Volume IV Part 15 (2/2)

Not yet, however, was the astute Virginia Republican triumvirate ready to unloose the lightnings of Virginia's wrath. That must be done only when the whole South should reach a proper degree of emotion. This time was not long to be delayed. Within three years Marshall's opinion in M'Culloch _vs._ Maryland was to give Roane, Ritchie, and Taylor their cue to come upon the stage as the spokesmen of Virginia and the entire South, as the champions, indeed, of Localism everywhere throughout America. Important were the parts they played in the drama of Marshall's judicial career.

FOOTNOTES:

[300] See vol. III, chap. III, of this work.

[301] This is a fair inference from the statement of Joseph Story in his autobiography: ”I have ever considered the embargo a measure, which went to the utmost limit of constructive power under the Const.i.tution. It stands upon the extreme verge of the Const.i.tution, being in its very form and terms an unlimited prohibition, or suspension of foreign commerce.” (Story, I, 185-86.) When it is remembered that after Story was made a.s.sociate Justice his views became identical with those of Marshall on almost every subject, it would seem likely that Story expressed the opinions of the Chief Justice as well as his own on the const.i.tutionality of the Embargo.

[302] See, for instance, the case of William Dixon _et al._ _vs._ The United States, 1 Brockenbrough, 177; United States _vs._ ----, _ib._ 195; the case of the Fortuna, _ib._ 299; the case of the Brig Caroline, _ib._ 384; Thomson and Dixon _vs._ United States (case of the Schooner Patriot), _ib._ 407.

[303] 1 Brockenbrough, 241.

[304] See Warren, 279.

[305] Story to Fay, April 24, 1814, Story, I, 261.

[306] Marshall to Story, May 27, 1819, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 325. This was the case of the Little Charles.

[307] Same to same, July 13, 1819, _ib._ 326.

[308] Same to same, June 15, 1821, _ib._ 327; Sept. 18, 1821, _ib._ 331; Dec. 9, 1823, _ib._ 334; June 26, 1831, _ib._ 344.

[309] Same to same, July 2, 1823, _ib._ 331-33.

[310] Same to same, Oct. 15, 1830, _ib._ 342.

[311] John Ba.s.sett Moore, in his _Digest of International Law_, cites Marshall frequently and often uses pa.s.sages from his opinions. Henry Wheaton, in his _Elements of International Law_, sometimes quotes Marshall's language as part of the text.

[312] Professor John Ba.s.sett Moore, in a letter to the author, says that he considers Marshall's opinion in this case his greatest in the realm of international law.

[313] _Am. State Papers, For. Rel._ III, 384.

[314] 7 Cranch, 136.

[315] 7 Cranch, 137.

[316] _Ib._ 138-39.

[317] _Ib._ 141.

[318] 7 Cranch, 147.

[319] See John Ba.s.sett Moore in Dillon, I, 521-23.

[320] See _supra_, chap. I.

[321] 3 Wheaton, 610-44.

[322] _Ib._ 614.

[323] 3 Wheaton, 634-35.

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