Chapter X: The Final Conflict (6)

Legislature of Virginia, M.'s elections to, =1=, 164, 202, 211, 212,
228, 242, =2=, 54, 130, 159;
aspect and character after the Revolution, =1=, 200-02, 205-08;
M.'s colleagues (1782), 203;
organisation (1782), 203;
M.'s committee appointments, 204, 213;
regulation of elections, 207;
commutable act, 207;
citizenship bill, 208;
relief bill for Thomas Paine, 213;
loyalists, 214;
insulted, 215;
avoids just debt, 215;
and amendment of State Constitution, 216;
Potomac River improvement, 217, 218;
chancery act, 218-20;
religious freedom, 221, 222;
British debts, 224-31;
and Confederate impost, 233;
and Continental debt, 234, 235;
and Confederate navigation acts, 234, 235;
foreign extradition act, 235-41;
calling of Ratification Convention, 244-48;
hope of Anti-Constitutionalists in, 462, 463, 468;
and Clinton's letter for second Federal Convention, 477;
attempt to undo Ratification, =2=, 48-51, 57 _n._;
measures (1789), 55-57;
ratifies first ten Federal amendments, 57, 58;
on assumption of State debts, 65-69;
and Federal suits on British debts, 83;
and suits against States, 83;
hostility to Bank of United States, 84;
and investigation of Hamilton, 84;
resolutions on Jay Treaty, 131-37;
virtual censure of Washington, 137-40;
Federal constitutional amendments proposed by, 141-43;
cold address to Washington (1796), 149-52;
and compromise on Fairfax estate, 208;
M. foretells Virginia Resolutions, 395;
passage of the Resolutions, 399;
Madison's address of the majority, 400, 401;
M.'s address of the minority, 402-06;
military measures, 406, 408;
proposed appropriation to defend Callender, =3=, 38 _n._;
Olmstead case and Nationalism, =4=, 21 _n._;
censure of M'Culloch _vs._ Maryland and restrictions on Missouri,
324-27;
proposed amendment on Federal Judiciary, 371, 378;
and Nullification, 558, 567-73.
_See also_ House of Burgesses.

Leigh, Benjamin Watkins, practitioner before M., =4=, 237 _n._;
in Virginia Constitutional Convention, 502 _n._;
Virginia commission to South Carolina, 573;
tribute to M., 590;
and Quoit Club memorial to M., 592.

Leigh, Nicholas, practitioner before M., =4=, 237 _n._

Leipzig, battle of, =4=, 51.

_Leopard-Chesapeake_ affair, =3=, 475-77, =4=, 9.

Letcher, Robert P., attack on Supreme Court, =4=, 394.

Lewis, B., sells house to M., =1=, 189.

Lewis, Morgan, and Livingston steamboat monopoly, =4=, 409 _n._

Lewis, William, in Fries trial, =3=, 35.

Lewis, William B., as Jackson's adviser, =4=, 532 _n._

Lewis, William D.,
on opinion in M'Culloch _vs._ Maryland, =4=, 289 _n._

_Lex Mercatoria_, as a vade mecum, =1=, 186 _n._

Lexington, Ky., and Jay Treaty, =2=, 118.

Liberty, J. Q. Adams on genuine, =2=, 17, 18.
_See also_ Government.

Libraries, in colonial Virginia, =1=, 25.

License, unconstitutionally of State, of importers, =4=, 454-59.

Lincoln, Abraham, resemblance to M., =4=, 92, 93;
M.'s M'Culloch _vs._ Maryland opinion and Gettysburg Address,
293 _n._;
as expounding M.'s doctrines, 344;
and Union and slavery, 473.

Lincoln, Benjamin, and the militia, =1=, 86;
on Shays's Rebellion and Ratification, 343, 347 _n._;
and Embargo, =4=, 16.

Lincoln, Levi, midnight-appointments myth, =2=, 561, 562;
and Marbury _vs._ Madison, =3=, 126;
commission on Georgia cession, 574 _n._;
and Justiceship, =4=, 108, 109.

Lindsay _vs._ Commissioners, =3=, 613.

Linn, James, and election of Jefferson, reward, =3=, 81 _n._

Liston, Robert, and Bowles, =2=, 498.

Literature, in colonial Virginia, =1=, 24, 25, 43;
M.'s taste and reading, 41, 44-46, =4=, 79, 80;
M.'s book-buying, =1=, 184-86, =2=, 170;
Weems's orders for books (c. 1806), =3=, 252 _n._, 253 _n._

Little _vs._ Barreme, =3=, 273 _n._

Livermore, Samuel, on Judiciary Act of 1789, =3=, 54.

Livingston, Brockholst, on Fletcher _vs._ Peck, =3=, 585;
appearance, =4=, 132;
and Dartmouth College case, 255-57, 258 _n._, 275;
death, 256 _n._

Livingston, Edward, and Jonathan Robins case, =2=, 461, 474;
and Wilkinson's reign of terror, =3=, 335;
Jefferson's hatred, 335 _n._;
Batture litigation, Jefferson case, =4=, 100-16;
later career, 115 _n._;
Jackson's Nullification Proclamation, 562.

Livingston, John R. _See_ North River Steamboat Co. _vs._ Livingston.

Livingston, Robert R., and steamboat experiments, =4=, 398, 399;
grants of steamboat monopoly in New York, 399;
and steamboats on the Mississippi, monopoly in Louisiana, 402, 414;
monopoly and interstate voyages, 403, 404;
suits, 405-09.
_See also_ Gibbons _vs._ Ogden.

Livingston, William, on militia, =1=, 86;
on evils of paper money, 296.

Livingston _vs._ Jefferson, =4=, 100-16.

Livingston _vs._ Van Ingen, =4=, 405-09.

Loan certificates. _See_ Craig _vs._ Missouri.

Localism, and isolation, =4=, 191.
_See also_ Nationalism; State Rights.

Logan, ----, on Ratification in Virginia, =1=, 445.

London, John, and Granville heirs case, =4=, 155 _n._, 156 _n._

Longstreet, William, and Yazoo lands act, =3=, 546-48.

Lord, John K., acknowledgment to, =4=, 233 _n._

Lotteries, popularity, =2=, 56 _n._;
for public funds, =4=, 344 _n._
_See also_ Cohens _vs._ Virginia.

Louis XVI and early French Revolution, =2=, 31 _n._

Louisiana, admission as reason for secession, =4=, 27;
grant of steamship monopoly, 402, 414.

Louisiana Purchase, retrocession to France, =3=, 146;
Jefferson and problem of New Orleans, 146;
treaty, 147;
Jefferson's dilemma, 147-49;
attitude of Federalists, 148-53.

Louisville, first steamboat, =4=, 403 _n._

Love, William, testimony in Burr trial, =3=, 488.

Lovejoy, King, and Ratification, =1=, 341.

Lovell, Sarah (Marshall), =1=, 485.

Lowell, John, on Adams's Burr conspiracy report, =3=, 543 _n._;
as British partisan, =4=, 9;
opposition to War of 1812, 45, 46;
on impressment, 53.

Lowdermilk, Will H., on Braddock's defeat, =1=, 2 _n._-6 _n._

Lowndes, William, and War of 1812, =4=, 29;
on Bank of the United States, 289.

Lowrie, Walter, on Missouri question, =4=, 342.

Loyalists, Virginia post-Revolutionary legislation, =1=, 214;
support Ratification, 423 _n._;
attitude (1794), =2=, 110;
Federalists accused of favoring, =3=, 32;
in M.'s biography of Washington, 245.

Lucas, John C. B., and Addison, =3=, 47 _n._

Lucius letters, =2=, 543 _n._

Luckett, John R. N., and Adair, =3=, 336.

Lumpkin, Wilson,
defies Supreme Court in Cherokee question, =4=, 548, 551, 552 _n._

Lusk, Thomas, in Ratification Convention, =1=, 346.

Lynch, Charles, and Burr, =3=, 313.

Lynchburg, Va., tribute to M., =4=, 591.

Lyon, Matthew, conviction for sedition, =3=, 30, 31;
lottery to aid, 32;
Jefferson's favor, 81 _n._;
and Burr, 292.

Lyons, Peter of Virginia Court of Appeals, =4=, 148.

McAlister, Matthew, and Yazoo lands, =3=, 555.

McCaleb, Walter F., on isolation of Burr, =3=, 280 _n._;
on Burr-Merry intrigue, 289 _n._;
on Burr-Casa Yrujo intrigue, 290 _n._, 300 _n._;
on Morgans, 309 _n._;
study of Burr conspiracy, 538 _n._

M'Castle, Doctor, in Burr conspiracy, =3=, 491.

