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John Marshall and the Constitution, a Chronicle of the Supreme Court

Chapter 37: Transcriber's Notes
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About This Book

The work presents a concise biography and legal study of John Marshall, chronicling his early years, his elevation of the national judiciary, and his doctrinal battles with political opponents. It recounts key episodes such as the celebrated treason trial and examines his principles of nationalism, the sanctity of contracts, and limits on state sovereignty. Blending institutional history with case-centered analysis, it shows how constitutional structures shaped judicial authority and how Marshall’s reasoning helped entrench federal supremacy and contractual protections while resisting state-rights challenges, ending with reflections on his relations within the Court and his institutional legacy.

Nashville (Tenn.), Burr goes to, 87.
Natchez, Burr goes to, 87, 89.
Nationalism, 121 et seq., 227.
Nereide, case of the, 118 (note).
New Jersey, statute excluding Fulton-Livingston vessels, 136.
New Orleans, Wilkinson at, 89, 91; and Burr, 99.
New York, and “Steamboat case,” 136-142.
New York City, Supreme Court in, 16.
Newcastle (Del.), Chase at, 73.
Nicholas, W. C., at Virginia Convention, 37.
Nicholson, Joseph, and impeachment, 78; recall for Senators, 84.
Nullification, 194; Marshall and, 214.


O.

Oakley, T. J., counsel for Ogden, 136.
Ogden vs. Saunders, 190.
Ohio, anti-judicial movement in, 184.
Osborn vs. United States Bank, 189-190.


P.

Parton, James, Life and Times of Aaron Burr, quoted, 99-100.
Passmore, Thomas, punished for contempt of court, 60.
Pendleton, Edmund, lawyer of Richmond, 32.
Pennsylvania, attitude toward Judiciary, 58, 84; protests Marshall’s decision, 119.
Philadelphia, Supreme Court at, 16; impeachment of judges at, 84; Burr goes to, 87.
Pickering, Judge, of New Hampshire, impeachment, 71, 72-73.
Pinckney, C. C, on “X.Y.Z.” mission, 45.
Pinkney, William, of Maryland, greatest lawyer of his day, 117-118; in Bank case, 128-129; in Dartmouth College case, 165.
Plumer, William, Governor of New Hampshire, 156-158.
Providence Bank vs. Billings, 191.


R.

Raleigh (N. C.), Marshall holds court at, 199.
Randolph, Edmund, 25; defends Burr, 92.
Randolph, John, 25, 32, 37, 54, 62, 90, 124; on Judiciary, 23; on Marshall, 52; and impeachment of Chase, 75, 78, 81-82; proposes amendment to Constitution, 83-84; at Burr’s trial, 95.
Reed, T. B., 169.
Revolution, Marshall and, 29-30.
Richardson, Chief Justice, 159.
Richmond (Va.), Marshall practices law at, 31; Burr's trial at, 86 et seq.; Marshall holds court at, 199.
Roane, Spencer, of Virginia, 174-178, 183.
Robertson, Reports, cited, 109 (note).
Robins, Jonathan, British fugitive from justice, 48.
Rodney, C. A., 78, 84.
Rowan, Senator, of Kentucky, 187.
Rutledge, John, of South Carolina, on state courts as national tribunals, 6-7; associate justice, 15.


S.

St. Louis, Burr goes to, 87.
Satterlee vs. Matthewson, 191.
Schooner Exchange vs. McFaddon et al, 118 (note).
Sedgwick, Theodore, on Marshall, 49-51.
Sedition Act (1798), 21, 49, 57.
Shays’s Rebellion (1786), 34.
“Shockoe Hill,” Marshall's home at Richmond, 201.
“Sidney, Algernon,” pseudonym of Roane, 183.
Smith, Jeremiah, 158-159, 163.
South Carolina, nullification, 194; Jackson's proclamation to, 214; secession, 227.
Spain, “Burr’s Conspiracy” against, 89.
State Rights, 7, 173, et seq.
“Steamboat case,” see Gibbons vs. Ogden.
Story, Justice Joseph, 109, 118, 220; Discourse, cited, 34 (note); and Marshall, 116, 150-151 (note), 183, 194, 195, 211, 216, 219, 225; quoted, 129, 201; Dartmouth College case, 163, 166; answer to Roane, 177-179.
Sturges vs. Crowinshield, 124, 184, 190.
Sullivan, attorney in Dartmouth College case, 159, 163.
Supreme Court, relation to Constitution, 7-13; powers, 11; establishment, 12-13, 14; original bench, 15; in New York City, 16; in Philadelphia, 16; pioneer work, 17-19; need of leadership, 19-20; Act of Feb. 13, 1801, 22, 60-63, 71; in Washington, 54; defended by Virginia Assembly, 119-120; bill for enlargement, 186-187; controversy with Georgia, 193-194; number of cases during Marshall’s term of office, 198; changes on bench, 223.
Swartwout, Samuel, 93, 94, 108, 109.


T.

Taney, R. B., Chief Justice, 118, 224, 226.
Taylor, John, of Caroline, 60, 192.
Thayer, J. B., John Marshall, quoted, 202-204.
Thompson, Justice Smith, 219.
Ticknor, George, describes Pinkney, 117-118.
Tocqueville, Alexis de, opinion of Supreme Court, 196-197.
Todd, Justice Thomas, 163.
Transportation, 188-189.
Truxton, Commodore Thomas, 92, 102.


U.

United States vs. Peters, 118.


V.

Vincennes, Burr goes to, 87.
Virginia, plan before Constitutional Convention, 8; Convention, 35-38; defends Supreme Court, 119-120; and U. S. Bank, 216.
Virginia Resolutions, 22, 127, 176, 177.


W.

