![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
- 201 Thus John Marshall's great opinion was influential in securing from Congress the settlement of the claims of numerous innocent investors who had, in good faith, purchased from a band of legislative corruptionists.Of infinitely more importance, howeve
- 202 [1398] Robert Watkins.[1399] See Report of the Commissioners, _Am. State Papers, Public Lands_, I, 132-35.[1400] The "Yazoo men" carried two counties.[1401] Chappell, 126.[1402] The outgoing Governor, George Mathews, in his last message to the L
- 203 [1446] Perez Morton and Gideon Granger. Morton, like Granger, was a Republican and a devoted Jeffersonian. He went annually to Was.h.i.+ngton to lobby for the Yazoo claimants and a.s.siduously courted the President. In Boston the Federalists said that his
- 204 [1495] Harden: _Life of George M. Troup_, 9.[1496] _Annals_, 11th Cong. 2d. Sess. 1882.[1497] _Ib._ [1498] _Annals_, 11th Cong. 3d Sess. 415.[1499] _Annals_, 12th Cong. 2d Sess. 856-59.[1500] _Annals_, 12th Cong. 2d Sess. 860.[1501] _Annals_, 13th Cong. 2
- 205 Nor is it incompatible with the "good behaviour" tenure, when its origin is considered. It was invented in England, to counteract the influence of the crown over the judges, and we have rushed into the principle with such precipitancy, in imitat
- 206 Who is Blennerha.s.sett? A native of Ireland, a man of letters, fled from the storms of his own country to find quiet in ours. His history shows that war is not the natural element of his mind. If it had been, he never would have exchanged Ireland for Ame
- 207 But this opinion is controverted on two grounds.The first is, that the indictment does not charge the prisoner to have been present.The second, that although he was absent, yet if he caused the a.s.semblage, he may be indicted as being present, and convic
- 208 _American Law Review._ Vol. I, 1867; Boston. Vols. XIX, XXIX, XLVI, 1885, 1895, 1912; St. Louis. (_Am. Law Rev._) _American Political Science Review._ Vol. VIII, 1914; vol. IX, 1915.Baltimore. (_Am. Pol. Sci. Rev._) _American State Papers._ Doc.u.ments, L
- 209 (c.o.x.) c.o.xE, BRINTON. Essay on Judicial Power and Unconst.i.tutional Legislation, being a Commentary on Parts of the Const.i.tution of the United States.Philadelphia. 1893.CRANCH, WILLIAM. Reports of Cases argued and adjudged in the Supreme Court of t
- 210 1891. (Haskins.) HAYWOOD, JOHN. Reports of Cases adjudged in the Superior Courts of Law and Equity of the State of North Carolina from the year 1789 to the year 1798. Halifax. 1799.HENRY, WILLIAM WIRT. Patrick Henry. Life, Correspondence and Speeches. 3 v
- 211 MCREE, GRIFFITH JOHN, _editor_. _See_ Iredell, James.Ma.n.u.sCRIPTS: Breckenridge, John. Library of Congress.Dreer, Ferdinand Julius. Pennsylvania Historical Society.Etting, Frank Marx. Pennsylvania Historical Society.Hopkinson, Joseph. Possession of Edwa
- 212 _New York State Library Bulletin_. Vol. IV, 1900. New York._North American Review_. Vol. 46, 1838; Boston. Vol. 185, 1907; New York._North Carolina Booklet_. Vol. XVII, 1917. Raleigh._Old Family Letters._ Copied from the Originals for Alexander Biddle.Ser
- 213 Cleveland. 1907.STEVENS, THADDEUS. _See_ Woodburn, James Albert.STEVENS, WILLIAM BACON. History of Georgia from its First Discovery by Europeans to the Adoption of the Present Const.i.tution in 1798. 2 vols.Vol. I, New York, 1847. Vol. II, Philadelphia, 1