Maclay, Samuel, on Judiciary Act of 1789, =3=, 54;
of Smith committee, 541 _n._

McCleary, Michael, witness against Pickering, reward, =3=, 181 _n._

McClung, James, professor at William and Mary, =1=, 155 _n._

McClurg, James, Richmond physician, =1=, 189 _n._

M'Culloch, James W. _See_ M'Culloch _vs._ Maryland.

M'Culloch _vs._ Maryland,
importance and underlying conditions, =4=, 282, 290, 304, 308;
agreed case, facts, 283, 331;
public interest, 283;
counsel, 284;
argument, 285-88;
acquiescence in power to establish bank, 285, 291;
scope of implied powers, 285, 286, 294-301, 316, 337;
M.'s opinion, 289-308;
preparation of opinion, 290;
Federal government established by the people, 292;
supremacy of National laws, 293;
sources of power to establish bank, 295;
Federal freedom of choice of instruments, 301;
Federal instruments exempt from State taxation, 304-07;
and National taxation of State banks, 307, 308;
National powers paramount over State power of taxation, 302-04;
attack on opinion in _Niles' Register_, 309-12;
bank as monopoly, 310, 311, 338;
opinion as political issue, union of attack with slavery and
secession questions, 311, 314, 325-27, 338, 339;
opinion as opportunity for Virginia attack on M., 312;
Roane's attack, 312-17;
M. and attacks, his reply, 314, 315, 318-23;
attack on concurring Republican Justices, 317;
Roane buys and M. sells bank stock, 317, 318;
demand for another court, 323, 325;
censure by Virginia Legislature, 324-27;
denunciation by Ohio Legislature, 330-33;
action by other States, 333-35;
denial of power to erect bank, 334, 336, 337;
Taylor's attack, 335-39;
Jefferson's comment, 339;
Jackson denies authority of decision, 530-32.

McDonald, Anthony, as teaching hatter, =1=, 272.

McDonald, Joseph E., on M. as a lover, =1=, 163 _n._

McDuffie, George, and non-intercourse with tariff States, =4=, 538.

McGrane, R. C., acknowledgment to, =4=, 318 _n._

McHenry, James, forced resignation, =2=, 485;
on M. and State portfolio, 489;
on Adams's temperament, 489 _n._;
on Federalist dissensions, 521;
and sedition trial, =3=, 32.

M'Ilvaine _vs._ Coxe's Lessee, =4=, 54 _n._

M'Intosh, Lachlan, and Yazoo lands act, =3=, 547.

McKean, Thomas, in Ratification Convention, =1=, 330, 332;
and pardon of Fries, =2=, 429.

Mackie, ----, Richmond physician, =1=, 189 _n._

M'Lean, John, relief bill, =1=, 204.

McLean, Justice John, appointment, =4=, 510;
dissent in Craig _vs._ Missouri, 513;
and M., 582;
and Briscoe _vs._ Bank and New York _vs._ Miln, 583, 584 _n._

Macon, Nathaniel, and Chase impeachment, =3=, 170.

MacRae, Alexander, prosecutes Burr, =3=, 407;
on subpoena to Jefferson, 437;
on M.'s statement of prosecution's expectation of conviction, 448;
on overt act, 494;
in trial for misdemeanor, 522.

Madison, Bishop James, as professor at William and Mary, =1=, 155.

Madison, James, as statesman, =1=, 32;
in the Legislature, 203;
on post-Revolutionary Legislature, 205, 206;
on amendment of constitutions, 216;
and British debts, 226, 228;
and payment of Continental debt, 235, 440;
and extradition bill, 236, 239;
loses faith in democracy, 252, 300;
on state of trade (1785), 262;
use of cipher, 266 _n._;
on community isolation, 285;
on demand for division of property, 294;
on spirit of repudiation, 295, 306;
fear of paper money, 297 _n._;
on failure of requisitions, 305 _n._;
on economic basis of evils under Confederation, 310, 311;
on need of uniform control of commerce, 312;
on need of negative on State acts, 312;
on opposition in Pennsylvania to Ratification, 338;
change of views, 338, 401, =2=, 46, 50, 79;
on Ratification contest in Massachusetts, =1=, 339;
on Hancock, 339 _n._;
on Massachusetts amendments, 349;
on contest in New Hampshire, 355;
and Randolph's attitude on Ratification, 362, 363, 377;
on delegates to the Virginia Convention, 367;
in Ratification Convention: and detailed debate, 370;
and offer of conciliation, 384;
on prospects of Convention, 384, 434, 462;
participation in debate deferred, 384;
characterized, 394;
in the debate in Convention, 394, 395, 397, 421, 428, 430-32,
440, 442, 449, 470;
compared with Hamilton, 397 _n._;
on Oswald at Richmond, 402;
on opposition's policy of delay, 434;
on treaty-making power, 442;
and gradual consolidation, 446;
on Judiciary, 449;
on Judiciary debate, 461, 462;
in contest over recommendatory amendments, 473;
on personal influence in Ratification, 476;
on Publicola papers, =2=, 15 _n._, 19;
influence on, of popularity of French Revolution, 20, 27;
on opposition after Ratification, 45;
defeated for Senate, 49, 50;
elected to the House, 50 _n._;
attacks M. (1793), 99, 100;
and M.'s integrity, 140;
and appointment to X. Y. Z. Mission, 227, 281;
on X. Y. Z. dispatches, 340;
on Alien Act, 382;
Virginia Resolutions, 399;
address of the Legislature, 400, 401;
and Adams's Cabinet, 487;
on Washington's and Adams's temperaments, 487 _n._;
on champagne, =3=, 10 _n._;
and Marbury _vs._ Madison, 110, 111, 126;
on declaring acts void, 115 _n._, 120 _n._;
and Judiciary Act of 1789, 129;
and M.'s biography of Washington, 228, 229;
and Miranda, 300, 301;
and trial of Burr, 390-92;
and Andrew Jackson, 405;
and Ogden-Smith trial, 436 _n._;
and J. Q. Adams, 541 _n._;
on obligation of contracts, 558 _n._, =4=, 245;
commission on Georgia cession, =3=, 574 _n._;
inauguration, 585;
and Fletcher _vs._ Peck, 593;
and Olmstead case, =4=, 21;
Erskine incident, 22;
and Minister Jackson, 23;
and Napoleon's pretended revocation of decrees, 26, 36-39, 48-50;
War Message, 29;
M. proposed as opponent for Presidency (1812), 31-34;
dismisses Smith, 34;
and Hay's pamphlet on impressment, 53;
Jefferson and appointment of Tyler as District Judge, 103-06;
and successor to Justice Cushing, 106-10;
and first Bank of the United States, 172;
and second Bank, 180;
and attack on Judiciary, 371, 378;
veto of Bonus Bill, 417;
Randolph's arraignment, 419;
on commerce clause, 423 _n._;
and American Colonization Society, 474, 476 _n._;
in Virginia Constitutional Convention, 484;
conservatism there, 489, 507;
and tenure of judges of abolished court, 496, 500;
on Nullification, 556;
M. on it, 557;
later explanation of Virginia Resolves, 557.

Mail, conditions (c. 1790), =1=, 264-66;
secrecy violated, 266.

Maine, Sir Henry S., on Dartmouth College case, =4=, 277.

Maine, and Nullification, =4=, 559.

Majority, decrease in faith of rule by, =1=, 252, 253;
rights, =2=, 17;
M. on rule, 402.
_See also_ Democracy; Government.

Malaria, in Washington, =3=, 6.

Mandamus jurisdiction of Supreme Court in Judiciary Act of 1789,
M.'s opinion of unconstitutionality, =3=, 127, 128, 132, 133;
general acceptance of jurisdiction, 128-30.

Manhattan Company, Burr and charter, =3=, 287 _n._

Manufactures, M. on conditions in France (1797), =2=, 267, 268;
effect of War of 1812, =4=, 57.

Marbury, William, Marbury _vs._ Madison, =3=, 110.

Marbury _vs._ Madison, underlying question, =3=, 49, 50, 75, 104-09,
116, 118, 127, 131, 142;
references to, in Judiciary debate (1802), 61 _n._, 63, 78, 80, 86;
expected granting of mandamus, 62 _n._, 90 _n._, 112;
arguments anticipated, M.'s knowledge of earlier statements, 75,
116-20, 611-13;
facts of case, 110, 111;
as vehicle for assertion of constitutional authority of Judiciary,
dilemma and its solution, 111, 126-33;
dangers in M.'s course, 111-14;
M.'s personal interest, 124, 125;
practical unimportance of case, 125;
hearing, 125, 126;
M.'s opinion, 133-42;
right to commission, 133-35;
mandamus as remedy, 135;
unconstitutionality of Court's mandamus jurisdiction, 136-38;
declaring acts void, 138-42;
opinion and assault on Judiciary, 143, 153, 155;
Jefferson and opinion, 143, 144, 153, 431, 432, =4=, 363;
little notice of decision, =3=, 153-55;
first citation, 154 _n._

Marietta, Ohio, and Burr conspiracy, =3=, 312, 324.

