The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815

Dodd, William Edward. Life of Nathaniel Macon. Raleigh. 1903. (Dodd.)

Donnan, Elizabeth, editor. See Bayard Papers.

Dougherty, John Hampden. Power of Federal Judiciary over Legislation. New York. 1912.

Dwight, Nathaniel. Signers of the Declaration of Independence. New York. 1895. (Dwight.)

Eaton, William. Life, principally collected from his correspondence and other manuscripts. Edited by Charles Prentiss. Brookfield. 1813. (Eaton: Prentiss.)

Elliot, Jonathan. Debates in the several State Conventions, on the Adoption of the Federal Constitution, as recommended by the General Convention at Philadelphia in 1787. 5 vols. Washington. 1836-45.

Evans, Charles, reporter. See Chase, Samuel. Trial.

Farrand, Max, editor. See Records of the Federal Convention.

Federalist, The. Commentary on the Constitution of the United States from original text of Alexander Hamilton, John Jay, and James Madison. Edited by Henry Cabot Lodge. New York. 1895.

First Forty Years of Washington Society. See Hunt, Gaillard.

Ford, Paul Leicester, editor. See Jefferson, Thomas. Works.

Ford, Worthington Chauncey, editor. See Adams, John Quincy. Writings.

Gallatin, Albert. See Adams, Henry.

Garland, Hugh Alfred. Life of John Randolph of Roanoke. 2 vols. New York. 1851.

Gibbs, George, editor. Memoirs of the Administrations of Washington and John Adams. See Wolcott, Oliver.

Giles, William Branch. See Anderson, Dice Robins.

Girard, Stephen. See McMaster, John Bach.

Great American Lawyers. See Lewis, William Draper.

Green Bag: An Entertaining Magazine for Lawyers. Edited by Horace Williams Fuller. Vol. ii, 1890. Boston.

Greene, Nathanael. See Johnson, William.

Grigsby, Hugh Blair. History of the Virginia Federal Convention of 1788, with a Biographical Sketch of the Author and Illustrative Notes. Edited by Robert Alonzo Brock. 2 vols. [Collections of the Virginia Historical Society, new series, vols. ix and x.] Richmond. 1890-91.

– Virginia Convention of 1829-30. Richmond. 1854.

Gulf States Historical Magazine. Vol. ii, 1903. Montgomery [Ala.].

Hamilton, Alexander. See Lodge, Henry Cabot.

Hammond, Jabez Delano. History of Political Parties in the State of New York from the Ratification of the Federal Constitution to December, 1840. Albany. 1842.

Harden, Edward Jenkins. Life of George Michael Troup. Savannah. 1859.

Harper, Robert Goodloe. Case of the Georgia Sales on the Mississippi considered with a Reference to Law Authorities and Public Acts, and an Appendix containing certain Extracts, Records, and Official Papers. Philadelphia. 1797. (Harper.)

Harris, Joel Chandler. Georgia from the Invasion of De Soto to recent Times. New York. 1896. (Harris.)

Harris, Thomas, and Johnson, Reverdy. Reports of Cases argued and determined in the General Court and Court of Appeals of the State of Maryland from 1800 to 1805 inclusive. Vol. i. Annapolis. 1821. (Harris and Johnson.)

Haskins, Charles Homer. Yazoo Land Companies. [Reprinted from the papers of the American Historical Association for October, 1891.] New York. 1891. (Haskins.)

Haywood, John. Reports of Cases adjudged in the Superior Courts of Law and Equity of the State of North Carolina from the year 1789 to the year 1798. Halifax. 1799.

Henry, William Wirt. Patrick Henry. Life, Correspondence and Speeches. 3 vols. New York. 1891.

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

Historical and Philosophical Society of Ohio. Quarterly Publication. Vol. ix, Nos. 1 and 2; January and April, 1914. Cincinnati. (Quarterly Pub. Hist. and Phil. Soc. Ohio.)