- 214 The Life of John Marshall.Volume 4.by Albert J. Beveridge.CHAPTER I THE PERIOD OF AMERICANIZATION Great Britain is fighting our battles and the battles of mankind, and France is combating for the power to enslave and plunder us and all the world. (Fisher
- 215 "On my return to day from my farm where I pa.s.s a considerable portion of my time in _laborious relaxation_, I found a copy of the message of the President of the 1^{st} inst accompanied by the report of the Committee of foreign relations & the decl
- 216 The migration to the West, which had been increasing for years, now became almost a folk movement. The Eastern States were drained of their young men and women. Some towns were almost depopulated.[155] And these hosts of settlers carried into wilderness a
- 217 [38] "During the present paroxysm of the insanity of Europe, we have thought it wisest to break off all intercourse with her." (Jefferson to Armstrong, May 2, 1808, _ib._ 30.) [39] "Three alternatives alone are to be chosen from. 1. Embargo
- 218 "In New England, and even in New York, there appears a spirit hostile to the existence of our own government." (Plumer to Gilman, Jan. 24, 1809, Plumer: _Life of William Plumer_, 368.) [81] Adams: _U.S._ V, 158.[82] _Annals_, 11th Cong. 2d Sess.
- 219 [121] A practicable route for travel and transportation between Virginia and the regions across the mountains had been a favorite project of Was.h.i.+ngton. The Potomac and James River Company, of which Marshall when a young lawyer had become a stockholde
- 220 We are now to ascend with Marshall the mountain peaks of his career.Within the decade that followed after the close of our second war with Great Britain, he performed nearly all of that vast and creative labor, the lasting results of which have given him
- 221 "Ye G.o.ds, what havoc does ambition make 'Mong all your works."[223]During the six or eight weeks that the Supreme Court sat each year, Marshall was the same in manner and appearance in Was.h.i.+ngton as he was among his neighbors in Richm
- 222 That Story, while in Was.h.i.+ngton, had copiously expressed his changing opinions, as well as his disapproval of Jefferson's Embargo, is certain; for he was "a very great talker,"[268] and stated his ideas with the volubility of his extrem
- 223 [158] Justice Duval's name is often, incorrectly, spelled with two "l's."[159] "No man had ever a stronger influence upon the minds of others."(_American Jurist_, XIV, 242.) [160] Ingersoll: _Historical Sketch of the Second W
- 224 [203] Thomas, born July 21, 1784; Jacquelin Ambler, born December 3, 1787; Mary, born September 17, 1795; John, born January 15, 1798; James Keith, born February 13, 1800; Edward Carrington, born January 13, 1805.(Paxton: _Marshall Family_, Genealogical C
- 225 [249] Even Jefferson, in his bitterest attacks, never intimated anything against Marshall's integrity; and Spencer Roane, when a.s.sailing with great violence the opinion of the Chief Justice in M'Culloch _vs._ Maryland (see _infra_, chap, VI),
- 226 [295] Kent to Livingston, May 13, 1814, Hunt: _Livingston_, 181-82. Kent was appointed Chancellor of the State of New York, Feb. 25, 1814. His opinions are contained in _Johnson's Chancery Reports_, to which he refers in this letter.For twenty years
- 227 Opinions were read by Marshall and Story, but evidently they bored the nervous Pinkney, who "was very restless, frequently moved his seat, and, when sitting, showed by the convulsive twitches of his face how anxious he was to come to the conflict. At
