Volume IV Part 12 (1/2)

[249] Even Jefferson, in his bitterest attacks, never intimated anything against Marshall's integrity; and Spencer Roane, when a.s.sailing with great violence the opinion of the Chief Justice in M'Culloch _vs._ Maryland (see _infra_, chap, VI), paid a high tribute to the purity of his personal character.

[250] Ticknor to his father, Feb. 1, 1815, Ticknor: _Life, Letters, and Journals of George Ticknor_, I, 33.

[251] Description from personal observation, as quoted in Van Santvoord: _Lives and Judicial Services of the Chief Justices_, footnote to 363.

[252] Ticknor to his father, as cited in note 1, _supra_.

[253] _Memoirs of John Quincy Adams_: Adams, IX, 243.

[254] Wirt to Carr, Dec. 30, 1827, Kennedy, 240. For Story's estimate of Marshall's personality see Dillon, III, 363-66.

[255] ”He was solicitous to hear arguments, and not to decide causes without hearing them. And no judge ever profited more by them. No matter whether the subject was new or old; familiar to his thoughts or remote from them; buried under a ma.s.s of obsolete learning, or developed for the first time yesterday--whatever was its nature, he courted argument, nay, he demanded it.” (Story in Dillon, III, 377; and see vol. II, 177-80, of this work.)

[256] See Story's description of Harper, Duponceau, Rawle, Dallas, Ingersoll, Lee, and Martin (Story to Fay, Feb. 16, 1808, Story, I, 162-64); and of Pinkney (notes _supra_); also see Warren: _History of the American Bar_, 257-63. We must remember, too, that Webster, Hopkinson, Emmet, Wirt, Ogden, Clay, and others of equal ability and accomplishments, practiced before the Supreme Court when Marshall was Chief Justice.

[257] Story relates that a single case was argued for nine days. (Story to Fay, Feb. 16, 1808, Story, I, 162.)

In the Charlestown Bridge case, argued in 1831, the opening counsel on each side occupied three days. (Story to Ashmun, March 10, 1831, _ib._ II, 51.)

Four years later Story writes: ”We have now a case ... which has been under argument eight days, and will probably occupy five more.” (Story to Fay, March 2, 1835, _ib._ 193.)

In the lower courts the arguments were even longer. ”This is the fourteenth day since this argument was opened. Pinkney ... promised to speak only two hours and a half. He has now spoken two days, and is, at this moment, at it again for the third day.” (Wirt to his wife, April 7, 1821, Kennedy, II, 119.)

[258] Story, I, 96.

[259] Story, I, 2. Elisha Story is said to have been one of the ”Indians” who threw overboard the tea at Boston; and he fought at Lexington. When the Revolution got under way, he entered the American Army as a surgeon and served for about two years, when he resigned because of his disgust with the management of the medical department.

(_Ib._)

[260] Story to Duval, March 30, 1803, _ib._ 102.

[261] Story to Williams, June 6, 1805, _ib._ 105-06.

[262] Story, I, 128.

[263] At first, Story supported the Embargo.

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

[265] Otis to Harper, April 19, 1807, Morison: _Otis_, I, 283.

[266] Cabot to Pickering, Jan. 28, 1808, Lodge: _Cabot_, 377.

[267] Story to Fay, Feb. 16, 1808, Story, I, 162.

[268] Moss Kent to James Kent, Feb. 1, 1817, Kent MSS. Lib. Cong.

[269] Story, I, 140.

[270] Jefferson to Gallatin, Sept. 27, 1810, _Works_: Ford, XI, footnote to 152-54.