The Life of John Marshall Volume IV Part 45

[1041] 8 Wheaton, 11-12. (Italics the author's.)

[1042] _Ib._ 18.

[1043] _Annals_, 17th Cong. 1st Sess. 96-98.

[1044] _Annals_, 17th Cong. 1st Sess. 102.

[1045] _Ib._ 103.

[1046] _Ib._ 104.

[1047] _Ib._ 108.

[1048] Georgia, Fletcher _vs._ Peck (see vol. III, chap, X, of this work); Pennsylvania, U.S. _vs._ Peters (_supra_, chap. I); New Jersey, New Jersey _vs._ Wilson (_supra_, chap. V); New Hamps.h.i.+re, Dartmouth College _vs._ Woodward (_supra_, chap. V); New York, Sturges _vs._ Crownins.h.i.+eld (_supra_, chap. IV); Maryland, M'Culloch _vs._ Maryland (_supra_, chap. VI); Virginia, Cohens _vs._ Virginia (_supra_, chap.

VII); Kentucky, Green _vs._ Biddle (_supra_, this chapter).

[1049] _Annals_, 17th Cong. 1st Sess. 113.

[1050] Niles, XXI, 404.

[1051] _Ib._ The resolutions, offered by John Wayles Eppes, Jefferson's son-in-law, "_instructed_" Virginia's Senators and requested her Representatives in Congress to "procure" these amendments to the Const.i.tution:

1. The judicial power shall not extend to any power "not expressly granted ... or _absolutely_ necessary for carrying the same into execution."

2. Neither the National Government nor any department thereof shall have power to bind "_conclusively_" the States in conflicts between Nation and State.

3. The judicial power of the Nation shall never include "_any_ case in which a State shall be a party," except controversies between States; nor cases involving the rights of a State "to which such a state shall ask to become a party."

4. No appeal to any National court shall be had from the decisions of any State court.

5. Laws applying to the District of Columbia or the Territories, which conflict with State laws, shall not be enforceable within State jurisdiction. (Niles, XXI, 404.)

[1052] _Annals_, 17th Cong. 1st Sess. 1682.

[1053] _Ib._, 18th Cong. 1st Sess. 28.

[1054] _Annals_, 18th Cong. 1st Sess. 336.

[1055] _Ib._ 419.

[1056] _Ib._ 915.

[1057] Webster, from the Judiciary Committee, which he seems to have dominated, merely reported that Wickliffe's proposed reform was "not expedient." (_Annals_, 18th Cong. 1st Sess. 1291.)

[1058] March 7 to 13, 1822, inclusive.

[1059] 8 Wheaton, 75.

[1060] 8 Wheaton, 93. Johnson dissented. (_Ib._ 94-107.) Todd of Kentucky was absent because of illness, a circ.u.mstance that greatly worried Story, who wrote the sick Justice: "We have missed you exceedingly during the term and particularly in the Kentucky causes....

We have had ... tough business" and "wanted your firm vote on many occasions." (Story to Todd, March 24, 1823, Story, I, 422-23.)

[1061] Niles, XXV, 203-05.

[1062] _Ib._ 206.

[1063] Niles, XXV, 205.

[1064] _Ib._ 261.

[1065] _Ib._ 275-76.

[1066] _Ib._ XXIX, 228-29.

[1067] _Ib._ XXV, 12; and see Elkison _vs._ Deliesseline, 8 _Federal Cases_, 493.

[1068] Niles, XXV, 13-16.

[1069] _Ib._ 12; and see especially _ib._ XXVII, 242-43.

[1070] Marshall to Story, Sept. 26, 1823, Story MSS. Ma.s.s. Hist. Soc.

[1071] Niles, XXVII, 242. The Senate of South Carolina resolved by a vote of six to one that the duty of the State to "guard against insubordination or insurrection among our colored population ... is paramount to all _laws_, all _treaties_, all _const.i.tutions_ ... and will never, by this state, be renounced, compromised, controlled or partic.i.p.ated with any power whatever."

Johnson's decision is viewed as "an unconst.i.tutional interference" with South Carolina's slave system, and the State "will, on this subject, ...

make common cause with ... other southern states similarly circ.u.mstanced in this respect." (Niles, XXVII, 264.) The House rejected the savage language of the Senate and adopted resolutions moderately worded, but expressing the same determination. (_Ib._ 292.)

[1072] For the facts in Osborn _vs._ The Bank of the United States, see _supra_, 328-329.

[1073] See, for instance, speech of John Carter of South Carolina.

(_Annals_, 18th Cong. 1st Sess. 2097; and upon this subject, generally, see _infra_, chap. X.)

[1074] Who appeared for Ohio on the first argument is not disclosed by the records.

[1075] 9 Wheaton, 795-96.

[1076] 9 Wheaton, 818-19.

[1077] _Ib._ 819-21.

[1078] 9 Wheaton, 823.

[1079] _Ib._ 823-24.

[1080] _Ib._ 824-25.

[1081] 9 Wheaton, 846-47.

[1082] _Ib._ 847.