- 228 In his dissenting opinion Justice Johnson ignored the "compromise" of 1796, holding that the grant by the State to Hunter extinguished the right of Fairfax's devisee.[399] He concurred with Story and Was.h.i.+ngton, however, in the opinion
- 229 [324] 4 Wheaton, 63-64.[325] 8 Cranch, 253-317.[326] John Ba.s.sett Moore in Dillon, I, 524.[327] 8 Cranch, 289.[328] _Ib._ 291-92.[329] _Ib._ 293.[330] 9 Cranch, 388 _et seq._ [331] Until the February session of 1817. This room was not destroyed or injur
- 230 [364] For fuller description of the Virginia County Court system, see chap. IX of this volume.[365] On the Virginia Republican machine, Roane, Ritchie, etc., see Dodd in _Am. Hist. Rev._ XII, 776-77; and in _Branch Hist. Papers_, June, 1903, 222; Smith in
- 231 [397] The Jay Treaty. See vol. II, 113-15, of this work.[398] 7 Cranch, 627.[399] _Ib._ 631.[400] _Ib._ 632.[401] For mandate see 4 Munford, 2-3.[402] March 31, April 1 to April 6, 1814. (4 Munford, 3.) [403] _Ib._ 58.[404] 4 Munford, 7.[405] _Ib._ 8-9.[4
- 232 Like a dropsical man calling out for water, water, our deluded citizens are calling for more banks. (Jefferson.) Merchants are crumbling to ruin, manufactures peris.h.i.+ng, agriculture stagnating and distress universal. (John Quincy Adams.) If we can bel
- 233 A careful and accurate Scotch traveler thus describes their methods: "By lending, and otherwise emitting their engravings, they have contrived to mortgage and buy much of the property of their neighbours, and to appropriate to themselves the labour o
- 234 Such, then, was the situation that produced those opinions of Marshall on insolvency, on contract, and on a National bank, delivered during February and March of 1819; such the National conditions which confronted him during the preceding summer and autum
- 235 [451] _Ib._ 67.[452] _Branch Hist. Papers_, June, 1903, 179.[453] _Annals_, 11th Cong. 3d Sess. 145.[454] "It is true, that a branch of the Bank of the United States ... is established at Norfolk; and that a branch of the Bank of Virginia is also est
- 236 [497] Niles proposed a new bank to be called "THE RAGBANK OF THE UNIVERSE," main office at "_Lottery-ville_," and branches at "_Hookstown_," "_Owl Creek_," "_Botany Bay_," and "_Twisters-burg_."D
- 237 [538] Niles, XIV, 193-96; also XV, 434.[539] _Ib._ XVII, 164.[540] _Ib._ XIV, 108.[541] A wealthy Richmond merchant who had married a sister of Marshall's wife. (See vol. II, 172, of this work.) [542] A writ directing the sheriff to seize the goods a
- 238 [584] Jefferson to Adams, Nov. 7, 1819, _Works_: Ford, XII, 145.[585] Niles, XVII, 85.[586] Niles, XVII, 185.[587] _Memoirs, J. Q. A._: Adams, May 27, 1819, IV, 375.[588] _Ib._ 391.[589] Collins, 88.[590] "The disappointment is altogether ascribed to
- 239 Their mission was to raise funds for the prosecution of this educational and missionary work on the American frontier. They succeeded in a manner almost miraculous. Over eleven thousand pounds were soon raised,[624]and this fund was placed under the contr
- 240 High as such authority is, one still more exalted and final has spoken, and upon the precise point now in controversy. That authority is the Supreme Court itself. In Fletcher _vs._ Peck[697] this very tribunal declared specifically that "a _grant_ is
- 241 For whose benefit was the property of Dartmouth College given to that inst.i.tution? For the people at large, as counsel insist? Read the charter. Does it give the State "any exclusive right to the property of the college, any exclusive interest in t
