Chapter X: The Final Conflict (3)

[1419] 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.

[1420] Richardson, II, 590-91.

[1421] Marshall to Story, Aug. 2, 1832, _Proceedings, Mass. Hist. Soc._ 2d Series, XIV, 349-51.

[1422] 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.

[1423] 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.)

[1424] Marshall to Story, Aug. 2, 1832, _Proceedings, Mass. Hist. Soc._ 2d Series, XIV, 350.

[1425] 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."

[1426] See _supra_, 420.

[1427] _Annals_, 18th Cong. 1st Sess. 2097.

[1428] _Annals_, 18th Cong. 1st Sess. 2163.

[1429] _Ib._ 2208.

[1430] _Debates_, 20th Cong. 1st Sess. 746.

[1431] _Ib._ 2431.

[1432] _Ib._ 2434.

[1433] _Ib._ 2435.

[1434] _Debates_, 20th Cong. 1st Sess. 2437.

[1435] This was the plan of George McDuffie. Calhoun approved it. (Houston: _A Critical Study of Nullification in South Carolina_, 70-71.)

[1436] _Ib._

[1437] _Ib._ 75.

[1438] 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.

[1439] Jefferson to Giles, Dec. 26, 1825, _Works_: Ford, XII, 425-26.

[1440] Niles, XXV, 48.

[1441] See Phillips: _Georgia and State Rights_, in _Annual Report, Am. Hist. Ass'n_ (1901), II, 71.

[1442] Resolution of Dec. 27, 1827, _Laws of Georgia, 1827_, 249; and see Phillips, 72.

[1443] Act of Dec. 20, _Laws of Georgia, 1828_, 88-89.

[1444] Parton: _Jackson_, III, 272.

[1445] Phillips, 72.

[1446] Act of Dec. 22, _Laws of Georgia, 1830_, 114-17.

[1447] Act of Dec. 23, _ib._ 118; Dec. 21, _ib._ 127-43; Dec. 22, _ib._ 145-46

[1448] Wirt to Carr, June 21, 1830, Kennedy, II, 292-93.

[1449] 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.

[1450] 5 Peters, 1.

[1451] 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.)

[1452] Niles, XXXIX, 338.

[1453] _Ib._ 353.

[1454] _Memoirs, J. Q. A._: Adams, VIII, 262-63.

[1455] The argument for the Cherokee Nation was made March 12 and 14, 1831.

[1456] 5 Peters, 15.

[1457] 5 Peters, 16-17.

[1458] _Ib._ 17-18.

[1459] 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.

[1460] See _supra_, 121-25.

[1461] Phillips, 79.

[1462] See McMaster, VI, 47-50.

[1463] Phillips, 81.

[1464] _Ib._ 80-81.

[1465] 6 Peters, 534-35.

[1466] Story to his wife, Feb. 26, 1832, Story, II, 84.

[1467] 6 Peters, 536.

[1468] _Ib._ 537-42.

[1469] _Ib._ 542.

[1470] _Ib._ 542-61

[1471] See vol. III, 504-13, of this work.

[1472] 6 Peters, 561-63.

[1473] Story to Ticknor, March 8, 1832, Story, II, 83.

[1474] Lumpkin's Message to the Legislature, Nov. 6, 1832, as quoted in Phillips, 82.

[1475] Greeley: _The American Conflict_, I, 106; and see Phillips, 80.

[1476] 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.

[1477] _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.

[1478] _Ib._ 64. Compare with Marshall's language in Cohens _vs._ Virginia, _supra_, 355.

[1479] _Debates_, 21st Cong. 1st Sess. 73.

[1480] See Marshall's statement of this principle, _supra_, 293, 355.

[1481] _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.)

[1482] _Debates_, 21st Cong. 1st Sess. 76. See chap, III, vol. III, of this work.

[1483] _Debates_, 21st Cong. 1st Sess. 78.

[1484] _Ib._ See Marshall's opinion in Cohens _vs._ Virginia, _supra_, 347-57.

[1485] _Debates_, 21st Cong. 1st Sess. 80.

[1486] Niles, XXXIX, 118.

[1487] _Ib._ 330.

[1488] _Debates_, 21st Cong. 1st Sess. 287.

[1489] _Ib._ 285.

[1490] Marshall to Johnston, May 22, 1830, MSS. "Society Collection," Pa. Hist. Soc.

