The Papers of John Marshall, Volume IX: Correspondence, Papers, and Selected Judicial Opinions, January 1820-December 1823

Overview

This volume marks the continuation of the first annotated edition of the papers of John Marshall, the great statesman and jurist. The Supreme Court's most celebrated case during these years was Cohens v. Virginia (1821). What began as a prosecution for the sale of lottery tickets eventually brought forth a major statement on the scope and extent of federal judicial power from Chief Justice Marshall. Like McCulloch v. Maryland (1819), the Cohens decision provoked the wrath of the guardians of states' rights in ...
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Overview

This volume marks the continuation of the first annotated edition of the papers of John Marshall, the great statesman and jurist. The Supreme Court's most celebrated case during these years was Cohens v. Virginia (1821). What began as a prosecution for the sale of lottery tickets eventually brought forth a major statement on the scope and extent of federal judicial power from Chief Justice Marshall. Like McCulloch v. Maryland (1819), the Cohens decision provoked the wrath of the guardians of states' rights in Virginia. As his correspondence shows, Marshall was deeply concerned that the reaction to Cohens and other nationalizing decisions would translate into proposals to curb the Supreme Court's powers.

Besides chronicling Marshall's judicial activities, this volume yields illuminating glimpses into his private interests and family life. When not sitting in court, Marshall was busy revising his Life of Washington and preparing an edition of General Washington's letters.

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Editorial Reviews

From the Publisher
[P]rovides scholars with the essential documents of the chief justice during four years of the middle period of his tenure.

Journal of Southern History

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Product Details

Meet the Author

Charles F. Hobson, editor of The Papers of John Marshall, is a resident scholar at the William and Mary School of Law.
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Table of Contents

CONTENTS

Illustrations
Preface
Acknowledgments
The Plan of the Volume and Editorial Policy
Editorial Apparatus
Editorial Method
Textual Notes
Descriptive Symbols
Location Symbols
Record Groups in the National Archives
Abbreviations for Court and Other Records
Abbreviations for English Courts
Short Titles
Marshall Chronology

January 1820-December 1823

1820
To William Bainbridge, 3 January
From William Wirt, 17 January
John Williams to Justices of the Supreme Court, 10 February
United States v. Wiltberger, Opinion, 18 February
To [Smith Thompson], 23 February
To John George Jackson, 25 February
Loughborough v. Blake, Opinion, 10 March
Notes on Arguments, 10-11 March
From William Wirt, 11 March
To Samuel F. Jarvis, 26 March
From William Wirt, 11 April
To Bushrod Washington, 13 April
The Brig Wilson v. United States, Opinion, ca. 22 May
Gallego, Richard & Company v. United States, Opinion, ca. 22 May
United States v. Smith, Sentence, 29 May
To John Quincy Adams, 30 May
To William Wirt, 30 May
From William Wirt, 1 June
To St. George Tucker, 2 June
Wilson v. LeRoy, Bayard & McEvers, Opinion, 7 June
Anderson & Wilkins v. Tompkins, Opinion, 12 June
To Bushrod Washington, 26 June
Memorandum concerning Leeds Manor, 29 June
To [Agatha Marshall], 1 July
To Louis Marshall, 1 July
From Walter L. Fontaine, 21 July
To John C. Calhoun, 1 August
To George A. Ward, 2 September
To Bushrod Washington, 2 September
To George A. Ward, 18 September
To Bushrod Washington, 7 November
To St. George Tucker, 22 November
Robertson v. Miller, Opinion, 27 November
Thompson and Dickson v. United States, Opinion, 11 December
The Santissima Trinidad and St. Ander, Opinion, 20 December

