THE PAPERS JOHN MARSHALL Volume IX >. / Correspondence, Papers, and Selected Judicial Opinions \ : ^ January 1820-December 1823 CHARLES F. HOBSON, Editor LAURA S. GWILLIAM SUSAN HOLBROOK PERDUE ROBERT W. SMITH The University of North Carolina Press, Chapel Hill in association with the Omohundro Institute of Early American History and Culture Williamsburg, Virginia
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 xiv xv xix xxiii xxvii xxvii xxix xxx xxxi xxxi xxxii xxxii xxxiii xxxvii JANUARY l82o DECEMBER 1823 1820 To William Bainbridge, 3 January 3 From William Wirt, 17 January 3 John Williams to Justices of the Supreme Court, 10 February 4 United States v. Wiltberger, Opinion, 18 February 5 To [Smith Thompson], 23 February 12 To John George Jackson, 25 February 12 Loughborough v. Blake, Opinion, 10 March 13 Notes on Arguments, 10-11 March 17 From William Wirt, 11 March 25 To Samuel F. Jarvis, 26 March 29 From William Wirt, 11 April 29 To Bushrod Washington, 13 April 30 The Brig Wilson v. United States, Opinion, ca. 22 May 31 Gallego, Richard & Company v. United States, Opinion, ca. 22 May 40 United States v. Smith, Sentence, 29 May 44 To John Quincy Adams, 30 May 46 To William Wirt, 30 May 46 From William Wirt, 1 June 47 To St. George Tucker, 2 June 47
[x] CONTENTS Wilson v. LeRoy, Bayard & McEvers, Opinion, 7 June 48 Anderson & Wilkins v. Tompkins, Opinion, 12 June 53 To Bushrod Washington, 26 June 58 Memorandum concerning Leeds Manor, 29 June 59 To [Agatha Marshall], 1 July 61 To Louis Marshall, 1 July 61 From Walter L. Fontaine, 21 July 62 To John C. Calhoun, 1 August 63 To George A. Ward, 2 September 63 To Bushrod Washington, 2 September 64 To George A. Ward, 18 September 66 To Bushrod Washington, 7 November 68 To St. George Tucker, 22 November 6g Robertson v. Miller, Opinion, 27 November 69 Thompson and Dickson v. United States, Opinion, 11 December 76 The Santissima Trinidad and St. Ander, Opinion, 20 December 89 1821 To Bushrod Washington, 8 February 101 To Smith Thompson, 13 February 102 From Smith Thompson, 15 February 103 To [James Monroe], 20 February 103 To Mary W. Marshall, 26 February 104 To James K. Marshall, [26 February] 105 Cohens v. Virginia, Editorial Note 106 Opinion, 3 March 113 From Gales and Seaton, 3 March 142 To Gales and Seaton, [3 March] 143 Cohens v. Virginia, Opinion, 5 March 143 To Richard Rush, 16 March 147 To Henry Wheaton, 24 March 147 To Henry Wheaton, 2 June 150 Coates v. Muse, Opinion and Decree, 4 June 150 Backhouse v. Jett's Administrator, Opinion and Decree, 6 June 156 To Joseph Story, 15 June 167 To Bushrod Washington, 15 June 168 United States v. P. T. Shelton & Company, Opinion and Decree, 15 June 169 To Edward C. Marshall, 24 June 172
CONTENTS [xi] To William S. Cardell, 25 June 173 From Joseph Story, 27 June 174 To Joseph Story, 13 July 178 To Bushrod Washington, 13 July 180 To Charles Miner, [15] July 181 To John Quincy Adams, 6 September 182 To Joseph Story, 18 September 183 To Daniel Raymond, 25 September 185 To Walter L. Fontaine, 27 September 186 To Walter L. Fontaine, 20 November 187 To Walter L. Fontaine, [8 December] 188 Jacob v. United States, Opinion, 11 December 188 From John Quincy Adams, 12 December 193 To Walter L. Fontaine, 13 December ig4 To John Quincy Adams, 18 December 194 To Bushrod Washington, 27 December 195 1822 From Philip Slaughter, 28 January 196 To [John C. Calhoun], 16 February 197 Tojedidiah Morse, 21 February 197 From James A. Hamilton, 8 March 200 To James A. Hamilton, g March 200 To Bushrod Washington, 15 April 201 To Littleton W. Tazewell, 19 May 202 To Bushrod Washington, 28 May 203 Furniss, Cutler, & Stacey v. Allan & Ellis, Opinion, 1 June 204 From William Gaston, 12 June 210 Coates v. Muse, Opinion, 12 June 210 Hopkirk v. Page, Opinion, 12 June 217 United States v. Mann, Opinion, 12 June 232 To James Monroe, 13 June 236 To Bushrod Washington, 17 June 237 To Bushrod Washington, 6 July 238 To James M. Marshall, 9 July 239 To Martin Marshall, 23 September 241 To St. George Tucker, 23 November 242 To [Hugh Mercer?], 4 December 243 Pendleton v. United States, Opinion, 16 December 243 To Joseph Gales, 19 December 248 Scott and Lyle v. Lenox, Opinion, 26 December 249
[xii] CONTENTS Gaines v. Span, Opinion, [28 December?] 253 United States v. Nelson and Myers, Opinion, 28 December 263 1823 To Jaquelin A. Marshall, 15 January 270 To Robert Mayo and William A. Bar tow, 26 January 272 To Mary W. Marshall, 4 [February] 273 Notes on Arguments, 12-13 February 275 Johnson v. Mclntosh, Editorial Note 279 Opinion, 28 February 284 To Jaquelin B. Harvie, 8 March 302 To Mary W. Marshall, 11 April 302 To Bushrod Washington, 3 May 303 United States v. Maurice, Opinion, 22 May 304 To St. George Tucker, 27 May 321 To Bushrod Washington, 28 May 322 To Joseph Story, 1 June 323 Bank of the United States v. Dandridge, Report, 6 June 324 From Joseph Story, 22 June 327 To Bushrod Washington, 25 June 328 To Joseph Story, 2 July 330 To St. George Tucker, 7 July 331 United States v. Manuel Catacho, Order, 11 July 332 To Bushrod Washington, 12 July 332 To Bushrod Washington, 6 August 334 To Bushrod Washington, 12 August 336 To Stephen Girard, 25 September 337 To Joseph Story, 26 September 338 To Caleb P. Wayne, 29 September 339 From Stephen Girard, 6 October 340 To Bushrod Washington, 11 October 340 To Joseph Story, 12 October 341 From John Lowell, 25 October 341 United States v. Manuel Catacho, Charge to Grand Jury, 27 October 344 To Mary W. Marshall, 31 October 344 To [John Lowell], 6 November 345 To Joseph Story, 24 November 346 Mankin v. Chandler & Company, Opinion, 5 December 347 To Bushrod Washington, 6 December 352 To James Monroe, 9 December 353 To Joseph Story, 9 December 353 Maxwell v. Call, Opinion, 16 December 355
CONTENTS [xiii] Coates v. Muse, Opinion, 18 December 360 To Henry Clay, 22 December 365 To Charles Hammond, 28 December 367 Appendices 369 I: Opinions Delivered by Chief Justice John Marshall in the U.S. Supreme Court, 1820-1823 371 II: Calendar of Miscellaneous Papers and Letters Not Found 374 Index 381