[1491] Madison to Everett, Aug. 28, 1830, _Writings_: Hunt, IX, 383-403.

[1492] _North American Review_ (1830), XXXI, 537-46.

[1493] Marshall to Story, Oct. 15, 1830, _Proceedings, Mass. Hist. Soc._ 2d Series, XIV, 342-43.

[1494] Jackson to the Committee, June 14, 1831, Niles, XL, 351.

[1495] _State Doc. Fed. Rel._: Ames, 167-68.

[1496] Marshall to Story, Aug. 2, 1832, _Proceedings, Mass. Hist. Soc._ 2d Series, XIV, 350.

[1497] Same to same, Sept. 22, 1832, _ib._ 351-52.

[1498] Niles, XLII, 387.

[1499] _Ib._ 388.

[1500] Under Act of Oct. 26, 1832, _Statutes at Large of South Carolina_: Cooper, I, 309-10.

[1501] _Statutes at Large of South Carolina_: Cooper, I, 329-31.

[1502] _Ib._ 434-45.

[1503] _Ib._ 444-45; also Niles, XLIII, 219-20.

[1504] Marshall to Peters, Dec. 3, 1832, Peters MSS. Pa. Hist. Soc.

[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, I, 355.

[1512] _Ib._ 356-57.

[1513] _Statutes at Large of South Carolina_: Cooper, I, 362.

[1514] _Ib._ 360.

[1515] _Ib._ 370.

[1516] December 20, the same day that Hayne's Proclamation appeared.

[1517] _Statutes at Large of South Carolina_: Cooper, I, 271-74.

[1518] _Ib._ VIII, 562-64.

[1519] _Ib._ 562-98.

[1520] Parton: _Jackson_, III, 460-61, 472; Bassett: _Life of Andrew Jackson_, 564; MacDonald: _Jacksonian Democracy_, 156.

[1521] Parton: _Jackson_, III, 459.

[1522] Niles, XLIII, 312.

[1523] _Ib._ 332.

[1524] Parton: _Jackson_, III, 472.

[1525] Richardson, II, 598-99.

[1526] Niles, XLIII, 275.

[1527] _Ib._

[1528] _Ib._ 276.

[1529] Niles, XLIII, 394-96. The resolutions, as adopted, provided for only one commissioner. (See _infra_, 573.)

[1530] _Writings and Speeches of Daniel Webster_ (Nat. ed.) XIII, 40-42.

[1531] Marshall to Story, Dec. 25, 1832, _Proceedings_, _Mass. Hist. Soc._ 2d Series, XIV, 352-54.

[1532] Niles, XLIII, 396-97; also _Statutes at Large of South Carolina_: Cooper, I, 381-83.

[1533] 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.

[1534] Niles, XLIII, 380-82.

[1535] See Parton: _Jackson_, III, 475-82.

[1536] Marshall to Story, April 24, 1833, _Proceedings, Mass. Hist. Soc._ 2d Series, XIV, 356-57.

[1537] _Ib._

[1538] Same to same, Nov. 16, 1833, _ib._ 358.

[1539] Marshall to Story, June 3, 1833, _Proceedings, Mass. Hist. Soc._ 2d Series, XIV, 358.

[1540] 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.

[1541] Marshall to Story, July 31, 1833, Story, II, 135-36.

[1542] Marshall to Story, Oct. 6, 1834, Story, II, 172-73.

[1543] Story to his wife, Jan. 20, 1833, _ib._ 116.

[1544] _Ib._ 117.

[1545] Story to his wife, Jan. 20, 1833, Story, II, 116.

[1546] July 4, 1826.

[1547] Jefferson's attacks on Marshall in the X. Y. Z. affair. (See vol. II, 359-63, 368-69, of this work.)

[1548] 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."

[1549] _Green Bag_, VIII, 463.

[1550] Marshall to Story, July 3, 1829, _Proceedings, Mass. Hist Soc._ 2d Series, XIV, 340.

[1551] 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.)

[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._ Miln, 8 Peters, 121 _et seq._

[1556] 11 Peters, 104. This was the first law against unrestricted immigration.

[1557] 8 Peters, 122.

[1558] 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.)

[1559] 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.

[1560] _Ib._ 711-63.

[1561] 9 Peters, 723.

[1562] Story to Fay, March 2, 1835, Story, II, 193.

