The Life of John Marshall Volume IV Part 38

[873] _Enquirer_, June 15, 1819, as quoted in _ib._ 85; also _Enquirer_, June 18, 1819, as quoted in _ib._ 95.

[874] _Enquirer_, June 15, 1819, as quoted in _ib._ 91.

[875] _Ib._ 87; also _Enquirer_, June 18, 1819, as quoted in _ib._ 96-97.

[876] _Ib._ 98.

[877] _Enquirer_, June 22, 1819, as quoted in _Branch Hist. Papers_, June, 1905, 116.

[878] _Ib._ 118.

[879] _Ib._ 121. Madison endorsed Roane's attacks on Marshall. (See Madison to Roane, Sept. 2, 1819, _Writings of James Madison_: Hunt, VIII, 447-53.)

[880] See Roane to his son, Jan. 4, 1819, _Branch Hist. Papers_, June, 1905, 134; and same to same, Feb. 4, 1819, _ib._ 135.

Eighteen days before Marshall delivered his opinion Roane again writes his son: "I have to-day deposited in the vaults of the Virga. bank a certificate in your name for 50 shares U. S. bank stock, as per memo., by Mr. Dandridge Enclosed. The shares cost, as you will see, $98 each."

(Roane to his son, Feb. 16, 1810, _ib._ 136.)

[881] Roane to his son, note 4, p. 317.

[882] The entire transaction is set out in letters of Benjamin Watkins Leigh to Nicholas Biddle, Aug. 21, Aug. 28, Sept. 4, and Sept. 13, 1837; and Biddle to Leigh, Aug. 24 and 25, Sept. 7 and Sept. 15, 1837. (Biddle MSS. in possession of Professor R. C. McGrane of the University of Ohio, to whose courtesy the author is indebted for the use of this material.

These letters appear in full in the _Correspondence of Nicholas Biddle_: McGrane, 283-89, 291-92, published in September, 1919, by Houghton Mifflin Company, Boston.)

[883] Marshall to Bushrod Was.h.i.+ngton, June 28, 1819. This letter is unsigned, but is in Marshall's unmistakable handwriting and is endorsed by Bushrod Was.h.i.+ngton, "C. Just. Marshall." (Marshall MSS. Lib. Cong.)

[884] UNION, April 24, 1819.

[885] _Union_, April 24, 1819.

[886] Marshall means that Jefferson inspired Roane's attacks.

[887] Marshall had written five essays, but the editor condensed them into two numbers.

[888] Marshall to Story, May 27, 1819, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 325.

[889] Henry Wheaton, Reporter of the Supreme Court.

[890] Marshall to Story, July 13, 1819, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 326.

[891] _Enquirer_, Jan. 30, 1821.

[892] _Ib._ Feb. 1, 1821.

[893] _Journal_, House of Delegates, Virginia, 1819-20, 56-59.

[894] _Ib._ 9.

[895] _Ib._ 57.

[896] This resolution declared that Virginia a.s.sented to the Const.i.tution only on condition that "Every power _not granted_, remains with the people, and at their will; that _therefore no right of any denomination can be cancelled, abridged, restrained, or modified_, by the congress, by the senate, or house of representatives acting in any capacity; by the President or any department, or officer of the United States, except in those instances in which power is given by the const.i.tution for those purposes." (_Journal_, House of Delegates, Virginia, 1819-20, 58.)

[897] _Journal_, House of Delegates, Virginia, 1819-20, 59.

[898] _Ib._ 76.

[899] _Journal_, House of Delegates, Virginia, 1819-20, 85.

[900] _Ib._ 105.

[901] _Ib._ 108-09.

[902] _Ib._ 179.

[903] _Ib._ 175-78.

[904] For Marshall's opinion in this controversy see _infra_, 347 _et seq._

[905] The second branch was established at Chillicothe.

[906] Chap. 83, _Laws of Ohio, 1818-19_, 1st Sess. 190-99.

Section 5 of this act will give the student the spirit of this autocratic law. This section made it the "duty" of the State agent collecting the tax, after demand on and refusal of the bank officers to pay the tax, if he cannot readily find in the bank offices the necessary amount of money, "to go into each and any other room or vault ... and to every closet, chest, box or drawer in such banking house, to open and search," and to levy on everything found. (_Ib._ 193.)

[907] A private letter to Niles says that when it was found that an injunction had been granted, the friends of the bank rejoiced, "wine was drank freely and mirth abounded." (Niles, XVII, 85.) This explains the otherwise incredible negligence of the bank's attorneys in the proceedings next day.

[908] Niles, XVII, 85-87, reprinting account as published in the _Chillicothe Supporter_, Sept. 22, 1819, and the _Ohio Monitor_, Sept.

25, 1819.

[909] Niles, XVII, 147.

[910] _Ib._ 338.

[911] Report of Committee made to the Ohio Legislature and transmitted to Congress. (_Annals_, 16th Cong. 2d Sess. 1685 _et seq._)

[912] _Annals_, 16th Cong. 2d Sess. 1691.

[913] _Annals_, 16th Cong. 2d Sess. 1696-97.

[914] See vol. II, 72-74, of this work.

[915] _Annals_, 16th Cong. 2d Sess. 1712.

[916] _Ib._ 1713.

[917] _Ib._ 1714.

[918] See _infra_, chap. VII of this work.