'s children at, =4=, 74; M.'s life at, 74. See also Martin vs. Hunter's Lessee.

Fairfax's Devisee vs. Hunter's Lessee. See Martin vs. Hunter's Lessee.

Falls of the Ohio, Burr's plan to canalize, =3=, 291 n.

Farmicola, ----, tavern in Richmond, =1=, 172.

Farrar, Timothy, Report of Dartmouth College case, =4=, 250 n.

Fauchet, Jean A. J., and Randolph, =2=, 146.

Fauquier County, Va., minute men, =1=, 69.

Faux, William, on frontier inhabitants, =4=, 188, 189 n., 190, 190 n.

Federal Constitution, constitutionality of assumption, =2=, 66; Bank, 71-74; and party politics, 75; excise, 87; neutrality proclamation, 95; treaty-making power, 119, 128, 133, 134-36, 141; Alien and Sedition Acts, 383, 404. See also Amendment; Federal Convention; Government; Marshall, John (Chief Justice); Nationalism; Ratification; State Rights.

Federal Convention, economic mainspring, =1=, 241, 242, 310, 312; demand for a second convention, 242, 248, 355, 362, 379-81, 477, =2=, 49, 57 n.; class of Framers, =1=, 255 n.; secrecy, 323, 335, 405; revolutionary results, 323-25, 373, 375, 425; and declaring acts void, =3=, 114-16; M.'s biography of Washington on, 262; and treason, 402; on obligation of contracts, 557 n., 558 n.; commerce clause, =4=, 423. See also Ratification.

Federal District. See District of Columbia.

Federalist, influence on Marbury decision, =3=, 119, 120.

Federalist Party, use, =2=, 74-76; economic basis, 125 n.; leaders impressed by M. (1796), 198; effect of X. Y. Z. Mission, 355, 358; fatality of Alien and Sedition Acts, 361, 381; issues in 1798, 410; French hostility as party asset, 422, 424, 427; and Adams's renewal of negotiations, 422-28; and pardon of Fries, 429-31; M.'s importance to, in Congress, 432, 436; M. and breaking-up, 514, 515, 526; hopes in control of enlarged Judiciary, 547, 548; in defeat, on Republican rule, =3=, 11-15; Jefferson on forebodings, 14; Judiciary as stronghold, Republican fear, 20, 21, 77; and plans against Judiciary, 22; and perpetual allegiance, 27 n.; and Louisiana Purchase, 148-53; and impeachment of Chase, 173; moribund, 256, 257; M. on origin, 259-61; secession plots and Burr, 281, 298; intrigue with Merry, 281, 288; as British partisans, =4=, 1, 2, 9, 10; and Chesapeake-Leopard affair, 9; and Embargo, 12-17; and Erskine, 22; and War of, 1812, 30, 45, 46, 48. See also Congress; Elections; Politics; Secession.

Fenno, John, on troubles of conservative editor, =2=, 30.

Fertilizing Co. vs. Hyde Park, =4=, 279 n.

Few, William, and Judiciary Act of 1789, =3=, 129.

Fiction, M.'s fondness, =1=, 41, =4=, 79.

Field, Peter, =1=, 11 n.

Filibustering, first act against, =1=, 237.

Finances, powerlessness of Confederation, =1=, 232, 295-97, 304, 387, 388, 415-17. See also Banking; Bankruptcy; Debts; Economic conditions; Money; Taxation.

Finch, Francis M., on treason, =3=, 401.

Findley, John, on Yazoo claims, =3=, 579.

Finnie, William, relief bill, =1=, 215.

Fisher, George, M.'s neighbor, =2=, 172; and Bank of Virginia, =4=, 194.

Fiske, John, on Dartmouth College case, =4=, 277.

Fitch, Jabez G., and Lyon, =3=, 31, 32.

Fitch, John, steamboat invention, =4=, 399 n., 409 n.

Fitzhugh,----, at William and Mary, =1=, 159.

Fitzhugh, Nicholas, and Swartwout and Bollmann, =3=, 346.

Fitzhugh, William H., in Virginia Constitutional Convention, =4=, 501 n.

Fitzpatrick, Richard, in Philadelphia society, =1=, 110.

Fleming, William, of Virginia Court of Appeals, =4=, 148.

"Fletcher of Saltoun," attack on M., =4=, 361 n.

Fletcher, Robert. See Fletcher vs. Peck.

Fletcher vs. Peck, decision anticipated, =3=, 88; importance and results, 556, 593-95, 602; origin, 583; before Circuit Court, 584; before Supreme Court, first hearing, 585; collusion, Johnson's separate opinion, 585, 592, 601; second hearing, 585; M.'s opinion, 586-91; congressional denunciation of decision, 595-601.

Fleury, Louis, Stony Point, =1=, 140.

Flint, James, on newspaper abuse, =4=, 175 n.; on bank mania, 187, 188, 192 n., 193; on bankruptcy frauds, 202.

Flint, Timothy, on M.'s biography of Washington, =3=, 270.

Florida, Bowles's activity, =2=, 497-99; M. on annexation and territorial government, =4=, 142-44. See also West Florida.

Floyd, Davis, Indiana Canal Company, =3=, 291 n.; Burr conspiracy, 361.

Floyd, John, and Nullification, =4=, 567.

Folch, Visente, on Wilkinson, =3=, 284 n., 337 n.

Food, frontier, =1=, 39; of period of the Confederation, 280-82.

Foot, Samuel A., resolution and Hayne-Webster debate, =4=, 553 n.

Force Act (1809), =4=, 16.

Fordyce, Captain, battle of Great Bridge, =1=, 77.

Foreign relations, policy of isolation, =2=, 235, 388, =3=, 14. See also Neutrality.

Forsyth, John, attack on Supreme Court, =4=, 395.

Foster, Thomas F., attack on Supreme Court, =4=, 516.

Foushee, William, Richmond physician, =1=, 189 n.; candidacy for Ratification Convention, 364; and Richmond meeting on Jay Treaty, =2=, 152; grand juror on Burr, =3=, 413.

Fowler, John, on Judiciary Act of 1801, =2=, 561 n.

France, American alliance, =1=, 133, 138; hatred of Federalists, =4=, 2-5, 15. See also Directory; Franco-American War; French and Indian War; French Revolution; Napoleonic Wars; Neutral trade; X. Y. Z. Mission.

Franco-American War, preparations, =2=, 355, 357, 403; Washington on, 357; Jefferson and prospect, 358; French hostility as Federalist asset, 422, 424, 427; political result of reopening negotiations, 422-28, 433, 436; naval exploits, 427; M. and renewal of negotiations, 428; M. on need of continued preparedness, debate on reducing army (1800), 436, 439, 476-81; army as political issue, 439; Sandwich incident, 496; England and renewal of negotiations, 501; negotiations and presidential campaign, 522, 524; M. and prospects of negotiations, 522, 523; treaty, 524; treaty in Senate, 525; Amelia case, =3=, 16, 17. See also X. Y. Z. Mission.

Franklin, Benjamin, Albany Plan, =1=, 9 n.; on newspaper abuse, 268, 269, =3=, 204; in Federal Convention, on declaring acts void, 115 n.

Franklin, Jesse, and Pickering impeachment, =3=, 168 n.; of Smith committee, 541 n.

Franks, Rebecca, on British occupation of Philadelphia, =1=, 109.

Fraud, and obligation of contracts, =3=, 587, 598, 599.

Frederick County, Va., Indian raids, =1=, 1 n.

Fredericksburg, Va., as Republican stronghold (1798), =2=, 354.

Free ships, free goods, Jay Treaty and, =2=, 114, 128; and X. Y. Z. Mission, 303-05; and neutral goods in enemy ships, =4=, 137-41.

"Freeholder," queries to M. (1898), M.'s reply, =2=, 386-89, 574-77.

Freeman, Constant, and Burr conspiracy, =3=, 330.

French and Indian War, raids, =1=, 1, 30 n.; Braddock's march and defeat, 2-5; effect of defeat on colonists, 5, 6, 9.

French decrees on Neutral trade, =4=, 6, 7, 26, 36-39.

French Revolution, influence of American Revolution, =2=, 1; influence on United States, 2-4, 42-44; universality of early American approval, 4, 9; Morris's unfavorable reports, 6-9, 248; first division of American opinion, 10, 15, 22; Burke's warning, 10-12; influence of Paine's Rights of Man, 12-15; Adams's Publicola papers, 15-18; replies to them, 18, 19; American enthusiasm and popular support, 19, 22, 23, 27-31; influence on politicians, 20; influence of St. Domingo rising, 20-22; conservative American opinion, 23, 32, 40; Jefferson on influence, 24, 39; Jefferson's support of excesses, 24-26; Short's reports, 24 n., 25 n.; popular reception of Genêt, his conduct, 28, 29, 301; humors of popular enthusiasm, 34-36; and hostility to titles, 36-38; American democratic clubs, 38-40, 88, 89; economic division of opinion, 42; policy of American neutrality, 92-107; British depredations on neutral trade, question of war, 108-12; Jay Treaty, 112-15; support of Republican Party, 131 n., 223; Monroe as Minister, 222, 224; Henry's later view, 411. See also Directory.

Freneau, Philip, on country editor, =1=, 270 n.; on frontiersman, 275; defends French Revolution, =2=, 30 n.; on Lafayette, 33; as Jefferson's mouthpiece, 81; attacks on Washington, 93 n.; on Jay Treaty, 118.

Fries's Insurrection, pardons, =2=, 429-31, =3=, 36 n.; M. on, =2=, 435; trial, 8, 34-36.

Frontier, advance after French and Indian War, =1=, 38; qualities of frontiersmen, 28-31, 235, 274-77, =4=, 188-90; conditions of life, =1=, 39-41, 53, 54 n.; and Virginia foreign extradition act (1784), 236-41. See also West.

Frontier posts, retention and non-payment of British debts, =1=, 225, 227, 230, =2=, 108, 111; surrender, 114.

Fulton, Robert, steamboat experiments, Livingston's interest, =4=, 397-99; partnership and success, grant of New York monopoly, 400; and steamboats on the Mississippi, monopoly in Louisiana, 402, 414. See also Gibbons vs. Ogden.

Fulton Street, New York, origin of name, =4=, 402 n.

Funding. See Public debt.

Fur-trade, and retention of frontier posts, =2=, 108.

Gaillard, John, votes to acquit Chase, =3=, 218.

Gaines, Edward P., and Burr conspiracy, =3=, 367, 456 n.

Gallatin, Albert, and M. in Richmond (1784), =1=, 183; on Murray and French negotiations, =2=, 423 n.; and cession of Western Reserve, 446; and Jonathan Robins case, 464, 474; on Jefferson-Burr contest, 547; on Washington (1802), =3=, 4; commission on Georgia's cession, 574 n.

Gamble, John G., Burr's security, =3=, 429 n.

Garnett, James M., grand juror on Burr, =3=, 413 n.

Garnett, Robert S., on Nationalism and overthrow of slavery, =4=, 536.

Gaston, William, and Granville heirs case, =4=, 156 n.

Gates, Horatio, Conway Cabal, =1=, 121-23.

Gazette of the United States, lack of public support, =2=, 30; on M.'s reception (1798), 344; on Republican success (1800), 532 n.

Gazor, Madame de, actress, =2=, 232.

General welfare, clause feared, =1=, 333; M. on protection (1788), 414; and internal improvements, =4=, 418. See also Implied powers.

Georgetown in 1801, =3=, 3.

Genêt, Edmond C., popular and official reception, =2=, 28, 29; M.'s review of conduct, 301.

Georgia, Ratification, =1=, 325; conditions (1795), =3=, 552; western claim and cession, 553, 569, 570, 573; tax on Bank of the United States, =4=, 207; and M'Culloch vs. Maryland, 334; steamboat monopoly, 415. See also Cherokee Indians; Yazoo.

Georgia Company, Yazoo land purchase, =3=, 550. See also Yazoo.

Georgia Mississippi Company, Yazoo land purchase, =3=, 550. See also Yazoo.

Germantown, Pa., battle, =1=, 102.

Germantown, Va., on frontier, =1=, 7.

Gerry, Elbridge, on revolutionary action of Framers, =1=, 324; and Ratification, 352, 353; on Judiciary Act of 1789, =3=, 54; accident (1790), 55 n.; in Federal Convention, on declaring acts void, 115 n.; and on obligation of contracts, 558 n. See also X. Y. Z. Mission.

Gettysburg Address, M. and, =4=, 293 n.

Gibbons, Thomas, and Livingston steamboat monopoly, =4=, 409-11. See also Gibbons vs. Ogden.

Gibbons vs. Ogden, steamship monopoly in New York, =4=, 401; claim to monopoly in interstate voyages, opposition, retaliatory acts, 403, 404, 415; early suits on monopoly, avoidance of Federal Constitution, 405; Kent's opinion on monopoly and power over interstate commerce, 406-12; concurrent or exclusive power, 409, 426, 427, 434-38, 443-45; early history of final case, 409-12; importance and effect of decision, 413, 423, 429, 446, 447, 450; counsel before Supreme Court, 413, 423, 424; continuance, 413; increase of State monopoly grants, 414, 415; great development of steamboat transportation, 415, 416; suit and internal improvements controversy, 416-21; and tariff controversy, 421; political importance, 422; specific question, 422; origin of commerce clause in Constitution, 422; argument, 424-37; confusion in State regulation, 426; M.'s earlier decision on subject, 427-29; M.'s opinion, 429-33; field of term commerce, navigation, 431, 432; power oversteps State boundaries, 433; supremacy of National coasting license over State regulations, 438-41; effect of strict construction, 442; Johnson's opinion, 443; popularity of decision, 445; later New York decision upholding, 447-51.

Gibson, John B., and M., =4=, 82.

Gilchrist vs. Collector, =3=, 154 n.

Giles, William B., attack on Hamilton, =2=, 84 n.; on Jay Treaty and Fairfax estate, 129; accuses M. of hypocrisy, 140; on Washington, 165 n.; deserts Congress (1798), 340 n.; and Judiciary Bill (1801), 551; and assault on Judiciary, repeal of Act of 1801, =3=, 22, 76-78, =4=, 490, 491; as House leader, =3=, 75; appearance, 76; and M., 76 n.; accident (1805), 55 n.; on spoils, 157; leader in Senate, 157 n., 159 n.; on right of impeachment, 158, 173; attempt to win Burr, 182; and Chase trial, 197; vote on Chase, 218, 219; and bill to suspend habeas corpus (1807), 346; and Judiciary and Burr trial, 357, 382, 507; and grand jury on Burr, 410, 422; and attempted expulsion of Senator Smith, 544; on Yazoo claims, 581; on Federalists as Anglicans, =4=, 10; and recharter of first Bank of the United States, 174; in Virginia Constitutional Convention, 484; conservatism there, 489, 507; in debate on State Judiciary, 490-492, 496, 499; reflects on Jefferson, 491.

Gilmer, Francis W., on M. as a lawyer, =2=, 178, 193-95; character, 396 n.

Gindrat, Henry, and Yazoo lands act, =3=, 546, 547.

Goddard, Calvin, in Judiciary debate (1802), =3=, 74 n., 87.

Goode, Samuel, and slavery, =2=, 450.

Goodrich, Chauncey, on Federalist confusion (1800), =2=, 516; and new French negotiations, 522; on Dartmouth College case, =4=, 237 n., 248.

Goodrich, Samuel G., on state of education (c. 1790), =1=, 271.

Gordon, William F., and bill on Supreme Court, =4=, 515, 516.

Gore, Christopher, argument for Ratification, =1=, 343.

Gorham, Nathaniel, on Constitutionalist leaders in Massachusetts, =1=, 347 n.