Howard, Benjamin Chew. Reports of Cases argued and adjudged in the Supreme Court of the United States, December term, 1856. Vol. xix. Washington. 1857. (Howard.)

Hoyt, William Henry, editor. See Murphey, Archibald Debow.

Hudson, Frederic. Journalism in the United States from 1690 to 1872. New York. 1873. (Hudson.)

Hughes, Robert William. Reports of Cases decided in the Courts of the Fourth Judicial Circuit sitting in Admiralty. Vol. v, edited by Robert Morton Hughes. New York. 1883.

Hunt, Gaillard, editor. First Forty Years of Washington Society, portrayed by the Family Letters of Mrs. Samuel Harrison Smith. New York. 1906. (Hunt.)

Indiana Territory. Laws of the Indiana Territory, 1801-06 inclusive. Paoli [Indiana]. 1886.

Iredell, James. Life and Correspondence. Edited by Griffith John McRee. 2 vols. New York. 1857-58. (Iredell: McRee.)

Irving, Pierre Munroe. Life and Letters of Washington Irving. 4 vols. New York. 1869. (Irving.)

Jackson, Andrew. See Bassett, John Spencer; Parton, James.

Jay, John. Correspondence and Public Papers. Edited by Henry Phelps Johnston. 4 vols. New York. 1890-93. [Letter-press edition.] (Jay: Johnston.)

Jefferson, Thomas. Memoir, Correspondence, and Miscellanies. Edited by Thomas Jefferson Randolph. Charlottesville. 1829. (Jefferson: Randolph.)

– Works. Edited by Paul Leicester Ford. 12 vols. New York. 1904-05. [Federal edition.] (Works: Ford.)

– Writings. Edited by Henry Augustine Washington. Washington. 1853-54. (Jefferson: Washington.)

See Parton, James; Randall, Henry Stephens.

Jenkinson, Isaac. Aaron Burr. His Personal and Political Relations with Thomas Jefferson and Alexander Hamilton. Richmond [Indiana]. 1902. (Jenkinson.)

Johnson, Allen. Union and Democracy. Boston. 1915.

Johnson, William. Sketches of the Life and Correspondence of Nathanael Greene. 2 vols. Charleston. 1822.

Johnston, Henry Phelps, editor. See Jay, John.

Jones, Charles Colcock, and Dutcher, Salem. Memorial History of Augusta, Georgia. Syracuse. 1890.

Kennedy, John Pendleton. Memoirs of the Life of William Wirt. 2 vols. Philadelphia. 1849. (Kennedy.)

King, Rufus. Life and Correspondence, comprising his Letters, Private and Official, his Public Documents and his Speeches. Edited by Charles Ray King. 6 vols. New York. 1894-1900. [Letterpress edition.] (King.)

Knight, Lucian Lamar. Georgia's Landmarks, Memorials and Legends. 2 vols. Atlanta. 1913-14.

La Rochefoucauld-Liancourt, François Alexandre Frédéric, Duc de. Travels through the United States of North America. 4 vols. London. 1800. (La Rochefoucauld-Liancourt.)

Lewis, William Draper, editor. Great American Lawyers: A History of the Legal Profession in America. 8 vols. Philadelphia. 1907-09. (Great American Lawyers: Lewis.)

Literary Magazine and American Register. Vol. ii, April to December, inclusive, 1804. Philadelphia.

Lodge, Henry Cabot. Alexander Hamilton. Boston. 1882. [American Statesmen series.]

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

Lodge, Henry Cabot, editor. See Federalist.

McCaleb, Walter Flavius. Aaron Burr Conspiracy. New York. 1903. (McCaleb.)

McHenry, James. See Steiner, Bernard Christian.

McLaughlin, Andrew Cunningham. Courts, the Constitution and Parties. Studies in Constitutional History and Politics. Chicago. 1912. (McLaughlin.)

Maclay, Samuel. Journal. Annotated by John Franklin Meginness. Williamsport. 1887. (Maclay's Journal.)

