The Life of John Marshall Volume IV Part 12

[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), paid a high tribute to the purity of his personal character.

[250] Ticknor to his father, Feb. 1, 1815, Ticknor: _Life, Letters, and Journals of George Ticknor_, I, 33.

[251] Description from personal observation, as quoted in Van Santvoord: _Lives and Judicial Services of the Chief Justices_, footnote to 363.

[252] Ticknor to his father, as cited in note 1, _supra_.

[253] _Memoirs of John Quincy Adams_: Adams, IX, 243.

[254] Wirt to Carr, Dec. 30, 1827, Kennedy, 240. For Story's estimate of Marshall's personality see Dillon, III, 363-66.

[255] "He was solicitous to hear arguments, and not to decide causes without hearing them. And no judge ever profited more by them. No matter whether the subject was new or old; familiar to his thoughts or remote from them; buried under a ma.s.s of obsolete learning, or developed for the first time yesterday--whatever was its nature, he courted argument, nay, he demanded it." (Story in Dillon, III, 377; and see vol. II, 177-80, of this work.)

[256] See Story's description of Harper, Duponceau, Rawle, Dallas, Ingersoll, Lee, and Martin (Story to Fay, Feb. 16, 1808, Story, I, 162-64); and of Pinkney (notes _supra_); also see Warren: _History of the American Bar_, 257-63. We must remember, too, that Webster, Hopkinson, Emmet, Wirt, Ogden, Clay, and others of equal ability and accomplishments, practiced before the Supreme Court when Marshall was Chief Justice.

[257] Story relates that a single case was argued for nine days. (Story to Fay, Feb. 16, 1808, Story, I, 162.)

In the Charlestown Bridge case, argued in 1831, the opening counsel on each side occupied three days. (Story to Ashmun, March 10, 1831, _ib._ II, 51.)

Four years later Story writes: "We have now a case ... which has been under argument eight days, and will probably occupy five more." (Story to Fay, March 2, 1835, _ib._ 193.)

In the lower courts the arguments were even longer. "This is the fourteenth day since this argument was opened. Pinkney ... promised to speak only two hours and a half. He has now spoken two days, and is, at this moment, at it again for the third day." (Wirt to his wife, April 7, 1821, Kennedy, II, 119.)

[258] Story, I, 96.

[259] Story, I, 2. Elisha Story is said to have been one of the "Indians" who threw overboard the tea at Boston; and he fought at Lexington. When the Revolution got under way, he entered the American Army as a surgeon and served for about two years, when he resigned because of his disgust with the management of the medical department.

(_Ib._)

[260] Story to Duval, March 30, 1803, _ib._ 102.

[261] Story to Williams, June 6, 1805, _ib._ 105-06.

[262] Story, I, 128.

[263] At first, Story supported the Embargo.

[264] See vol. III, chap, X, of this work.

[265] Otis to Harper, April 19, 1807, Morison: _Otis_, I, 283.

[266] Cabot to Pickering, Jan. 28, 1808, Lodge: _Cabot_, 377.

[267] Story to Fay, Feb. 16, 1808, Story, I, 162.

[268] Moss Kent to James Kent, Feb. 1, 1817, Kent MSS. Lib. Cong.

[269] Story, I, 140.

[270] Jefferson to Gallatin, Sept. 27, 1810, _Works_: Ford, XI, footnote to 152-54.

[271] See vol. II, 461-74, of this work.

[272] See vol. III, chap, VI, of this work.

[273] Hunt: _Life of Edward Livingston_, 138.

[274] _Ib._ 140.

[275] _Annals_, 10th Cong. 2d Sess. 702.

[276] _Annals_, 11th Cong. 1st and 2d Sess. 323, 327-49, 418-19, 1373, 1617-18, 1694-1702.

[277] See _supra_, 25, 35-41.

[278] Tyler to Jefferson, May 12, 1810, Tyler: _Tyler_, I, 246-47.

[279] Cyrus Griffin was educated in England; was a member of the first Legislature of Virginia after the Declaration of Independence; was a delegate to the Continental Congress in 1778-81, and again in 1787-88, and was President of that body during the last year of his service. He was made President of the Supreme Court of Admiralty, and held that office until the court was abolished. When the Const.i.tution was adopted, and Washington elected President, one of his first acts, after the pa.s.sage of the Ellsworth Judiciary Law, was to appoint Judge Griffin to the newly created office of Judge of the United States Court for the District of Virginia. It is thus evident that Jefferson's statement was not accurate.

[280] Jefferson to Madison, May 25, 1810, _Works_: Ford, XI, 139-41.

[281] Jefferson to Tyler, May 26, 1810, Tyler: _Tyler_, I, 247-48; also _Works_: Ford, XI, footnote to 141-43.

[282] Jefferson to Gallatin, Sept. 27, 1810, _Works_: Ford, XI, footnote to 152-54.

[283] Gideon Granger, as Jefferson's Postmaster-General, had lobbied on the floor of the House for the Yazoo Bill, offering government contracts for votes. He was denounced by Randolph in one of the most scathing arraignments ever heard in Congress. (See vol. III, 578-79, of this work.)

[284] Jefferson to Madison, Oct. 15, 1810, _Works_: Ford, XI, 150-52.

Granger was an eager candidate for the place, and had asked Jefferson's support. In a.s.suring him that it was given, Jefferson tells Granger of his "esteem & approbation," and adds that the appointment of "a firm unequivocating republican" is vital. (Jefferson to Granger, Oct. 22, 1810, _ib._ footnote to 155.)

[285] Hildreth: _History of the United States_, VI, 241; and see Adams: _U.S._ V, 359-60.

[286] See vol. III, 541-43, of this work.

[287] Story, I, 212.

[288] Jefferson to Wirt, April 12, 1812, _Works_: Ford, XI, 227.

[289] Tyler to Jefferson, May 17, 1812, Tyler: _Tyler_, I, 263.

[290] Tyler to Jefferson, May 17, 1812, Tyler: _Tyler_, I, 263-64.

[291] 1 Brockenbrough, 206-12.

[292] Jefferson to Wirt, April 12, 1812, _Works_: Ford, XI, 226-27. On the Batture controversy see Hildreth, VI, 143-48.

[293] The articles of both Jefferson and Livingston are to be found in Hall's _American Law Journal_ (Philadelphia, 1816), vol. V, 1-91, 113-289. A brief but valuable summary of Livingston's reply to Jefferson is found in Hunt: _Livingston_, 143-80. For an abstract of Jefferson's attack, see Randall: _Life of Thomas Jefferson_, III, 266-68.

[294] See Hunt: _Livingston_, 276-80.