Government, general dislike after Revolution, =1=, 232, 275, 284, 285, 289; effect of Paine's Common Sense, 288. See also Anarchy; Bill of Rights; Confederation; Congress; Continental Congress; Crime; Demagogism; Democracy; Despotism; Division of powers; Federal Constitution; Judiciary; Law and order; Legislature; Liberty; License; Majority; Marshall, John (Chief Justice); Monarchy; Nationalism; Nobility; Nullification; People; Police powers; Politics; President; Religious tests; State Rights; Secession; Separation of powers; Treason; Suffrage.

Governor, powers of territorial, =2=, 446.

Grace, brig, =2=, 219.

Graham, Catharine M., on American and French revolutions, =2=, 2 n.

Graham, John, and Burr conspiracy, =3=, 323, 324, 326, 456 n.

Grand jury, character of early Federal charges, =3=, 30 n.; in Burr trial, 408-15, 422, 442, 451.

Granger, Gideon, and drinking, =3=, 9 n.; and Yazoo claims, Randolph's denunciation, 576 n., 577, 578, 581; and Connecticut Reserve, 578; and Justiceship, =4=, 109, 110.

Granville heirs case, =4=, 154, 155, 155 n., 156 n.

Graves, James, case, =4=, 552 n.

Gravier, John, New Orleans batture controversy, =4=, 102.

Gray, William F., on M., =4=, 67 n.

Graydon, Alexander, on Ratification in Pennsylvania, =1=, 327 n.; on military titles, 328 n.; on reception of Genêt, =2=, 29.

Grayson, William, in the Legislature, =1=, 203; on Ratification in Virginia, 402, 403 n.; characterized, 423; in debate in Ratification Convention, 424-27, 431, 435, 436, 438, 461, 470; appeal to fear, 439 n.; on prospect of Ratification, 442, 444; on Washington's influence on it, 475; chosen Senator, =2=, 50; on Judiciary Act of 1789, =3=, 54.

Great Bridge, battle of, =1=, 76-78.

Great Britain, Anti-Constitutionalist praise of government, =1=, 391, 405, 426; M.'s reply, 418; depredations on neutral trade (1793-94), =2=, 107, 108; retention of frontier posts, 108; unpreparedness for war with, 108-10; courts war, 110-12; Jay Treaty, 112-15; American and French relations and X. Y. Z. Mission, 271, 283, 312, 321, 322; French negotiations (1797), 295; French preparations to invade (1798), 321, 322; and Bowles in Florida, 498; disruption of commission on British debts, compromise, 500-05; and renewal of American negotiations with France, 501; M.'s protest on depredations on neutral trade, 506-14; Federalists as partisans, =4=, 2-5, 9, 10; Jefferson's hatred, 8, 11 n., 26 n. See also American Revolution; British debts; Jay Treaty; Napoleonic Wars; Neutral trade; War of 1812.

Green, John. See Green vs. Biddle.

Green vs. Biddle, =4=, 375, 376, 380.

Greene, Nathanael, on state of the army (1776), =1=, 81; intrigue against, 122; as Quartermaster-General, 133; Johnson's biography, =3=, 267 n.

Greene, Mrs. Nathanael, and Eli Whitney, =3=, 555.

Gregg, Andrew, and reply to President's address (1799), =2=, 436.

Grenville, Lord, and British debts, =2=, 502.

Grey, Sir Charles, in Philadelphia campaign, =1=, 100.

Greybell, ----, evidence in Burr trial, =3=, 451.

Griffin, Cyrus, Ware vs. Hylton, =2=, 188; and trial of Burr, =3=, 398; Jefferson's attempt to influence, 520; question of successor, =4=, 100, 103-06; career, 105 n.

Grigsby, Hugh B., on hardships of travel, =1=, 260; on prosperity of Virginia, 306 n.; on importance of Virginia in Ratification, 359; value of work on Virginia Ratification Convention, 369 n.; on Giles, =3=, 75 n.

Griswold, Roger, Judiciary Bill (1801), =2=, 548; in Judiciary debate (1802), =3=, 74 n., 89; on bill on sessions of Supreme Court, 96; on secession, 152; and Burr and secession, 281, 289.

Grundy, Felix, and War of 1812, =4=, 29.

Gunn, James, on enlargement of Federal Judiciary, =2=, 548; on Chief Justiceship, 553; and Yazoo lands, =3=, 549, 550, 555; character, 550 n.; burned in effigy, 559.

Gurley, R. R., and M. and American Colonization Society, =4=, 474.

Habeas corpus, attempt of Congress to suspend privileges of writ (1807), =3=, 346-48.

Hague, The, M. on, =2=, 231.

"Hail, Columbia!" origin, historic importance, =2=, 343.

Hale, Benjamin, and Dartmouth College case, =4=, 239 n.

Hale, Joseph, on Republican rule (1801), =3=, 12; on plans against Judiciary, 22.

Hall, John E., and Jefferson's attack on Judiciary, =4=, 364.

Hamilton, Alexander, in Philadelphia campaign, =1=, 101; army intrigue against, 122; on revolutionary action of Framers, 323 n.; and organization of Constitutionalists, 357, 358; on importance of Ratification by Virginia, 358; compared with Madison, 397 n.; financial aid to Lee, 435 n.; and aid for Fenno, =2=, 30 n.; financial measures, 60; deal on Assumption and Capital, 63, 64; on Virginia's protest on Assumption, 68; on constitutionality of Bank, 72-74; and antagonism in Cabinet, 82; congressional inquiry, 84; and Whiskey Insurrection, 87; on constitutionality of Neutrality Proclamation, 95; on mercantile support of Jay Treaty, 116, 148; mobbed, 116; defense of Jay Treaty, Camillus letters, 120; and Henry's presidential candidacy (1796), 157 n.; and appointment to X. Y. Z. Mission, 227; on Alien and Sedition Acts, 382; on Kentucky and Virginia Resolutions, 408; control over Adams's Cabinet, 486-88; attack on Adams, 516, 517 n., 527-29; on new French treaty, 524; and Jefferson-Burr contest, 533, 536; statement in Federalist on judicial supremacy, =3=, 119, 120; Adams on, and French War, 258 n.; M.'s biography of Washington on, 263; pursuit of Burr, 277 n., 281; duel, 278 n.; and army in French War, 277 n.; and Spanish America, 286 n.; opinion on Yazoo lands, 568, 569; and Harper's opinion, 572 n.

Hamilton, James, Jr., on Tariff of 1824, =4=, 537; and of 1828, 537; and Nullification, 560, 574.

Hammond, Charles, counsel in Osborn vs. Bank, =4=, 385.

Hampton, Wade, and Yazoo lands, =3=, 548, 566 n.

Hancock, John, and Ratification, =1=, 339, 344, 347; Madison on, 339 n.

Handwriting, M.'s, =1=, 211.

Hanson, A. C, on Embargo and secession, =4=, 17.

Harding, Chester, portraits of M., on M., =4=, 76, 85.

Harding, Samuel B., on bribery in Massachusetts Ratification, =1=, 354 n.

Hare, Charles W., on Embargo, =4=, 17 n.

Harper, John L., Osborn vs. Bank, =4=, 329, 330.

Harper, Robert G., on French and Jefferson (1797), =2=, 279 n.; mob threat against, 355; cites Marbury vs. Madison, =3=, 154 n.; counsel for Chase, 185; argument, 206; counsel for Swartwout and Bollmann, 345; and Yazoo lands, pamphlet and debate, 555, 571, 572, 573 n.; counsel in Fletcher vs. Peck, 585; and Story, =4=, 98; on Pinkney, 131 n.; counsel in Fairfax's Devisee vs. Hunter's Lessee, 156; counsel in Osborn vs. Bank, 385.

Harper, William, Marbury vs. Madison, =3=, 110.

Harrison, Benjamin, and British debts, =1=, 231; in the Legislature, 203; in Ratification Convention: and delay, 372; characterized, 420; in the debate, 421; and amendments, 473.

Harrison, Thomas, grand juror on Burr, =3=, 413 n.

Harrison, William Henry, Wilkinson's letter introducing Burr, =3=, 298.

Hartford Convention, =4=, 51.

Harvard University, M.'s sons attend, =4=, 73; honorary degree to M., 89.

Harvey, ----, and Jay Treaty, =2=, 121.

Harvie, Emily, acknowledgment to, =4=, 528 n.

Harvie, Jacquelin B., and Callender trial, =3=, 192; M.'s son-in-law, 192 n., =4=, 73.

Harvie, Mary (Marshall), =3=, 192 n., =4=, 73.

Haskell, Anthony, trial, =3=, 31, 32.

Hauteval, ----, as agent in X. Y. Z. Mission, =2=, 276.

Hay, George, attack on M. in Jefferson-Burr contest, =2=, 542; career, 542 n.; in Callender trial, =3=, 38, 40; as witness in Chase trial, 189; and preliminary hearing on Burr, 370, 372, 373, 379, 380; and pardon for Bollmann, 392, 450, 452, 453; prosecutes Burr, 407; and M., 408, =4=, 78; and instruction of grand jury, =3=, 413; and new commitment for treason, 415-17, 423-25; on incitation of public opinion at trial, 420 n.; and subpoena to Jefferson, 434, 435, 440, 518, 520; reports to Jefferson, instructions from him, 430-32, 434, 448-51, 483, 484; on M.'s statement of prosecution's expectation of conviction, 448, 449; on Jackson at trial, 457 n.; and confinement of Burr, 477; on M. and Burr, 483, 484; opening statement, 484; on overt act, 500; threat against M., 500, 501; and further trials, 515, 521, 523, 524, 527; on conduct of trial, 526; fee, 530 n.; pamphlet on impressment, =4=, 52.

Hayburn case, =3=, 612.

Hayne, Robert Y., on Tariff of 1828, =4=, 537; Webster debate, 552; counter on Jackson's Nullification Proclamation, 564, 565.

Haywood, John, on M., =4=, 66.

Haywood, M. D., anecdote on M., =4=, 64 n.

Hazard, ----, and Henry Lee, =1=, 435 n.

Haze, Samuel, and Dartmouth College troubles, =4=, 226.

Health, conditions in Washington, =3=, 6.

Heath, John, on Jay Treaty and Fairfax grant, =2=, 129; as witness in Chase trial, =3=, 191, 192.

Heath, William, and Ratification, =1=, 347.

Henderson, Archibald, in Judiciary debate (1802), =3=, 73.

Henderson, Archibald, acknowledgments to, =4=, 63 n., 64 n., 66 n.

Henderson, Richard H., on M., =4=, 489 n.

Henfield, Gideon, trial, =3=, 25, 26.

Henry, Patrick, as statesman, =1=, 32; and Robinson's loan-office bill, 60; Stamp-Act Resolutions, 62-65; Resolutions for Arming and Defense, 66; and Conway Cabal, 121; in the Legislature, 203, 208; and Council of State as a machine, 210; and amendment of Virginia Constitution, 217; and chancery bill (1787), 219; and British debts, 226, 229 n., 230, 441; and Confederate navigation act, 235; and extradition bill (1784), 239; plan for intermarriage of Indians and whites, 240 n.; and calling of Ratification Convention, 245; fear of the Federal District, 291, 439 n.; on popular majority against Ratification, 321; feared by Constitutionalists, 358; in campaign for Ratification delegates, 365; in Ratification Convention: on revolutionary action of Framers, 373, 375; and Nicholas, 374; characterized, 375; in the debate, 375, 388-91, 397-400, 403-06, 428-30, 433, 435, 438, 440, 441, 449, 464; on consolidated government, 375, 388, 389, 433; on power of the President, 390; effect of speeches, 392, 403; and Philips case, 393 n., 398; on Randolph's change of front, 398, 406; defense of the Confederation, 388, 389, 399; on Federal Government as alien, 389, 399, 428, 439 n.; on free navigation of the Mississippi, 403, 430, 431; on obligation of contracts, 428; on payment of paper money, 429; on declaring acts void, 429; on danger to the South, 430; on standing army, 435; and M., 438, 464; on need of a Bill of Rights, 440; on Federal Judiciary, 449, 464; on Indian lands, 464; assault on, speculation, 465-67, =2=, 203 n.; in contest over recommendatory amendments, =1=, 469-71, 474; threat to secede from Convention, 472; submits, 474, 478; effect of French Revolution on, =2=, 41, 411; and opposition after Ratification, 48-50, 57 n.; and Federal Convention, 60 n.; and assumption of State debts, 65; on Jefferson and Madison, 79; and offer of Attorney-Generalship, 124-26; Federalist, 124 n.; and presidential candidacy (1796), 156-58; on abuse of Washington, 164; Ware vs. Hylton, 188; champions M.'s candidacy for Congress (1798), 411-13; on Virginia Resolutions, 411; Jefferson on support of M., 419, 420; and Chief Justiceship, =3=, 121 n.; in M.'s biography of Washington, 244; and Yazoo lands, 554.

Herbert, George, on War of 1812, =4=, 51 n.

Heyward, Mrs. ----, M. and, =2=, 217.

Higginson, Stephen, on Gerry, =2=, 364.

High seas, M. on jurisdiction over crimes on, =2=, 465-67; as common possession, =4=, 119.

Hill, Aaron, and Kentucky and Virginia Resolutions, =3=, 43.

Hill, Jeremiah, on Ratification contest, =1=, 341; on importance of Virginia in Ratification, 358.

Hillard, George S., on M., =4=, 61 n.

Hillhouse, James, and Burr, =3=, 281; and secession, 281, 289; on Adams's report on Burr conspiracy, 544; and Embargo, =4=, 13.

Hinson, ----, and Burr, =3=, 367.

Hitchcock, Samuel, Lyon trial, =3=, 31 n.

Hite vs. Fairfax, =1=, 191-96.

Hobby, William J., pamphlet on Yazoo lands, =3=, 573 n.

Hoffman, J. Ogden, counsel in Nereid case, =4=, 131.

Hollow, The, M.'s early home, =1=, 36-38.

Holmes, John, in Ratification Convention, =1=, 346.

Holmes, John, counsel in Dartmouth College case, =4=, 239, 253.

Holmes vs. Walton, =3=, 611.

Holt, Charles, trial, =3=, 41.

Hooe, Robert T., Marbury vs. Madison, =3=, 110.

Hopkinson, Joseph, "Hail, Columbia!" =2=, 343; counsel for Chase, =3=, 185; argument, 198; on Embargo, =4=, 12 n.; as practitioner before M., 95; counsel in Sturges vs. Crowninshield, 209; counsel in Dartmouth College case, 238, 254, 258, 259; and M., 238 n.; appointment as District Judge, 238 n.; appearance, 254; fee and portrait in Dartmouth case, 255 n.; and success in case, 274; counsel in M'Culloch vs. Maryland, 285.

Horatius articles, =2=, 541 n., 542 n.

Horses, scarcity, =1=, 162 n.

Hortensius letter, =2=, 542.

Hottenguer, ----, and M.'s purchase of Fairfax estate, =2=, 205; as agent in X. Y. Z. Mission, 259-65, 272-78, 281.

House of Burgesses, M.'s father as member, =1=, 58; control by tide-water aristocracy, 59; Robinson case, 60; Henry's Stamp-Act Resolutions, sectional divergence, 61-65. See also Legislature of Virginia.

Houses, M.'s boyhood homes, =1=, 37, 55; of period of Confederation, 280, 281.

Hovey, Benjamin, Indiana Canal Company, =3=, 291 n.

Howard, Samuel, steamboat monopoly, =4=, 415.

Howe, Henry, on frontier illiteracy, =1=, 272 n.

Howe, Sir William, Pennsylvania campaign, =1=, 92-106.

Hudson River. See Gibbons vs. Ogden.

Hulme, Thomas, on frontiersmen, =4=, 189 n.

Humor, M.'s quality, =1=, 73, =4=, 62, 78, 83.

Humphries, David, on Shays's Rebellion, =1=, 299.

Hunter, David. See Martin vs. Hunter's Lessee.

