![Light Novel -?=$public_r['add_site_name']?>](/static/content/img/logo.png){kind=logo}
The Life of John Marshall Novel Chapters
List of most recent chapters published for the The Life of John Marshall novel. A total of 288 chapters have been translated and the release date of the last chapter is Apr 02, 2024
Latest Release: Chapter 1 : The Life of John Marshall.Volume 1.by Albert J. Beveridge.PREFACE The work of John Marsh
The Life of John Marshall.Volume 1.by Albert J. Beveridge.PREFACE The work of John Marshall has been of supreme importance in the development of the American Nation, and its influence grows as time pa.s.ses. Less is known of Marshall, however, than of any
- 101 Was.h.i.+ngton was almost as extravagant on the other side. When an opponent of the Alien and Sedition Acts asked him for his opinion of them, he advised his questioner to read the opposing arguments "and consider to what lengths a certain description of
- 102 "Calumny" could be redressed in the State courts; but "usurpation can only be controuled by the act of society [revolution]." Here Madison quotes _verbatim_ and in italics from Marshall's second letter to Talleyrand in defense of the liberty of the p
- 103 Both Republican and Federalist leaders had seen to it that nothing was left undone which might bring victory to their respective candidates.The two political parties had been carefully "drilled to move together in a body." Each party had a business comm
- 104 FOOTNOTES: [856] Marshall to Paulding, April 4, 1835; _Lippincott's Magazine_ (1868), ii, 624-25.[857] Was.h.i.+ngton to Bushrod Was.h.i.+ngton, Aug. 27, 1798; _Writings_: Ford, xiv, 75.[858] _Ib._ In September, 1797, when Marshall was absent on the X. Y
- 105 11, 1821; _Works_: Ford, viii, 459-60.) Although this letter of Jefferson is positive and, in its particulars, detailed and specific, Professor Channing has demonstrated that Jefferson's memory was at fault; that no such conference took place; and that J
- 106 [945] Jefferson to c.o.xe, May 21, 1799; _Works_: Ford, ix, 69-70.[946] _Ib._, 70.[947] For instances of these military letters, see Marshall to Was.h.i.+ngton, June 12, 1799; Was.h.i.+ngton MSS., Lib. Cong.[948] See Morison, i, 156-57; also Hudson: _Jour
- 107 CHAPTER XI INDEPENDENCE IN CONGRESS The Const.i.tution is not designed to secure the rights of the people of Europe or Asia or to direct proceedings against criminals throughout the universe. (Marshall.) The whole world is in arms and no rights are respec
- 108 "3. That a joint committee of both Houses be appointed to report measures suitable to the occasion, and expressive of the profound sorrow with which Congress is penetrated on the loss of a citizen, first in war, first in peace, and first in the hearts of
- 109 The fires kindled by the Alien and Sedition Laws did not heat to greater fervency the public imagination. Here was a case personal and concrete, flaming with color, full of human appeal. Jefferson took quick party advantage of the incident. "I think," w
- 110 Marshall's defense of the army law was scarcely less powerful than his speech in the Robins case; and it reveals much more clearly Marshall's distinctively military temper of mind.Congress had scarcely organized when the question came up of the reductio
- 111 [1005] The Federalists called the Republicans "Democrats," "Jacobins,"etc., as terms of contempt. The Republicans bitterly resented the appellation. The word "Democrat" was not adopted as the formal name of a political party until the nomination for
- 112 [1054] Adams: _Gallatin_, 232.[1055] United States _vs._ Nash _alias_ Robins, Bee's _Reports_, 266.[1056] Jefferson to Charles Pinckney, Oct. 29, 1799; _Works_: Ford, ix, 87.[1057] _Aurora_, Feb. 12, 1800.[1058] _Annals_, 6th Cong., 1st Sess., 511.[1059]
