Volume III Part 34 (1/2)

[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 Const.i.tution as he interpreted it from the Bench years later in three of the most important of American judicial opinions--Fletcher _vs._ Peck, Sturgis _vs._ Crownins.h.i.+eld, 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 a.n.a.lysis 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 _Was.h.i.+ngton_. 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.