Volume II Part 23 (2/2)

[480] Christian, 28.

[481] _Richmond and Manchester Advertiser_, Sept. 24, 1795.

[482] _Proceedings_ of the M. W. Grand Lodge of Ancient York Masons of the State of Virginia, from 1778 to 1822, by John Dove, i, 144; see also 121, 139.

[483] See _infra_, chap. X.

[484] See vol. I, chap. V, of this work.

[485] Gilmer, 23-24.

[486] Gustavus Schmidt, in _Louisiana Law Journal_ (1841), 81-82.

[487] For a list of cases argued by Marshall and reported in Call and Was.h.i.+ngton, with t.i.tle of case, date, volume, and page, see Appendix I.

[488] A good ill.u.s.tration of a brilliant display of legal learning by a.s.sociate and opposing counsel, and Marshall's distaste for authorities when he could do without them, is the curious and interesting case of Coleman _vs._ d.i.c.k and Pat, decided in 1793, and reported in 1 Was.h.i.+ngton, 233. Wickham for appellant and Campbell for appellee cited ancient laws and treaties as far back as 1662. Marshall cited no authority whatever.

[489] See Stevens _vs._ Taliaferro, Adm'r, 1 Was.h.i.+ngton, 155, Spring Term, 1793.

[490] Johnson _vs._ Bourn, 1 Was.h.i.+ngton, 187, Spring Term, 1793.

[491] _Ib._

[492] Marshall to Archibald Stuart, March 27, 1794; MS., Va. Hist. Soc.

[493] _Ib._, May 28, 1794.

[494] Munford, 326-38.

[495] See vol. III of this work.

[496] Const.i.tution of the United States, article vi.

[497] _Ib._, article iii, section 2.

[498] The Fairfax deal; see _infra_, 203 _et seq._

[499] Henry, ii, 475.

[500] Howe, 221-22.

[501] 3 Dallas, 256-57, and footnote. In his opinion Justice Iredell decided for the debtors. When the Supreme Court of the United States, of which he was a member, reversed him in Philadelphia, the following year, Justice Iredell, pursuant to a practice then existing, and on the advice of his brother justices, placed his original opinion on record along with those of Justices Chase, Paterson, Wilson, and Cus.h.i.+ng, each of whom delivered separate opinions in favor of the British creditors.

[502] For Marshall's argument in the British Debts case before the Supreme Court, see 3 Dallas, 199-285.

[503] King to Pinckney, Oct. 17, 1797; King, ii, 234-35. King refers to the British Debts case, the only one in which Marshall had made an argument before the Supreme Court up to this time.

[504] See _infra_, chap. XI.

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