- 113 Few Presidents have ever faced a more difficult party condition than did John Adams when, by a humiliating majority of only three votes, he was elected in 1796. He succeeded Was.h.i.+ngton; the ruling Federalist politicians looked to Hamilton as their par
- 114 Marshall urges this point with great vigor, and concludes that, if a gross amount can be agreed upon, the American Minister must see to it, of course, that this sum is made as small as possible, not "to exceed one million sterling" in any event.[1159] I
- 115 Considerable retrograde steps in this respect have already been taken, and I expect the same course will be continued." If so, "there will exist no cause for war, but to obtain compensation for past injuries"; and this, Marshall is persuaded, is not "
- 116 Two weeks after Congress convened, Roger Griswold of Connecticut reported the eventful bill to carry out this Federalist plan.[1292] It was carefully and ably drawn and greatly widened the practical effectiveness of the National Courts. The Supreme Court
- 117 [1103] "There never was perhaps a greater contrast between two characters than between those of the present President & his predecessor.... The one [Was.h.i.+ngton] cool, considerate, & cautious, the other [Adams] headlong & kindled into flame by every s
- 118 Rel._, ii, 383. Hildreth says that the total amount of claims filed was twenty-four million dollars. (Hildreth, v, 331; and see Marshall to King, _infra_.) [1147] Secretary of State to King, Sept. 4, 1799; _Am. St. Prs., For.Rel._, ii, 383.[1148] Troup to
- 119 [1187] Phelps to Wolcott, July 15, 1800; relating Noah Webster's endors.e.m.e.nt of Adams's opinions; Gibbs, ii, 380.[1188] Ames to Wolcott, Aug. 3, 1800; Gibbs, ii, 396.[1189] In the summer of 1800, Jefferson dined with the President. Adams was utterly
- 120 Although it did not equal the extravagance of the Republican newspapers, the Federalist press was also violent. See, for instance, a satirical poem "by an Hibernian and an Alien" in the _Alexandria Advertiser_, reprinted in the _Was.h.i.+ngton Federalis
- 121 President $25,000 Vice-President 5,000 Chief Justice 4,000 a.s.sociate Justices 3,500 Attorney-General 1,500 Secretary of the Treasury 3,500 Secretary of State 3,500 Secretary of War 3,000 (_Annals_, 1st Cong., 1st Sess., Appendix, 2233-38.) [1264] At the
- 122 [1288] Adams to Congress, Dec. 3, 1799; as written by Marshall; Adams MSS.[1289] Gunn to Hamilton, Dec. 13, 1800; _Works_: Hamilton, vi, 483.[1290] The Federalist att.i.tude is perfectly expressed in the following toast drunk at a banquet to Wolcott, atte
- 123 Joseph Hamilton Davies, a brother-in-law of Marshall's, was appointed United States Attorney for the District of Kentucky; George Keith Taylor, another brother-in-law, was appointed United States Judge of the Fourth Circuit; and Marshall's brother, Jame
- 124 Beall _v._ Edmondson June, 1790 3 Call, 446 Johnsons _v._ Meriwether July, 1790 3 Call, 454 Barrett _et al._ _v._ Floyd _et al._ July, 1790 3 Call, 460 Syme _v._ Johnston December, 1790 3 Call, 482 Ross _v._ Pynes December, 1790 3 Call, 490 Rev. John Brac
- 125 Leftwitch _et ux._ _v._ Stovall Fall Term, 1794 1 Wash. 303 Lee, Ex'r, _v._ Cooke Fall Term, 1794 1 Wash. 306 Burnley _v._ Lambert Fall Term, 1794 1 Wash. 308 Cooke _v._ Beale's Ex'rs Fall Term, 1794 1 Wash. 313 Dandridge _v._ Harris Fall Term, 1794 1
- 126 III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL VIRGINIA. Fredericksburg, Oct. 2 POLITICAL QUESTIONS _Addressed to General_ MARSHALL _with his Answer thereto_ To J. MARSHALL, Esq.RICHMOND, Sept. 12.DEAR SIR, Under a conviction that it will be of utility,
- 127 _See also_ Wood, John. History of Administration of John Adams.ADAMS, JOHN QUINCY. Writings. Edited by Worthington Chauncey Ford. 5 vols. New York. 1913. (_Writings, J. Q. A._: Ford.) ALLEN, GARDNER WELD. Our Naval War with France. Boston. 1909. (Allen: _