Wakefield (Ala.), Burr captured at, 90.
Ware vs. Hylton, 44.
Warren, Charles, cited, 185 (note).
Washington, Justice Bushrod, 115, 161, 163, 166, 190, 208.
Washington, George, Marshall and, 26-27, 34, 46; Marshall’s Life of, 34 (note), 208-210.
Washington (D. C.), 53; Capitol 54; Burr goes to, 87.
Watson vs. Mercer, 191.
Webster, Daniel, 29; and Bank case, 128; Gibbons vs. Ogden, 136; Dartmouth College case, 159, 160-161, 163.
Wentworth, John, Governor of New Hampshire, 155.
Wheelock, Rev. Eleazar, of Connecticut, 155.
Wheelock, Dr. John, son of Eleazar Wheelock, 156.
Whisky Rebellion (1794), 21.
Wickham, John, of Richmond, 32, 92, 202, 203-204.
Wilkinson, James, 113; Marshall’s letter to, 35; military commandant in Louisiana Territory, 82; and Burr, 88, 93, 95; at New Orleans, 89, 91.
William and Mary College, 30.
Wilson, Justice James, of Pennsylvania, 15, 36.
Wilson vs. Blackbird Creek Marsh Company, 191.
Wirt, William, Letters of the British Spy, quoted, 39-42; at Burr’s trial, 91, 96-97, 102, 104-105, 110; Bank case, 128; Gibbons vs. Ogden, 135-136; Dartmouth College case, 163.
Woodward, W. H., 158.
Worcester vs. Georgia, 193-194.
Wythe, George, 30, 32.


X.

“X.Y.Z.” mission, 45-46.






The Chronicles of America Series

  1. The Red Man's Continent
    by Ellsworth Huntington
  2. The Spanish Conquerors
    by Irving Berdine Richman
  3. Elizabethan Sea-Dogs
    by William Charles Henry Wood
  4. The Crusaders of New France
    by William Bennett Munro
  5. Pioneers of the Old South
    by Mary Johnson
  6. The Fathers of New England
    by Charles McLean Andrews
  7. Dutch and English on the Hudson
    by Maud Wilder Goodwin
  8. The Quaker Colonies
    by Sydney George Fisher
  9. Colonial Folkways
    by Charles McLean Andrews
  10. The Conquest of New France
    by George McKinnon Wrong
  11. The Eve of the Revolution
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  12. Washington and His Comrades in Arms
    by George McKinnon Wrong
  13. The Fathers of the Constitution
    by Max Farrand
  14. Washington and His Colleagues
    by Henry Jones Ford
  15. Jefferson and his Colleagues
    by Allen Johnson
  16. John Marshall and the Constitution
    by Edward Samuel Corwin
  17. The Fight for a Free Sea
    by Ralph Delahaye Paine
  18. Pioneers of the Old Southwest
    by Constance Lindsay Skinner
  19. The Old Northwest
    by Frederic Austin Ogg
  20. The Reign of Andrew Jackson
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  21. The Paths of Inland Commerce
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  26. The Passing of the Frontier
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  27. The Cotton Kingdom
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  28. The Anti-Slavery Crusade
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  29. Abraham Lincoln and the Union
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  30. The Day of the Confederacy
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  31. Captains of the Civil War
    by William Charles Henry Wood
  32. The Sequel of Appomattox
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  33. The American Spirit in Education
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  34. The American Spirit in Literature
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  35. Our Foreigners
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  36. The Old Merchant Marine
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  37. The Age of Invention
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  39. The Age of Big Business
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  40. The Armies of Labor
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  41. The Masters of Capital
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  42. The New South
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  43. The Boss and the Machine
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  44. The Cleveland Era
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  45. The Agrarian Crusade
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  46. The Path of Empire
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  47. Theodore Roosevelt and His Times
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  48. Woodrow Wilson and the World War
    by Charles Seymour
  49. The Canadian Dominion
    by Oscar D. Skelton
  50. The Hispanic Nations of the New World
    by William R. Shepherd





Transcriber's Notes


Introduction:

The Chronicles of America Series has two similar editions of each volume in the series. One version is the Abraham Lincoln edition of the series, a premium version which includes full-page pictures. A textbook edition was also produced, which does not contain the pictures and captions associated with the pictures, but is otherwise the same book. This book was produced to match the textbook edition of the book.

We have retained the original punctuation and spelling in the book, but there are a few exceptions. Obvious errors were corrected--and all of these changes can be found in the Detailed Notes Section of these notes. The Detailed Notes Section also includes issues that have come up during transcription. One common issue is that words are sometimes split into two lines for spacing purposes in the original text. These words are hyphenated in the physical book, but there is a question sometimes as to whether the hyphen should be retained in transcription. The reasons behind some of these decisions are itemized.

We place footnotes after the paragraph in which they are referenced. The footnote may appear on a different page number in this e-book as compared to the paper book. For example, the footnote with Nereide appears on page 118 in the paper book, but on page 119 in this e-book. For some index entries with notes, the reference may appear on the page following the one mentioned in the index.


Detailed Notes Section:

On Page 27, health-giving was hyphenated between two lines for spacing and could be transcribed as healthgiving. We retained the hyphen in transcribing the word.

On Page 55, elbow-room was hyphenated between two lines for spacing and could be transcribed as elbowroom. We retained the hyphen in transcribing the word.

On Page 87, rendez-vous was hyphenated between two lines for spacing and could be transcribed as rendezvous. In this case, the latter option took preference: "He also made the island both a convenient rendezvous for his adherents ..."

On Page 208, add missing period after uncle to conclude the clause "the literary executor of his famous uncle."

On Page 220, add missing period after hopeless to conclude the clause "but his case was soon seen to be hopeless."