[1563] Story to Peters, May 20, 1835, _ib._ 194.

[1564] Kent's Journal, May 16, 1835, Kent MSS. Lib. Cong.

[1565] Smith to Kent, June 13, 1835, Kent MSS. Lib. Cong.

[1566] Randolph: _Physick_, 100-01.

[1567] Story to Peters, June 19, 1835, Story, II, 199-200.

[1568] 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.

[1569] Terhune, 98.

[1570] Philadelphia _Inquirer_, July 7, 1835.

[1571] Niles, XLVIII, 322.

[1572] Richmond _Enquirer_ July 10, 1835.

[1573] _Ib._

[1574] Richmond _Whig and Public Advertiser_, July 10, 1835.

[1575] Richmond _Enquirer_, July 14, 1835.

[1576] 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.

[1577] Niles, XLVIII, 321.

[1578] Undoubtedly William Leggett, one of the editors. See Leggett: _A Collection of Political Writings_, II, 3-7.

[1579] As reprinted in _Richmond Whig and Public Advertiser_, July 14, 1835.

[1580] Richmond _Enquirer_, July 21, 1835.

[1581] _Ib._

[1582] _Ib._ July 17, 1835.

[1583] Alexandria _Gazette_, Aug. 13, 1835, reprinted in the Richmond _Enquirer_, Aug. 21, 1835.

[1584] Magruder: _John Marshall_, 282.

[1585] Story, II, 206.

THE END

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FORD, PAUL LEICESTER, _editor_. _See_ Jefferson, Thomas. Works.

FULTON, ROBERT. _See_ Dickinson, H. W.; Knox, Thomas W.; Reigart, J. Franklin; Thurston, Robert H.

GALLATIN, ALBERT. Writings. Edited by Henry Adams. 3 vols. Philadelphia. 1879. (_Writings_: Adams.)

_See also_ Adams, Henry.

GEORGIA. Acts of the General Assembly of the State of Georgia, at an Annual Session, in October and November, 1814. Milledgeville, Ga. 1814.

GILES, WILLIAM BRANCH. _See_ Anderson, Dice Robins.

_Great American Lawyers_. _See_ Lewis, William Draper.

GREELEY, HORACE. The American Conflict. 2 vols. Hartford. 1864. 1867.

_Green Bag, The: An Entertaining Magazine for Lawyers._ Edited by Horace W. Fuller. Boston. 1889-1914. (_Green Bag._)

GRIGSBY, HUGH BLAIR. The Virginia Convention of 1829-1830. Richmond. 1854.

HARDING, CHESTER. A Sketch of Chester Harding, Artist. Drawn by his own Hand. Edited by Margaret Eliot White. Boston. 1890.

_Harper's Magazine._

HART, ALBERT BUSHNELL, _editor_. American History told by Contemporaries. 4 vols. New York. 1897-1901.

---- The American Nation: A History. 27 volumes. New York. 1904-1908.

_Harvard Law Review._

HARVEY, PETER. Reminiscences and Anecdotes of Webster. Boston. 1877.

HAY, GEORGE. A Treatise on Expatriation. Washington. 1814.

HILDRETH, RICHARD. History of the United States of America. 6 vols. New York. 1854-55. (Hildreth.)

HILLARD, GEORGE STILLMAN. Memoir and Correspondence of Jeremiah Mason. Cambridge. 1873. (Hillard.)

HOPKINS, SAMUEL M., _reporter_. Reports of Cases argued and determined in the Court of Chancery of the State of New York. Albany. 1839.

HOUSTON, DAVID FRANKLIN. A Critical Study of Nullification in South Carolina. New York. 1896. [Harvard Historical Studies.] (Houston.)

HOWARD, BENJAMIN CHEW. Reports of Cases argued and adjudged in the Supreme Court of the United States, 1843-60. 24 vols. Philadelphia. 1852-[61].

HOWE, HENRY. Historical Collections of Virginia. Charleston, S.C. 1845. (Howe.)

HOWE, MARK ANTONY DEWOLFE, JR. Life and Letters of George Bancroft. 2 vols. New York. 1908.

HUNT, CHARLES HAVENS. Life of Edward Livingston. New York. 1864. (Hunt: _Livingston_.)