- 242 [624] _Ib._ 59.[625] _Ib._ 54-55.[626] Dartmouth and the English Trustees opposed incorporation and the Bishops of the Church of England violently resisted Wheelock's whole project. (_Ib._ 90.) [627] Farrar: _Report of the Case of the Trustees of Dar
- 243 [670] Farrar, 231; 65 N.H. 641.[671] Farrar, 232; 65 N.H. 642.[672] Farrar, 235.[673] _Ib._ [674] Webster was then thirty-six years of age.[675] Goodrich's statement in Brown: _Works of Rufus Choate: With a Memoir of his Life_, I, 515.[676] They were
- 244 [714] Webster to Mason, April 28, 1818, _Priv. Corres._: Webster, I, 282-83. (Italics the author's.) In fact three such suits were brought early in 1818 on the ground of diverse citizens.h.i.+p. (s.h.i.+rley, 2-3.) Any one of them would have enabled
- 245 [747] 4 Wheaton, 635-36.[748] _Ib._ 636.[749] 4 Wheaton, 637.[750] 4 Wheaton, 638-39.[751] _Ib._ 639-40.[752] 4 Wheaton, 640-41.[753] _Ib._ 641.[754] _Ib._ 642-43.[755] 4 Wheaton, 643.[756] 4 Wheaton, 644.[757] 4 Wheaton. 645.[758] _Ib._ 646-47.[759] 4 Wh
- 246 [Ill.u.s.tration: a.s.sociate Justices sitting with Marshall in the case of M'Culloch _versus_ Maryland: STORY, JOHNSON, WAs.h.i.+NGTON, DUVAL, LIVINGSTON, TODD]Like most of the controversies in which Marshall's Const.i.tutional opinions were p.
- 247 It is, then, "the unanimous and decided opinion" of the court that the Bank Act is Const.i.tutional. So is the establishment of the branches of the parent bank. Can States tax these branches, as Maryland has tried to do? Of course the power of t
- 248 The reading of Marshall's newspaper effort is exhausting; a summary of the least uninteresting pa.s.sages will give an idea of the whole paper.The articles published in the _Enquirer_ were intended, so he wrote, to inflict "deep wounds on the co
- 249 The Chief Justice is a master of the "science of verbality" by which the Const.i.tution may be rendered "as unintelligible, as a single word would be made by a syllabick dislocation, or a jumble of its letters; and turn it into a reservoir
- 250 [823] 4 Wheaton, 408-09. [824] 4 Wheaton, 409-10. [825] _Ib._ 411. [826] "The Congress shall have Power ... to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Con
- 251 [873] _Enquirer_, June 15, 1819, as quoted in _ib._ 85; also _Enquirer_, June 18, 1819, as quoted in _ib._ 95.[874] _Enquirer_, June 15, 1819, as quoted in _ib._ 91.[875] _Ib._ 87; also _Enquirer_, June 18, 1819, as quoted in _ib._ 96-97.[876] _Ib._ 98.[8
- 252 [919] _State Doc. Fed. Rel._: Ames, 90; and see Niles, XVI, 97, 132.[920] Pennsylvania House of Representatives, _Journal, 1819-20_, 537; _State Doc. Fed. Rel._: Ames, footnote to 90-91.[921] _Ib._ [922] _Ib._ 91.[923] See _infra_, chap. X.[924] _State Do
- 253 If the case came before Marshall normally, without design and in the regular course of business, it was an event nothing short of providential. If, on the contrary, it was "arranged" so that Marshall could deliver his immortal Nationalist addres
- 254 "There are other minor gentry who seek to curry favor & get into office by adding their mite of abuse, but I think for coa.r.s.eness & malignity of invention Algernon Sidney surpa.s.ses all party writers who have ever made pretensions to any decency
- 255 the Supreme Court stood to its guns and again held the Kentucky land laws unconst.i.tutional. Yet so grave was the crisis that the decision was not handed down for a whole year. This time the opinion of the court was delivered on February 27, 1823, by Bus
- 256 [953] _Annals_, 16th Cong. 1st Sess. 1106-07.[954] For instance, Joshua Cushman of Ma.s.sachusetts was sure that, instead of disunion, "the Canadas, with New Brunswick and Nova Scotia, allured by the wisdom and beneficence of our inst.i.tutions, will