McMaster, John Bach. History of the People of the United States from the Revolution to the Civil War. 8 vols. New York. 1883-1914. (McMaster: U.S.)

– Life and Times of Stephen Girard, Merchant and Mariner. 2 vols. Philadelphia and London. 1918.

Macon, Nathaniel. See Dodd, William Edward.

McRee, Griffith John, editor. See Iredell, James.

Manuscripts:

Breckenridge, John. Library of Congress.

Dreer, Ferdinand Julius. Pennsylvania Historical Society.

Etting, Frank Marx. Pennsylvania Historical Society.

Hopkinson, Joseph. Possession of Edward P. Hopkinson, Philadelphia.

Jefferson, Thomas. Library of Congress.

Kent, James. Library of Congress.

Letters in Relation to the Burr Conspiracy. Library of Congress. (Letters in Relation.)

Letters of the Corresponding Secretary. (Marshall to John Eliot.) Massachusetts Historical Society.

Miscellaneous. New York Public Library.

Peters, Richard. Pennsylvania Historical Society.

Pickering, Timothy. Massachusetts Historical Society.

Plumer, William. Library of Congress. [The Plumer Papers are listed in several divisions, as "Congress," "Diary," "Journal," "Letters," "Register," and "Repository."]

Records of the United States Circuit Court, Boston, Mass.

Records of the United States Circuit Court, Richmond, Va.

Wilkinson, James. Chicago Historical Society.

Marshall Family. See Paxton, William McClung.

Marshall, John. Life of George Washington. [1st edition.] 5 vols. Philadelphia. 1805-07. (Marshall, 1st ed.)

– Same. [2d edition.] 2 vols. Philadelphia. 1840. (Marshall, 2d ed.)

– Same. [School edition.] Philadelphia. 1838. (Marshall, school ed.)

And see Beveridge, Albert Jeremiah; Dillon, John Forrest; Paxton, William McClung.

Martin, François Xavier. Notes of a few decisions in the Superior Courts of the State of North-Carolina, and in the Circuit Court of the U[nited] States, for North-Carolina District. Newbern. 1797. (Martin.)

Martineau, Harriet. Retrospect of Western Travel. 2 vols. London and New York. 1838.

Maryland Historical Society. Fund-Publications. No. 24, 1887. Baltimore. (Md. Hist. Soc. Fund-Pub.)

Massachusetts Historical Society. Proceedings. Boston. (Mass. Hist. Soc. Proc.)

Massachusetts. Senate Journal, 1798-99. Vol. xix. Manuscript volume, Massachusetts State Library.

Meginness, John Franklin, annotator. See Maclay, Samuel. Journal.

Messages and Papers of the Presidents, 1789-1897. See Richardson, James Daniel.

Monthly Anthology and Boston Review. Vol. v. 1808. Boston.

Moore, Thomas. Poetical Works, collected by himself, with a Memoir. 6 vols. Boston. 1856.

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: Smith.)

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. New York. 1888. (Morris.)

Murphey, Archibald Debow. Papers. Edited by William Henry Hoyt. [Publications of the North Carolina Historical Commission.] 2 vols. Raleigh. 1914.

New England Mississippi Land Company. Memorial of the Agents to Congress, with a Vindication of their Title at Law annexed. Washington. 1804.

Newspapers:

New York Review. Vols. ii and iii. 1838. New York.

New York State Library Bulletin. Vol. iv, 1900. New York.

North American Review. Vol. 46, 1838; Boston. Vol. 185, 1907; New York.

North Carolina Booklet. Vol. xvii, 1917. Raleigh.

Old Family Letters. Copied from the Originals for Alexander Biddle. Series A. Philadelphia. 1892.

Otis, Harrison Gray. See Morison, Samuel Eliot.

Parton, James. Life and Times of Aaron Burr. New York. 1858. (Parton: Burr.)

– Life of Andrew Jackson. 3 vols. New York. 1861. (Parton: Jackson.)

– Life of Thomas Jefferson. Boston. 1874.