HUNT, GAILLARD, _editor_. First Forty Years of Washington Society, portrayed by the Family Letters of Mrs. Samuel Harrison Smith. New York. 1906.

---- _See_ Madison, James. Writings.

INDIANA. Revised Laws of Indiana, adopted and enacted by the General Assembly at their Eighth Session. Corydon. 1824.

INGERSOLL, CHARLES JARED. History of the Second War between the United States of America and Great Britain. (Second Series.) 2 vols. Philadelphia. 1853.

JACKSON, ANDREW. _See_ Bassett, John Spencer; Parton, James; Sumner, William Graham.

JEFFERSON, THOMAS. Works. Edited by Paul Leicester Ford. 12 vols. New York. 1904-05. [Federal Edition.] (_Works_: Ford.)

_See_ Randall, Henry Stephens.

_John P. Branch Historical Papers_, issued by the Randolph-Macon College. Vols. 1-5. [Edited by W. E. Dodd and C. H. Ambler.] Ashland, Va. 1901-18. (Branch Historical Papers.)

JOHNSON, EMORY RICHARD, _and others_. History of Domestic and Foreign Commerce of the United States. 2 vols. Washington. 1915. [Carnegie Institution of Washington. Publications.]

JOHNSON, WILLIAM, _reporter_. Reports of Cases adjudged in the Court of Chancery of New-York, 1814-23. 7 vols. Albany. 1816-24. (Johnson's _Chancery Reports_.)

---- Reports of Cases argued and determined in the Supreme Court ... in the State of New-York (1806-22). 20 vols. New York and Albany. 1808-23. (Johnson.)

KENNEDY, JOHN PENDLETON. Memoirs of the Life of William Wirt. 2 vols. Philadelphia. 1849. (Kennedy.)

KING, RUFUS. Life and Correspondence. Edited by Charles R. King. 6 vols. New York. 1894-1900. (King.)

KNOX, THOMAS W. Life of Robert Fulton and a History of Steam Navigation. New York. 1896.

LANMAN, CHARLES. Private Life of Daniel Webster. New York. 1852.

LEGGETT, WILLIAM. A Collection of Political Writings. 2 vols. New York. 1840.

LEWIS, WILLIAM DRAPER, _editor_. Great American Lawyers: A History of the Legal Profession in America. 8 vols. Philadelphia. 1907-09.

LINCOLN, ABRAHAM. Complete Works. Edited by John G. Nicolay and John Hay. 12 vols. New York. 1894-1905.

_Lippincott's Magazine of Literature, Science and Education._

LITTELL, WILLIAM. The Statute Law of Kentucky: with Notes, Prælections, and Observations on the Public Acts. 3 vols. Frankfort (Ky.), 1809.

LIVINGSTON, EDWARD. _See_ Hunt, Charles Havens.

LODGE, HENRY CABOT. Daniel Webster. Boston. 1883. [American Statesmen.]

---- Life and Letters of George Cabot. Boston. 1877. (Lodge: _Cabot_.)

LORD, JOHN KING. A History of Dartmouth College, 1815-1909. Being the second volume of History of Dartmouth College and the Town of Hanover, New Hampshire, begun by Frederick Chase. Concord, N.H. 1913. (Lord.)

LOSHE, LILLIE DEMING. The Early American Novel. New York. 1907. [Columbia University. Studies in English.]

_Louisiana Law Journal._ Edited by Gustavus Schmidt. Volume 1, nos. 1-4. New Orleans. 1841.

LOWELL, JOHN. Mr. Madison's War. By a New England Farmer (_pseud._). Boston. 1812.

---- Peace Without Dishonour--War Without Hope. By a Yankee Farmer (_pseud._). Boston. 1807.

---- Review of a Treatise on Expatriation by George Hay, Esquire. By a Massachusetts Lawyer (_pseud._). Boston. 1814.

MCCLINTOCK, JOHN NORRIS. History of New Hampshire. Boston. 1888.

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_. _See_ Biddle, Nicholas. Correspondence.

MCHENRY, JAMES. _See_ Steiner, Bernard Christian.

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.)

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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.)

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_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.)

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

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RITCHIE, THOMAS. _See_ Ambler, Charles Henry.

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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.]

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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.

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_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.)

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---- 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.

VERMONT. Laws passed by the Legislature of the State of Vermont at their Session at Montpelier on the second Thursday of October, 1815. Windsor, n. d.

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.