Hunter, William, counsel in Sturges vs. Crowninshield, =4=, 209.

Hunter vs. Fairfax's Devisee, =2=, 206-08. See also Martin vs. Hunter's Lessee.

Huntingdon, Countess of, on M. as orator, =2=, 188.

Huntington, Ebenezer, on Republican ascendancy (1800), =2=, 521.

Hutchinson, Thomas, and declaring acts void, =3=, 612.

Illinois, prohibits external banks, =4=, 207; and M'Culloch vs. Maryland, 334.

Illiteracy, at period of Confederation, =1=, 272; later prevalence, =3=, 13 n. See also Education.

Immigration. See New York vs. Miln.

Immunity of foreign man-of-war, =4=, 122-25.

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.

Niles, Hezekiah, on banking chaos after War of 1812, =4=, 181 n., 182, 183, 186 n., 192, 194, 196; on bankruptcy frauds, 201; on Sturges vs. Crowninshield, 218; and Dartmouth College case, 276 n.; value of his Register, 309; attack on M'Culloch vs. Maryland opinion, 309-12; on Elkison case, 383, 384 n.; and Gibbons vs. Ogden, 445; on Virginia and Nullification, 568, 572; tribute to M., 590.

Niles, Nathaniel, and Burr, =3=, 68 n.; and Dartmouth College troubles, =4=, 227; Jefferson on, 227.

Niles' Register, value, =4=, 309. See also Niles, Hezekiah.

Nimmo, James, Cohens vs. Virginia, =4=, 345.

Nobility, fear from Order of the Cincinnati, =1=, 292. See also Government.

Non-Importation Act (1806), =4=, 9; M. and constitutionality, 118. See also Neutral trade.

Non-intercourse, act of 1809, =4=, 22; Erskine incident, 22; M. and constitutionality, 118; South Carolina's proposed, with tariff States, 459, 538. See also Neutral trade.

Norbonne, Philip, practitioner before M., =4=, 237 n.

Norfolk, Va., Dunmore's burning, =1=, 78; tribute to M., =4=, 592.

North Carolina, hardships of travel, =1=, 263; and State tariff acts, 311; Granville heirs case, =4=, 154, 155; tax on Bank of the United States, 207.

North River Steamboat Co. vs. Livingston, =4=, 448-51.

Norton, George F., and British debts, =1=, 226.

Norton, J. K. N., M.'s books possessed by, =1=, 186 n.; acknowledgment to, =4=, 528 n.

Nullification, first hints, =4=, 384; M.'s rebukes, 389, 459, 513; movement, 555; M. on movement, 556, 557; Madison on, 556; Jackson's Union toast, 557; and warning, 558; M. on doctrine and progress, 558, 559, 562; and Tariff of 1832, 559, 560; Convention and Ordinance, 560, 561; popular excitement, 561; Jackson's Proclamation, its debt to M.'s opinions, 562, 563; M. on it, 563; South Carolina and the proclamation, Jackson's inconsistencies, 564, 565; military preparations, 566; Jackson's recommendation of reduction of tariff, 567; Virginia and mediation, M. on it, 567-73; M. on Webster's speech against, 572; suspension of ordinance, 573; compromise Tariff, 574; M. on virtual victory for, 574, 575; M.'s resulting despondency on state of the country, 575-78. See also State Rights.

Oak Hill, acquired by M.'s father, =1=, 55; as home for M.'s son, =4=, 74.

Oakley, Thomas J., counsel in Gibbons vs. Ogden, =4=, 423, 424, 427.

Obiter dicta, M.'s use, =4=, 121, 369.

Obligation of contracts. See Contracts.

Occom, Samson, visit to England, =4=, 223.

Office. See Civil service.

Ogden, Aaron, and Livingston steamboat monopoly, =4=, 409-411. See also Gibbons vs. Ogden.

Ogden, David B., counsel in Sturges vs. Crowninshield, =4=, 209; practitioner before M., 237 n.; fees, 345 n.; counsel in Cohens vs. Virginia, 346, 376.

Ogden, George M. See Ogden vs. Saunders.

Ogden, Peter V., and Burr conspiracy, arrested, =3=, 333, 334.

Ogden, Samuel G., trial, =3=, 436 n.

Ogden vs. Saunders, obligation of future contracts not impaired by insolvency laws, =4=, 480; M.'s dissent, 481.

Ohio, cession of Western Reserve, =2=, 446; tax on Bank of the United States, =4=, 207, 328; legislative denunciation of M'Culloch vs. Maryland, 330-33; and New York steamboat monopoly, 415 n. See also Osborn vs. Bank.

Ohio River, Burr and plan for canal, =3=, 291 n.; first steamboat, =4=, 403 n.; development of steam transportation, 416.

Old Field Schools, =1=, 24.

Olmstead case, State defiance of Federal mandate, =4=, 18-21.

Opinions, M.'s rule on delivering, =3=, 16.

Orange County, Va., minute men, =1=, 69.

Oratory, court, and woman auditors, =4=, 133, 134.

Orders in Council on neutral trade, =4=, 6, 7. See also Neutral trade.

Orr, Thomas, Osborn vs. Bank, =4=, 329, 330.

Orr vs. Hodgson, =4=, 165 n.

Osborn, Ralph. See Osborn vs. Bank.

Osborn vs. Bank of the United States, facts, =4=, 327-30; compromise proposed by Ohio, 332; defiance of Ohio, 333; argument, 385; M.'s opinion, 385-94; original jurisdiction of National Courts, 385-87; and Eleventh Amendment, protection of Federal agents from State agents, 387-91; tax on business of bank void, 391, 392; courts and execution of law, 392; general satisfaction of parties on the record, 393; Johnson's opinion, 394; resulting attack on Supreme Court, 394-96; Jackson denies authority, 530-32.

Osmun, Benijah, and Burr, =3=, 365, 366.

Oswald, Eleazer, and Centinel letters, =1=, 335 n., 338; and Ratification in Virginia, 402, 434, 435.

Otis, Harrison Gray, and slavery (1800), =2=, 449; on Washington streets (1815), =3=, 4; on traveling conditions, 5 n.; on speculation, 557 n.; and Story, =4=, 98; and bankruptcy laws, 201.

Otsego, N.Y., conditions of travel (1790), =1=, 257.

Paine, Robert Treat, on X. Y. Z. Mission, =2=, 356.

Paine, Thomas, on militia, =1=, 84; relief bill, 213; on government as an evil, 288; popularity of Common Sense, 288 n.; on American and French revolutions, =2=, 2 n.; and key of the Bastille, 10; Rights of Man, influence in United States, 12-14; Jefferson's approbation, 14, 15, 16 n.; J. Q. Adams's reply, 15-19; disapproves of excesses, 25 n., 27; on the King and early revolution, 31 n.; on Republican Party and France, 223; and X. Y. Z. Mission, 254.

Palmer, William P., anecdote on M., =4=, 63 n.

Paper money, depreciation and confusion during Revolution and Confederation, =1=, 167, 168, 295-97; counterfeiting, 297, =4=, 195; post-bellum demand, =1=, 297, 299; Continental, in debate on Ratification, 429, 440, 441; and impairment of obligation of contracts, =3=, 557, 558 n., =4=, 214; flood and character of State bank bills, 176-79, 181, 184, 187, 192; popular demand for more, 186, 199; local issues, 187; depreciation, 192; endless chain of redemption with other paper, 193; reforms by second Bank of the United States, 197-99. See also Briscoe vs. Bank; Craig vs. Missouri money.

Paris, in 1797, =2=, 247.

Parker, Richard E., verdict in Burr trial, =3=, 514.

Parsons, Theophilus, Ratification amendments, =1=, 348.

Parton, James, on Administration's knowledge of Burr's plans, =3=, 318 n.; on Jefferson and trial of Burr, 390 n.; biography of Burr, 538 n.

Partridge, George, accident, =3=, 55 n.

"Party," as term of political reproach, =2=, 410 n.

Paterson, William, and Chief Justiceship, =2=, 553; charge to grand jury, =3=, 30 n.; sedition trials, 31, 32; and declaring acts void, 117, 611, 612; and Judiciary Act of, 1789, 128; Ogden-Smith trial, 436 n.

Paulding, James K., on M., =4=, 77.

Pawles Hook, Lee's surprise, =1=, 142.

Peace of 1783, and land titles, =4=, 147, 148, 153. See also British debts; Frontier posts; Slaves.

Pearsall vs. Great Northern Railway, =4=, 279 n.

Peck, Jedediah, trial, =3=, 42 n.

Peck, John. See Fletcher vs. Peck.

Peele, W. J., on M., =4=, 66 n.

Pegram, Edward, grand juror on Burr, =3=, 413 n.

Pendleton, Edmund, as judge, =1=, 173; on M.'s election to Council of State, 209; candidacy for Ratification Convention, 359; in the Convention: President, 368; and impeachment of authority of Framers, 373; characterized, 385; on failure of Confederation, 386; in debate, 427, 428, 445; on Judiciary, 445.

Pendleton, Nathaniel, and Yazoo lands, =3=, 549, 555.

Pennsylvania, during the Revolution, =1=, 85; hardships of travel, 258, 259; Jefferson on social characteristics, 279; tariff, 310 n., 311 n.; calling of Ratification Convention, 326; election of delegates, 327-29; precipitancy in Ratification Convention, 329-32; address of minority, 333, 334, 342; continued opposition after Ratification, 334-38; and Kentucky and Virginia Resolutions, =3=, 105 n.; Olmstead case, =4=, 18-21; legislative censure of M'Culloch vs. Maryland, 333.

Pennsylvania, University of, honorary degree to M., =4=, 89.

People, character of masses under Confederation, =1=, 253, 254; community isolation, 264, =4=, 191; responsible for failure of Confederation, =1=, 307; basis of Federal Government, =4=, 292, 352. See also Democracy; Government; Nationalism.

Perkins, Cyrus, and Dartmouth College case, =4=, 260 n.

Perkins, Nicholas, and Burr conspiracy, =3=, 367-69, 372.

Peters, Richard , and common-law jurisdiction, =3=, 25, 28 n.; sedition trial, 33; impeachment contemplated, 172 n.; on United States and Napoleonic War, =4=, 6 n.; Olmstead case, 18-21; death, 238 n.

Peters, Richard , escort for M.'s body, =4=, 588.

Phi Beta Kappa, M. as member, =1=, 158; Jacobin opposition, =2=, 37.

Philadelphia, march of Continental army through (1777), =1=, 92; capture by British, 98-102; during British occupation, 108-10; Jacobin enthusiasm, =2=, 31; luxury, 85 n.; and M.'s return from X. Y. Z. Mission, 344-51; tributes to M. as Chief Justice, =4=, 521, 588.

Philadelphia Aurora. See Aurora.

Philadelphia Federal Gazette, on Publicola papers, =2=, 19.

Philadelphia Gazette of the United States. See Gazette.

Philadelphia General Advertiser, on French Revolution, =2=, 28 n.; on Neutrality Proclamation, 94 n.

Philadelphia Independent Gazette, and Ratification, =1=, 328. Sec also Oswald.

Philadelphia National Gazette. See National Gazette.

Philips, Josiah, attainder case, =1=, 393, 398, 411.

Phillips, Isaac N., on treason, =3=, 403 n.

Physick, Philip S., operates on M., =4=, 520; and M.'s final illness, 587.

Pichegru, Charles, and 18th Fructidor, =2=, 240, 241, 245 n.

Pickering, John, impeachment, =3=, 111, 143, 164-68; witnesses against, rewarded, 181.

Pickering, Timothy, on hardships of travel, =1=, 257 n.; on Jefferson and Madison, =2=, 79; and Gerry at Paris, 366, 369; on M.'s views on Alien and Sedition Acts, 394; on M.'s election (1799), 417; on M. in Jonathan Robins case, 471; dismissed by Adams, 486, 487; Aurora's attack, 489 n., 491 n.; on M. as his successor, 492; on M. and Jefferson-Burr contest, 539; and secession, =3=, 98, 151, 281, 289, =4=, 13 n., 30, 49; on Giles, =3=, 159 n.; on impeachment programme, 160; on Pickering impeachment, 168 n.; on Chase impeachment, 173; at trial of Chase, 183 n.; on M.'s biography of Washington, 233; on Adams's Burr Conspiracy report, 543 n.; as British partisan, =4=, 2 n.; on Embargo, 13, 14; and M., 27, 473; on election of 1812, 47; and Story, 98; and Story and Dartmouth College case, 257 n.; on Massachusetts Constitutional Convention (1820), 471; on slavery, 473.

Pickett, George, bank stock, =2=, 200.

Pinckney, Charles, on campaign virulence (1800), =2=, 530; reward for election services, =3=, 81 n.; in Federal Convention, on declaring acts void, 116 n.

Pinckney, Charles C., appointment to French mission, =2=, 145, 146, 223; not received, 224; at The Hague, 231; accused of assisting Royalist conspiracy, 246 n.; and "millions for defense" slogan, 348; toast to, 349 n.; candidacy (1800), 438; Hamiltonian intrigue for, 517, 528 n., 529 n.; and Chief Justiceship, 553. See also Elections (1800); X. Y. Z. Mission.

Pinckney, Thomas, on Gerry, =2=, 364.

Pindall, James, on Bank of the United States, =4=, 289.

Pinkney, William, Canning's letter, =4=, 23; as practitioner before M., 95; counsel in Nereid case, 131, 140; character, 131-33; influence of woman auditors on oratory, 133, 134, 140 n.; Conkling's resemblance, 133 n.; M. on, 141, 287; Story on Nereid argument, 142 n.; counsel in Dartmouth College case, 259-61, 274; counsel in M'Culloch vs. Maryland, 284; argument, 287; fees, 345 n.; argument in Cohens vs. Virginia, 346; counsel in Gibbons vs. Ogden, 413; death, 423.

Pinto, Manuel, Nereid case, =4=, 135.

Piracy, M. on basis, =2=, 467.

Pitt, William, and Burr, =3=, 289.

Pittsburgh, first steamboat, =4=, 403 n.

Platt, Jonas, opinion in Gibbons vs. Ogden, =4=, 412.

Pleasants, James, grand juror on Burr, =2=, 413 n.

Plumer, William, on Washington (1805), =3=, 6; on drinking there, 9; on Jefferson and popularity, 19 n.; on Bayard, 79 n.; on Randolph, 83 n.; on repeal of Judiciary Act, 93; on Louisiana Purchase, 148 n., 150; on Giles, 159 n.; on impeachment plan, 160; on Pickering impeachment, 167 n., 168 n.; on Chase impeachment and trial, 171 n., 173, 179 n., 181 n., 192 n., 205 n., 217 n., 220; on Burr, 180, 182 n., 183 n., 219 n., 274 n., 279 n., 470; on M. as witness, 196; on not celebrating Washington's birthday, 210 n.; joins Republican Party, 222 n.; on M.'s biography of Washington, 269; on Swartwout, 321 n., 333 n.; on Burr conspiracy, 338 n., 341; on arrest of Bollmann, 343 n.; on Jefferson's personal rancor, 384 n.; on trial of Burr, 526; on Adams's Burr conspiracy report, 543 n.; on Embargo and secession threats, =4=, 24 n.; on Federalists as aristocracy, 55; Governor of New Hampshire, and Dartmouth College affairs, 230, 232.

Pocket veto, Randolph on, as impeachable offense, =3=, 213.

Poetry, M. and, =1=, 41, =4=, 79, 80.

Police power, as offset to obligation of contracts, =4=, 279; and commerce clause, 436, 437, 457, 459. See also New York vs. Miln.

Politics, machine in Virginia, =1=, 210, 217 n., =2=, 56 n., =4=, 146, 147, 485-88; share in Ratification in Virginia, =1=, 252, 356, 357, 381, 402; Federal Constitution and parties, =2=, 75; abuse, 396; influence of newspapers, =3=, 10; period of National egotism, 13; effect of Republican rule, 15 n.; Randolph on government by, 464 n. See also Elections, Federalist Party; Republican Party.