Paxton, William McClung. Marshall Family. Cincinnati. 1885. (Paxton.)

Pennsylvania Bar Association. Report of the Twenty-first Annual Meeting, 1915. Philadelphia.

Peters, Richard, Jr. Reports of Cases argued and adjudged in the Supreme Court of the United States, January term, 1828. Vol. i. Philadelphia. 1828. (Peters.)

Pickering, Timothy. Review of the Correspondence between the Hon. John Adams and the late William Cunningham, Esq., beginning in 1803 and ending in 1812. Salem. 1824.

Pickett, Albert James. History of Alabama, and incidentally of Georgia and Mississippi, from the earliest period. 2 vols. Charleston. 1851. (Pickett.)

Plumer, William. Life. Begun by William Plumer, Jr., completed and edited, with a sketch of the author's life, by Andrew Preston Peabody. Boston. 1857. (Plumer.)

Prentiss, Charles, editor. See Eaton, William. Life.

Priest, William. Travels in the United States of America, 1793-97. London. 1802.

Quincy, Edmund. Life of Josiah Quincy of Massachusetts. Boston. 1867. (Quincy.)

Ramsey, James Gattys McGregor. Annals of Tennessee to the End of the Eighteenth Century. Charleston. 1853.

Randall, Henry Stephens. Life of Thomas Jefferson. 3 vols. New York. 1858. (Randall.)

Randolph, John. Adams, Henry; Garland, Hugh Alfred.

Randolph, Thomas Jefferson, editor. See Jefferson, Thomas.

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

Richardson, James Daniel, compiler. A Compilation of Messages and Papers of the Presidents, 1789-1897. 10 vols. Washington. 1896-99. (Richardson.)

Ritchie, Thomas. See Ambler, Charles Henry.

Robertson, David, reporter. See Burr, Aaron. Trials.

Safford, William Harrison, editor. See Blennerhassett Papers.

Scott, Lieut. – General [Winfield]. Memoirs. Written by Himself. 2 vols. New York. 1864.

Semple, Robert Baylor. History of the Rise and Progress of the Baptists in Virginia. Richmond. 1810.

Shelton, William Henry. Jumel Mansion, being a Full History of the House on Harlem Heights built by Roger Morris before the Revolution, together with some Account of its more Notable Occupants. Boston. 1916.

Singleton, Esther. Story of the White House. 2 vols. New York. 1907.

Smith, George Gillman. Story of Georgia and the Georgia People, 1732 to 1800. Macon. 1900. (Smith.)

Smith, Jeremiah. See Morison, John Hopkins.

Smith, Mrs. Samuel Harrison. See Hunt, Gaillard.

Smith, William Steuben, and Ogden, Samuel Gouverneur. Trials for Misdemeanors. Reported by Thomas Lloyd, stenographer. New York. 1807. (Trials of Smith and Ogden.)

South Carolina Historical and Genealogical Magazine. Vol. vii, 1906. Charleston.

Southwestern Historical Quarterly. Vol. xvii, 1909. Austin. (Southwestern Hist. Quarterly.)

Sparks, Jared, editor. See Washington, George.

State of Facts, showing the Right of Certain Companies to the Lands lately purchased by them from the State of Georgia. United States. 1795.

State Trials. Complete Collection of State Trials and Proceedings for High-Treason, and other Crimes and Misdemeanors; from the Reign of King Richard II. to the End of the Reign of King George I. [1377-1727.] 6 vols. London. 1730. (State Trials Richard II. to George I.)

Statutes at Large. See United States Statutes.

Steiner, Bernard Christian. Life and Correspondence of James McHenry. Cleveland. 1907.

Stevens, Thaddeus. See Woodburn, James Albert.

Stevens, William Bacon. History of Georgia from its First Discovery by Europeans to the Adoption of the Present Constitution in 1798. 2 vols. Vol. i, New York, 1847. Vol. ii, Philadelphia, 1859. (Stevens.)

