Volume IV Part 46 (1/2)

[1083] Marshall here refers to threats to resist forcibly the execution of the Tariff of 1824. See _infra_, 535-36.

[1084] 9 Wheaton, 847-48.

[1085] 9 Wheaton, 848-49.

[1086] 9 Wheaton, 849.

[1087] _Ib._ 852-53.

[1088] 9 Wheaton, 857. (Italics the author's.)

[1089] _Ib._ 858.

[1090] See _supra_, chap, VI.

[1091] 9 Wheaton, 859.

[1092] _Ib._ 859-60.

[1093] 9 Wheaton, 861-62.

[1094] _Ib._ 862-63.

[1095] 9 Wheaton, 866.

[1096] _Ib._ 868-69.

[1097] _Ib._ 871.

[1098] 9 Wheaton, 871-72. (Italics the author's.) In reality Johnson is here referring to the threats of physical resistance to the proposed tariff law of 1824. (See _infra_, chap. X.)

[1099] _Ib._ 875-903.

[1100] _Annals_, 18th Cong. 1st Sess. 2514.

[1101] _Ib._ 2519-20.

[1102] _Ib._ 2527. This debate was most scantily reported. Webster wrote of it: ”We had the Supreme Court before us yesterday.... A debate arose which lasted all day. Cohens _v._ Virginia, Green and Biddle, &c. were all discussed.... The proposition for the concurrence of five judges will not prevail.” (Webster to Story, May 4, 1824, _Priv. Corres._: Webster, I, 350.)

[1103] _Annals_, 18th Cong. 1st Sess. 2538.

[1104] _Ib._ 2539.

[1105] _Annals_, 18th Cong. 1st Sess. 2541.

Throughout this session Webster appears to have been much disturbed. For example, as early as April 10, 1824, he writes Story: ”I am exhausted.

When I look in the gla.s.s, I think of our old New England saying, 'As thin as a shad.' I have not vigor enough left, either mental or physical, to try an action for a.s.sault and battery.... I shall call up some bills reported by our [Judiciary] committee.... The gentlemen of the West will propose a clause, requiring the a.s.sent of a majority of all the judges to a judgment, which p.r.o.nounces a state law void, as being in violation of the const.i.tution or laws of the United States. Do you see any great evil in such a provision? Judge Todd told me he thought it would give great satisfaction in the West. In what phraseology would you make such a provision?” (Webster to Story, April 10, 1824, _Priv. Corres._: Webster, I, 348-49.)

[1106] See next chapter.