LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED All references here are to the List of Authorities at the end of this volume Adams: U.S. See Adams, Henry. History of the United States. Ames. See Ames, Fisher. Works. Channing: Jeff. System. See Channing, Edward. Jeffersonian System, 1801-11. Channing: U.S. See Channing, Edward. History of the United States. Chase Trial. See Chase, Samuel. Trial. Corwin. See Corwin, Edward Samuel. Doctrine of Judicial Review. Cutler. See Cutler, William Parker, and Julia Perkins. Life, Journals, and Correspondence of Manasseh Cutler. Dillon. See Marshall, John. Life, Character, and Judicial Services. Edited by John Forrest Dillon. Eaton: Prentiss. See Eaton, William. Life. Jay: Johnston. See Jay, John. Correspondence and Public Papers. Jefferson Writings: Washington. See Jefferson, Thomas, Writings. Edited by Henry Augustine Washington. King. See King, Rufus. Life and Correspondence. McCaleb. See McCaleb, Walter Flavius. Aaron Burr Conspiracy. McMaster: U.S. See McMaster, John Bach. History of the Marshall. See Marshall, John. Life of George Washington. Priv. Corres.: Colton. See Clay, Henry. Private Correspondence. Edited by Calvin Colton. Records Fed. Conv.: Farrand. See Records of the Federal Convention of 1787. Story. See Story, Joseph. Life and Letters. Trials of Smith and Ogden. See Smith, William Steuben, and Ogden, Samuel Gouverneur. Trials for Misdemeanors. Wharton: Social Life. See Wharton, Anne Hollingsworth. Social Life in the Early Republic. Wharton: State Trials. See Wharton, Francis. State Trials of the United States during the Administrations of Washington and Adams. Wilkinson: Memoirs. See Wilkinson, James. Memoirs of My Own Times. Works: Colton. See Clay, Henry. Works. Works: Ford. See Jefferson, Thomas. Works. Federal Edition. Edited by Paul Leicester Ford. Writings, J. Q. A.: Ford. See Adams, John Quincy. Writings. Edited by Worthington Chauncey Ford. THE LIFE OF JOHN MARSHALL CHAPTER I DEMOCRACY: JUDICIARY Rigorous law is often rigorous injustice. (Terence.) The Federalists have retired into the Judiciary as a stronghold, and from that battery all the works of republicanism are to be battered down. (Jefferson.) There will be neither justice nor stability in any system, if some material parts of it are not independent of popular control. (George Cabot.) A STRANGE sight met the eye of the traveler who, aboard one of the little river sailboats of the time, reached the stretches of the sleepy Potomac separating Alexandria and Georgetown. A wide swamp extended inland from a modest hill on the east to a still lower elevation of land about a mile to the west.1 Between the river and morass a long flat tract bore clumps of great trees, mostly tulip poplars, giving, when seen from a distance, the appearance of "a fine park." 2 Upon the hill stood a partly constructed white stone building, mammoth in plan. The slight elevation north of the wide slough was the site of an apparently finished edifice of the same material, noble in its dimensions and with beautiful, simple lines,3 but "surrounded with a rough rail fence 5 or 6 feet high unfit for a decent barnyard." From the river 1 Gallatin to his wife, Jan. 15, 1801, Adams: Life of Albert Gallatin, 252; also Bryan: History of the National Capital, 1, 357–58. 2 First Forty Years of Washington Society: Hunt, 11. Ib.; and see Wolcott to his wife, July 4, 1800, Gibbs: Administrations of Washington and John Adams, 11, 377. • Plumer to Thompson, Jan. 1, 1803, Plumer MSS. Lib. Cong. |