Poole, Simeon, testimony in Burr trial, =3=, 490.

Poor whites of colonial Virginia, =1=, 27.

Pope, John, M. and his poems, =1=, 44, 45.

Pope, John, of Smith committee, =3=, 541 n.

Popularity, Jefferson's desire, =3=, 19 n.

Population, density (c. 1787), =1=, 264; character of Washington, =3=, 8.

Portraits of M., =4=, 85 n., 522 n.

Posey, Thomas, and Ratification, =1=, 392 n.

Potomac River, company for improvement, =1=, 217, 218.

Potter, Henry, Granville heirs case, =4=, 154.

Powell, Levin, slandered, =1=, 290 n.; on House's reply to Adams's address (1799), =2=, 434; on M. in Jonathan Robins case, 475 n.

Practice and evidence, M.'s opinion on, =3=, 18.

Precedents, M.'s neglect of legal, =2=, 179, =4=, 409.

Preparedness, M. on need, =1=, 414, 415, 437, =2=, 403, 476-80, 531; ridiculed, =1=, 425; utter lack (1794), =2=, 109. See also Army.

Prescott, William, on Dartmouth College case, =4=, 275 n.

President, Ratification debate on office and powers, =1=, 390, 442; question of title, =2=, 36; M. on, as sole organ of external relations, 470. See also Elections; Subpoena; and Presidents by name.

Press, freedom of, Franklin on license, =1=, 268-70; M. on liberty and excess, =2=, 329-31; Martin on license, =3=, 204, 205. See also Alien and Sedition Acts; Newspapers.

Prices, at Richmond (c. 1783), =1=, 177-81; board in Washington (1801), =3=, 7.

Priest, William, on speculation, =3=, 557.

Princeton University, honorary degree to M., =4=, 89.

Prisoners of war, treatment, =1=, 115.

Privateering, Genêt's commissions, =2=, 28; Unicorn incident in Virginia, 103-06.

Prize law, Amelia case, =3=, 16, 17. See also Admiralty; International law.

Property, demand for equal division, =1=, 294, 298; M.'s conservatism on rights, =4=, 479, 503.

Prosperity, degree, at period of Confederation, =1=, 273, 274, 306.

Public debt, problem under Confederation, =1=, 233-35; unpopularity, 254; spirit of repudiation, 295, 298, 299; resources under Confederation, 306; in Ratification debate, 396, 416, 425, 440; funding and assumption of State debts, =2=, 59-64; financial and political effects of funding, 64-68, 82, 85, 127. See also Debts; Finances; Paper money.

Public lands, Jefferson on public virtue and, =1=, 316; State claims, =3=, 553; Foot resolution, =4=, 553 n. See also Yazoo; Land.

Publicists, lawyers as, =4=, 135.

Publicola papers, =2=, 15-18; replies, 18, 19.

Punch, recipe, =4=, 77.

Punishments, cruel, =3=, 13 n.

Putnam, ----, arrest in France, =2=, 283.

Quarterly Review, on insolvency frauds, =4=, 203 n.

Quincy, Josiah, on Jefferson and popularity, =3=, 19 n.; on resolution against Minister Jackson, =4=, 24; on admission of Louisiana and secession, =4=, 27; and Localism, 28.

Quoit (Barbecue) Club, M. as member, =2=, 182-85, =4=, 76-78; memorial to M., 592.

Railroads, influence of Dartmouth College case and Gibbons vs. Ogden on development, =4=, 276, 277, 446.

Raleigh, M. on circuit at, =3=, 101, 102, =4=, 65, 66.

Rambouillet Decree, =4=, 122.

Ramsay, David, biography of Washington, =3=, 225 n.

Ramsay, Dennis, Marbury vs. Madison, =3=, 110.

Randall, Benjamin, in Ratification Convention, =1=, 340.

Randall, Henry S., on M. as Secretary of State, =2=, 494; on M., =4=, 154.

Randolph, David M., as witness in Chase trial, =3=, 191, 192.

Randolph, Edmund, ancestry, =1=, 10; as lawyer, 173; transfers practice to M., 190; Hite vs. Fairfax, 191, 192; in the Legislature, 203; importance of attitude on Ratification, 360-63, 378-82; secret intention to support it, 363; in the Convention: characterized, 376; disclosure of support of Ratification, 376-79; suppresses Clinton's letter, 379-81, 477; effect on reputation, 382; ascription of motives, in Washington's Cabinet, 382 n.; in Convention debate, 392, 393, 397, 406, 461, 470; and Philips case, 393 n.; personal explanations, 393 n., 476; Henry on change of front, 398; answers Henry's taunt, 406; Mason's denunciation, 423; on Fairfax grants, 458 n.; on opposition after Ratification, =2=, 46 n.; and first amendments, 59; Fauchet incident, resignation from Cabinet, 146, 147; on Richmond meeting on Jay Treaty, 151, 152; as orator, 195; on weakness of Supreme Court, =3=, 121 n.; counsel for Burr, 407; on motion to commit Burr for treason, 417; on subpoena to Jefferson, 440, 441; on overt act, 494.

Randolph, George, ancestry, =1=, 10.

Randolph, Isham, =1=, 10.

Randolph, Jacob, operates on M., =4=, 522.

Randolph, Jane, =1=, 10, 11.

Randolph, John, of Roanoke, ancestry, =1=, 10; insult by army officers, =2=, 446; debate with M. on Marine Corps, 447, 448; in Jonathan Robins case, 474; appearance, =3=, 83; as House leader, 83 n.; in Judiciary debate (1802), 84-87; manager of Chase impeachment, 171; and articles of impeachment, 172; break with Jefferson over Yazoo frauds, 174; opening speech at Chase trial, 187-89; references to M., political significance, 187, 188, 214-16; examination of M. at trial, 194; conferences with Giles, 197; argument, 212-16; and acquittal, 220; duelist, 278 n.; and Burr conspiracy, 339; and Eaton's claim, 345 n.; on Wilkinson's conduct, 359, 464; on Burr as military captive, 369; and removal of judges on address, 389 n.; grand juror on Burr, 413; on government by politics, 464 n.; and Chesapeake-Leopard affair, 476; and Yazoo frauds, 566, 575, 577-79, 581, 595, 596, 600; on Localism, =4=, 191; on dangers in M.'s Nationalist opinions, 309, 420; in debate on Supreme Court (1824), 395; on internal improvements and Nationalism, 419-21; absorption in politics, 461; Clay duel, 463 n.; in Virginia Constitutional Convention, 484; on M. in convention, 489 n.

Randolph, Mary (Isham), descendants, =1=, 10.

Randolph, Mary Isham, =1=, 10.

Randolph, Peyton, and Henry's Stamp-Act Resolutions, =1=, 64.

Randolph, Richard, of Curels, estate, =1=, 20 n.

Randolph, Susan, on Jefferson and Rebecca Burwell, =1=, 150 n.

Randolph, Thomas, =1=, 10.

Randolph, Thomas M., on Jay Treaty resolutions in Virginia Legislature, =2=, 134, 135, 137.

Randolph, William, descendants, =1=, 10.

Randolph, William, and Peter Jefferson, =1=, 12 n.

Randolph family, origin and characteristics, =1=, 10, 11.

Rappahannock County, Va., loyal celebration, =1=, 23 n.

Ratification, opposition in Virginia, =1=, 242; contest over call of Virginia Convention, previous amendment question, 245-48; effort for second framing convention, 248, 317, 355, 362, 379-81; practical politics in, 252, 356, 357, 381, 402; economic division, 312; division in Virginia, 317; importance of Virginia's action, 318, 358, 359; gathering of Virginia delegates, 319; popular ignorance of draft Constitution, 320, 345, 354; popular idea of consolidated government, 320; popular majority against, 321, 322, 356, 391, 469, =4=, 554 n.; Virginia Convention as first real debate, =1=, 322, 323, 329, 355; influence of revolutionary action of Framers, 323-25, 373, 425; unimportance of action of four early States, 325; calling of Pennsylvania Convention, 326; election there, 327-29; Pennsylvania Convention, precipitancy, 329-32; address of Pennsylvania minority, 333, 334, 342; post-convention opposition in Pennsylvania, 334-38; policy of Constitutionalists in Massachusetts, 339; character of opposition there, 339, 340, 344-47; election there, 340; general distrust as basis of opposition, 340, 347, 356, 371, 372, 422, 428, 429 n., 439 n., 467; condensed argument for, 343; and Shays's Rebellion, 343; strength and standpoint of Massachusetts opposition, 344; influence of Hancock, 347; Massachusetts recommendatory amendments and ratification, 348, 349; soothing the opposition there, 350-53; question of bribery in Massachusetts, 353 n., 354 n.; contest in New Hampshire, adjournment, 354, 355; character of Virginia Convention, 356, 367; effect of previous, on Virginia, 356, 399; election of delegates in Virginia, 359-67; importance and uncertainty of Randolph's attitude, 360-64, 378-82; M.'s candidacy, 364; campaign for opposition delegates, 365-67; opposition of leaders in State politics, 366 n.; maneuvers of Constitutionalists, 367, 374, 384, 385, 392; officers, 368, 432; tactical mistakes of opposition, 368, 383; detailed debate as a Constitutionalist victory, 369-72, 432; characterizations, 369, 373-76, 385, 387, 394, 396, 408, 420, 423, 465, 473; attempts at delay, 372, 434, 461, 462; authority of Framers, 373, 375; Nicholas's opening for Constitutionalists, 374; Henry's opening for opposition, 375; disclosure of Randolph's support, 376-79; organization of Anti-Constitutionalists, 379, 434; Clinton's letter for a second Federal Convention, Randolph's suppression of it, 379, 477, =2=, 49 n.; Mason's speeches, =1=, 382, 383, 421-23, 438, 439, 446-48, 467; untactful offer on "conciliation," 383; prospects, ascendancy of opposition, 384, 433-35, 442; influences on Kentucky delegates, navigation of Mississippi River, 384, 403, 411, 420, 430-32, 434, 443; Pendleton's speeches, 385-87, 427, 428; Lee's speeches, 387, 406, 423, 467; Henry's speeches, 388-92, 397-400, 403-06, 428, 433, 435, 440, 441, 449, 464, 469-71; Federal Government as alien, 389, 399, 428, 439 n.; Randolph's later speeches, 392, 393, 397, 406; Madison's speeches, 394, 395, 397, 421, 428, 430, 440, 442, 449; Nicholas's later speeches, 395, 421, 432; Corbin's speech, 396; political managers from other States, 401, 402, 435; question of use of money in Virginia, 402 n.; demand for previous amendment, 405, 412, 418, 423, 428; Monroe's speech, 407, 408; inattention to debate, 408; M.'s social influence, 409; M.'s speeches, 409-20, 436-38, 450-61; Harrison's speech, 421; Grayson's speech, 424-27; slight attention to economic questions, 429 n., 441 n.; and Bill of Rights, 439; slavery question, 440; payment of public debt, 440; British debts, 441; executive powers, 442; Judiciary debate, 449-61, 464; Anti-Constitutionalists and appeal to Legislature, 462, 463, 468; assault on Henry's land speculations, 465-67; threats of forcible resistance, 467, 478; contest over recommendatory amendments, 475; vote, 475; Washington's influence, 476; other personal influences, 476 n.; and fear of Indians, 476; character of Virginia amendments, 477; influence of success in New Hampshire, 478; Jefferson's stand on amendments, 478; influence on M., 479; as a preliminary contest, 479, =2=, 45, 46; attempt of Virginia Legislature to undo, 48-51; Virginia reservations, =4=, 324 n.

Rattlesnakes, as medicine, =1=, 172.

Ravara, Joseph, trial, =3=, 24.

Rawle, William, escort for M.'s body, =4=, 588.

Read, George, and Judiciary Act of 1789, =3=, 129.

Rebecca Henry incident, =2=, 496.

Reed, George, as witness in Chase trial, =3=, 189 n.

Reeves, John, and Burr, =3=, 537 n.

Reeves, Tapping, on Louisiana Purchase, =3=, 150.

Reid, Robert R., on Missouri question, =4=, 341.

Religion, state in Virginia (1783), =1=, 220, 221; conditions in Washington, =3=, 6; revival, 7 n.; M.'s attitude, =4=, 69-71; frontier, 189 n.; troubles and disestablishment in New Hampshire, 226, 227. See also next titles.

Religious freedom, controversy in Virginia, =1=, 221, 222.

Religious tests, debate during Ratification, =1=, 346.

Representation, basis in Virginia, =1=, 217 n.; debate on slave, in Virginia Constitutional Convention (1830), =4=, 501-07.

Republican Party, Jefferson's development, =2=, 46, 74-76, 81-83, 91, 96; as defender of the Constitution, 88 n.; assaults on Neutrality Proclamation, 95; economic basis, 125 n.; and French Revolution, 131 n., 223; and X. Y. Z. dispatches, 336-42, 355, 358-63; M. on motives in attack on Alien and Sedition Acts, 394, 407; issues in 1798, 410; and name "Democratic," 439 n., =3=, 234 n.; Federalist forebodings (1801), 11-15; social effects of rule, 15 n.; plans against Judiciary, cause, 19-22, 48; union of democracy and State Rights, 48; Chase's denunciations, 169, 170, 206; and M.'s biography of Washington, 228-30; treatment in biography, 256, 259-61; Justices as apostates, 317, 358, 359, 444. See also Congress; Elections; Jefferson, Thomas; State Rights.

Republicans, name for Anti-Constitutionalists (1788), =1=, 379.

Repudiation, spirit, =1=, 294, 295, 298, 299. See also Debts.

Requisitions, failure, =1=, 232, 304, 305, 413; proposed new basis of apportionment, 234, 235.

Rhoad, John, Juror, =3=, 35.

Rhode Island, declaration of independence, =3=, 118 n.

Richardson, William M., votes for war, =4=, 29 n.; opinion in Dartmouth College case, 234-36.

Richmond, Va., social and economic life (1780-86), =1=, 176-90; in 1780, 165, 171-73; hospitality, 183; M. City Recorder, 188; fire (1787), 190, =2=, 172; meeting on Jay Treaty, 149-55; growth, 172; Quoit Club, 182-85, =4=, 76-78, 592; reception of M. on return from France, =2=, 352-54; M.'s reply to address, 571-73; later social life, =3=, 394; Vigilance Committee, =4=, 41 n.; M.'s lawyer dinners, 78, 79; city currency, 187; and Jackson's veto of River and Harbor Bill (1832), 534; M.'s funeral, 588; tributes to him, 589.

Richmond Enquirer, on M. and Burr at Wickham's dinner, =3=, 396; and subpoena to Jefferson, 450; attack on M. during Burr trial, 532-35; on Yazoo claims, 581; attack on M'Culloch vs. Maryland, =4=, 312-17, 323; tribute to M., 589. See also Ritchie, Thomas.

Richmond Examiner, attacks on M. (1801), =2=, 542, 543 n.

Richmond Light Infantry Blues, punch, =4=, 78 n.

Richmond Society for Promotion of Agriculture, M.'s interest, =4=, 63.

Richmond Whig and Advertiser, on M. and election of 1828, =4=, 463; tribute to M., 589.

Ritchie, Thomas, Council of State as his machine, =1=, 210; and trial of Burr, =3=, 450; on Federalists as traitors, =4=, 10 n.; control over Virginia politics, 146; and first Bank of the United States, 174; attack on M'Culloch vs. Maryland, 309; and Taylor's attack on M.'s opinions, 335, 339; attack on Cohens vs. Virginia, 358. See also Richmond Enquirer.

Rittenhouse, David, Olmstead case, =4=, 19.

River and Harbor Bill, Jackson's pocket veto, =4=, 534.