Marine Corps, debate in Congress (1800), =2=, 446-48.

Markham, Elizabeth, =1=, 14, 16.

Markham, Lewis, =1=, 16.

Marriage, Henry's plan for intermarriage of whites and Indians,
=1=, 240 _n._, 241.

Marryat, Frederick, on newspaper abuse, =4=, 175 _n._;
on Localism, 191.

Marsh, Charles, and Dartmouth College case, =4=, 256, 258.

Marshall, Abraham, M.'s uncle, =1=, 485.

Marshall, Alexander, M.'s brother, birth, =1=, 38 _n._

Marshall, Ann, Mrs. Smith, =1=, 485.

Marshall, Charles, M.'s brother, birth, =1=, 38 _n._

Marshall, Charlotte, M.'s sister, birth, =1=, 56 _n._

Marshall, Edward C, M.'s son, birth, =4=, 73 _n._;
education, 73.

Marshall, Elizabeth (Markham), M.'s grandmother, =1=, 14, 16;
bequest in husband's will, 485, 486.

Marshall, Elizabeth, M.'s sister, birth, =1=, 34 _n._

Marshall, Elizabeth, acknowledgment to, =4=, 528 _n._

Marshall, Hester (Morris), =2=, 203.

Marshall, Humphrey, as delegate to Ratification Convention, =1=, 320;
on popular fear of Constitution, 321 _n._;
votes for ratification, 411 _n._;
and Jay Treaty, =2=, 118;
and Burr conspiracy, =3=, 315, 317;
on Embargo and secession, =4=, 17.

Marshall, Jacquelin A., M.'s son, birth, =1=, 190 _n._, =4=, 73 _n._;
education, 73.

Marshall, James K., M.'s son, birth, =2=, 453, =4=, 73 _n._;
education, 73;
M.'s home with, 528.

Marshall, James M., M.'s brother, birth, =1=, 38 _n._;
M. helps, 197;
and imprisonment of Lafayette, =2=, 33;
and Fairfax estate, 100, 203-11;
and M.'s business affairs, 173 _n._;
marriage to Morris's daughter, 203;
and M. in Europe, 232 _n._;
staff office in French War, 357;
Federal appointment as nepotism, 560 _n._;
witness in Marbury _vs._ Madison, =3=, 126.
_See also_ Martin _vs._ Hunter's Lessee.

Marshall, Jane, M.'s sister, birth, =1=, 56 _n._;
M. and love affair, =2=, 174, 175;
marriage, 175 _n._

Marshall, John, M.'s grandfather, career, =1=, 12, 13;
will, 485;
deed from William Marshall, 487, 488.

Marshall, John, M.'s uncle, =1=, 485.

Marshall, John,
_early years and private life_:
birth, =1=, 6;
Randolph and Isham ancestry, 10;
similarity in conditions of Jefferson's birth, 11 _n._;
Marshall ancestry, real and traditional, 12-16;
Keith ancestry, 16;
boyhood homes and migrations, 33-37, 55;
boyhood life, 38-41;
education, 42, 53, 57;
and his father, 42;
reading, Pope's poems, 44-46;
training in order, 45;
influence of Lord Fairfax on training, 49 _n._;
influence of James Thompson, 54;
reads Blackstone, 56;
to be a lawyer, 56;
military training, 56;
training from father's service as burgess, 65, 66;
drilling master for other youths, 70;
patriotic speeches (1775), 72;
at battle of Great Bridge, 76, 78;
lieutenant in the line, 79, 91;
on militia during the Revolution, 85, 100;
military promotions, 91, 138;
spirit as army officer, 91;
in Brandywine campaign, 93-97;
in the retreat, 99;
in battle of Germantown, 102;
cheerful influence at Valley Forge, 117-19, 132;
Deputy Judge Advocate, 119;
judicial training in army, 119;
in Monmouth campaign, 135, 137;
on Lee at Monmouth, 137;
Stony Point, 139, 140;
Pawles Hook, 142;
inaction, awaiting a command, 143, 161;
and Arnold's invasion, 144;
meeting with future wife, courting, relations with Ambler family,
152-54, 159-61, 163;
at William and Mary, extent of law studies, 154, 155, 160, 161,
174-76;
in Phi Beta Kappa, 158;
in debating society, 159;
licensed to practice law, 161;
resigns commission, 162;
walks to Philadelphia to be inoculated, 162;
marriage, 165, 166;
financial circumstances at time of marriage, 166-69;
slaves, 167, 180;
social effect of marriage, 170;
first Richmond home, 170;
lack of legal equipment, 173, 176;
early account books, 176-81, 184-90, 197;
early fees and practice, 177, 181, 184, 187, 190, 196;
children, 179, 190, =2=, 370 _n._, 453, =4=, 72-74;
and Gallatin (1784), =1=, 183;
buys military certificates, 184;
Fauquier land from father, 186;
as a Mason, 187, =2=, 176;
City Recorder, =1=, 188;
later Richmond home and neighbors, 189, =2=, 171;
first prominent case, Hite _vs._ Fairfax, =1=, 191-96;
employed by Washington, 196;
buys Fauquier land, 196;
Robert Morris's lawyer, 401 _n._;
list of cases, 567-70;
and James River Company, =2=, 56;
profits from legal practice, 169-71, 201;
and new enterprises, 174;
method as pleader, 177-82, 192-96;
extent of legal knowledge, 178;
neglect of precedents, 179;
statement of cases, 180, 181;
character of cases, 181;
in Ware _vs._ Hylton, on British debts, 186-92;
and Robert Morris, investments, 199, 200;
Fairfax estate, 203-11, 371, 372, =3=, 223, 224, =4=, 148-50,
150 _n._, 152, 157;
financial reasons for accepting X. Y. Z. Mission, =2=, 211-13;
biography of Washington (_see_ Biography);
as Beaumarchais's attorney, 292;
interest in stability of contracts, =3=, 582;
life in Washington, =4=, 80, 81;
illness, operation for stone, 518, 520-24, 528;
will, 525 _n._;
later residence, 527;
decline, 586, 587;
death, 587;
escort of body to Richmond, 588;
funeral, 588;
inscription on tomb, 593.

_Virginia Legislature, Ratification, and later State affairs_:
elections to Legislature, =1=, 164, 202, 211, 212, 228, 242,
=2=, 54, 130, 159;
character as legislator, =1=, 202;
committee appointments and routine work, 204, 213, 218, 368,
=2=, 54-56, 141;
first votes, =1=, 204;
on character of Legislature, 206-08;
elected to Council of State, 209;
election resented, forced out, 209, 211, 212;
political importance of membership in Council, 209 _n._, 210;
and Revolutionary veterans, 213;
and relief for Thomas Paine, 213;
and loyalists, 214;
on amendment of Constitution, 216;
and Potomac Company, 218;
and chancery bill (1787), 218-20;
indifference to religious freedom question, 220, 222;
and British debts, 222, 225-31;
and Continental debt and navigation acts, 234, 235;
and extradition bill, 240;
and intermarriage of whites and Indians, 240 _n._, 241;
and calling of Ratification Convention, 242, 246, 247;
on Shays's Rebellion, 298, 299, 300 _n._, 302;
practical influences on stand for Ratification, 313, 314;
on opposition to Ratification, 356;
candidacy for Ratification Convention, 364;
importance in the Convention, 367;
in the Convention: study, 391;
on Philips attainder case, 393 _n._, 411;
social influence in Convention, 409;
in the debate, 409-20, 436-38, 450-61;
on necessity of well-ordered government, 409-11;
on navigation of the Mississippi, 411;
on necessity of delegated powers, 412, 413;
on Federal taxation, 413-16, 419;
on amendments, 412, 418;
on control of militia and preparedness, 436-38;
on concurrent powers, 436;
and Henry, 438, 464;
on Federal Judiciary, 450-61;
on independence of Judiciary, 451, 459;
on declaring acts void, 452, 453, =2=, 18;
on suits against States, =1=, 454;
on discretion in Congress, 454;
on other jurisdiction, 455;
on jury trial, 456, 457;
of committee on amendments, 477;
on opposition after Ratification, =2=, 45 _n._;
survey and report on Virginia internal improvements, =4=, 42-45;
and Bank of Virginia incident, 194;
election to Constitutional Convention, 467;
attitude on issues there, 468, 470, 471, 488, 507, 508;
standing there, 489;
in debate on Judiciary, 489-501;
and on suffrage, 502;
anticipates split of Virginia, 571.