- 257 [1001] _Enquirer_, June 21, 1821, as quoted in _ib._ 110.[1002] _Branch Hist. Papers_, June, 1906, 119.[1003] _Ib._ 123-24.[1004] _Enquirer_, June 5, 1821, as quoted in _Branch Hist. Papers_, June, 1906, 146-47.[1005] _Ib._ 182-83.[1006] Marshall to Story
- 258 [1041] 8 Wheaton, 11-12. (Italics the author's.) [1042] _Ib._ 18.[1043] _Annals_, 17th Cong. 1st Sess. 96-98.[1044] _Annals_, 17th Cong. 1st Sess. 102.[1045] _Ib._ 103.[1046] _Ib._ 104.[1047] _Ib._ 108.[1048] Georgia, Fletcher _vs._ Peck (see vol. II
- 259 [1083] Marshall here refers to threats to resist forcibly the execution of the Tariff of 1824. See _infra_, 535-36.[1084] 9 Wheaton, 847-48.[1085] 9 Wheaton, 848-49.[1086] 9 Wheaton, 849.[1087] _Ib._ 852-53.[1088] 9 Wheaton, 857. (Italics the author'
- 260 Immediately Livingston and Fulton sued Van Ingen and a.s.sociates in the New York Court of Chancery, praying that they be enjoined from operating their boats. In an opinion of great ability and almost meticulous learning, Chancellor John Lansing denied th
- 261 This, said Webster, was proved by the undisputed history of the period preceding the Const.i.tution.[1197]What commerce is to be regulated by Congress? Not that of the several States, but that of the Nation as a "unit." Therefore, the regulation
- 262 At any rate, Johnson delivered a separate opinion so uncompromisingly Nationalist that Marshall's Nationalism seems hesitant in comparison. In it Johnson gives one of the best statements ever made, before or since, of the regulation of commerce as th
- 263 [1108] d.i.c.kinson: _Robert Fulton, Engineer and Artist_, 156-57; also see Thurston: _Robert Fulton_, 113.[1109] See d.i.c.kinson, 126-32; also Knox: _Life of Robert Fulton_, 72-86; and Fletcher: _Steam-s.h.i.+ps_, 19-24.[1110] d.i.c.kinson, 134-35; Knox
- 264 [1147] Act of April 6, 1808, _Laws of New York, 1807-09_, 313-15.[1148] 4 Johnson's _Chancery Reports_, 51, 53.[1149] _Ib._ 152.[1150] _Ib._ 154.[1151] Act of Feb. 18, 1793, _U.S. Statutes at Large_, I, 305-18. [1152] 4 Johnson's _Chancery Repor
- 265 [1189] Wirt to Carr, Feb. 1, 1824, Kennedy, II, 164.[1190] _Ib._ [1191] "Reminiscence," that betrayer of history, is responsible for the fanciful story, hitherto accepted, that Webster was speaking on the tariff in the House when he was suddenly
- 266 [1236] Niles, XXVI, 54-62.[1237] For example, steamboat construction on the Ohio alone almost doubled in a single year, and quadrupled within two years. (See table in Meyer-MacGill: _History of Transportation in the United States_, etc., 108.) [1238] 1 Ho
- 267 This item was widely published in the Administration newspapers, including the Richmond _Whig and Advertiser_. To this paper Marshall wrote, denying the statement of the Baltimore publication: "Holding the situation I do ... I have thought it right t
- 268 The Supreme Court reversed Marshall's judgment, holding that the authorization of an agent by a corporation can be established by presumptive evidence,[1311] an opinion that was plainly sound and which stated the law as it has continued to be ever si
- 269 Giles "had, however, such high respect" for Marshall's standing, "that he always doubted his own opinion when put in opposition" to that of the Chief Justice. He had not intended, he avowed, "to throw reproach upon the Judges in office." Far be it
