The Life of John Marshall Volume IV Part 58

[1305] _Ib._ 334.

[1306] _Ib._ 335.

[1307] _Ib._ 337.

[1308] _Ib._ 356.

[1309] _Ib._ 357.

[1310] Story and Duval concurred with Marshall.

[1311] 12 Wheaton, 65-90.

[1312] Webster to Biddle, Feb. 20, 1827, _Writings and Speeches of Webster_: (Nat. ed.) XVI, 140.

[1313] 12 Wheaton, 90-116.

[1314] Grigsby: _Virginia Convention of 1829-30_; and see Ambler: _Sectionalism in Virginia_, 145. Chapter V of Professor Ambler's book is devoted exclusively to the convention. Also see preface to _Debates Va.

Conv._ iii; and see Dodd, in _American Journal of Sociology_, XXVI, no.

6, 735 _et seq._; and Anderson, 229-36.

[1315] _Debates, Va. Conv._ 23.

[1316] _Ib._ 25.

[1317] _Ib._ 25-31.

[1318] Statement of Marshall. (_Ib._ 872.)

[1319] _Debates, Va. Conv._ 33.

[1320] See _supra_, 146, 147.

[1321] See Giles's speech, _Debates, Va. Conv._ 604-05.

[1322] See Ambler: _Sectionalism in Virginia_, 139.

[1323] See vol. II, 62-69, of this work.

[1324] Serious abuses sprang up, however. In the convention, William Naylor of Hamps.h.i.+re County charged that the office of sheriff was sold to the highest bidder, sometimes at public auction. (_Debates, Va.

Conv._ 486; and see Anderson, 229.)

[1325] See Marshall's defense of the County Court system, _infra_, 491.

[1326] See vol. I, 302, of this work.

[1327] For example, Thomas R. Joynes of Accomack County, who earnestly opposed Marshall in the Judiciary debate, said that no man felt "more respect" than he for Marshall's opinions which are justly esteemed "not only in this Convention, but throughout the United States." (_Debates, Va. Conv._ 505.) Randolph spoke of "the very great weight" which Marshall had in the convention, in Virginia, and throughout the Nation.

(_Ib._ 500.) Thomas M. Bayly of Accomack County, while utterly disagreeing with the Chief Justice on the County Court system, declared that Marshall, "as a lawyer and Judge, is without a rival." (_Ib._ 510.) Richard H. Henderson of Loudoun County called the Chief Justice his "political father" whose lessons he delighted to follow, and upon whose "wisdom, ... virtue, ... prudence" he implicitly relied. (Henderson's statement as repeated by Benjamin W. Leigh, _ib._ 544.) Charles F.

Mercer of the same county "expressed toward Judge Marshall a filial respect and veneration not surpa.s.sed by the ties which had bound him to a natural parent." (_Ib._ 563.) Such are examples of the expressions toward Marshall throughout the prolonged sessions of the convention.

[1328] See vol. III, chap, II, of this work.

[1329] _Debates, Va. Conv._ 871-72.

[1330] _Ib._ 872-74.

[1331] _Debates, Va. Conv._ 873.

[1332] See _infra_, 493-501.

[1333] Accordingly the following provision was inserted into the Const.i.tution: "No law abolis.h.i.+ng any court shall be construed to deprive a Judge thereof of his office, unless two-thirds of the members of each House present concur in the pa.s.sing thereof; but the Legislature may a.s.sign other Judicial duties to the Judges of courts abolished by any law enacted by less than two-thirds of the members of each House present." (Article V, Section 2, Const.i.tution of Virginia, 1830.)

[1334] _Debates, Va. Conv._ 505.

[1335] _Debates, Va. Conv._ 509.

[1336] _Ib._ 524, 530, 531, 533, 534.

[1337] _Ib._ 604-05.

[1338] _Ib._ 605. The provision as it finally appeared in the const.i.tution was that these "appointments shall be made by the Governor, on the recommendation of the respective County Courts." (Article V, Section 7, Const.i.tution of Virginia, 1830.)

[1339] _Debates, Va. Conv._ 615-17.

[1340] See vol. III, chap. II, of this work.

[1341] _Debates, Va. Conv._ 619.

[1342] _Ib._ 618-19.

[1343] _Ib._ 726.

[1344] See vol. III, chap. II, of this work.

[1345] _Debates, Va. Conv._ 731.

[1346] _Debates, Va. Conv._ 726-27.

[1347] _Debates, Va. Conv._ 727-29.

[1348] _Debates, Va. Conv._ 729-30.

[1349] See especially the speech of Benjamin Watkins Leigh, _ib._ 733-37.

[1350] See _ib._ for ayes and noes, 740, 741, 742, 744, 748.

[1351] _Ib._ 764.