_Federal affairs_:
relationship with Jefferson, =1=, 9;
on early approbation of French Revolution, =2=, 4;
on St. Domingo negro insurrection, 20, 21;
on popular enthusiasm for French Revolution, 22, 23;
on conservative American opinion, 23;
and imprisonment of Lafayette, 32-34;
and democratic societies, 41;
on origin of State Rights contest, 48;
and Madison's candidacy for Senate, 50;
declines Federal appointments, 53;
and first amendments, 58;
and attack on assumption, 65, 66;
continued popularity, 78;
Jefferson's attempt to sidetrack him (1792), 79-81;
refuses to stand for Congress (1792), 81;
on opposition to Federal excise, 87;
and Whiskey Insurrection, 89, 90;
Brigadier-General of Militia, 90;
on assault on Neutrality Proclamation, 93, 94, 96;
support of policy of neutrality, 97-99, 235, 387, 402, 403,
507-09;
first Republican attacks on, 98-103;
and post at New Orleans (1793), 99;
attacks on character, 101-03, 409, 410;
military enforcement of neutrality, 103-06;
on British depredations on neutral trade (1794), 108;
on retention of frontier posts, 111;
leader of Virginia Federalists, 122;
refuses Cabinet offers, 122, 123, 147;
advises on Cabinet appointments, 124-26, 132;
defense of Jay Treaty, 126, 129 _n._;
and Jay Treaty resolutions of Legislature, 133-37;
on treaty-making power (1795), 134-36;
and Legislature's indirect censure of Washington, 138, 140;
Jefferson's accusation of hypocrisy (1795), 139, 140;
and proposed amendments, 141;
declines French mission (1796), 144-46;
and Richmond meeting on Jay Treaty, 149-55;
sounds Henry on presidential candidacy (1796), 156-58;
and Virginia address to Washington (1796), 159-62;
growth of the Jefferson feud, 165;
and Federalist leaders (1796), 198;
declines Jay Treaty commissionship, 200-02;
X. Y. Z. Mission [_see_ this title];
on John Adams (1797), 214;
Adams on, 218;
on The Hague, 231;
on 18th Fructidor, 232, 236-44;
on conditions in Holland (1797), 233-35;
on conditions at Antwerp, 246, 247;
on French economic conditions, 267-70;
on Treaty of Campo Formio, 271;
on French military and financial conditions, 321-23;
on liberty and excess of press, 331;
refuses Associate Justiceship, 347, 378, 379;
beginning of Jefferson's open warfare, 358;
Washington persuades him to run for Congress (1798), 374-78;
Republican attacks on candidacy, M. on attacks, 379, 395, 396,
407, 409, 410;
on expediency of Alien and Sedition Acts, 386, 388, 389, =3=, 106;
answers to queries on principles, =2=, 386-89, 574-77;
Federalists on views on Alien and Sedition Acts, 389-94, 406;
on motives of Virginia Republicans, 394, 407;
address of minority of Virginia Legislature, 402-06;
on rule of the majority, 402;
on preparedness, 403, 476-80, 531;
attack on Virginia Resolutions, 404;
on constitutionality of Alien and Sedition Acts, 404;
electioneering, 409;
defeat expected, 410;
effect of Henry's support, 410-13;
at the polls, 413-16;
elected, 416;
Washington's congratulations, 416;
apology to Washington for statements of supporters, 416, 417;
Federalists on election, their misgivings, 417-19;
Jefferson on election, 419;
and officers for army (1799), 420;
visit to father in Kentucky, Jefferson's fear of political
mission, 421, 422;
and French hostility as Federalist asset, 422;
approves reopening of French negotiations, 428, 433, 436;
importance to Federalists in Congress, 432, 436, 437;
of committee to notify President, 432;
reply of House to Adams's address, 433-36;
on question of reducing army (1800), 436, 439, 476-81;
on campaign plots and issues, 438-40;
addresses on death of Washington, 440-43;
and phrase "first in war," 443-45;
use of term "American Nation," 441;
activity in Congress, 445;
and cession of Western Reserve, 446;
and powers of territorial Governor, 446;
and army officers' insult of Randolph, 446;
and Marine Corps Bill, debate with Randolph, 446-48;
and land grants for veterans, 448;
attitude towards slavery (1800), 449, 450;
votes to repeal Sedition Act, 451;
political independence, 451, 452;
kills Disputed Elections Bill, 455-58;
and delay in Jonathan Robins case, 462, 463;
importance and oratory of speech on case, 464, 473;
arguments in speech, 465-71;
on jurisdiction on high seas, 465-67;
on basis of piracy, 467;
on limitation to jurisdiction of Federal Courts, 468-70;
on incidental judicial powers of Executive, 470;
on President as sole organ in external relations, 470;
comments and effect of speech, 471-75;
Jefferson's blindness to merit, 475;
and Bankruptcy Bill, 481, 482;
refuses War portfolio, 485;
appointment as Secretary of State, 486, 489, 491;
Republican comment on appointment, 490, 492;
Federalist comment, 492;
as Secretary, incidents of service, 493, 494, 499;
and office-seekers, 494;
and pardon of Williams, 495;
and continued depredations on neutral trade, 496;
and _Sandwich_ incident, 496;
and Bowles's activity in Florida, 497-99;
and Barbary Powers, 499;
and disruption of British-debts commission and proposed
compromise, 502-05;
instructions to King on British depredations, 506-14;
on unwarranted increase of contraband list, 509-11;
on paper blockade, 511;
on unfairness of British admiralty courts, 511, 512;
on impressment, 513;
and breaking-up of Federalist Party, 514, 515, 526;
loses control of district, 515;
and prospects of new French negotiations, 522, 523;
and French treaty, 525;
writes Adams's address to Congress, 530, 531;
on need of navy, 531;
and extension of Federal Judiciary, 531, 548;
and _Washington Federalist_, 532 _n._, 541, 547 _n._;
neutrality in Jefferson-Burr contest, 536-38;
personal interest in it, 538, 539;
effect of his neutrality, 539;
opinion of Jefferson (1800), 537;
and threatened deadlock, 541-43;
Fairfax estate and Judiciary Bill (1801), 551;
continues as Secretary of State, 558;
and judgeship for Wolcott, 559, 560;
and midnight appointments, myth concerning, 559, 561, 562;
and accusation of nepotism, 560 _n._;
in defeat of party, =3=, 11;
and Republican success, 15;
on Jefferson's inaugural, 18;
and Callender trial, 39;
on trials for violating Neutrality Proclamation, 26;
on settlement of British debts controversy, 103;
on political conditions (1802), 104;
opposition to War of 1812 and hatred of France, =4=, 1-3, 15,
35-41, 49, 50, 55, 125;
opposition to Embargo, 14, 15;
on Jackson incident and Federalist defeat (1809), 24, 25;
proposed for President (1812), 31-34, 46, 47;
and Richmond Vigilance Committee, 41 _n._;
refrains from voting, 462, 465;
incident of election of 1828, 462-65;
on House election of Adams, 462 _n._;
on Jackson's inauguration, 466;
and American Colonization Society, 473-76;
and Jackson's war on the Bank, 528, 533, 535;
on Virginia and Jackson's veto of Harbor Bill, 534;
and election of 1832, 534;
and Indian policy, 542 _n._