Story, Joseph. Life and Letters. Edited by William Wetmore Story. 2 vols. Boston. 1851. (Story.)

Supreme Court. See United States Supreme Court.

Thayer, James Bradley. Cases on Constitutional Law. 4 vols. Cambridge. 1894-95.

– John Marshall. Boston. 1904. [Riverside Biographical Series.]

Troup, George Michael. See Harden, Edward Jenkins.

Tucker, George. Life of Thomas Jefferson. 2 vols. Philadelphia. 1837. (Tucker.)

Tyler, Lyon Gardiner. Letters and Times of the Tylers. 3 vols. Richmond. 1884-96. (Tyler.)

United States Congress. Debates and Proceedings, First Congress, First Session, March 3, 1789, to Eighteenth Congress, First Session, May 27, 1824. [Known as the Annals of Congress.] 42 vols. Washington. 1834-56. (Annals.)

– Documents, Legislative and Executive. See American State Papers.

– History of the Last Session of Congress, which commenced on the seventh of December, 1801. [Taken from the National Intelligencer.] Washington. 1802. (Hist. Last Sess. Cong, which commenced 7th Dec. 1801.)

United States Senate. Document No. 610. 63d Congress, 2d Session. Washington. 1914.

– Journal of the Executive Proceedings of the Senate of the United States of America, from the Commencement of the First to the Termination of the Nineteenth Congress. 3 vols. Washington. 1828. (Journal Exec. Proc. Senate.)

United States Statutes at Large. Vols. i, ii, iii. Boston. 1850. (U.S. Statutes at Large.)

United States Supreme Court. Cases adjudged in the Supreme Court at October term, 1883. Reported by John Chandler Bancroft Davis. Vol. iii. New York and Albany. 1884.

See also Cranch, William; Dallas, Alexander James; Howard, Benjamin Chew; Peters, Richard, Jr.; Wallace, John William.

1

Gallatin to his wife, Jan. 15, 1801, Adams: Life of Albert Gallatin, 252; also Bryan: History of the National Capital, i, 357-58.

2

First Forty Years of Washington Society: Hunt, 11.

3

Ib.; and see Wolcott to his wife, July 4, 1800, Gibbs: Administrations of Washington and John Adams, ii, 377.

4

Plumer to Thompson, Jan. 1, 1803, Plumer MSS. Lib. Cong.

5

Gallatin to his wife, Jan. 15, 1801, Adams: Gallatin, 252-53.

6

Hunt, 10.

7

Gallatin to his wife, supra.

8

Bryan, i, 357-58.

9

A few of these are still standing and occupied.

10

Gallatin to his wife, supra; also Wharton: Social Life in the Early Republic, 58-59.

11

Gallatin to his wife, Aug. 17, 1802, Adams: Gallatin, 304.

12

Wolcott to his wife, July 4, 1800, Gibbs, ii, 377.

13

Otis to his wife, Feb. 28, 1815, Morison: Life and Letters of Harrison Gray Otis, ii, 170-71. This letter is accurately descriptive of travel from the National Capital to Baltimore as late as 1815 and many years afterward.

"The Bladensburg run, before we came to the bridge, was happily in no one place above the Horses bellies. – As we passed thro', the driver pointed out to us the spot, right under our wheels, where all the stage horses last year were drowned, but then he consoled us by shewing the tree, on which all the Passengers but one, were saved. Whether that one was gouty or not, I did not enquire…

"We … arriv'd safe at our first stage, Ross's, having gone at a rate rather exceeding two miles & an half per hour… In case of a break Down or other accident, … I should be sorry to stick and freeze in over night (as I have seen happen to twenty waggons) for without an extraordinary thaw I could not be dug out in any reasonable dinner-time the next day."

Of course conditions were much worse in all parts of the country, except the longest and most thickly settled sections.

14

Parton: Life of Thomas Jefferson, 622.

15

Plumer to his wife, Jan. 25, 1807, Plumer MSS. Lib. Cong.

16

Memoirs of John Quincy Adams: Adams, iv, 74; and see Quincy: Life of Josiah Quincy, 186.