- 128 CUNNINGHAM, WILLIAM. _See_ Adams, John. Correspondence.DALLAS, A. J. _See_ United States. Supreme Court Reports.DAVIS, JOHN. Travels of Four Years and a half in the United States of America. 1798-1802. London. 1803. (Davis.) DAVIS, MATTHEW L. Memoirs of A
- 129 1857-75. (_Hist. Mag._) HOWE, HENRY. Historical Collections of Virginia. Charleston, S.C. 1845.(Howe.) HUDSON, FREDERIC. Journalism in the United States from 1690 to 1872. New York. 1873. (Hudson: _Journalism in the United States_.) HUNT, GAILLARD, _edito
- 130 ---- Life of George Was.h.i.+ngton. [1st Edition.] 5 vols. Philadelphia.1805. [2d Edition.] 2 vols. Philadelphia. 1840. [The 2d Edition is cited in this work unless otherwise stated in the notes.] (Marshall.) _See also_ Thayer, James Bradley. John Marshal
- 131 1796-1897. (Sloane: _Life of Napoleon_.) SMITH, JOHN JAY, _and_ WATSON, JOHN FANNING, _joint editors_. _American Historical and Literary Curiosities._ New York. 1852. (_Am. Hist. and Lit. Curiosities._) _Southern Literary Messenger._ Vols. 1-38. New York
- 132 _Also_ Marshall, John. Life of George Was.h.i.+ngton. _Also see_ Paulding, James K. Life of Was.h.i.+ngton. WAs.h.i.+NGTON, H. A., _editor_. _See_ Jefferson, Thomas. Writings. WATSON, JOHN FANNING. Annals of Philadelphia and Pennsylvania, In the Olden Tim
- 133 The Life of John Marshall.Volume 3.by Albert J. Beveridge.PREFACE Marshall's great Const.i.tutional opinions grew out of, or were addressed to, serious public conditions, national in extent. In these volumes the effort is made to relate the circ.u.mstanc
- 134 This conduct of the National Judiciary furnished Jefferson with another of those "issues" of which that astute politician knew how to make such effective use. He quickly seized upon it, and with characteristic fervency of phrase used it as a powerful we
- 135 The questions which lay at the root of the Republican a.s.sault upon the Judiciary would not of themselves, and without the human and dramatic incidents of which the cases mentioned are examples, have wrought up among citizens that fighting spirit essenti
- 136 "The workmen are the refuse of that cla.s.s and, nevertheless very high in their demands." (La Rochefoucauld-Liancourt: _Travels Through the United States of North America_, III, 650.) [36] "To Thomas Hume, Esq., M.D.," Moore: _Poetical Works_, II, 83
- 137 [72] Sedgwick to King, Dec. 14, 1801, King, IV, 36.[73] Hale to King, Dec. 19, 1801, King, IV, 39.[74] It must be carefully kept in mind that from the beginning of the Revolution most of the people were antagonistic to courts of any kind, and bitterly hos
- 138 [115] See vol. II, 429 _et seq._ of this work.[116] Jefferson to Mason, Oct. 11, 1798, _Works_: Ford, VIII, 449-50; same to Callender, Sept. 6, 1799, _ib._ IX, 81-82; same to same, Oct. 6, 1799, _ib._ 83-84; Pickering to Higginson, Jan. 6, 1804, Pickering
- 139 To a.s.sist Senators and Representatives in determining "the proportion which the inst.i.tution bears to the business it has to perform" Jefferson had "procured from the several states ... an exact statement of all the causes decided since the first es
- 140 "The Legislature," he continued, "have the exclusive right to interpret the Const.i.tution, in what regards the law-making power, and the judges are bound to execute the laws they make. For the Legislature would have at least an equal right to annul th
- 141 John Rutledge, Jr., of South Carolina, then delivered one of the most distinguished addresses of this notable discussion. Suppose, he said, that Congress were to pa.s.s any of the laws which the Const.i.tution forbids, "who are to decide between the Cons