_Chief Justice_:
Appointment, =2=, 553;
Adams on qualifications, 554:
reception of appointment, 555-57;
acceptance, 557, 558;
Jefferson and appointment, 652, =3=, 20;
general inappreciation of appointment, =2=, 563;
change in delivery of opinions, =3=, 16;
_Amelia case_, law of prize, 16, 17;
Wilson _vs._ Mason, Kentucky land case, 17;
United States _vs._ Peggy, treaty as supreme law, 17;
Turner _vs._ Fendall, practice and evidence, 18;
influence of Alien and Sedition Acts on career, 49;
and assault on the Judiciary (1802), 50, 75;
Judiciary Act of 1801 and acceptance of Chief Justiceship, 58;
and Giles, 76 _n._;
Giles's sneer at and Bayard's reply, 77;
and annulment of repeal of Judiciary Act, 85, 91, 92, 93 _n._,
95-97, 122, 123, =4=, 489, 490;
on circuit, =3=, 101-03, =4=, 63-66;
preparation for assertion of constitutional authority of
Judiciary, 104, 109;
Marbury _vs._ Madison [_see_ this title];
American Insurance Co. _vs._ Canter, annexation and territorial
government, =3=, 148, =4=, 143, 144;
removal by impeachment planned, his fear of it, =3=, 155, 161-63,
176-79, 192, 196;
United States _vs._ Fisher, implied powers, 162;
importance of Chase trial to, 175-79, 191, 192, 196, 220, 222;
suggests legislative reversal of judicial opinions, 177, 178;
Randolph's tribute to, in Chase trial, its political importance,
188, 214-16;
as witness in trial, 192-96;
early opinions, 273;
and rumors on Burr Conspiracy, 338;
and habeas corpus for Swartwout and Bollmann, 346;
opinion on their discharge, effect of misunderstanding of
statement on presence at overt act, 349-57, 414 _n._, 484,
493, 496, 502, 506-09;
rebukes of Jefferson's conduct, 351, 376;
warrant for Burr's arrest, 370;
preliminary hearing and opinion, 370, 372-79;
conduct and position during Burr trial, 375, 397, 404, 407, 408,
413 _n._, 421, 423, 480, 483, 484, 494, 517, 526;
Jefferson's criticism of preliminary hearing, 386-89;
at dinner with Burr, 394-97;
on difficulty of fair trial, 401;
and counsel at trial, 408;
and selection of grand Jury 409, 410, 413;
instructions to grand jury, 413-15, 442, 451;
and new motion to commit for treason, 415, 416, 421, 422, 424,
425, 428;
and subpoena to Jefferson, 434, 443-17, 455, 518-22;
admonition to counsel, 439;
opinion on overt act, 442, 504-13, 619-26;
on prosecution's expectation of conviction, 447-49;
and pardon for Bollmann, 452, 453;
and attachment against Wilkinson, 473, 475;
and confinement of Burr, 474, 478;
and selection of petit jury, 475, 482;
seeks advice of associates, 480;
on preliminary proof of overt act, 485-87;
and threat of impeachment, 500, 501, 503, 512, 516;
on testimony not on specified overt act, 512, 542;
and irregular verdict, 514;
denies further trial for treason, 515;
and bail after treason verdict, 516;
and commitment for trial in Ohio, 524, 527, 528, 531 _n._;
Burr's anger at, 524, 528;
and Daveiss's pamphlet, 525;
attacks on for trial, 526, 532-35, 540;
on trial and Baltimore tumult, 529;
Jefferson urges impeachment, 530-32;
Baltimore mob burns him in effigy, 535-40;
J. Q. Adams's report on Burr trial, 542, 543;
later relations with Adams, 542 _n._;
foreign affairs prevent efforts to impeach, 545;
importance of Fletcher _vs._ Peck opinion, 556, 593, 602;
knowledge of Granger's memorial on Yazoo claims, 576 _n._;
and of congressional debate on it, 582;
administers oath to Madison, 585;
hearings and opinion in Fletcher _vs._ Peck, Yazoo claims and
obligation of contract, 585-91;
congressional denunciation of opinion, 595-601;
rebukes resistance of National authority by State, opinion in
Olmstead case, =4=, 18-20;
checks reaction against Nationalism, 58;
period of creative labor, 59;
influence over associates, causes, 59-61, 444;
conduct on the bench, 82;
life and consultation of Justices, 86-89;
character of control over Supreme Court, 89, 90;
popularity with the bar, 94;
encourages argument, 94 _n._, 95;
Story as supplementing, 96, 119, 120, 523;
Story's devotion, 99, 523;
Livingston _vs._ Jefferson, Jefferson's manipulation of colleague,
104-16;
Nationalism and upholding of doubtful acts of Congress,
suppression of personal feelings, 117, 546;
_Adventure_ case, interpretation of Embargo, 118;
_obiter dicta_, 121, 369;
and international law, 121;
_Exchange_ case, immunity of foreign man-of-war, 121-25;
United States _vs._ Palmer, _Divina Pastora_, international status
of revolted province, belligerency, 126-28;
dissent in _Venus_ case, domicil during war and enemy character,
128, 129;
_Nereid_ case, neutral property in enemy ship, 136-42;
and Martin _vs._ Hunter's Lessee, 145, 148-50, 150 _n._, 152-155,
157, 161, 164;
Granville heirs case, 154, 155;
private letter on Hunter decision, 164 _n._, 165 _n._;
decisions of 1819 as remedies for National ills, 168, 169, 203,
208, 220;
Sturges _vs._ Crowninshield, State insolvency laws and obligation
of contracts, 209-19;
New Jersey _vs._ Wilson, exemption from taxation and obligation
of contracts, 221-23;
and Dartmouth College case, 251, 252, 255, 259 _n._, 261, 273,
274;
opinion in case, charters and obligation of contracts, 261-73;
consequences of opinion, 276-81;
importance and aim of M'Culloch _vs._ Maryland opinion, 282, 308;
on Pinkney, 287;
tribute to argument of case, 288;
opinion in case, 289-308;
debt of Webster and Lincoln to, 293 _n._, 553, 554;
attacks on opinion, 309-17, 323-27, 330-39;
and change in reputation of Supreme Court, 310;
on attacks reply to them, 312, 314, 315, 318-23;
sells bank stock, 318;
importance and purpose of Cohens _vs._ Virginia, 342;
opinion in case, 347-57;
on attacks on opinion, 359-62;
Jefferson's attack (1821), 363-66;
Taylor's attack on Nationalist doctrine, 367;
as center of strife over political theories, 370;
on Johnson's Elkison opinion, 383;
opinion in Osborn _vs._ Bank, 385-94;
satisfying disposition of cases, 393, 394;
importance and effect of Gibbons _vs._ Ogden, 413, 423, 429, 446,
447, 450;
opinion in Brig Wilson _vs._ United States, navigation, 428, 429;
opinion in Gibbons _vs._ Ogden, control over commerce, 429-43;
tribute to Kent, 430, 441;
reception of opinion, 445;
change in congressional attitude toward, 452, 454;
opinion in Brown _vs._ Maryland, foreign commerce, 455-59;
warning to Nullifiers, 459;
survival of opinions, 460;
character of last decade, 461, 518, 581, 582;
_Antelope_ case, slave trade and international law, 476, 477;
Boyce _vs._ Anderson, common carriers and transportation of
slaves, 478;
dissent in Ogden _vs._ Saunders, insolvency laws and future
contracts, 481;
opinion in Craig _vs._ Missouri, State bills of credit, 510;
on Supreme Court and threats of disunion, 512, 513;
anticipates reaction in Supreme Court, 513, 514, 582, 584;
on proposed repeal of appellate jurisdiction, 514;
question of resignation, 519-21;
and homage of Philadelphia bar, 521;
Jackson's denial of authority of opinions, 530-32;
and Georgia-Cherokee contest, 542;
opinion in Cherokee Nation _vs._ Georgia, Indians not foreign
nation, 544-46;
rebukes Jackson's attitude toward contest, 546;
opinion in Worcester _vs._ Georgia, control over Indians, 549-51;
mandate ignored, 551;
opinions and Jackson's Nullification Proclamation, 562, 563;
on Story's article on statesmen, 577;
and Briscoe _vs._ Bank and New York _vs._ Miln, 583, 584 _n._,
585 _n._;
in last term, 585;
last opinion, 585.

