Volume IV Part 4 (2/2)

[59] McMaster, III, 331-32.

[60] Morison: _Otis_, II, 3, 8.

[61] Hanson to Pickering, Jan. 17, 1810, N_.E. Federalism_: Adams, 382.

[62] Humphrey Marshall to Pickering, March 17, 1809, Pickering MSS.

Ma.s.s. Hist. Soc.

[63] See vol. III, chap. X, of this work.

[64] 5 Cranch, 133.

[65] _Ib._ 117.

[66] 5 Cranch, 135.

[67] 5 Cranch, 136, 141. (Italics the author's.)

[68] The Legislature of Pennsylvania adopted a resolution, April 3, 1809, proposing an amendment to the National Const.i.tution for the establishment of an ”impartial tribunal” to decide upon controversies between States and the Nation. (_State Doc.u.ments on Federal Relations_: Ames, 46-48.) In reply Virginia insisted that the Supreme Court, ”selected from those ... who are most celebrated for virtue and legal learning,” was the proper tribunal to decide such cases. (_Ib._ 49-50.) This Nationalist position Virginia reversed within a decade in protest against Marshall's Nationalist opinions. Virginia's Nationalist resolution of 1809 was read by Pinkney in his argument of Cohens _vs._ Virginia. (See _infra_, chap. VI.)

[69] See Madison to Snyder, April 13, 1809, _Annals_, 11th Cong. 2d Sess. 2269; also McMaster, V, 403-06.

[70] _Annals_, 10th Cong. 2d Sess. 1824-30.

[71] Erskine to Smith, April 18 and 19, 1809, _Am. State Papers, For.

Rel._ III, 296.

[72] Adams: _U.S._ V, 73-74; see also McMaster, III, 337.

[73] Adams: _U.S._ V, 87-89, 112.

[74] Proclamation of Aug. 9, 1809, _Am. State Papers, For. Rel._ III, 304.

[75] Tyler: _Letters and Times of the Tylers_, I, 229. For an expression by Napoleon on this subject, see Adams: _U.S._ V, 137.

[76] See vol. II, 28-29, of this work.

[77] ”The appointment of Jackson and the instructions given to him might well have justified a declaration of war against Great Britain the moment they were known.” (Channing: _Jeff. System_, 237.)

[78] Circular, Nov. 13, 1809, _Am. State Papers, For. Rel._ III, 323; _Annals_, 11th Cong. 2d Sess. 743.

[79] Canning to Pinkney, Sept. 23, 1808, _Am. State Papers, For. Rel._ III, 230-31.

[80] Story to White, Jan. 17, 1809, _Life and Letters of Joseph Story_: Story, I, 193-94. There were two letters from Canning to Pinkney, both dated Sept. 23, 1808. Story probably refers to one printed in the _Columbian Centinel_, Boston, Jan. 11, 1809.

”It seems as if in New England the federalists were forgetful of all the motives for union & were ready to destroy the fabric which has been raised by the wisdom of our fathers. Have they altogether lost the memory of Was.h.i.+ngton's farewell address?... The riotous proceedings in some towns ... no doubt ... are occasioned by the instigation of men, who keep behind the curtain & yet govern the wires of the puppet shew.”

(Story to his brother, Jan. 3, 1809, Story MSS. Ma.s.s. Hist. Soc.)

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