- 142 [156] _Ib._ 833-34.[157] _Ib._ 864-65.[158] _Maclay's Journal_, 98.[159] Grayson to Henry, Sept. 29, 1789, Tyler, I, 170-71.[160] Davie to Iredell, Aug. 2, 1791, _Life and Correspondence of James Iredell_: McRee, II, 335.[161] Vol. II, 552-53, of this wo
- 143 [194] _Annals_, 7th Cong. 1st Sess. 99.[195] Morris notes in his diary that, on the same day, the Senate resolved "to admit a short-hand writer to their floor. This is the beginning of mischief." (Morris, II, 416-17.) [196] January 27, 1802.[197] _Annal
- 144 [240] _Ib._ 609.[241] _Ib._ 611.[242] _Ib._ 614.[243] _Annals_, 7th Cong. 1st Sess. 615.[244] Bayard's summary of the shortcomings of the Ellsworth Act of 1789 and the excellence of the Judiciary Act of 1801 (_Annals_, 7th Cong. 1st Sess. 616-27) was the
- 145 [286] March 23, 1802.[287] March 15, 1802.[288] Vans Murray to King, April 5, 1802, King, IV, 95.[289] Sedgwick to King, Feb. 20, 1802, _ib._ 73.[290] Ames to Dwight, April 16, 1802, Ames, I, 297.[291] _Annals_, 7th Cong. 1st Sess. 201.[292] _Ib._ 205.[29
- 146 Should this conclusion go unchallenged? If so, it would have the sanction of acquiescence and soon acquire the strength of custom. What then would become the condition of the country? Congress might pa.s.s a law which some States would oppose and which th
- 147 Furthermore, from the organization of the Supreme Court to that moment, the bench and bar had accepted it, and the Justices of the Supreme Court, sitting with National district judges, had recognized its authority when called upon to take action in a part
- 148 The President was amazed when the news reached him. He did not want Louisiana[404]--nothing was further from his mind than the purchase of it.[405] The immorality of the acquisition affected him not at all; but the inconvenience did. He did not know what
- 149 [323] March 2, 1801.[324] _Journal of the Executive Proceedings of the Senate_, I, 388.[325] _Ib._ 390.[326] _Ib._ 404. Jefferson did this because, as he said, the appointees of Adams were too numerous.[327] _Journal, Exec. Proc. Senate_, I, 417.[328] See
- 150 The weakness of the Supreme Court, before Marshall became Chief Justice, is forcibly ill.u.s.trated by the fact that in designing and building the National Capitol that tribunal was entirely forgotten and no chamber provided for it. (See Hosea Morrill Kno
- 151 [395] It must be borne in mind that the American Const.i.tution declares that, in and of itself, it is law--the supreme law of the land; and that no other written const.i.tution makes any such a.s.sertion.[396] See _infra_, chap. IV.[397] Jefferson to Mrs
- 152 They were sitting before the blazing logs in the wide fireplace that warmed the Senate Chamber. John Randolph, the Republican leader of the House, and Israel Smith, a Republican Senator from Vermont, were also in the group. The talk was of the approaching
- 153 "The other charges except the 1st & 4th which I suppose to be altogether unfounded, seem still less to furnish cause for impeachment. But the little finger of [blotted out--probably "democracy"] is heavier than the loins of ----.[492]"Farewell--With m
- 154 "If," continued Marshall, "this is not considered tyrannical, oppressive and overbearing, I know nothing else that was so." It was usual for courts to hear counsel upon the validity of rulings "not solemnly p.r.o.nounced," and "by no means usual in
- 155 Rodney was for a "rational independence of the Judiciary," but not for the "inviolability of judges more than of Kings.[560] In this country I am afraid the doctrine has been carried to such an extravagant length, that the Judiciary may be considered l
- 156 [436] William Johnson of South Carolina, appointed March 26, 1804, vice William Moore, resigned. Johnson was a stanch Jeffersonian when appointed. He was thirty-three years old at the time he was made a.s.sociate Justice.[437] It is impossible to put too
