letter forty-four different titles are called for.

[679] Weems to Wayne, Jan. 28, 1804, and Aug. 25, 1806, Dreer MSS. _loc. cit._

[680] Same to same, Sept. 20, 1806, Wayne MSS. _loc. cit._ This letter is written from Augusta, Georgia. Among other books ordered in it, Weems names twelve copies each of "Sallust, Corderius, Eutropius, Nepos, Caesar's Commentaries, Virgil Delph., Horace Delphini, Cicero D^{o.}, Ovid D^{o.}"; and nine copies each of "Greek Grammar, D^{o.} Testament, Lucian, Xenophon."

[681] Marshall, III, 28-42.

[682] See vol. I, 93-98, 102, of this work.

[683] Marshall, III, chaps. III and IV.

[684] See vol. I, 98-101, of this work.

[685] Marshall, III, 43-48, 52.

[686] _Ib._ 319, 330, 341-50; and see vol. I, 110-32, of this work.

[687] Marshall, III, 345, 347-49.

[688] _Ib._ 50-53, 62.

[689] Marshall, III, 59. "No species of licentiousness was unpracticed. The plunder and destruction of property was among the least offensive of the injuries sustained." The result "could not fail to equal the most sanguine hopes of the friends of the revolution. A sense of personal wrongs produced a temper, which national considerations had been found too weak to excite.... The great body of the people flew to arms."

[690] _Ib._ 20, 22, 24, 27, 386. See also vol. I, 115-16, of this work, and authorities there cited.

[691] Marshall, III, 246-47.

[692] _Ib._ Notes, 4-6.

[693] _Ib._ chap. 8; and see vol. I, 134-38, of this work.

[694] Marshall, III, 366-85.

[695] _Ib._ 486-96.

[696] See vol. II, 405, of this work.

[697] Marshall, IV, 114-15.

[698] _Ib._ 188.

[699] _Ib._ 247-65; see vol. I, 143-44, of this work.

[700] Marshall, IV, 284-88.

[701] Marshall, IV, 530-31.

[702] See Jefferson's letter to Barlow, _supra_.

[703] See _supra_, chap. III, and _infra_, chap. VI; and see especially vol. IV, chap. I, of this work.

[704] Adams to Marshall, July 17, 1806, MS.

This letter is most important. Adams pictures his situation when President: "A first Magistrate of a great Republick with a General officer under him, a Commander in Chief of the Army, who had ten thousand times as much Influence Popularity and Power as himself, and that Commander in Chief so much under the influence of his Second in command [Hamilton], ... the most treacherous, malicious, insolent and revengeful enemy of the first Magistrate is a Picture which may be very delicate and dangerous to draw. But it must be drawn....

"There is one fact ... which it will be difficult for posterity to believe, and that is that the measures taken by Senators, Members of the House, some of the heads of departments, and some officers of the Army to force me to appoint General Washington ... proceeded not from any regard to him ... but merely from an intention to employ him as an engine to elevate Hamilton to the head of affairs civil as well as military."

[705] He was "accustomed to contemplate America as his country, and to consider ... the interests of the whole." (Marshall, V, 10.)

[706] _Ib._ 24-30.

[707] _Ib._ 31-32.

[708] _Ib._ 33-34.

[709] _Ib._ 45-47.

[710] Marshall, V, 65.

[711] _Ib._ 85-86.

[712] Marshall, V, 85-87.

[713] _Ib._ 88-89.

[714] Marshall, V, 105. Marshall's account of the causes and objects of Shays's Rebellion is given wholly from the ultra-conservative view of that important event. (_Ib._ 123.)

[715] _Ib._ 128-29.

[716] _Ib._ 132.

[717] _Ib._ 133-50.

[718] Marshall, V, 178-79. Thus Marshall, writing in 1806, states one of the central principles of the Constitution as he interpreted it from the Bench years later in three of the most important of American judicial opinions--Fletcher _vs._ Peck, Sturgis _vs._ Crowninshield, and the Dartmouth College case. (See _infra_, chap. X; also vol. IV, chaps. IV and V, of this work.)

[719] Marshall, V, 198-210.

[720] _Ib._ 210-13. At this point Marshall is conspicuously, almost ostentatiously impartial, as between Jefferson and Hamilton. His description of the great radical is in terms of praise, almost laudation; the same is true of his analysis of Hamilton's work and character. But he gives free play to his admiration of John Adams. (_Ib._ 219-20.)

[721] _Ib._ 230-32.

[722] Marshall, V, 241.

[723] _Ib._ 243-58.

[724] _Ib._ 271.

[725] "That system to which the American government afterwards inflexibly adhered, and to which much of the national prosperity is to be ascribed." (_Ib._ 408.)

[726] See vol. II, chaps. I to IV, of this work.

[727] Marshall, V, 685-709.

[728] _Ib._ 773.

[729] James Kent to Moss Kent, July 14, 1807, Kent MSS. Lib. Cong.

[730] Jefferson to Barlow, April 16, 1811, _Works_: Ford, XI, 205.

[731] Jefferson to Adams, June 15, 1813, _ib._ 296.

[732] Botta: _History of the War of the Independence of the United States of America_. This work, published in Italian in 1809, was not translated into English until 1820; but in 1812-13 a French edition was brought out, and that is probably the one Jefferson had read.

[733] Jefferson to Adams, Aug. 10, 1815, _Works_: Ford, XI, 485.

[734] Johnson: _Sketches of the Life and Correspondence of General Nathanael Greene_. This biography was even a greater failure than Marshall's _Washington_. During this period literary ventures by judges seem to have been doomed.

[735] Jefferson to Johnson, March 4, 1823, _Works_: Ford, XII, 277-78.

[736] _Works_: Ford, I, 165-67.

[737] _Ib._ 181-82.

[738] Plumer, March 11, 1808, "Diary," Plumer MSS. Lib. Cong.

[739] May, June, and August numbers, 1808, _Monthly Anthology and Boston Review_, V, 259, 322, 434. It appears from the minutes of the Anthology Society, publishers of this periodical, that they had a hard time in finding a person willing to review Marshall's five volumes. Three persons were asked to write the critique and declined. Finally, Mr. Thatcher reluctantly agreed to do the work.

[740] Flint, in London _Athenæum_ for 1835, 803.

[741] _North American Review_, XLVI, 483.

[742] _New York Evening Post_, as quoted in Allibone: _Dictionary of English Literature and British and American Authors_, II, 1227.

[743] _Edinburgh Review_, Oct. 1808, as quoted in Randall, II, footnote to 40.

[744] _Blackwood's Edinburgh Magazine_, XVII, 179.

[745] Marshall to Eliot, Sept. 20, 1809, MSS. of the Mass. Hist. Soc.

[746] Marshall to Murphey, Oct. 6, 1827, _Papers of Archibald D. Murphey_: Hoyt, I, 365-66.

[747] Washington to Wayne, Nov. 26, 1816, Dreer MSS. _loc. cit._

[748] Marshall to Washington, Dec. 27, 1821, MS.

[749] So popular did this second edition become that, three years after Marshall's death, a little volume, _The Life of Washington_, was published for school-children. The publisher, James Crissy of Philadelphia, states that this small volume is "printed from the author's own manuscript," thus intimating that Marshall had prepared it. (See Marshall, school ed.)

[750] Talbot _vs._ Seeman, United States _vs._ Schooner Peggy, Marbury _vs._ Madison, and Little _vs._ Barreme.

[751] The first three in above note.