River navigation, steamboat and internal improvements, =4=, 415-17.

Roads. See Communication.

Roane, Spencer, as judge, =1=, 173; Council of State as his machine, 210; Anti-Constitutionalist attack on Randolph (1787), 361 n.; accuses M. of hypocrisy, =2=, 140; and Chief Justiceship, =3=, 20, 113, 178; and Nationalism, 114; M.'s enemy, =4=, 78; and M.'s integrity, 90 n.; and Livingston vs. Jefferson, 111; control of Virginia politics, 146; decision in Hunter vs. Fairfax's Devises, 148, 152; denies right of Supreme Court to hear case, 157, 160; and first Bank of the United States, 174; attack on M'Culloch vs. Maryland, 309, 313-17, 323; inconsistent purchase of Bank stock, 317; tribute to M., 313; M.'s reply to attack, 318-23; attack on Cohens vs. Virginia, 358, 359; M. on it, 359, 360; and amendment on Judiciary, 371, 378.

Robertson, David, report of Virginia Ratification debates, =1=, 368; stenographer and linguist, =3=, 408.

Robin, M.'s servant, =4=, 525 n.

Robins, Jonathan. See Jonathan Robins case.

Robinson, John, loan-office bill and defalcations, =1=, 60.

Rodney, Cæsar A., and Marbury vs. Madison, =3=, 154 n.; argument in Chase trial, 210-12; and holding of Swartwout and Bollmann, 345, 349 n.; and trial of Burr, 390.

Rodney, Thomas, and Burr, =3=, 365.

Rôle d'équipage, and French depredations on neutral trade, =2=, 294 n.

Ronald, William, as lawyer, =1=, 173; in Virginia Ratification Convention, 472; Ware vs. Hylton, =2=, 188.

Roosevelt, Nicholas J., and steamboat experiments, =4=, 400; and steamboat navigation of the Mississippi, 402, 402 n., 403 n.

Roosevelt, Theodore, on British naval power, =4=, 7 n.; on impressment, 8 n.

Ross, James, and Disputed Elections Bill, =2=, 453.

Rowan, John, on Green vs. Biddle, =4=, 381; on Supreme Court, 453.

Rush, Benjamin, Conway Cabal, =1=, 121-23.

Rutgers vs. Waddington, =3=, 612.

Rutledge, Edward, on spirit of repudiation, =1=, 307.

Rutledge, John , and Supreme Court, =3=, 121 n.; in Federal Convention, on obligation of contracts, 558 n.

Rutledge, John , and slavery, =2=, 449: on Judiciary Bill (1801), 550; on French treaty, 525 n.; in Judiciary debate (1802), =3=, 87-89; as British partisan, =4=, 5.

S. (? Samuel Nason), and Ratification, =1=, 342.

St. Cloud Decree, =4=, 36-39, 48-50.

St. Tammany's feast at Richmond, =1=, 189.

Salaries, Federal (1800), =2=, 539 n.

Sandwich incident, =2=, 496.

Sanford, Nathan, opinion on steamboat monopoly and interstate commerce, =4=, 448.

Sanford, Me., and Ratification, =1=, 342.

Santo Domingo, influence in United States of negro insurrection, =2=, 20-22.

Sargent, Nathan, on esteem of M., =4=, 581 n.

Saunders, John. See Ogden vs. Saunders.

Savage, John, opinion on steamboat monopoly, =4=, 449.

Savannah Gazette, on Yazoo frauds, =3=, 561.

Schmidt, Gustavus, on M. as a lawyer, =2=, 178.

Schoepf, Johann D., on Virginia social conditions, =1=, 21 n.; on irreligion in Virginia, 221 n.; on shiftlessness, 278.

Schuyler, Philip, dissatisfaction, =1=, 86; and Burr, =3=, 277 n.

Scott, John, in Virginia Constitutional Convention, =4=, 490.

Scott, John B., and Yazoo lands, =3=, 566 n.

Scott, Joseph, and Burr conspiracy, =3=, 370.

Scott, Sir Walter, and Burr, =3=, 537 n.

Scott, Sir William, on slave trade and law of nations, =4=, 477.

Scott, Winfield, on irreligion in Washington, =3=, 7; on Jefferson and trial of Burr, 406; and Nullification, =4=, 566; escort for M.'s body, 588.

Secession, Federalist threats over assault on Judiciary (1802), =3=, 73, 82, 89, 93, 97, 98, 151; Louisiana Purchase and threats, 150; and Chase trial, 217; New England Federalist plots and Burr, 281, 298; Merry's intrigue, 281, 288; sentiment in West, 282, 297, 299; of New England thought possible, 283; Burr and Merry, 288-90; no proposals in Burr's conferences, 292, 297, 303, 312; rumors of Burr's purpose, Spanish source, 296, 299, 315; Burr denies such plans, 316, 318 n., 319, 326; M. and Tucker on right, 430; threats over neutral trade controversy, =4=, 13 n., 15, 17, 25; M.'s rebuke, 17; and admission of Louisiana, 27; War of 1812 and threats, 30; Hartford Convention, 51; threats in attacks on M.'s Nationalist opinions, 314, 326, 338, 339, 381; and Missouri struggle, 340-42; M. on resistance to, 352, 353; Jefferson's later threats, 368, 539; South Carolina threat over Elkison case, 382; threat on internal improvement policy, 421; M. on Supreme Court and threats, 512, 513. See also Nationalism; Nullification; State Rights.

Secretary of State, M. and (1795), =2=, 147; M.'s appointment, 486, 489-93; M. remains after Chief Justiceship, 558.

Secretary of War, M. declines, =2=, 485.

Sedgwick, Theodore, and M. (1796), =2=, 198; on effect of X. Y. Z. dispatches, 341; on Gerry, 364; on M.'s views on Alien and Sedition Acts, 391, 394, 406; on M.'s election (1799), 417; on M.'s importance to Federalists in Congress, 432; on M. and Disputed Elections Bill, 457, 458; on results of session (1800), 482; on M. as man and legislator, 483, 484; on M.'s efforts for harmony, 527; on Republican rule, =3=, 12; on plans against Judiciary, 22; on repeal of Judiciary Act, 94; and secession, 97; on Burr, 279 n.

Sedition Act. See Alien and Sedition Acts.

Senate, arguments on, during Ratification, =1=, 345; opposition to secrecy, =2=, 57. See also Congress.

Separation of powers, M. on limitation to judicial powers, =2=, 468-70; incidental executive exercise of judicial powers, 470; M. on legislative reversal of judicial decisions, =3=, 177, 178. See also Declaring acts void.

Sergeant, John, counsel in Osborn vs. Bank, =4=, 385; and in Cherokee Nation vs. Georgia, 541, 544, 547; and in Worcester vs. Georgia, 549; escort for M.'s body, 588.

Sergeant, Thomas, practitioner before M., =4=, 237 n.

Sewall, David, on demagoguery, =1=, 290 n.; on Ratification contest, 341.

Seward, Anna, as Philadelphia belle, =1=, 100.

Sewell, T., and French War, =2=, 424.

Shannon, Richard C., witness against Pickering, reward, =3=, 181 n.

Shays's Rebellion, M. on causes, =1=, 298, 299, =3=, 262 n.; taxation not the cause, =1=, 299, 300; effect on statesmen, 300-02; Jefferson's defense, 302-04; as phase of a general movement, 300 n.; and Ratification, 343.

Shephard, Alexander, grand juror on Burr, =3=, 413 n.

Shepperd, John, and Yazoo lands act, =3=, 547.

Sherburne, John S., witness against Pickering, reward, =3=, 181 n.

Sherman, Roger, and Judiciary Act of 1789, =3=, 129; on obligation of contracts, 558 n.

Shippen, Margaret, as Philadelphia belle, =1=, 109.

Shirley, John M., work on Dartmouth College case, =4=, 258 n.

Short, Payton, at William and Mary, =1=, 159.

Short, William, at William and Mary, =1=, 159; on French Revolution, =2=, 24; Jefferson's admonitions, 25, 26; on Lafayette, 34 n.

"Silver Heels," M.'s nickname, =1=, 74, 132.

Simcoe, John G., and frontier posts, =2=, 111.

Sims, Thomas, on slander on Powell, =1=, 290 n.

Singletary, Amos, in Ratification Convention, =1=, 344, 346.

Skipwith, Fulwar, on X. Y. Z. Mission, =2=, 336; on probable war, 358.

Slaughter, Philip, on M. at Valley Forge, =1=, 117, 118.

Slave representation, debate in Virginia Constitutional Convention (1830), =4=, 501-07.

Slave trade, Northern defense (1800), =2=, 449; act against engaging in, 482; M. on international recognition, =4=, 476, 477.

Slavery, effect in colonial Virginia, =1=, 20-22; in debate on Ratification, 440; attitude of Congress (1800), =2=, 449; acquiescence in, =3=, 13 n.; Nationalism and overthrow, =4=, 370, 420, 536; M.'s attitude, 472-79. See also adjoining titles; and Missouri Compromise.

Slaves, of M.'s father, =1=, 37 n.; owned by M., 167, 180; Jefferson's debts for, 224 n.; provision in Peace of 1783, controversy, 230, =2=, 108, 114, 121 n.; in Washington (1801), =3=, 8; common carriers and transportation, =4=, 478.

Sloan, James, and attempt to suspend habeas corpus (1807), =3=, 348.

Smallpox, in Revolutionary army, =1=, 87; inoculation against, 162.

Smallwood, William, in Philadelphia campaign, =1=, 100.

Smilie, John, in Ratification Convention, =1=, 330.

Smith, Ann (Marshall), =1=, 485.

Smith, Augustine, M.'s uncle, =1=, 485.

Smith, Israel, of New York, in Burr conspiracy, =3=, 466 n., 491.

Smith, Senator Israel, of Vermont, and impeachment of Chase, =3=, 158, 159; votes to acquit, 219, 220.

Smith, Jeremiah, on Republican hate of M., =3=, 161; counsel in Dartmouth College case, =4=, 233, 234, 250; fee and portrait, 255 n.; on M.'s decline, 586.

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

Smith, John, of New York, votes to acquit Chase, =3=, 219, 220.

Smith, John, of Ohio, votes to acquit Chase, =3=, 219; and Burr conspiracy, 291, 312; Wilkinson's letter to, 314; and rumor of disunion plan, 316, 319; indicted for treason, 466 n.; nolle prosequi, 524, 541 n.; attempt to expel from Senate, 540-44.

Smith, John Blair, on Henry in campaign for Ratification delegates, =1=, 365.

Smith, John Cotton, and Eaton's report on Burr's plans, =3=, 305 n.

Smith, Jonathan, in Ratification Convention, =1=, 347.

Smith, Lize (Marshall), =1=, 485.

Smith, Melancthon, on prosperity during Confederation, =1=, 306; on revolutionary action of Framers, 324.

Smith, R. Barnwell, on Nullification, =4=, 560.

Smith, Robert, dismissal, =4=, 34; vindication, and M., 35.

Smith, Sam, on English interest in Ratification, =1=, 313.

Smith, Samuel, on Pickering impeachment, =3=, 167; votes to acquit Chase, 220; and attempt to suspend habeas corpus (1807), 347; and Ogden-Smith trial, 436 n.; of committee on expulsion of Smith of Ohio, 541 n.

Smith, Samuel H., on drinking at Washington, =3=, 10 n.

Smith, Mrs. Samuel H., on Washington social life (1805), =3=, 8 n.; on Pinkney in court, =4=, 134.

Smith, Thomas M., anecdote of M., =4=, 83 n.

Smith, Judge William, of Georgia, and Yazoo lands, =3=, 549.

Smith, Representative William, of South Carolina, on French agents in United States (1797), =2=, 281; on travel (1790), =3=, 55 n.

Smith, Senator William, of South Carolina, on Missouri question, =4=, 341.

Smith, William S., trial, =3=, 436 n.

Smith vs. Maryland, =4=, 165 n.

Sneyd, Honora, as Philadelphia belle, =1=, 109.

Snowden, Edgar, oration on M., =4=, 592.

Soane, Henry, =1=, 11 n.

Social conditions, in later colonial Virginia, =1=, 19-28; drinking, 23, 156 n., 186 n., 281-83, =2=, 86, 102 n., =3=, 9, 400, 501 n., =4=, 189 n.; qualities and influence of backwoodsmen, =1=, 28-31, 235, 236, 274-77; frontier life, 39-41, 53, 54 n., =4=, 188-90; dress, =1=, 59, 200, 208, =3=, 396, 397; Richmond in 1780, =1=, 165; degree of prosperity at period of Confederation, 273, 274; classes in Virginia, 277, 278; Jefferson on sectional characteristics, 278-80; contrasts of elegance, 280; food and houses, 280, 281; amusements, 283; Washington boarding-houses, =3=, 7; lack of equality (1803), 13; state then, 13 n.; advance under Republican rule, 15 n.; later social life at Richmond, 394. See also Bill of Rights; Communication; Economic conditions; Education; Government; Law and order; Literature; Marriage; Religion; Slavery.

Society, M.'s dislike of official, at Washington, =4=, 83-85.

"Somers," attack on M., =4=, 360 n., 361 n.

South Carolina, and M'Culloch vs. Maryland, =4=, 334; Elkison negro seaman case, attack on Johnson's decision, 382, 383; and Tariff of 1828, 537; effect of Georgia-Cherokee contest on, 552. See also Nullification.

South Carolina Yazoo Company, =3=, 553 n. See also Yazoo.

Spain, attitude toward United States (1794), =2=, 109; depredations on American commerce, 496; intrigue in West, Wilkinson as agent, =3=, 283, 284; resentment of West, expectation of war over West Florida, 284, 285, 295, 301, 306, 312, 383 n.; treaty of 1795, 550 n.; intrigue and Yazoo grant, 554.

Spanish America, desire to free, =3=, 284, 286; Miranda's plans, 286, 300, 301, 306; revolt and M.'s contribution to international law, =4=, 126-28. See also Burr Conspiracy.

Speculation, after funding, =2=, 82, 85; in land, 202; as National trait, =3=, 557; after War of 1812, =4=, 169, 181-84. See also Crisis of, 1819.

Speech, freedom, and sedition trials, =3=, 42. See also Press.

Stamp Act, opposition in Virginia, =1=, 61-65.

Standing army. See Army.

Stanley, John, in Judiciary debate (1802), =3=, 74 n., 75.

Stark, John, Ware vs. Hylton, =2=, 188.

State Rights and Sovereignty, effect on Revolutionary army, =1=, 82, 88-90, 100; in American Revolution, 146; and failure of the Confederation, 308-10; union with democracy, =3=, 48; and declaring Federal acts void, 105; M. on, as factor under Confederation, 259-62; compact, =4=, 316; strict construction and reserved rights, 324 n.; Taylor's exposition, 335-39; forces (c. 1821), 370; M. on effect of strict construction, 442; and Georgia-Cherokee contest, 541; incompatible with federation, 571. See also Contracts; Eleventh Amendment; Implied powers; Government; Kentucky Resolutions; Nationalism; Nullification; Secession; Virginia Resolutions.

States, Madison on necessity of Federal veto of acts, =1=, 312; suits against, in Federal courts, 454, =2=, 83. See also Government.

Stay and tender act in Virginia, =1=, 207 n. See also Debts.

Steamboats, Fulton's experiments, Livingston's interest, =4=, 397-99; Livingston's grants of monopoly in New York, 399; first on the Mississippi, grant of monopoly in Louisiana, 402, 402 n., 403 n., 414; other grants of monopoly, 415; interstate retaliation, 415; great development, 415, 416. See also Gibbons vs. Ogden.

Steele, Jonathan, witness against Pickering, reward, =3=, 181 n.

Stephen, Adam, in Ratification Convention, characterized, =1=, 465; on Indians, 465.

