Chapter II: Appendix

A. THE PARAGRAPH OMITTED FROM THE FINAL DRAFT OF JEFFERSON'S
MESSAGE TO CONGRESS, DECEMBER 8, 1801 605

B. LETTER OF JOHN TAYLOR "OF CAROLINE" TO JOHN BRECKENRIDGE
CONTAINING ARGUMENTS FOR THE REPEAL OF THE FEDERALIST
NATIONAL JUDICIARY ACT OF 1801 607

C. CASES OF WHICH CHIEF JUSTICE MARSHALL MAY HAVE HEARD BEFORE
HE DELIVERED HIS OPINION IN MARBURY _vs._ MADISON 611

D. TEXT, AS GENERALLY ACCEPTED, OF THE CIPHER LETTER OF AARON
BURR TO JAMES WILKINSON, DATED JULY 29, 1806 614

E. EXCERPT FROM SPEECH OF WILLIAM WIRT AT THE TRIAL OF AARON
BURR 616

F. ESSENTIAL PART OF MARSHALL'S OPINION ON CONSTRUCTIVE
TREASON DELIVERED AT THE TRIAL OF AARON BURR, ON
MONDAY, AUGUST 31, 1807 619

WORKS CITED IN THIS VOLUME 627

ILLUSTRATIONS

JOHN MARSHALL _Colored Frontispiece_

From a portrait by Chester Harding painted in Washington in
1828 for the Boston Athenæum and still in the possession of
that institution.

GOUVERNEUR MORRIS 60

After a drawing by Quenedey made in Paris, 1789 or 1790,
in possession of his granddaughter, Mrs. Alfred Maudslay.
By permission of Messrs. Charles Scribner's Sons.

ASSOCIATE JUSTICES SITTING WITH MARSHALL IN THE CASE OF MARBURY
VERSUS MADISON: WILLIAM CUSHING, WILLIAM PATERSON, SAMUEL CHASE,
BUSHROD WASHINGTON, ALFRED MOORE 128

Reproduced from etchings by Max and Albert Rosenthal in Hampton
L. Carson's history of _The Supreme Court of the United States_,
by the courtesy of the Lawyers' Coöperative Publishing Company,
Rochester, New York. The etchings were made from originals as
follows: Cushing, from a pastel by Sharpless, Philadelphia,
1799, in the possession of the family; Paterson, from a painting
in the possession of the family; Chase, from a painting by
Charles Wilson Peale in Independence Hall, Philadelphia;
Washington, from a painting by Chester Harding in the possession
of the family; Moore, from a miniature in the possession of Mr.
Alfred Moore Waddell, of Wilmington, North Carolina.

SAMUEL CHASE 160

From Sanderson's _Biography of the Signers to the Declaration of
Independence_, after a painting by Jarvis.

FACSIMILE OF A LETTER FROM JOHN MARSHALL TO JUSTICE SAMUEL CHASE
DATED JANUARY 23, 1804, ADVOCATING APPELLATE JURISDICTION IN
THE LEGISLATURE 176

JOHN RANDOLPH 188

From the painting by Chester Harding in the Corcoran Gallery of
Art, Washington, D.C.

FACSIMILE OF A PART OF MARSHALL'S LIST OF CORRECTIONS FOR HIS
LIFE OF WASHINGTON 240

AARON BURR 276

From a portrait by John Vanderlyn in the possession of Mr.
Pierrepont Edwards, of Elizabeth, New Jersey.

JAMES WILKINSON 290

After a print presented to the Library of Harvard University by
Lucien Carr, Esq., from a plate in the possession of Colonel
John Mason Brown, of Louisville, Kentucky, and now inserted in
the Library's copy of Wilkinson's _Memoirs_, Philadelphia, 1816,
vol. 1.

JOHN MARSHALL 350

From a painting by Richard N. Brooke, on the Gallery Floor of
the House of Representatives at the Capitol, Washington, D.C.

THE STATE CAPITOL, RICHMOND, VIRGINIA 400

From an old photograph showing its appearance at the time of the
Burr trial. It was not then stuccoed, and its bare brick walls
were exposed between the columns or pilasters, giving it the
appearance of a barnlike structure.

LUTHER MARTIN 428

From a portrait in Independence Hall, Philadelphia.

JOHN WICKHAM 492

From a portrait in the possession of Henry T. Wickham, Esq., of
Richmond, Virginia.

JOHN MARSHALL 516

From the portrait by Robert Matthew Sully, a nephew and pupil of
Thomas Sully, in the possession of the Corcoran Gallery of Art,
Washington, D.C.

LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED

_All references here are to the List of Authorities at the end of
this volume_

Adams: _U.S._ _See_ Adams, Henry. History of the United States.

Ames. _See_ Ames, Fisher. Works.

Channing: _Jeff. System._ _See_ Channing, Edward. Jeffersonian System, 1801-11.

Channing: _U.S._ _See_ Channing, Edward. History of the United States.

_Chase Trial._ _See_ Chase, Samuel. Trial.

Corwin. _See_ Corwin, Edward Samuel. Doctrine of Judicial Review.

Cutler. _See_ Cutler, William Parker, and Julia Perkins. Life, Journals, and Correspondence of Manasseh Cutler.

Dillon. _See_ Marshall, John. Life, Character, and Judicial Services. Edited by John Forrest Dillon.

_Eaton_: Prentiss. _See_ Eaton, William. Life.

_Jay_: Johnston. _See_ Jay, John. Correspondence and Public Papers.

_Jefferson Writings_: Washington. _See_ Jefferson, Thomas, Writings. Edited by Henry Augustine Washington.

King. _See_ King, Rufus. Life and Correspondence.

McCaleb. _See_ McCaleb, Walter Flavius. Aaron Burr Conspiracy.

McMaster: _U.S._ _See_ McMaster, John Bach. History of the People of the United States.

Marshall. _See_ Marshall, John. Life of George Washington.

_Memoirs, J. Q. A._: Adams. _See_ Adams, John Quincy. Memoirs.

Morris. _See_ Morris, Gouverneur. Diary and Letters.

_N.E. Federalism_: Adams. _See_ New-England Federalism, 1800-1815, Documents relating to. Edited by Henry Adams.

Plumer. _See_ Plumer, William. Life.

_Priv. Corres._: Colton. _See_ Clay, Henry. Private Correspondence. Edited by Calvin Colton.

_Records Fed. Conv._: Farrand. _See_ Records of the Federal Convention of 1787.

Story. _See_ Story, Joseph. Life and Letters.

_Trials of Smith and Ogden._ _See_ Smith, William Steuben, and Ogden, Samuel Gouverneur. Trials for Misdemeanors.

Wharton: _Social Life_. _See_ Wharton, Anne Hollingsworth. Social Life in the Early Republic.

Wharton: _State Trials_. _See_ Wharton, Francis. State Trials of the United States during the Administrations of Washington and Adams.

Wilkinson: _Memoirs_. _See_ Wilkinson, James. Memoirs of My Own Times.

_Works_: Colton. _See_ Clay, Henry. Works.

_Works_: Ford. _See_ Jefferson, Thomas. Works. Federal Edition. Edited by Paul Leicester Ford.

_Writings, J. Q. A._: Ford. _See_ Adams, John Quincy. Writings. Edited by Worthington Chauncey Ford.

THE LIFE OF JOHN MARSHALL

THE LIFE OF JOHN MARSHALL