- 157 [476] See _supra_, chap. I. For the articles of impeachment see _Annals_, 8th Cong. 2d Sess. 85-88; _Chase Trial_, 10-11.The Republicans, for a time, contemplated the impeachment of Richard Peters, Judge of the United States Court for the District of Penn
- 158 [511] _Maryland Historical Society Fund-Publication No. 24_, p. 20. Burr told Key that "he must not appear as counsel with his loose coat on."(Plumer, Feb. 11, 1805, "Diary," Plumer MSS. Lib. Cong.) [512] Adams: _U.S._ II, 227-28. Bayard strongly urge
- 159 "His argument ... was one of the most able ... I ever heard." (Plumer, Feb. 21, 1805, "Diary," Plumer MSS. Lib. Cong.) [542] Feb. 22, 1805, _Memoirs, J. Q. A._: Adams, I, 356.[543] _Annals_, 8th Cong. 2d Sess. 394-413; see also _Chase Trial_, 149-62;
- 160 [586] Cutler, II, 185.[587] _Annals_, 8th Cong. 2d Sess. 1213; and see J. Q. Adams to his father, March 14, 1805, _Writings, J. Q. A._: Ford, III, 117.[588] Jan. 30, 1805, _Memoirs, J. Q. A._: Adams, I, 341.[589] See Adams: _U.S._ II, 243.[590] See _infra
- 161 At last, more than three years after Marshall had decided to embark upon the uncertain sea of authors.h.i.+p, he finished the first of the five volumes. And such a ma.s.s of ma.n.u.script! "It will make _at least_ Eight hundred pages!!!!" moaned the dis
- 162 The delay in the publication of Marshall's first volumes and the disfavor with which the public received them when finally they appeared, had, it seems, cooled the ardor of the horseback-and-saddlebag distributor of literary treasures. At all events, he
- 163 Thatcher concludes that Marshall's just and balanced treatment of his subject is not due to a care for his own reputation: "We are all so full of agitation and effervescence on political topicks, that a man, who keeps his temper, can hardly gain a heari
- 164 [625] Wayne to Bushrod Was.h.i.+ngton, Nov. 3, 1803, Dreer MSS. _loc. cit._ It would seem from this letter that Marshall and Was.h.i.+ngton had reduced their lump cash price from $100,000 to $70,000. In stating his expenses, Wayne says that the painter "
- 165 [672] Marshall to Wayne, March 16, 1805, Dreer MSS. _loc. cit._ [673] Same to same, June 29, 1805, Dreer MSS. _loc. cit._ [674] Wayne to Was.h.i.+ngton, July 4, 1804, Dreer MSS. _loc. cit._ [675] Marshall to Wayne, Oct. 5, 1805, Dreer MSS. _loc. cit._ [67
- 166 [716] _Ib._ 132.[717] _Ib._ 133-50.[718] Marshall, V, 178-79. Thus Marshall, writing in 1806, states one of the central principles of the Const.i.tution as he interpreted it from the Bench years later in three of the most important of American judicial op
- 167 His fine ancestry now counted for nothing with the reigning politicians of either party. None of them cared that he came of a family which, on both sides, was among the worthiest in all the country.[755] His superb education went for naught. His brilliant
- 168 Mythical accounts of Burr's doings and intentions had now sprung up in the East. The universally known wish of New England Federalist leaders for a division of the country, the common talk east of the Alleghanies that this was inevitable, the vivid memor
- 169 Daveiss failed to produce a single witness, and Burr, "after a dignified and grave harangue," was discharged, to the tumultuous delight of the people.[865]Two weeks later the discomfited but persistent and undaunted District Attorney again demanded of J
- 170 plot of Aaron Burr was already on every tongue; but here, indeed, was an anti-climax.The Senate referred the brief paragraph of the President's Message relating to the conspiracy to a special committee. The committee took no action. Everybody was in susp
