Volume IV Part 10 (1/2)

[158] Justice Duval's name is often, incorrectly, spelled with two ”l's.”

[159] ”No man had ever a stronger influence upon the minds of others.”

(_American Jurist_, XIV, 242.)

[160] Ingersoll: _Historical Sketch of the Second War between the United States and Great Britain_, 2d Series, I, 74.

[161] ”He was not, in any sense of the word, a learned man.” (George S.

Hillard in _North American Review_, XLII, 224.)

[162] See vol. I, 163, of this work; also _Southern Literary Messenger_, XVII, 154; and Terhune: _Colonial Homesteads_, 92.

[163] See vol. II, 139, of this work.

[164] Mordecai: _Richmond in By-Gone Days_, 64.

[165] Terhune, 91.

[166] _Ib._ 92; and see Howe: _Historical Collections of Virginia_, 266.

[167] _Green Bag_, VIII, 486.

[168] Personal experience related by Dr. William P. Palmer to Dr. J.

Franklin Jameson, and by him to the author.

[169] Meade: _Old Churches, Ministers and Families of Virginia_, II, 222.

[170] _Magazine of American History_, XII, 70; also _Green Bag_, VIII, 486.

[171] Anderson, 214.

[172] The stage schedule was much shorter, but the hours of travel very long. The stage left Petersburg at 3 A.M., arrived at Warrenton at 8 P.M., left Warrenton at 3 A.M., and arrived at Raleigh the same night.

(Data furnished by Professor Archibald Henderson.) The stage was seldom on time, however, and the hards.h.i.+ps of traveling in it very great.

Marshall used it only when in extreme haste, a state of mind into which he seldom would be driven by any emergency.

[173] Mordecai, 64-65. Bishop Meade says of Marshall on his trips to Fauquier County, ”Servant he had none.” (Meade, II, 222.)

[174] As related by M. D. Haywood, Librarian of the Supreme Court of North Carolina, to Professor Archibald Henderson and by him to the author; and see _Harper's Magazine_, LXX, 610; _World's Work_, I, 395.

[175] Judge James C. MacRae in _John Marshall--Life, Character and Judicial Services_: Dillon, II, 68.

[176] As late as April, 1811, the population of Raleigh was between six hundred and seven hundred. Nearly all the houses were of wood. By 1810 there were only four brick houses in the town.

[177] _Magazine of American History_, XII, 69.

[178] Account of eye-witness as related by Dr. Kemp P. Battle of Raleigh to Professor Henderson and by him to the author.

Another tavern was opened about 1806 by one John Marshall. He had been one of the first commissioners of Raleigh, serving until 1797. He was no relation whatever to the Chief Justice. As already stated (vol. I, footnote to 15, of this work) the name was a common one.