Bayard wrote to Rodney: "four months [in Washington] almost killed me." (Bayard to Rodney, Feb. 24, 1804, N. Y. Library Bulletin, iv, 230.)

17

Margaret Smith to Susan Smith, Dec. 26, 1802, Hunt, 33; also Mrs. Smith to her husband, July 8, 1803, ib. 41; and Gallatin to his wife, Aug. 17, 1802, Adams: Gallatin, 304-05.

18

King to Gore, Aug. 20, 1803, Life and Correspondence of Rufus King: King, iv, 294; and see Adams: History of the United States, iv, 31.

19

Gallatin to his wife, Jan. 15, 1801, Adams: Gallatin, 253.

20

Wharton: Social Life, 60.

21

See infra, chap. iv.

22

Plumer to Lowndes, Dec. 30, 1805, Plumer: Life of William Plumer, 244.

"The wilderness, alias the federal city." (Plumer to Tracy, May 2, 1805, Plumer MSS. Lib. Cong.)

23

Story to Fay, Feb. 16, 1808, Life and Letters of Joseph Story: Story, i, 161.

24

This was a little Presbyterian church building, which was abandoned after 1800. (Bryan, i, 232; and see Hunt, 13-14.)

25

Memoirs of Lieut. – General Scott, 9-10. Among the masses of the people, however, a profound religious movement was beginning. (See Semple: History of the Rise and Progress of the Baptists in Virginia; and Cleveland: Great Revival in the West.)

A year or two later, religious services were held every Sunday afternoon in the hall of the House of Representatives, which always was crowded on these occasions. The throng did not come to worship, it appears; seemingly, the legislative hall was considered to be a convenient meeting-place for gossip, flirtation, and social gayety. The plan was soon abandoned and the hall left entirely to profane usages. (Bryan, i, 606-07.)

26

Gallatin to his wife, Jan. 15, 1801, Adams: Gallatin, 253.

27

Wharton: Social Life, 72.

28

Hunt, 12.

29

See Merry to Hammond, Dec. 7, 1803, as quoted in Adams: U.S. ii, 362.

Public men seldom brought their wives to Washington because of the absence of decent accommodations. (Mrs. Smith to Mrs. Kirkpatrick, Dec. 6, 1805, Hunt, 48.)

"I do not perceive how the members of Congress can possibly secure lodgings, unless they will consent to live like scholars in a college or monks in a monastery, crowded ten or twenty in a house; and utterly excluded from society." (Wolcott to his wife, July 4, 1800, Gibbs, ii, 377.)

30

Plumer to Thompson, March 19,1804, Plumer MSS. Lib. Cong. And see Annals, 8th Cong. 1st Sess. 282-88. The debate is instructive. The bill was lost by 9 yeas to 19 nays.

31

Hildreth: History of the United States, v, 516-17.

32

Plumer to Lowndes, Dec. 30, 1805, Plumer, 337.

33

Channing: History of the United States, iv, 245.

34

Bryan, i, 438.

35

Wolcott to his wife, July 4, 1800, Gibbs, ii, 377.

"The workmen are the refuse of that class and, nevertheless very high in their demands." (La Rochefoucauld-Liancourt: Travels Through the United States of North America, iii, 650.)

36

"To Thomas Hume, Esq., M.D.," Moore: Poetical Works, ii, 83.

37

See Jefferson to Short, Sept. 6, 1790, Works of Thomas Jefferson: Ford, vi, 146; same to Mrs. Adams, July 7, 1785, ib. iv, 432-33; same to Peters, June 30,1791, ib. vi, 276; same to Short, April 24, 1792, ib. 483; same to Monroe, May 26, 1795, ib. viii, 179; same to Jay, Oct. 8, 1787, Memoir, Correspondence, and Miscellanies, from the Papers of Thomas Jefferson: Randolph, ii, 249; also see Chastellux: Travels in North America in the Years 1780-81-82, 299.