Steuben, Baron von, on Revolutionary army, =1=, 84; training of the army, 88 n., 133.

Stevens, Edward, officer of minute men, =1=, 69.

Stevens, Thaddeus, as House leader, =3=, 84 n.

Stevens vs. Taliaferro, =2=, 180 n.

Stevenson, Andrew, resolution against M'Culloch vs. Maryland, =4=, 324; and repeal of appellate jurisdiction of Supreme Court, 379.

Stewart, Dr. ----, and Jay Treaty, =2=, 121.

Stirling, William, Lord, intrigue against, =1=, 122.

Stith, Judge, and Yazoo lands, =3=, 555.

Stoddert, Benjamin, Aurora on, =2=, 492; at Burr trial, =3=, 458; as Secretary of the Navy, 458 n.; proposes M. for President, =4=, 31-34.

Stone, David, and Granville heirs case, =4=, 155 n.

Stone vs. Mississippi, =4=, 279 n.

Stony Point, assault, =1=, 138-42.

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

Story, Elisha, Republican, =4=, 96; children, 97; in Revolution, 97 n.

Story, Joseph, on M. and his father, =1=, 43; on M. in Jonathan Robins case, =2=, 473; on Washington (1808), =3=, 6; and common-law jurisdiction, 28 n., =4=, 30 n.; on Chase, =3=, 184 n.; on Jefferson's Anas, 230 n.; and Yazoo claims, 583, 586; on conduct of Minister Jackson, =4=, 23; on conduct of Federalists (1809), 23 n.; on Federalists and War of 1812, 30, 40; on Chief Justiceship, 59 n.; appointed Justice, history of appointment, 60, 106-10; compared and contrasted with M., 60; on M.'s attitude toward women, 71; and poetry, 80; on M.'s charm, 81; on life of Justices, 86, 87; on M.'s desire for argument of cases, 94 n., 95 n.; character, 95; as supplement to M., 96, 120, 523; Republican, 96; birth, education, 97; antipathy of Federalists, 97; in Congress, Jefferson's enmity, 97, 99; cultivated by Federalists, 98; devotion to M., 99, 523; authority on law of real estate, 100; and Nationalism, 116, 145; on constitutionality of Embargo, 118 n.; authority on admiralty, 119; United States vs. Palmer, 126; appearance, 132; on oratory before Supreme Court, 133, 135 n.; dissent in Nereid case, 142; opinions in Martin vs. Hunter's Lessee, 144, 145, 156, 161-64; assailed for opinion, contemplates resignation, 166; and Dartmouth College case, 232, 243 n., 251, 255, 257, 259 n., 274, 275; opinion in Terrett vs. Taylor, 243; on Dartmouth decision, 277; on M'Culloch vs. Maryland, 284, 287; and M.'s reply to Roane, 322; omnivorous reader, 363; and Jefferson's attack on Judiciary, 363, 364; opinion in Green vs. Biddle, 376; on Todd's absence, 381 n.; in Massachusetts Constitutional Convention, 471; on slave trade and law of nations, 476; opinion in Bank vs. Dandridge, 482; dissent in Ogden vs. Saunders, 482 n.; on proposed repeal of appellate jurisdiction, 514; and M.'s suggested resignation, 520; on M.'s recovery, 528; dissent in Cherokee Nation vs. Georgia, 546 n.; on Worcester vs. Georgia, 551; on Nullification movement, 559; on Jackson's Proclamation, 563; M. and Commentaries and its dedication, 569, 576, 580, 581; on Webster's speech against Nullification, 572; article on statesmen, 577; on M.'s green old age, 579; and Briscoe vs. Bank and New York vs. Miln, 583, 584 n.; and M.'s decline, 586, 587; epitaph for M., 592, 593.

Strict construction. See Nationalism; State Rights.

Strong, Caleb, and Judiciary Act of 1789, =3=, 129.

Stuart, David, and chancery bill (1787), =1=, 219; on title for President, =2=, 36; on Virginia's hostility to National Government (1790), 68 n.

Stuart, Gilbert, and engraving for M.'s Washington, =3=, 236 n.; portraits of Dartmouth College case counsel, =4=, 255 n.

Stuart vs. Laird, =3=, 130.

Sturges vs. Crowninshield, case, =4=, 209; M.'s opinion, 209-18; right of State to enact bankruptcy laws, 208-12; New York insolvency law as impairing the obligation of contracts, 212-18; reception of opinion, 218, 219.

Sturgis, Josiah. See Sturges vs. Crowninshield.

Subpoena duces tecum, to President Adams, =3=, 33, 86; to Jefferson in Burr trial, 433-47, 450, 518-22; Jefferson's reply, 454-56; of Cabinet officers in Ogden-Smith case, 436 n.

Suffrage, limitation, =1=, 217 n., 284, =3=, 13 n., 15 n.; problem in Virginia, M.'s conservatism on it, =4=, 468-71; in Massachusetts Constitutional Convention (1820), 471; debate in Virginia Constitutional Convention (1830), 501-07.

Sullivan, George, counsel in Dartmouth College case, =4=, 234.

Sullivan, John, dissatisfaction, =1=, 86; Brandywine campaign, 95; Germantown, 102; intrigue against, 122.

Sullivan, John L., steamboat monopoly, =4=, 415.

Sullivan, Samuel, Osborn vs. Bank, =4=, 331.

Sumter, Thomas, on Judiciary Act of 1789, =3=, 54; and Yazoo claims, 583.

Supreme Court, Ware vs. Hylton, M.'s argument, =2=, 189-92; Hunter vs. Fairfax, 206-08; M. declines Associate Justiceship, 347, 378, 379; salaries (1800), 539 n.; question of Chief Justice (1801), 552; Jefferson's attitude and plans against, =3=, 20-22; United States vs. Hudson, no Federal common-law jurisdiction, 28 n.; influence of Alien and Sedition Acts on position, 49; Justices on circuit, 55; act abolishing June session, purpose, 94-97; low place in public esteem, 120; first room in Capitol, 121 n.; mandamus jurisdiction, 127-32; plan to impeach all Federal Justices, 159-63, 173, 176, 178; release of Swartwout and Bollmann on habeas corpus, 346, 348-57; renewal of attack on, during Burr trial, 357; becomes Republican, =4=, 60; under M. life and consultations of Justices, 86-89; character on M.'s control, 89; practitioners in M.'s time, 94, 95, 131-35; appointment of successor to Cushing, Story, 106-10; quarters after burning of Capitol, 130; appearance in Nereid case, 131; Martin vs. Hunter's Lessee, right of appeal from State courts, 156-67; salary question (1816), 166; change in repute, 310; apostacy of Republican Justices, 317, 358, 359, 444; Wirt on, 369 n.; attack in Congress, movement to restrict power over State laws (1821-25), 371-80, 394-96, 450; renewal of attempt (1830), 514-17; proposed Virginia amendment, 371, 378; Green vs. Biddle, protest of Kentucky, 375-77, 380-82; alarm in, over attacks, 381; reversal of attitude toward, causes, 450-54; personnel (1830), 510; becomes restive under M.'s rule, 510, 513; M. anticipates reaction in, against Nationalism, 513, 514, 582, 584; Jefferson's later denunciation, 538; Jackson's denial of authority of opinions, 530-32; rule of majority on constitutional questions, 583. See also Commerce; Contracts; Declaring acts void; Implied powers; International law; Judiciary; Marshall, John (Chief Justice); Nationalism; Story, Joseph; cases by title.

Swartwout, Samuel, takes Burr's letter to Wilkinson, =3=, 307; and Wilkinson, 320, 332 n., 354 n.; denial of Wilkinson's statement, 320 n.; character then, later fall, 321 n., 465; arrested, mistreatment, 332, 334; brought to Washington, 343; held for trial, 344-46; discharged by Supreme Court, 346-57; testifies at Burr trial, 465; not indicted, 466 n.; insults and challenges Wilkinson, 471; as Jackson's adviser, =4=, 532 n.

Sweden, and Barbary Powers, =2=, 499.

Talbot, Isham, on Supreme Court, =4=, 451.

Talbot, Silas, Sandwich affair, =2=, 496; Amelia case, =3=, 16.

Talbot vs. Seeman, =3=, 16, 17, 273 n.

Taliaferro, Lawrence, colonel of minute men, =1=, 69.

Talleyrand Périgord, Charles M. de, on narrow belt of settlement, =1=, 258; on Baltimore, 264; on food and drink, 282; rise, =2=, 249, 250; opinion of United States, 250, 251; and Bonaparte, 272, 288; and reopening of American negotiations, 423. See also X. Y. Z. Mission.

Tallmadge, Benjamin, on War of 1812, =4=, 40 n.

Talmadge, Matthias B., Ogden-Smith trial, =3=, 436 n.

Taney, Roger B., as practitioner before M., =4=, 135 n.; counsel in Brown vs. Maryland, 455; career, 455 n.; later opinion on Brown vs. Maryland, 460; Chief Justice, 584 n.

Tariff, antagonistic State laws during Confederation, =1=, 310, 311; Taylor's attack on protection, =4=, 338 n., 366-68; as element in strife of political theories, 370, 536; threatened resistance, reference to by M. and Johnson, 384, 388 n., 394 n., 459, 536, 537, 555; debate (1824) and Gibbons vs. Ogden, 421; Compromise, 574. See also Import duties; Nullification; Taxation.

Tarleton, Banastre, in Philadelphia society, =1=, 109; in Virginia, 144 n.

Tarring and feathering, practice, =1=, 214 n.

Tassels, George, trial and execution, =4=, 542, 543.

Tavern, Richmond (1780), =1=, 172; at Raleigh, =4=, 65.

Taxation, Virginia commutable act, =1=, 207 n.; not cause of Shays's Rebellion, 299, 300; opposition to power in Federal Constitution, 334; Ratification debate, 342, 366, 390, 404, 413, 416, 419, 421; proposed amendment on power, 477; Federal, as issue (1800), =2=, 520, 530 n.; exemption of lands as contract, =4=, 221-23; M'Culloch vs. Maryland, Osborn vs. Bank, State taxation of Federal instruments, 302-08; State power and commerce clause, 435, 454-59. See also Directory; Excise; Finances; Requisitions; Tariff.

Taylor, George Keith, and privateer incident, =2=, 106; courtship and marriage, M.'s interest, 174, 175; Federal appointment as nepotism, 560 n.

Taylor, John, of Caroline, Hite vs. Fairfax, =1=, 191, 192; attack on Hamilton's financial system, =2=, 69; suggests idea of Kentucky Resolutions, 397; and Callender trial, =3=, 38 n., 39, 176, 177, 190, 214; and repeal of Judiciary Act, 58 n., 607-10; control of Virginia politics, =4=, 146; attack on M.'s Nationalist opinions, 309, 335-39; attack on protective tariff, 338 n., 366-68.

Taylor, John, of Mass., on travel, =1=, 257; in Ratification Convention, 345.

Taylor, Peter, testimony in Burr trial, =3=, 425, 426, 465, 488.

Taylor, Robert, grand juror on Burr, =3=, 413 n.

Taylor, Thomas, security for Burr, =3=, 429 n.

Tazewell, Littleton W., grand juror on Burr, =3=, 413 n.; on Swartwout, 465 n.; M. soothes, =4=, 88; in Virginia Constitutional Convention, 484; in debate on State Judiciary, 489, 490.

Tennessee, Burr in, his plan to represent in Congress, =3=, 292-96, 312, 313; tax on external banks, =4=, 207; and M'Culloch vs. Maryland, 334.

Tennessee Company, =3=, 550, 553 n. See also Yazoo.

Terence, on law and injustice, =3=, 1.

Terrett vs. Taylor, =4=, 243 n., 246 n.

Territory, powers of Governor, =2=, 446; M. on government, =4=, 142-44.

Thacher, George, and slavery, =2=, 450.

Thatcher, Samuel C., on M.'s biography of Washington, =3=, 269, 270.

Thayer, James B., on M. at Wickham's dinner, =3=, 396 n.

Theater, M. and, =2=, 217, 231.

Thibaudeau, Antoine C. de, and 18th Fructidor, =2=, 240.

Thomas, Robert, and Yazoo lands act, =3=, 547.

Thompson, James, as M.'s instructor, =1=, 53; parish, 54; political opinions, 54; and military preparation, 70.

Thompson, John, address on Jay Treaty, =2=, 126-29; Curtius letters on M., 395, 396, =3=, 354; character, =2=, 396 n.

Thompson, John A., arrest by Georgia, =4=, 574.

Thompson, Lucas P., in Virginia Constitutional Convention, =4=, 496, 500.

Thompson, Philip R., in debate on repeal of Judiciary Act, =3=, 74; and attempt to suspend habeas corpus (1807), 347.

Thompson, Samuel, in Ratification Convention, =1=, 345, 346, 348.

Thompson, Smith, on Livingston steamboat monopoly, =4=, 406; dissents from Brown vs. Maryland, 455; on slave trade and law of nations, 476; opinion in Ogden vs. Saunders, 481 n.; dissent in Craig vs. Missouri, 513; dissent in Cherokee Nation vs. Georgia, 546 n.; and M., 582; and Briscoe vs. Bank and New York vs. Miln, 583.

Thompson, William, attack on M., =3=, 525, 533-35.

Thruston, Buckner, of Smith committee, =3=, 541 n.

Ticknor, George, on M., =4=, 91 n.; on Supreme Court in Nereid case, 131.

Tiffin, Edward, and Burr conspiracy, =3=, 324.

Tilghman, Tench, on luxury in Philadelphia, =1=, 108 n.

Titles, influence of French Revolutions, =2=, 36-38.

Toasts, typical Federalist (1798), =2=, 349 n.; Federalist, to the Judiciary, 548 n.; Burr's, on Washington's birthday, =3=, 280; Jefferson's, on freedom of the seas, =4=, 23; Jackson's "Union," 557.

Tobacco, characteristics of culture, =1=, 19; universal use, =3=, 399.

Todd, Thomas, and Martin vs. Hunter's Lessee, =4=, 153; and Dartmouth College case, 255; and Green vs. Biddle, 381 n.; on regulating power to declare State acts void, 396 n.

Tompkins, Daniel D., and Livingston steamboat monopoly, =4=, 411.

Tories. See Loyalists.

Townsend, Henry A., and Livingston steamboat monopoly, =4=, 409 n.

Tracy, Uriah, and reopening of French negotiations, =2=, 425; on pardon of Fries, 430 n.; on Republican ascendancy (1800), 521 n.; in debate on repeal of Judiciary Act, =3=, 61; on Louisiana Purchase, 150; at Chase trial, 217; and Burr, 281.

Transportation. See Commerce; Communication; Internal improvements.

Travel, hardships, =1=, 250, 255-64; conditions as an index of community isolation, 251, 255; conditions (c. 1815), =3=, 4 n., 5 n.; stage time between Richmond and Raleigh (c. 1810), =4=, 63 n.

Treason, Jefferson's views in 1794 and 1807, =2=, 91; Fries trial, =3=, 34-36; basis of constitutional limitation, 349-51, 402-04; necessity of actual levy of war, what constitutes, 350, 351, 377-79, 388, 442, 491, 505-09, 619; presence of accused at assembly, 350, 484, 493-97, 502, 509-12, 540, 620-26; legal order of proof, 424, 425, 484-87; attempt to amend law, 540.

Treaties, M. on constitutional power of execution, Jonathan Robins case, =2=, 461-71; supreme law, =3=, 17, =4=, 156. See also next title.

Treaty-making power, in Ratification debate, =1=, 442, 444; in contest over Jay Treaty, =2=, 119, 128, 133-36, 141-43.

Trevett vs. Weeden, =3=, 611.

Trimble, David, attack on Supreme Court, =4=, 395.

Trimble, Robert, opinion in Ogden vs. Saunders, =4=, 481 n.