- 171 "The [Federalist] members of the Senate," continues Merry, "have availed themselves of the opportunity of their being collected here to hold private meetings on this subject, and ... their plans and calculations respecting the event have been long seri
- 172 589-609, 616-22.[813] Except, of course, Wilkinson's story that Burr urged Western revolution, during the conference of these two men at St. Louis.[814] McCaleb, 34.[815] Wilkinson's testimony, _Annals_, 10th Cong. 1st Sess. 611.[816] McCaleb, 35; Parto
- 173 [851] "There were not a thousand persons in the United States who did not think war with Spain inevitable, impending, begun!" (Parton: _Burr_, 407; McCaleb, 110.) [852] See Jefferson to Jackson, Dec. 3,1806, as quoted in McCaleb, 82.[853] See testimony
- 174 [886] For instance, at Nashville, Burr was burnt in effigy in the public square. (Parton: _Jackson_, I, 322.) At Cincinnati an amusing panic occurred: three merchant scows loaded with dry goods were believed to be a part of Burr's flotilla of war vessels
- 175 CHAPTER VII THE CAPTURE AND ARRAIGNMENT It was President Jefferson who directed and animated the prosecution. (Winfield Scott.) The President's popularity is unbounded and his will is that of the nation. (Joseph Nicholson.) The press from one end of the
- 176 James Elliot of Vermont said that "most of the privileges intended to be secured" by the Fourth, Fifth, and Sixth Amendments[953] "have recently been denied ... at the point of the bayonet, and under circ.u.mstances of peculiar violence." He read Wilk
- 177 Marshall had carefully written his opinion. At the close of court on the preceding day, he had announced that he would do this in order "to prevent any misrepresentations of expressions that might fall on him."He had also a.s.sured Hay that, in case he
- 178 In the same letter Jefferson also sent to Hay the affidavit of one Jacob Dunbaugh, containing a ma.s.s of bizarre falsehoods, as was made plain during the trial. Dunbaugh was a sergeant who had been arrested for desertion and had been pardoned by Wilkinso
- 179 [946] Wilkinson declared in his affidavit that he "drew" from Swartwout the following disclosures: "Colonel Burr, with the support of a powerful a.s.sociation, extending from New York to New Orleans, was levying an armed body of seven thousand men from
- 180 [991] _Burr Trials_, I, 20. His "property," however, represented borrowed money.[992] Burr to his daughter, May 15, 1807, Davis, II, 405-06.[993] Burr to his daughter, May 15, 1807, Davis, II, 405-06.[994] Giles to Jefferson, April 6, 1807, Anderson, 11
- 181 [Ill.u.s.tration: _The Old State House. Richmond, Va._ _Where Marshall presided at the Burr trial._]In the concourse thus drawn to Richmond, few there were who were not certain that Burr had planned and attempted to a.s.sa.s.sinate Jefferson, overthrow th
- 182 and yet, even now, the Government was not ready. Nevertheless, the court was again asked to imprison him for an alleged offense for which the prosecution admitted it had not so much as the slight evidence required to secure his indictment by the grand jur
- 183 Hay was sadly confused. He would try to get all the papers wanted if Marshall would say that they were material. How, asked Marshall, could the court decide that question without inspecting the papers? "Why ...issue a subpoena to the President?" inquire
- 184 The immediate effect of Marshall's ruling was the one Jefferson most dreaded. For the first time, most Republicans approved of the opinion of John Marshall. In the fanatical politics of the time there was enough of honest adherence to the American ideal,
- 185 Next Wilkinson detailed to the grand jury the revelations he had made to Jefferson. He produced Burr's cipher letter to him, and was forced to admit that he had left out the opening sentence of it--"Yours, postmarked 13th of May, is received"--and that