_Characteristics, opinions and their development_:
idea of Union in early training, =1=, 9;
motto, 17;
filial and brotherly affection and care, 39, 196, =2=, 174, 175;
influence of early environment, =1=, 33, 41, 42;
poetry and novels, 41, =4=, 79, 80;
appearance at nineteen, =1=, 71;
at twenty-six, 151;
in middle age, =2=, 166-69;
fighter, =1=, 73;
humor, 73, =2=, 111, 146, 181, 182, =4=, 61, 62, 78, 82;
athletic ability, =1=, 73, 118, 132;
nickname, 74, 132;
first lessons on need of organization, 78;
influence of army experience, 89, 90, 100, 126, 145-47, 244, 420;
sociability, generosity, conviviality, 152, 180, 187, 188,
=2=, 102, 483, =4=, 78, 79;
as reader, =1=, 153;
book-buying, 184-86, =2=, 170;
negligent dress, =1=, 163, =4=, 61;
gossip, =1=, 182, 183;
as letter-writer, negligent of correspondence, 183 _n._,
=4=, 203 _n._;
and drinking, =1=, 186, =2=, 102 _n._, 332 _n._, =4=, 79;
sympathy, =1=, 188;
and wife's invalidism, 198, =4=, 66-71;
reverence for woman, =1=, 198, =4=, 71, 72;
handwriting, =1=, 211;
early self-confidence, 211;
influence of service in Legislature, 216, 223, 231, 232, 244;
growth of Nationalism, 223, 231, 240, 242-44, 286, 287, =2=, 77,
91, =4=, 1, 55;
loses faith in democracy, =1=, 252, 254, 294, 302, =3=, 109, 265,
=4=, 4, 55, 93, 479-83, 488, 507;
characterized at Ratification Convention, =1=, 408, 409;
as speaker, 409 _n._, 420, =2=, 188, 464;
argument by questions, =1=, 457 _n._;
influence of Ratification, 479;
influence of French Revolution, =2=, 3, 4, 7-9, 20, 32, 34, 44;
preparation for Nationalistic leadership, 52;
integrity, 140, 563, =4=, 90;
effect on, of abuse of Washington, =2=, 163;
appreciation of own powers, 168;
and French language, 170 _n._, 219;
trust, 173;
diversions, 182-85, =4=, 66, 76-78;
La Rochefoucauld's analysis of character, =2=, 196, 197;
ambitiousness, 197;
indolence, 197, 483;
domesticity, 214, 215, 217, 219, 220, 231, 284-86, 369-71,
=4=, 461, 532;
love of theater, =2=, 217, 231;
influence of experiences in France, 287-89, =4=, 2, 3, 15, 125;
peacefulness, =2=, 369;
Sedgwick on character, 483, 484;
and popularity, 483;
good nature, 483, 484;
charm, 483, 484, 563, =4=, 81, 90;
independence, =2=, 484;
fearlessness, 484;
unappreciated masterfulness, 563;
and policy of isolation, =3=, 14 _n._;
light-heartedness, 102;
and honors, 271, =4=, 89;
appearance in maturity, =3=, 371;
and Burr contrasted, 371, 372;
on right of secession, 430;
impressiveness, 447;
prejudice-holding, =4=, 2;
denies right of expatriation, 53-55;
not learned, 60;
simplicity of daily life, 61-63;
marketing, 61;
deliberateness, 62;
fondness for children, 63;
interest in agriculture, 63;
habits of thought and writing, 64, 67, 169, 220, 290;
abstraction, 64, 85;
religion, 69-71;
life at Fairfax estate, 74;
kindness, 75;
conscientiousness, 76;
lack of personal enemies, 78;
dislike of Washington formal society, 83-85;
as conversationalist, 85;
portraits, 85 _n._, 522 _n._;
dislike of publicity, 89;
character in general, 90;
resemblance to Lincoln, 92, 93;
and imprisonment for debt, 215, 216;
Roane's tribute, 313;
and criticism, 321;
humanness, 321;
contrasted with Jackson, 466;
on uplift and labor problem, 471;
and slavery, 472-79;
and death of wife, tribute to her memory, 524-27;
country's esteem, 578, 581 _n._;
Story on green old age, 579;
on attitude toward Jefferson, 579, 580;
and Story's Commentaries and dedication to himself, 569, 576,
580, 581;
on Nullification, 556-59, 562, 569-72, 574, 575;
despondent over state of country, 575-78;
tributes at death, 589-92;
hostile criticism, 591;
Story's verses on, 592, 593.

Marshall, John, M.'s son, M. on, as baby, =2=, 370;
birth, 370 _n._, =4=, 73 _n._;
education, 73.

Marshall, John, New England skipper, =4=, 223.

Marshall, Judith, M.'s sister, birth, =1=, 38 _n._

Marshall, Louis, M.'s brother, birth, =1=, 56 _n._

Marshall, Lucy, M.'s sister, birth, =1=, 38 _n._;
marriage, 166 _n._;
M. helps, 197.

Marshall, Martha, M.'s putative great-grandmother, =1=, 483.

Marshall, Mary, M.'s aunt, =1=, 486.

Marshall, Mary, M.'s sister, birth, =1=, 34 _n._

Marshall, Mary, M.'s daughter, Mrs. Jacquelin B. Harvie,
=3=, 192 _n._, =4=, 73;
birth, 73 _n._

Marshall, Mary Randolph (Keith), M.'s mother,
ancestry and parents, =1=, 10, 16-18;
education and character, 18, 19;
children, 19, 34, 38 _n._, 56 _n._

Marshall, Mary W. (Ambler), courtship, =1=, 148-54, 159, 160, 163;
marriage to M., 165, 166;
children, 179, 190, =2=, 370 _n._, 453, =4=, 73 _n._;
religion, =1=, 189 _n._, =4=, 69;
items in M.'s account book, =1=, 197;
invalid, M.'s devotion, 198, =2=, 371 _n._, =4=, 66-69;
independent means, 524 _n._;
death, M.'s tribute, 524-27.

Marshall, Nancy, M.'s sister, birth, =1=, 56 _n._

Marshall, Peggy, M.'s aunt, =1=, 486.

Marshall, Sarah, Mrs. Lovell, =1=, 485.

Marshall, Susan, M.'s sister, birth, =1=, 56 _n._

Marshall, Thomas, M.'s putative great grandfather, =1=, 14;
will, 483, 484.

Marshall, Thomas, father of M., and Washington, =1=, 7, 46;
and Braddock's expedition, 8;
similarity to Jefferson's father, 11;
birth, 13;
character, 19;
children, 19, 34, 38 _n._, 56 _n._;
as a frontiersman, 31;
settlement in Fauquier County, 33, 34;
migration to "The Hollow," 34-37;
appearance, 35;
slaves, 37 _n._;
education, 42;
and M., 42;
influence of Lord Fairfax, 47, 50;
offices, 51, 58 _n._, 170 _n._;
leases land, 51;
vestryman, 52;
acquires Oak Hill, 55;
in House of Burgesses, 58, 61, 64;
in Virginia Convention (1775), 65, 66;
prepares for war, 67;
major of minute-men, 69;
at battle of Great Bridge, 76, 77;
enters Continental service, 79;
in crossing of the Delaware, 91;
promotions, 95;
in Brandywine campaign, 95;
colonel of State Artillery, 96 _n._, 117 _n._;
source on military services, 148 _n._, 489;
not at surrender of Charleston, 148 _n._;
property, 166;
financial stress, moves to Kentucky, 167-69;
gives M. land, 186;
and M.'s election to Legislature, 202;
and M.'s election to Council of State, 209 _n._;
and British debts, 229, 231;
in Virginia Legislature from Kentucky, 229;
bequest from father, 485;
on Kentucky and National Government (1791), =2=, 68 _n._;
resignation as Supervisor of Revenue, on trials of office, 212 _n._,
213 _n._;
M.'s visit to (1799), 421, 422.

Marshall, Thomas, M.'s brother, birth, =1=, 34 _n._;
in Revolutionary army, 117 _n._

Marshall, Thomas, M.'s son, birth, =1=, 179 _n._, =4=, 73 _n._;
education, 73;
home, 74;
killed, 588.

Marshall, William, putative great uncle of M., =1=, 12, 14, 483;
deed to M.'s grandfather, 487, 488.

Marshall, William, M.'s uncle, =1=, 485.

Marshall, William, M.'s brother, birth, =1=, 38 _n._;
and Chase impeachment, =3=, 176, 191, 192.

Marshals, United States, plan to remove Federalist, =3=, 21;
conduct in sedition trials, 42.

Martin, Luther, and Callender trial, =3=, 37;
in Federal Convention, on declaring acts void, 115 _n._;
counsel for Chase, 186;
career and character, 186 _n._, 187 _n._, 538 _n._;
argument, 201-06;
counsel for Swartwout and Bollmann, 348;
counsel for Burr, 407, 428;
security for Burr, 429 _n._;
on subpoena to Jefferson, 436, 437, 441, 451;
Jefferson's threat to arrest, 451;
on pardon for Bollmann, 452-54;
and confining of Burr, 474;
public hostility, 480 _n._;
on preliminary proof of overt act, 485;
intemperance, 501 _n._, 586 _n._;
on overt act, 501-04;
on the verdict, 513;
and Baltimore mob, 535-40;
Burr's friendship, 538 _n._;
counsel in Fletcher _vs._ Peck, 585, 586;
as practitioner before M., =4=, 95;
and Dartmouth College case, 238 _n._;
counsel in M'Culloch _vs._ Maryland, 284, 286.

Martin, Philip,
sale of Fairfax estate, =2=, 203 _n._, =4=, 149, 150 _n._
_See also_ Martin _vs._ Hunter's Lessee.

Martin _vs._ Hunter's Lessee, early case, =2=, 206-08;
importance, =4=, 144, 166, 167;
M.'s connection with decision, 145, 153, 161, 164;
interest of M.'s brother in case, 145, 150, 153 _n._, 160;
Virginia's political organization, 146;
Hunter's grant, Fairfax's State case against it, 147;
Marshall syndicate compromise on Fairfax lands, 148;
compromise and Hunter's claim, 149, 150 _n._, 152, 157, 163;
decision for Hunter in State court, 151, 152;
Hunter's social position, 151 _n._;
appeal to Supreme Court involving treaties, 153;
Federal statute covering appeal, 153 _n._;
M. and similar North Carolina case, 154, 155;
Story's opinion, treaty protects Fairfax rights, 156;
Johnson's dissent, 157;
Virginia court denies right of Supreme Court to hear appeal, 157-60;
second appeal to Supreme Court, 160;
Story's opinion on right of appeal, 161-63;
M.'s private letter on appellate power, 164 _n._, 165 _n._;
Johnson's dissent on control over State courts, 165, 166.