Triplett, James, and Callender trial, =3=, 37.

Tronçon, -----, and 18th Fructidor, =2=, 240.

Troup, George M., and Yazoo claims, denunciation of M., =3=, 596-601.

Troup, Robert on Republicans and X. Y. Z. dispatches, =2=, 339, 342; on M.'s return, 344; on war preparations, 357, 363; on Adams's absence, 431; on disruption of British-debts commission, 501; on Federalist dissensions, 526; on Hamilton's attack on Adams, 528 n.; on Morris in Judiciary debate (1802), =3=, 71; on isolation of Burr, 279 n., 280 n.

Trumbull, Jonathan, and pardon of Williams, =2=, 496 n.

Truxtun, Thomas, and Burr Conspiracy, =3=, 302, 303, 614; at trial, testimony, 451, 458-62, 488; career and grievance, 458 n., 462.

Tucker, George, on social conditions in Virginia, =1=, 23 n., 24 n.

Tucker, Henry St. George, and internal improvements, =4=, 418; counsel in Martin vs. Hunter's Lessee, 161.

Tucker, St. George, on British debts, =1=, 441 n.; and right of secession, =3=, 430; and Martin vs. Hunter's Lessee, =4=, 148 n., 151 n.

Tucker, Thomas T., journey (1790), =3=, 55 n.

Tunno, Adam, and Yazoo lands, =3=, 566 n.

Tupper, Edward W., and Burr conspiracy, =3=, 427.

Turner, Thomas, sale to M.'s father, =1=, 55.

Turner vs. Fendall, =3=, 18.

Turreau, Louis M., on secession threats, =4=, 25 n.

Twelfth Amendment, origin, =2=, 533 n.

Tyler, Comfort, in Burr conspiracy, =3=, 324, 361, 489, 491; indicted for treason, 466 n.

Tyler, John , in Ratification Convention: Vice-President, =1=, 432; in the debate, 440; and amendments, 473, 474; on Judiciary, =3=, 28; on speculation, 557 n.; on M. and neutral trade controversy, =4=, 25; appointment as District Judge, Jefferson's activity, 103-06; Livingston vs. Jefferson, 111-13.

Tyler, John , on Bank of the United States, =4=, 289; and American Colonization Society, 474, 476 n.; tribute to M., 476 n.; in Virginia Constitutional Convention, 484.

Unicorn incident, =2=, 103-06.

Union, M.'s early training in idea, =1=, 9; lack of popular appreciation, 285. See also Confederation; Continental Congress; Federal Constitution; Government; Nationalism; Nullification; State Rights; Secession.

United States Oracle of the Day, on Paterson's charge, =3=, 30 n.

United States vs. Fisher, =3=, 162.

United States vs. Hopkins, =3=, 130 n.

United States vs. Hudson, =3=, 28 n.

United States vs. Lawrence, =3=, 129 n.

United States vs. Palmer, =4=, 126, 127.

United States vs. Peters, =3=, 129 n., =4=, 18-21.

United States vs. Ravara, =3=, 129 n.

United States vs. Schooner Peggy, =3=, 17, 273 n.

United States vs. Worral, =3=, 28 n.

Upper Mississippi Company, Yazoo land purchase, =3=, 550. See also Yazoo.

Upshur, Abel P., and American Colonization Society, =4=, 474; in Virginia Constitutional Convention, 484, 502 n.

Valentine, Edward V., on M., =4=, 67 n.

Valley Forge, army at, =1=, 110-17, 131, 132; M.'s cheerful influence, 117-20, 132; discipline, 120.

Van Buren, Martin, on revolutionary action of Framers, =1=, 323 n.; on Supreme Court, =4=, 380, 452; as Jackson's adviser, 532 n.

Van Horne's Lessee vs. Dorrance, =3=, 612.

Van Ingen, James, and Livingston steamboat monopoly, suits, =4=, 405-09.

Varnum, James M., on army at Valley Forge, =1=, 115.

Varnum, Joseph B., and attempt to suspend habeas corpus (1807), =3=, 348.

Vassalborough, Me., and Ratification, =1=, 341.

Venus case, M.'s dissent, =4=, 128, 129.

Vermont, and Kentucky and Virginia Resolutions, =3=, 105 n., 106; steamboat monopoly, =4=, 415.

Vestries in colonial Virginia, =1=, 52.

Veto of State laws, Madison on necessity of Federal, =1=, 312. See also Declaring acts void.

Villette, Madame de, as agent in X. Y. Z. Mission, =2=, 290; M.'s farewell to, 333.

Virginia, state of colonial society, =1=, 19-28; character and influence of frontiersmen, 28-31; as birthplace of statesmen, 32; colonial roads, 36 n.; vestries, 52; Convention (1775), 65, 66; preparation for the Revolution, 69-74; battle of Great Bridge, 74-78; Norfolk, 78; Jefferson's services during the Revolution, 128; M. in Council of State, 209-12; political machine, 210, =2=, 56 n., =4=, 146, 174, 485-88; suffrage and representation under first Constitution, =1=, 217 n.; religious state and controversy, 220-22; and British debts, 223-31; hardships of travel, 259-62; classes, 277, 278; houses and food, 280, 281; drinking, 281-83; paper money, 296; prosperity during Confederation, 306; tariff, 310; attack on Constitution of 1776 (1789), =2=, 56 n.; and assumption of State debts, 62-69; hostility to new government (1790), 68 n.; and Whiskey Insurrection, 88-90; Unicorn privateer incident, 103-06; election on neutrality issue (1794), 106; and Jay Treaty, 120, 126, 129; Richmond meeting on Jay Treaty, 149-55; Marshall's campaign for Congress (1798), 374-80, 401, 409-16; election methods and scenes, 413-15; survey for internal improvements (1812), =4=, 42-45; M. anticipates split, 571. See also following titles; and Bank of Virginia; Cohens vs. Virginia; House of Burgesses; Legislature; Martin vs. Hunter's Lessee; Ratification.

Virginia Constitutional Convention (1829-30), M. and election to, =4=, 467; need, Jefferson and demand, 468, 469; suffrage problem, M.'s conservatism on in, 469-71; prominent members, 484; petition on suffrage, 484; M.'s report on Judiciary, 484, 485; existing oligarchic system, 485-88; extent of demand for judicial reform, 488; M. as reactionary in, 488, 507, 508; M.'s standing, 489; debate on Judiciary, 489-501; debate on suffrage, 501-07; justification of conservatism, 508.

Virginia Resolutions, M. foretells, =2=, 394; framing and adoption, 399; Madison's address of the majority, 400, 411; M.'s address of the minority, 402-06; military measure to uphold, 406, 408; Henry on, 411; consideration in Massachusetts, =3=, 43; Dana on, 45; as Republican gospel, 105-08; resolutions of Federalist States on, 105 n., 106 n.; Madison's later explanation, 557; as continued creed of Virginia, 576, 577. See also State Rights.

Virginia Yazoo Company, =3=, 553 n. See also Yazoo.

Visit and search, by British vessels, =2=, 229. See also Impressment; Neutral trade.

Wadsworth, Peleg, and M. (1796), =2=, 198.

Wait, Thomas B., on Ratification in Pennsylvania, =1=, 331 n., 342.

Waite, Morrison R., on Dartmouth College case, =4=, 280.

Waldo, Albigence, on army at Valley Forge, =1=, 112-14, 124; on prisoners of war, 115.

Walker, David, on Bank of the United States, =4=, 289.

Walker, Freeman, on Missouri question, =4=, 341.

War. See Army; Militia; Navy; Preparedness; and wars by name.

War of 1812, M.'s opposition, =4=, 1, 35-41; bibliography, 8 n.; demanded by second generation of statesmen, 28, 29; declaration, 29; causes, 29 n., 52-55; opposition of Federalists, 30, 45, 46, 48; and M.'s candidacy for President, 31-34; dependence on European war, 50, 51; Hartford Convention, 51; direct and indirect results, 56-58; finances, 177, 179.

Warden, John, offends Virginia House, =1=, 215.

Ware vs. Hylton, M.'s connection and arguments, =2=, 186-92.

Warrington, James, and Yazoo lands, =3=, 566 n.

Warville, Jean P. Brissot de, on tobacco culture, =1=, 20 n.; on drinking, 282 n.

Washington, Bushrod, on Madison in Ratification Convention, =1=, 395; and Jay Treaty, =2=, 121; and M. (1798), 375; appointment to Supreme Court, 378, 379; appearance, =4=, 131, 249; and Martin vs. Hunter's Lessee, 156; and Dartmouth College case, 255; and M.'s reply to attack on M'Culloch vs. Maryland, 318; opinion in Green vs. Biddle, 380; opinion in Ogden vs. Saunders, 481 n.; death, 581. See also Biography.

Washington, George, pre-presidential years: in Braddock's march and defeat, =1=, 2-5; reported slain, 5; and M.'s father, 7, 46; landed estate, 20 n.; as statesman, 32; early reading, 46 n.; influence of Lord Fairfax, 50; on frontier discomforts, 53 n., 54 n.; in Virginia Convention (1775), 66; on military preparedness, 69; on state of the army, 80-83, 86, 92, 131, 132; on militia, 83-86, 100; smallpox, 87 n.; Brandywine campaign, 92-98; campaign before Philadelphia, 98-102; as sole dependence of the Revolution (1778), 101, 121, 124; Germantown, 102-04; besought to apostatize, 105, 130, 131; final movements before Philadelphia, 105-07; fears at Valley Forge, 114; discipline, 120; intrigue against, 121-23; plea for a better Continental Congress, 124-26, 131; distrust of effect of French alliance, 134; Monmouth, 134-38; and Stony Point, 139; and light infantry, 139 n.; and military smartness, 140 n.; and Mary Cary, 150 n.; and purchase of land from M.'s father, 167; employs M.'s legal services, 196; on post-Revolutionary Assembly, 206; and relief for Thomas Paine, 213; and internal improvements, 217; hot-tempered Nationalism during Confederation, 342; loses faith in democracy, 252; on unreliability of newspapers, 268; on drinking, 282 n., 283; on chimney-corner patriots, 286; on debased specie, 297; despair (1786), 301, 307; on requisitions, 305; on responsibility of States for failure of Confederation, 308, 309; on influence in Virginia of previous ratifications, 356; and Randolph's attitude on Ratification, 362, 377 n., 382 n.; on campaign for Anti-Constitutionalist delegates, 366, 367; on opposition of leaders in State politics, 366 n.; on detailed debate in Virginia Convention, 370 n.; influence on Ratification Convention, 476; on the contest in Virginia, 478; and opposition after Ratification, 248; as distiller, =2=, 86 n.; on West and Union, =3=, 282 n.

As President and after: hardships of travel, =1=, 255, 259; influence of French Revolution, =2=, 3; and beginning of French Revolution, 10; and Genêt, 28; and imprisonment of Lafayette, 33; on democratic clubs, 38, 88, 89; Virginia address (1789), 57; on Virginia's opposition (1790), 68 n.; opposes partisanship, 76; and antagonism in Cabinet, 82; and Whiskey Insurrection, 87, 89; and neutrality, 92; on attacks, 93 n., 164; and attacks on M.'s character, 102, 103; and British crisis (1794), 112; attacks on, over Jay Treaty, 116-18; J. Q. Adams on policy, 119 n.; on attacks on treaty, 120; M. refuses Cabinet offices, 122, 123, 147; M. advises on Cabinet positions, 124-26, 132; virtual censure by Virginia Legislature, 137-40; offers French mission to M., 144-46; and support of Jay Treaty, 149, 150; final Republican abuse, 158, 162-64; address of Virginia Legislature (1796), 159-62; and M.'s appointment to X. Y. Z. Mission, 216; Monroe's attack, 222; M.'s letters during X. Y. Z. mission, 229, 233-44, 267-72, 320-23; on hopes for X. Y. Z. Mission, 244; on X. Y. Z. dispatches and French partisans, 340, 359, 360; Federalist toast to (1798), 349 n.; accepts command of army, 357; does not anticipate land war, 357; on Gerry, 365; persuades M. to run for Congress (1798), 374-78; Langhorne letter, 375 n.; and M.'s election, 416; and M.'s apology for statement by supporters, 416, 417; death, M.'s announcement in Congress, 440-43; House resolutions, authorship of "first in war" designation, 443-45; and slavery petitions, 450 n.; temperament contrasted with Adams's, 487 n.; Jefferson's Mazzei letter on, 537 n.; Weems's biography, =3=, 231 n.; and French War, 258 n.; M.'s biography on Administration, 263-65; and Yazoo lands, 569. See also Biography.

Washington, D.C., Morris's land speculation, =2=, 205 n.; condition when first occupied, 494 n.; aspect (1801), =3=, 1-4; lack of progress, 4-6; malaria, 6; absence of churches, 6; boarding-houses, 7; population, 9; drinking, 9; factions, 10; Webster on, =4=, 86. See also District of Columbia.

Washington Federalist, on Hamilton's attack on Adams, =2=, 528; campaign virulence, 530 n.; eulogism of Adams, 532 n.; M.'s reputed influence over, 532 n., 541, 547 n.; and Jefferson-Burr contest, 534 n., 540; on Hay's attack on M., 543 n.; on Republican armed threat, 544 n., 545 n.; sentiment after Jefferson's election, 547 n.; on Judiciary debate (1802), and secession, =3=, 72; on Bayard's speech on Judiciary, 82; on Randolph's speech, 87 n.; on repeal of Judiciary Act, 92, 93; on Burr's farewell address, 274 n.

Washington's birthday, celebration abandoned (1804), =3=, 210 n.; Burr's toast, 280.

Washita lands, Burr's plan to settle, =3=, 292 n., 303, 310, 312, 313, 314 n., 319, 324 n., 361 n., 362, 461, 462, 523, 527;

Water travel, hardships, =1=, 259, =3=, 55 n. See also Steamboat.

Watkins, John, and Burr, =3=, 295; and Wilkinson and Adair, 337 n.

Watson, Elkanah, on army at Valley Forge, =1=, 111 n.; on hardships of travel, 263 n.; on Virginia social conditions, 277 n.; on dissipation, 283 n.

Wayne, Anthony, discipline, =1=, 88; in Brandywine campaign, 93, 95, 96; in Philadelphia campaign, 100; Germantown, 102; Monmouth campaign, 135; Stony Point, 139-41; and supplies, 139 n.; on military smartness, 139 n.

Wayne, C. P., negotiations to publish M.'s biography, =3=, 225-27; agreement, 227, 228; and political situation, 230; solicitation of subscriptions, 230, 235; and M.'s delays and prolixity, 235, 236, 239, 241; and financial problem, 236, 250; payment of royalty, 247, 248, 251; and revised edition, 272.

Wayne, James M., appointment to Supreme Court, =4=, 584.

Webb, Foster, and Tabby Eppes, =1=, 182.

Webster, Daniel, on Yazoo claims, =3=, 602; opposes new Western States, =4=, 28 n.; and War of 1812, 48; opposes conscription, 51 n., 52 n.; on M., 59 n.; on Washington, 86; as practitioner before M., 95, 135; on bank debate, 180; counsel in Dartmouth College case, 233, 234, 260, 273; and story of Indian students, 233 n.; on the trial, 237, 240 n., 250 n., 253 n., 254 n., 261 n., 273, 274; argument in case, 240-52; tribute to Dartmouth, 248-50; fee and portrait, 255 n.; and success in case, 273; counsel in M'Culloch vs. Maryland, appearance, 284; argument, 285; on the case, 288; debt to M. in reply to Hayne, 293 n., 552-55; counsel in Cohens vs. Virginia, 357; in and on debate on Supreme Court, 379, 380, 395, 395 n., 452 n.; counsel in Osborn vs. Bank, 385; resolution on regulating power to declare State acts void, 396, 451; counsel in Gibbons vs. Ogden, 413, 424; argument, 424-27; fanciful story on it, 424 n.; overlooks M.'s earlier decision on question, 427-29; and American Colonization Society, 474; and recharter of the Bank, 530; on Nullification, M.'s commendation, 572.