- 186 [1048] _Ib._ 41-42.[1049] _Burr Trials_, I, 41-42.[1050] Jefferson to Nicholas, Feb. 28, 1807, _Works_: Ford, X, 370-71.[1051] _Burr Trials_, I, 43.[1052] _Ib._ 44.[1053] In view of the hatred which Marshall knew Randolph felt toward Jefferson, it is hard
- 187 [1098] _Burr Trials_, I, 115-18.[1099] Hay to Jefferson, June 9, 1807, Jefferson MSS. Lib. Cong.[1100] Jefferson to Hay, June 12, 1807, _Works_: Ford, X, 398-99.[1101] _Burr Trials_, I, 124-25.[1102] Irving to Mrs. Hoffman, June 4, 1807, Irving, I, 143.[1
- 188 [1138] _Annals_, 10th Cong. 1st Sess. 452-63. See note 1, next page.[1139] Wilkinson's testimony on the trial for misdemeanor (_Annals_, 10th Cong. 1st Sess, 520-22) was the same as before the grand jury."Wilkinson is now before the grand jury, and has
- 189 Burr wrote Theodosia of his many visitors, women as well as men: "It is well that I have an ante-chamber, or I should often be _gene_ with visitors." If Theodosia should come on for the trial, he playfully admonishes her that there must be "
- 190 When Randolph closed, on Friday, August 21, Hay asked Marshall to postpone further discussion until Monday, that counsel for the Government might prepare their arguments.[1217] Burr's attorneys stoutly objected, but Marshall wisely granted Hay's
- 191 If this were not so, then a man levying war in one part of the country might be construed to be present at and taking part in hostilities at the most distant point of the Republic--a partic.i.p.ator in "every overt act performed anywhere"; and h
- 192 Just at this time appeared a pamphlet[1311] by Marshall's brother-in-law, Joseph Hamilton Daveiss. Jefferson had removed him from the office of United States Attorney for the District of Kentucky because of Daveiss's failure in his attacks on Bu
- 193 "If," wrote Adams, "the daylight of evidence combining one vast complicated intention, with overt acts innumerable, be not excluded from the mind by the curtain of artificial rules, the simplest understanding cannot but see what the subtles
- 194 [1192] _Ib._ 370-85.[1193] _Ib._ 385-414.[1194] _Burr Trials_, I, 414-20.[1195] Hay to Jefferson, Aug. 11, 1807, Jefferson MSS. Lib. Cong.[1196] _Burr Trials_, I, 433-51.[1197] Hay had announced that Eaton's testimony would be to the same effect as h
- 195 [1239] _Ib._ 193-94.[1240] _Ib._ 200-19, 235.[1241] See vol. II, 201, 428, of this work.[1242] _Burr Trials_, II, 237-80.[1243] Blennerha.s.sett, in his diary, makes frequent mention of Martin's drinking: "Martin was both yesterday and to-day mo
- 196 [1286] _Ib._ 480. This statement of Botts is of first importance. The whole proceeding on the part of the Government was conspicuously marked by a reliance upon public sentiment to influence court and jury through unceasing efforts to keep burning the fir
- 197 [1334] _Enquirer_, Nov. 24, 1807.[1335] Marshall's _Life of Was.h.i.+ngton_.[1336] See vol. II, 395-96, of this work.[1337] "Letters to John Marshall, Chief Justice of the United States,"in the _Aurora_, reprinted in the _Enquirer_, Dec. 1,
- 198 By the G.o.d of Heaven, if we go on in this way, our nation will sink into disgrace and slavery. (John Tyler.) Millions of acres are easily digested by such stomachs. They buy and sell corruption in the gross. (John Randolph.) When a law is in its nature
- 199 A committee, appointed to devise a method for destroying the records, immediately reported that this should be done by cutting out of the books the leaves containing them. As to the enrolled bill containing the "usurped act," an elaborate perfor
- 200 The State of Georgia did not bring this action; nor, "by this count" of the complaint, did it appear that the State was dissatisfied. On the face of the pleadings a purchaser of Georgia land declares that the seller had no t.i.tle because "