Martineau, Harriet, on M.'s attitude toward women, =4=, 72.

Maryland, and Kentucky and Virginia Resolutions, =3=, 105 _n._;
tax on Bank of the United States, =4=, 207.
_See also_ Brown _vs._ Maryland; M'Culloch _vs._ Maryland.

Mason, George, as statesman, =1=, 32;
in the Legislature, 203;
on character of post-Revolutionary Legislature, 205 _n._;
and amendment of Virginia Constitution (1784), 217;
and chancery bill (1787), 219;
on loose morals, 220;
and British debts, 229 _n._, 230 _n._, 231;
and Confederate navigation acts, 235;
and calling of Ratification Convention, 245;
in Ratification Convention: characterized, 369;
motion for detailed debate, 369;
and delay, 372;
on consolidated government, 382;
on conciliation, 383;
in the debate, 421-23, 435, 438-40, 445, 448, 467;
appeal to class hatred, 422, 439 _n._, 467;
denounces Randolph, 423;
fear of the Federal District, 438, 439;
on payment of public debt, 440, 441;
on Judiciary, 445-47;
on suppression of Clinton's letter, 478;
and M., =2=, 78;
in Federal Convention, on declaring acts void, =3=, 115 _n._;
and on obligation of contracts, 558 _n._

Mason, Jeremiah, as practitioner before M., =4=, 95;
counsel in Dartmouth College case, 233, 234, 250, 251;
fee and portrait, 255 _n._;
Bank controversy, 529.

Mason, Jonathan, on X. Y. Z. dispatches, =2=, 338, 342;
in debate on repeal of Judiciary Act, =3=, 60.

Mason, Stevens T., divulges Jay Treaty, =2=, 115, =3=, 63 _n._;
on Virginia and Jay Treaty, =2=, 151 _n._;
appearance, =3=, 62;
in debate on repeal of the Judiciary Act, 63-65.

Masonry, M.'s interest, =1=, 187, =2=, 176;
first hall at Richmond, =1=, 188.

Massac, Fort, Burr at, =3=, 294.

Massachusetts, drinking in colonial, =1=, 23 _n._;
Shays's Rebellion, 298-303;
policy of Constitutionalists, 339;
character of opposition to Ratification, 339, 340, 344-47;
strength and standpoint of opposition, 344;
influence of Hancock, 347;
recommendatory amendments and Ratification, 348, 349;
soothing the opposition, 350-53;
question of bribery, 353 _n._, 354 _n._;
and Kentucky and Virginia Resolutions, =3=, 43, 105 _n._;
and Embargo, =4=, 12, 15, 17;
and War of 1812, 48 _n._;
and M'Culloch _vs._ Maryland, 334;
steamboat monopoly, 415;
Constitutional Convention (1820), 471.

Massachusetts Historical Society,
makes M. a corresponding member, =3=, 271.

Massie, Thomas, buys land from M.'s father, =1=, 168.

Mattauer divorce case in Virginia, =2=, 55 _n._

Matthews, George, journey (1790), =3=, 55 _n._;
and Yazoo lands bill, 549-51.

Matthews, Thomas, and chancery bill (1787), =1=, 219;
presides in Ratification Convention, 468.

Maxwell, William, Brandywine campaign, =1=, 93.

Mayo, John, defeat and duel, =2=, 515.

Mazzei letter, =2=, 537 _n._, 538 _n._

Mead, Cowles, and Burr conspiracy, =3=, 362, 363.

Meade, William, on drinking, =1=, 23;
on irreligion, 221 _n._;
on M.'s daily life, =4=, 63, 63 _n._, 69.

Mellen, Prentice, on bankruptcy frauds, =4=, 202.

Mercer, Charles F., on M., =4=, 489 _n._

Mercer, John, grand juror on Burr, =3=, 413 _n._

Mercer, John Francis,
in Federal Convention, on declaring acts void, =3=, 115 _n._

Meredith, Jonathan, counsel in Brown _vs._

Maryland, =4=, 455.

Merlin de Douai, Philippe A., election to Directory, =2=, 243.

Merry, Anthony, intrigue with Federalist Secessionists, =3=, 281;
and Burr, 287-90, 299.

Mexican Association, =3=, 295.

Mexico. _See_ Burr Conspiracy.

Midnight appointments, =2=, 559-62;
ousted, =3=, 95.

Milan Decree, =4=, 7.

Military certificates, M. purchases, =1=, 184.

Military titles, passion for, =1=, 327 _n._, 328 _n._

Militia, in the Revolution, =1=, 83-86, 100;
debate in Ratification Convention on efficiency, 393, 406 _n._;
on control, 435-38;
uniform in Virginia (1794), =2=, 104 _n._;
M. on unreliability, 404.

Milledge, John, on Yazoo lands, =3=, 573 _n._

Miller, James, and Yazoo lands, =3=, 566 _n._

Miller, Stephen D., and Nullification, =4=, 555.

"Millions for defense," origin of slogan, =2=, 348.

Minor, Stephen, Spanish agent, and Burr conspiracy, =3=, 256, 329 _n._

Mirabeau, Comte de, on the Cincinnati, =1=, 293.

Miranda, Francisco de,
plans, knowledge of Administration, =3=, 286, 300, 301, 306;
and Burr conspiracy, 306, 308;
Ogden-Smith trial, 436 _n._

Mississippi River, free navigation in Virginia debate on Ratification,
=1=, 399, 403, 411, 420, 430-32;
first steamboat =4=, 402, 402 _n._, 403 _n._;
steamboat monopoly, 402, 414.

Mississippi Territory, powers of Governor, =2=, 446;
Burr, =3=, 362-68.

Missouri. _See_ next title, and Craig _vs._ Missouri.

Missouri Compromise,
Virginia resolutions against restriction, =4=, 325-29;
struggle and secession, 340-42.

Mitchel _vs._ United States, M.'s last opinion, =4=, 585.

Mitchell, Samuel L., votes to acquit Chase, =3=, 219, 220.

Monarchy, fear, =1=, 290 _n._, 291, 334, 391, =2=, 383.
_See also_ Government.

Money, varieties in circulation (1784), =1=, 218 _n._;
debased, 297;
scarcity (c. 1788), =2=, 60 _n._
_See also_ Finances; Paper money.

Monmouth campaign, =1=, 134-38.

Monopoly, Bank of the United States as, =4=, 310, 311, 336, 338, 531.

Monroe, James, Stirling's aide, =1=, 119;
and selling of land rights, 168;
and realizing on warrants, 181, 212;
and chancery bill (1787), 219;
and British debts, 229 _n._, 231;
use of cipher, 266 _n._;
in debate in Ratification Convention, 407, 408, 431;
candidacy for House (1789), =2=, 50 _n._;
on service in Legislature, 81 _n._;
on M.'s support of policy of neutrality, 98;
and M.'s integrity, 140;
as Minister to France, 144, 222, 224;
attack on Washington, 222;
and movement to impeach Justices, =3=, 59;
and J. Q. Adams, 541 _n._;
and M., =4=, 40;
report on St. Cloud Decree, 48;
M.'s review of it, 49, 50;
and Hay's pamphlet on impressment, 53;
and Martin _vs._ Hunter's Lessee, 160;
and second Bank of the United States, 180 _n._;
and internal improvements, 418 _n._;
in Virginia Constitutional Convention, 484;
conservatism there, 489.

Montgomery, John, and Chase, =3=, 170;
as witness in Chase trial, 189 _n._

Moore, Albert, resigns Justiceship, =3=, 109 _n._

Moore, John B., on M. and international law, =4=, 117, 121 _n._

Moore, Richard C., at M.'s funeral, =4=, 589.

Moore, Thomas, on Washington, =3=, 9.

Moore, William, on election of Ratification delegates, =1=, 360.

Moravians, during American Revolution, =1=, 110 _n._, 116.

Morgan, Charles S.,
in Virginia Constitutional Convention, =4=, 501 _n._

Morgan, George, and Burr conspiracy, =3=, 309, 465, 488.

Morgan, James, votes for war, =4=, 29 _n._

Morrill, David L., resolution against dueling, =3=, 278 _n._

Morris, Gouverneur, and Ratification in Virginia, =1=, 401, 433;
on American and French revolutions, =2=, 2 _n._;
unfavorable reports of French Revolution, 6-9, 26 _n._, 248;
recall from French Mission, 221;
in debate on repeal of Judiciary Act, =3=, 60, 61, 65, 66, 70, 71;
Mason's sarcasm, 64;
on reporting debates, 67 _n._;
on Jefferson's pruriency, 90 _n._;
in Federal Convention, on declaring acts void, 115 _n._;
and on obligation of contracts, 557 _n._;
and Judiciary Act of 1789, 128;
on Napoleon, =4=, 2.