Webster, Ezekiel, on War of 1812, =4=, 46 n.

Webster, Noah, on Jacobin enthusiasm, =2=, 35 n.; on license of the press, 530; and biography of Washington, =3=, 225 n.

Weems, Mason L., biography of Washington, =3=, 225 n., 231 n.; character, 231; career, 231 n.; soliciting agent for M.'s biography of Washington, 231-34, 252; his orders for books, 252 n., 253 n.

Weld, Isaac, on hardships of travel, =1=, 250; on William and Mary, 272; on lack of comforts, 274; on drinking, 281; on passion for military titles, 328 n.; on attacks on Washington, =2=, 117 n.

Wentworth, John, charter for Dartmouth College, =4=, 224.

West, and attitude toward Union, Spanish intrigue, =3=, 282-85, 297, 299, 554; Burr turns to, 286; M. on internal improvements and (1812), =4=, 43-45; War of 1812 and migration, 57; See also Burr conspiracy; Frontier; Yazoo lands.

West Florida, expected war with Spain over, =3=, 284, 285, 295, 301, 306, 312, 383 n.

West Virginia, M. anticipates formation, =4=, 571.

Western claims, Georgia claim and cession, =3=, 553, 569, 570, 573.

Western Reserve, cession, =2=, 446; Granger's connection, =3=, 578.

Westmoreland County, Vs., slave population (1790), =1=, 21 n.

Wharton, Colonel, and Swartwout and Bollmann, =3=, 344.

Wheaton, Joseph, and Burr, =3=, 304 n.

Wheelock, Eleazer, and origin of Dartmouth College, =4=, 223-26; and Bellamy, 227.

Wheelock, John, President of Dartmouth College, =4=, 226; in Revolution, 226 n.; troubles and removal, 227, 228; reëlected under State reorganization, 232.

Whiskey Insurrection, opposition to Federal excise, =2=, 86, 87; outbreak, 87; democratic societies and, 88, 89; M. and, 89, 90; Jefferson's support, 90; political effect, 91.

Whitaker, Nathaniel, and Dartmouth College, =4=, 223.

White, Abraham, in Ratification Convention, =1=, 345.

White, Samuel, and Pickering impeachment, =3=, 167, 168 n.

White House, in 1801, =3=, 2.

Whitehill, Robert, in Ratification Convention, =1=, 329.

Whitney, Eli, cotton gin, =3=, 555.

Whittington vs. Polk, =3=, 612.

Wickham, John, as lawyer, =1=, 173; mock argument with M., =2=, 184; Ware vs. Hylton, 188; and Chase impeachment, =3=, 176; Burr's counsel, at preliminary hearing, 373, 379, 407; Burr and M. at dinner with, 394-97; on motion to commit Burr for treason, 416, 418, 424; and subpoena to Jefferson, 435; on preliminary proof of overt act, 485; on overt act, 491-94; counsel in Hunter vs. Fairfax's Devisee, =4=, 151; practitioner before M., 237 n.

Wickliffe, Charles A., bill on Supreme Court, =4=, 380.

Widgery, William, in Ratification Convention, =1=, 344, 345, 350.

Wilkins, William, and Burr, =3=, 311 n.

Wilkinson, James, Conway Cabal, =1=, 121-23; as Spanish agent, =3=, 283, 284, 316, 320 n., 337 n.; and Burr's plans, proposes Mexican invasion, 290, 294, 297, 460; and rumors of disunion plans, 297; plans to abandon Burr, 298, 300 n., 320; at Louisiana frontier, expected to bring on war, 302, 308, 314; Burr's cipher letter, 307-09, 614, 615; letters to Adair and Smith, 314; and Swartwout, 320, 354 n., 465; revelation to Jefferson, 321-23, 433, 518-22; ordered to New Orleans, 324; pretended terror, 328; appeal for money to Viceroy, 329; and to Jefferson, 330; reign of terror in New Orleans, 330-37; sends Jefferson a version of Burr's letter, 334; Jefferson's message on it, 339, 341; affidavit and version of Burr's letter in Swartwout case, 341, 352-56; House debate on conduct, 358-60; and Burr in Mississippi, denounced there, 364, 365; attendance awaited at trial of Burr, 383, 393, 415, 416, 429, 431, 432, 440; arrival and conduct, 456, 457; Jackson denounces, 457; before grand jury, barely escapes indictment, 463, 464; swallows Swartwout's insult, 471; fear, Jefferson bolsters, 472, 477; attachment against, 473-75; and Chesapeake-Leopard affair, 476; personal effect of testimony, 523; Daveiss's pamphlet on, 525.

William and Mary College, M. at, =1=, 154; conditions during period of M.'s attendance, 155-58, 272; Phi Beta Kappa, 158; debating, 159; fees from surveys, 179 n.

Williams, ----, counsel for Bollmann, =3=, 453.

Williams, Isaac, trial and pardon, =2=, 495, =3=, 26.

Williams, Robert, in debate on repeal of Judiciary Act, =3=, 73.

Williamsburg, and frontier minute men, =1=, 75; "Palace," 163 n.

Williamson, ----, loyalist, mobbed, =1=, 214.

Williamson, Charles, and Burr, =3=, 288, 289.

Wills, of M.'s putative great-grandfather, =1=, 483, 484; of M.'s grandfather, 485; M.'s, =4=, 525 n.

Wilson, James, and Ratification in Pennsylvania, =1=, 329, 332; and in Virginia, 401; and common-law jurisdiction, =3=, 24-26; and British precedents, 28 n.; on declaring acts void, 115 n., 117; and Yazoo lands, 548, 555; in Federal Convention, on obligation of contracts, 558 n.

Wilson vs. Mason, =3=, 17 n.

Wine, M. as judge, =4=, 79. See also Drinking.

Wirt, William, on William and Mary, =1=, 156 n.; on frontiersmen, 236 n.; on M.'s appearance, =2=, 168, 169; on M. as lawyer, 192, 193, 195, 196; on social contrasts (1803), =3=, 13; Letters of a British Spy, 13 n.; in Callender trial, 38-40, 190, 203; prosecutes Burr, 407; dissipation, 407 n.; on motion to commit Burr for treason, 417; on subpoena to Jefferson, 438, 439; on preliminary proof of overt act, 485; on overt act, 495-97, 616-18; on M. at trial, 517, 521; in trial for misdemeanor, 522; on M.'s personality, =4=, 91 n.; as practitioner before M., 95, 135 n.; on long arguments, 95 n.; on Pinkney, 131 n., 134 n.; counsel in Dartmouth College case, 239, 253; and Kent, 256 n.; counsel in M'Culloch vs. Maryland, 284; and in Cohens vs. Virginia, 357; on importance of Supreme Court, 369 n.; on Oakley, 424; counsel in Gibbons vs. Ogden, 424, 427; and in Brown vs. Maryland, 455; and in Cherokee Nation vs. Georgia, 541, 544, 547; and in Worcester vs. Georgia, 549.

Wolcott, Alexander, and Justiceship, =4=, 110.

Wolcott, Oliver , on Giles, =2=, 84 n.

Wolcott, Oliver , on support of new government (1791), =2=, 61 n., 148; on French Revolution, 92; on M. and new French mission, 433; on M.'s reply to Adams's address (1799), 434; on M.'s position in Congress, 436, 437; underhand opposition to Adams, 488 n., 493, 517 n.; Aurora on, 491; on M. as Secretary of State, 492, 493; on Federalist defeat in M.'s district, 515; on Republican influence over Adams, 518; and Hamilton's attack on Adams, 527 n.; and M. and Jefferson-Burr contest, 536; banquet to, 548; on enlargement of Federal Judiciary, 548; appointment as Circuit Judge, 559, 560; on Washington (1800), =3=, 4, 8, 8 n.; on Jefferson and popularity, 19 n.; on M.'s biography of Washington, 233.

Women, education in colonial Virginia, =1=, 18 n., 24 n.; M.'s attitude, 198, =4=, 71, 72.

Wood, John, attacks on Federalists, =2=, 379, 409; book suppressed by Burr, 380 n.; character, =3=, 316 n.

Woodbridge, Dudley, testimony in Burr trial, =3=, 489.

Woodbury, Levi, hears Dartmouth College case, =4=, 234.

Woodford, William, battle of Great Bridge, =1=, 76; in battle of Germantown, 103.

Woodward, William H., and Dartmouth College case, =4=, 233, 239 n., 273.

Woodworth, John, opinion on Livingston steamboat monopoly, =4=, 449.

Worcester, Samuel A., arrest by Georgia, =4=, 547; pardoned, 552 n. See also Cherokee Indians.

Worcester, Mass., and Ratification, =1=, 341.

Worcester vs. Georgia. See Cherokee Indians.

Workman, James, and Burr, =3=, 295; and Wilkinson's reign of terror, 335.

Wright, John C., counsel in Osborn vs. Bank, =4=, 385.

Wright, Robert, at Chase trial, =3=, 183 n.; on Yazoo claims, 600.

Wylly, Thomas, and Yazoo lands act, =3=, 546, 547.

Wythe, George, M. attends law lectures, =1=, 154; as professor, 157; as judge, 173; candidacy for Ratification Convention, 359; in the Convention: Chairman, 368; appearance, 373; and recommendatory amendments, 469; and Judiciary Act of, 1789, =3=, 129; Commonwealth vs. Caton, 611.

X. Y. Z. Mission, M.'s financial reason for accepting, =2=, 211-13, 371-73; Aurora on M.'s appointment, 218, 219; M. in Philadelphia awaiting voyage, 214-18; Adams on M.'s fitness, 218; M.'s outward voyage, 219-21, 229; as turning point in M.'s career, 221; task, 221; French depredations on neutral trade, 223-25; Pinckney not received as Minister, 224; Adams's address to Congress, French demand for withdrawal, 225, 226, 255, 262, 316; wisdom of appointment, 226; selection of envoys, Gerry, 226-29; envoys at The Hague, Gerry's delay, 230, 231; influence of 18th Fructidor, 244; Washington on expectations, 244; journey to Paris, 245; M.'s pessimistic view of prospects, 246; venality of French Government, 247-49; and victims of French depredations, 249; Talleyrand's opinion of United States, 250; Talleyrand's position and need of money, 251; Gerry's arrival, 251; Talleyrand's informal reception, meeting visualized, 251, 253; Talleyrand's measure of the envoys, 252; Talleyrand and King's conciliatory letter, 252, 253; Church's hint, 254; Paine's interference, 254; American instructions, 255; origin of name, 256, 339; depredations continue, protests of envoys, 257, 258, 270, 271-277, 283, 284, 310, 313, 331; Gerry's opposition to action, 258; Federalist opinions of Gerry, 258 n., 295, 296, 363-65; first unofficial agent's proposal of loan and bribe, 259-61; division of envoys on unofficial negotiations and bribe, 260, 261, 264, 314-17; second unofficial agent, 261; other French demands, 262; further urging of loan and bribe, 263, 265-67, 273-76, 291, 313, 314, 315, 317, 318; proposed return for instructions, 265; and British-American and British-French relations, 271, 283, 295, 312, 321, 322; and treaty of Campo Formio, 271-73; third unofficial agent, 276; intrigue and private conferences with Gerry, 276-78, 287, 294, 295, 310, 311, 313, 333; intimidation, 278, 311; threat of overthrowing Federalists, 278-81, 283, 286, 311; decision against further unofficial negotiations, 281; threat to asperse envoys in United States, 281, 312, 318-20, 327; division on addressing Talleyrand directly, 282; newspaper calumny, 282, 331; Talleyrand's refusal to receive envoys, 284; female agent to work on Pinckney, 290; attempt to use debt to Beaumarchais, 292-94; desire of M. and Pinckney to terminate, demand for passports, 296, 309, 310, 314, 326, 327, 331, 332; preparation of American memorial, 296, 297; its importance, 297; its contents, 297-309; necessity of American neutrality, 298-301; review of Genêt's conduct, 301-03; free ships, free goods, and Jay Treaty, 303-05; defense of Jay Treaty, 305-08; memorial ignored, 310; French plan to retain Gerry, 312, 315, 317, 320, 323, 324, 326, 331; meetings with Talleyrand, 315, 317; dissension, 316, 328; M.'s assertion of purely American attitude, 319; M. on loan as ultimatum, 321; Talleyrand's reply to memorial, 323-26; complaint against American newspaper attacks, 324; insult to M. and Pinckney, 325, 332; American rejoinder, 326, 328-31; Gerry stays, 327, 328, 333, 363; reply on complaint about newspapers, 329-31; departure of M. and Pinckney, 332; M.'s farewell to friends, 333; Pinckney on Gerry and M., 333, 365; conditions in United States during, 335; French reports in United States, 335; arrival of first dispatches, Adams's warning to Congress, 336; Republican demand for dispatches, 336-38; effect of publication, war spirit, Republican about face, 338-43, 363; M.'s return and reception, 343-55; Jefferson's call on M., 346, 347; origin of "millions for defense" slogan, 348; M.'s addresses on, 350, 352, 353, 571-73; Adams's statement of policy, 351; effect on Federalist Party, 355-57, 361; Jefferson's attempt to undo effect, 359-61, 368; effect of dispatches in Europe, 363; Talleyrand's demand on Gerry for the X. Y. Z. names, 364, 366; M.'s fear of Gerry's stay, 365; Adams and M.'s journal, 366; Gerry's defense, M. and question of rejoinder, 367-69; Giles's sneer and Bayard's answer (1802), =3=, 77, 80.

Yates, Joseph C., on Livingston steamboat monopoly, =4=, 406.

Yazoo lands, Rutledge on (1802), =3=, 88; and Chase impeachment, 174; sale act (1795), graft, 546-50; provisions, 550, 551; popular denunciation of act, 551, 559-62; and Indian titles, 552, 569, 570, 592; earlier grant, 554; character of second companies, 554; and invention of cotton gin, 555, 556; matter before first congresses, 560, 569, 570; repeal of grant, theatricalism, 562-66; Hamilton's opinion on validity of titles, 562, 563; resale, "innocent purchasers" and property rights, 566, 578-80, 586, 588-90, 598; National interest, pamphlets, 570-72; and cession of Georgia's Western claim, 574; report of Federal Commission, 574; claim before Congress, Randolph's opposition, 574-83, 595-602; memorial of New England Mississippi Company, 576; popular support of Randolph, 581; obstacles to judicial inquiry, 583; friendly suit, Fletcher vs. Peck before Circuit Court, 583, 584; case before Supreme Court, first hearing, 585; question of collusion, Johnson's separate opinion, 585, 592, 601; second hearing, 585; M.'s opinion, 586-91; legality of grant, effect of corruption, 587, 598, 599; unconstitutionality of repeal, impairment of obligation of contracts, 590, 591; attitude of Administration, 592; importance of opinion, 593-95, 602; congressional denunciation of opinion, 595-601; popular support of denunciation, 599; local influences on settlement, 601; settlement, 602.

York, Me., and Ratification, =1=, 341.

Young, Daniel, and disestablishment in New Hampshire, =4=, 230 n.

Zubly, John J., denounced by Chase, =3=, 185 n.

* * * * *

Transcriber's Notes:

1. Passages in italics are surrounded by underscores.

2. Within index the bold numbers from original are enclosed within =equals= sign indicating the volume for that particular index entry.

3. Obvious errors in spelling and punctuation have been corrected.

4. Footnotes have been renumbered and moved from the page end to the end of their respective chapters.

5. Images have been moved from the middle of a paragraph to the closest paragraph break.

6. Certain words use an oe ligature in the original.

7. Carat character (^) followed by a single letter or a set of letters in curly brackets is indicative of subscript in the original book.