- 270 Thereupon the subject was furiously debated. Thomas H. Crawford of Pennsylvania considered Section 25 of the Judiciary Act, to be as "sacred" as the Const.i.tution itself.[1384] Henry Daniel of Kentucky a.s.serted that the Supreme Court "stops at nothi
- 271 [1305] _Ib._ 334.[1306] _Ib._ 335.[1307] _Ib._ 337.[1308] _Ib._ 356.[1309] _Ib._ 357.[1310] Story and Duval concurred with Marshall.[1311] 12 Wheaton, 65-90.[1312] Webster to Biddle, Feb. 20, 1827, _Writings and Speeches of Webster_: (Nat. ed.) XVI, 140.[
- 272 [1352] _Debates, Va. Conv._ 767.[1353] _Ib._ 880.[1354] Compare Marshall's report (_ib._ 33) with Article V of the const.i.tution (_ib._ 901-02; and see _supra_, 491, note 2.) [1355] Contrast Marshall's resolutions (_Debates, Va. Conv._ 39-40), which ex
- 273 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 President
- 274 "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 Atlant
- 275 What is the capital question in dispute? It is this: "Whose prerogative is it to decide on the const.i.tutionality or unconst.i.tutionality of the laws?"[1479] Can States decide? Can States "annul the law of Congress"?Hayne, expressing the view of Sou
- 276 "The party seems to be divided. Those who are still true to their President pa.s.s 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
- 277 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 Const.i.tution was born--the city which, a patriotic soldier, he had striven to prot
- 278 [1414] _Ib._ 528-29 [1415] See Catterall, 235. For account of the fight for the Bank Bill see _ib._ chap. X.[1416] Richardson, II, 580-82.[1417] _Ib._ 582-83.[1418] Richardson, II, 584.[1419] Jackson's veto message was used with tremendous effect in the
- 279 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 la
- 280 [1505] See _supra_, footnote to 115.[1506] Richardson, II, 640-56; Niles, XLIII, 260-64.[1507] Story to his wife, Jan. 27, 1838, Story, II, 119.[1508] Niles, XLIII, 266-67.[1509] _Ib._ 287.[1510] _Ib._ [1511] _Statutes at Large of South Carolina_: Cooper,
- 281 [1552] Briscoe _vs._ The Commonwealth's Bank of the State of Kentucky, 8 Peters, 118 _et seq._ [1553] See _supra_, 509-13.[1554] Act of Dec. 25, _Laws of Kentucky, 1820_, 183-88.[1555] The Mayor, Aldermen and Commonalty of the City of New York _vs._
- 282 ABEL, ANNIE HeLOISE. The History of Events resulting in Indian Consolidation west of the Mississippi. [Volume 1 of _Annual Report of the American Historical a.s.sociation_ for 1906.]ADAMS, HENRY. History of the United States of America from 1801 to 1817.9
- 283 COLLINS, LEWIS. Historical Sketches of Kentucky. Cincinnati. 1847.(Collins.) CONNECTICUT. Public Statute Laws of the State of Connecticut. May Sessions 1822, 1823, 1825, 1826. Hartford, n. d.COOLEY, THOMAS MCINTYRE. A Treatise on the Const.i.tutional Limi
- 284 HARVEY, PETER. Reminiscences and Anecdotes of Webster. Boston. 1877.HAY, GEORGE. A Treatise on Expatriation. Was.h.i.+ngton. 1814.HILDRETH, RICHARD. History of the United States of America. 6 vols. New York. 1854-55. (Hildreth.) HILLARD, GEORGE STILLMAN.
- 285 MCCORD, DAVID JAMES, _editor_. Statutes at Large of South Carolina. Vols 6 to 10. Columbia, S.C. 1839-41.MACDONALD, WILLIAM. Jacksonian Democracy, 1829-1837. New York. 1906.[Volume 15 of _The American Nation: A History_.]MCGRANE, REGINALD C., _editor_. _S
- 286 NEWSPAPERS: Baltimore, Md. _Marylander_, March 22, 1828.Boston, Ma.s.s. _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 Stat
- 287 _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 Messag
- 288 ---- 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.