Morris, Hester, marries J. M. Marshall, =2=, 203.

Morris, Robert, as financial boss, =1=, 335;
as a peculator, 336;
and Ratification in Virginia, 401, 402 _n._;
and M., 401 _n._;
and Cabinet position, =2=, 63;
and M.'s purchase of Fairfax estate, 101, 203, 206, 209, 211;
and M.'s investments, 199, 200;
land speculation, 202, 205 _n._;
connection with M.'s family, 203;
and Judiciary Act of 1789, =3=, 129;
and Yazoo lands, 555.

Morris, Thomas, in Judiciary debate (1802), =3=, 74 _n._

Morse, Jedediah, on secession, =3=, 152.

Morton, Perez, and Yazoo claims, =3=, 576 _n._

Motto, M.'s, =1=, 17.

Mumkins, Betsy, M.'s domestic, =1=, 190.

Murch, Rachel, and Dartmouth College troubles, =4=, 226.

Murdock, T. J., on Story and Dartmouth College case, =4=, 257 _n._

Murphey, Archibald D., on M.'s biography of Washington, =3=, 272.

Murray, William Vans,
on Gerry in X. Y. Z. Mission, =2=, 258 _n._, 363;
on memorial of X. Y. Z. envoys, 309;
on M.'s views on Alien and Sedition Acts, 394, 406;
on M.'s election (1799), 419;
and reopening of French negotiations, 423;
on repeal of Judiciary Act, =3=, 94.

Murrell, John, and Burr conspiracy, =3=, 362.

Mutual Assurance Society of Virginia, M. and origin, =2=, 174.

Napoleon I., and 18th Fructidor, =2=, 230, 246;
Treaty of Campo Formio, 271;
and Talleyrand, 272;
reception in Paris (1797), 287, 288;
and American negotiations, 524;
and Burr, =3=, 537 _n._;
Morris on, =4=, 2;
decrees on neutral trade, 6;
and Embargo Act, 12 _n._;
pretended revocation of decrees, 26, 36-39, 48-50;
battle of Leipzig, 51;
and Fulton's steamboat experiments, 397.

Napoleonic Wars, peace and resumption, =3=, 14;
and American politics, =4=, 2-5.
_See also_ Neutral trade.

Nash, Thomas. _See_ Jonathan Robins case.

Nashville, Burr at, =3=, 292, 296, 313.

Nason, Samuel, and Ratification, =1=, 342, 345.

Natchez, first steamboat, =4=, 403 _n._

_Natchez Press_, on M'Culloch _vs._ Maryland, =4=, 311 _n._

_National Gazette_, as Jefferson's organ, =2=, 81.
_See also_ Freneau.

National Government, M. on start, =3=, 263.

Nationalism, growth of M.'s idea, =1=, 223, 231, 232, 240, 242-44,
286, 287, =2=, 77;
lack of popular conception under Confederation, =1=, 232, 285;
Washington's spirit during Confederation, 243;
fear of consolidation, 320, 375, 382, 388-390, 405, 433, =2=, 69;
fear of gradual consolidation, =1=, 446;
lesson of Ratification contest, 479;
influence of French Revolution on views, =2=, 42-44;
M. on origin of contest, 48;
made responsible for all discontents, 51-53;
M.'s use of "Nation," 441;
centralization as issue (1800), 520;
union with reaction, =3=, 48;
importance of M.'s Chief Justiceship to, 113;
M. on, as factor under Confederation, 259-61;
M. on Washington's, 259 _n._;
influence of Fletcher _vs._ Peck, 594, 602;
as M.'s purpose in life, =4=, 1, 55;
assertion in Embargo controversy, 12, 16;
Olmstead case, M.'s opinion, 18-21;
moves westward, 28;
M. on internal improvements and, 45;
M. as check to reaction against, 58;
and M.'s upholding of doubtful acts of Congress, 117-19;
of Story, 145;
in M'Culloch _vs._ Maryland, 292;
forces (c. 1821), 370;
original jurisdiction of National Courts, 386;
Randolph's denunciation in internal improvements contest, 419-21;
importance of Gibbons _vs._ Ogden, 429;
and tariff and overthrow of slavery, 536;
M.'s opinions and Webster's reply to Hayne, 552-55;
M. anticipates reaction in Supreme Court, 582, 584.
_See also_ Declaring acts void; Division of powers; Federalist
Party; Government; Implied powers; Kentucky Resolutions;
Marshall, John (_Chief Justice_); Nullification; Secession;
State Rights; Virginia Resolutions.

Naturalization, Madison on uniform regulation, =1=, 312.
_See also_ Impressment.

Navigation, power over, under commerce clause, =4=, 428, 432, 433.

Navigation acts, proposed power for Confederation, =1=, 234, 235.
_See also_ Commerce.

Navy, M. on need (1788), =1=, 419;
French War, =2=, 427;
M.'s support (1800), 531;
reduction, =3=, 458 _n._;
in War of 1812, =4=, 56;
immunity in foreign ports, 122-25.

Naylor, William, on Virginia County Courts, =4=, 487.

Necessary and proper powers. _See_ Implied powers.

Negro seamen law of South Carolina, Johnson's opinion, =4=, 382, 383.

Nelson, William, Jr., decision in Hunter _vs._ Fairfax, =4=, 148 _n._

Nereid case, neutral goods in enemy ship, =4=, 135-42.

Netherlands, M. on political conditions (1797), =2=, 223-26.

Neufchatel, François de, election to Directory, =2=, 243.

Neutral trade, British seizures in 1793-94, =2=, 107;
question of war over, 108-12;
French depredations, 223, 224, 229, 257, 270, 271, 277, 283, 284,
403, 496;
French rôle d'équipage, 294 _n._;
free ships, free goods, 303-05;
Spanish depredations, 496;
British depredations after Jay Treaty, 506;
Tench Coxe on them, 506 _n._;
M.'s protest on contraband, 509-11;
on paper blockade, 511;
on unfair judicial proceedings, 511, 512;
on impressment, 513;
moderation of French depredations, 523;
and new French treaty, 524 _n._;
renewal of British and French violations, =4=, 6-8, 122;
Non-Importation Act (1806), 9;
partisan attitude, 9-11;
Embargo, 11;
its effect, opposition, 12-16;
M.'s opinion, 14;
non-intercourse, 22;
Erskine incident, 22;
Jackson incident, 23-26;
Napoleon's pretended revocation of decrees, 26, 36-39, 48-50;
M.'s interpretation of Jefferson's acts, 118, 125;
_Nereid_ case, neutral property in enemy ship, 135-42.
_See also_ Jay Treaty; Neutrality.

Neutrality, as Washington's great conception, =2=, 92;
proclamation, 93;
unpopularity, 93;
opposition of Jefferson and Republicans, 94, 95;
mercantile support, 94 _n._, 96;
constitutionality of proclamation, 95;
M.'s support, 97-99, 298-301, 387, 388, 402, 403, 507-09;
M.'s military enforcement, 103-06;
as issue in Virginia, 106;
J. Q. Adams on necessity, 119 _n._;
Federal common-law trials for violating, =3=, 24-29;
M.'s biography of Washington on policy, 264.
_See also_ Isolation; Neutral trade.

New England, hardships of travel, =1=, 256;
type of pioneers (c. 1790), 276;
and excise on distilleries, =2=, 86 _n._;
and secession, =3=, 97;
escapes crisis of 1819, =4=, 170.
_See also_ States by name.

New England Mississippi Company, Yazoo claims, =3=, 576-83, 595-602.
_See also_ Fletcher _vs._ Peck.

New Hampshire, Ratification contest, =1=, 354, 355, 478;
and disestablishment, =4=, 227, 230 _n._;
denounces congressional salary advance (1816), 231 _n._;
Judiciary controversy, 229, 230;
steamboat monopoly, 415;
branch bank controversy, 529;
and Nullification, 559.
_See also_ Dartmouth College _vs._ Woodward.

New Jersey, hardships of travel, =1=, 259;
and State tariff laws, 311;
Ratification, 325;
and Livingston steamboat monopoly, =4=, 403, 404.
_See also_ next title.

New Jersey _vs._ Wilson, exemption of land from taxation and
obligation of contracts, =4=, 221-23.

New Orleans, reception of Burr, =3=, 294, 295;
Wilkinson's reign of terror, 330-37;
battle, =4=, 56;
first steamboat, 403 _n._