1821
To Bushrod Washington, 8 February
To Smith Thompson, 13 February
From Smith Thompson, 15 February
To [James Monroe], 20 February
To Mary W. Marshall, 26 February
To James K. Marshall, [26 February]
Cohens v. Virginia, Editorial Note Opinion, 3 March
From Gales and Seaton, 3 March
To Gales and Seaton, [3 March]
Cohens v. Virginia, Opinion, 5 March
To Richard Rush, 16 March
To Henry Wheaton, 24 March
To Henry Wheaton, 2 June
Coates v. Muse, Opinion and Decree, 4 June
Backhouse v. Jetts Administrator, Opinion and Decree, 6 June
To Joseph Story, 15 June
To Bushrod Washington, 15 June
United States v. P. T. Shelton & Company, Opinion and Decree, 15 June
To Edward C. Marshall, 24 June
To William S. Cardell, 25 June
From Joseph Story, 27 June
To Joseph Story, 13 July
To Bushrod Washington, 13 July
To Charles Miner, [15] July
To John Quincy Adams, 6 September
To Joseph Story, 18 September
To Daniel Raymond, 25 September
To Walter L. Fontaine, 27 September
To Walter L. Fontaine, 20 November
To Walter L. Fontaine, [8 December]
Jacob v. United States, 11 December
From John Quincy Adams, 12 December
To Walter L. Fontaine, 13 December
To John Quincy Adams, 18 December
To Bushrod Washington, 27 December

1822
From Philip Slaughter, 28 January
To [John C. Calhoun], 16 February
To Jedidiah Morse, 21 February
From James A. Hamilton, 8 March
To James A. Hamilton, 9 March
To Bushrod Washington, 15 April
To Littleton W. Tazewell, 19 May
To Bushrod Washington, 28 May
Furniss, Cutler, & Stacey v. Allan & Ellis, Opinion, 1 June
From William Gaston, 12 June
Coates v. Muse, Opinion, 12 June
Hopkirk v. Page, Opinion, 12 June
United States v. Mann, Opinion, 12 June
To James Monroe, 13 June
To Bushrod Washington, 17 June
To Bushrod Washington, 6 July
To James M. Marshall, 9 July
To Martin Marshall, 23 September
To St. George Tucker, 23 November
To [Hugh Mercer?], 4 December
Pendleton v. United States, Opinion, 16 December
To Joseph Gales, 19 December
Scott and Lyle v. Lenox, Opinion, 26 December
Gaines v. Span, Opinion, [28 December?]
United States v. Nelson and Myers, Opinion, 28 December

1823
To Jaquelin A. Marshall, 15 January
To Robert Mayo and William A. Bartow, 26 January
To Mary W. Marshall, 4 [February]
Notes on Arguments, 12-13 February
Johnson v. McIntosh, Editorial Note Opinion, 28 February
To Jaquelin B. Harvie, 8 March
To Mary W. Marshall, 11 April
To Bushrod Washington, 3 May
United States v. Maurice, 22 May
To St. George Tucker, 27 May
To Bushrod Washington, 28 May
To Joseph Story, 1 June
Bank of the United States v. Dandridge, Report, 6 June
From Joseph Story, 22 June
To Bushrod Washington, 25 June
To Joseph Story, 2 July
To St. George Tucker, 7 July
United States v. Manuel Catacho, Order, 11 July
To Bushrod Washington, 12 July
To Bushrod Washington, 6 August
To Bushrod Washington, 12 August
To Stephen Girard, 25 September
To Joseph Story, 26 September
To Caleb P. Wayne, 29 September
From Stephen Girard, 6 October
To Bushrod Washington, 11 October
To Joseph Story, 12 October
From John Lowell, 25 October
United States v. Manuel Catacho, Charge to Grand Jury, 27 October
To Mary W. Marshall, 31 October
To [John Lowell], 6 November
To Joseph Story, 24 November
Mankin v. Chandler & Company, Opinion, 5 December
To Bushrod Washington, 6 December
To James Monroe, 9 December
To Joseph Story, 9 December
Maxwell v. Call, Opinion, 16 December
Coates v. Muse, Opinion, 18 December
To Henry Clay, 22 December
To Charles Hammond, 28 December

Appendices
I: Opinions Delivered by Chief Justice John Marshall in the U.S. Supreme Court, 1820-1823
II: Calendar of Miscellaneous Papers and Letters Not Found

Index

ILLUSTRATIONS

JOHN MARSHALL / FRONTISPIECE
WILLIAM WIRT
HENRY WHEATON
U.S. HOUSE OF REPRESENTATIVES
BUSHROD WASHINGTON

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