[780] Stone vs. Mississippi, October, 1879, 11 Otto (101 U.S.) 816.

[781] The Binghamton Bridge, December, 1865, 3 Wallace, 73.

[782] Pearsall vs. Great Northern Railway, 161 U.S. 660.

[783] More has been written of Marshall's opinion in this case than of any other delivered by him except that in Marbury vs. Madison.

For recent discussions of the subject see Russell: "Status and Tendencies of the Dartmouth College Case," Am. Law Rev. xxx, 322-56, an able, scholarly, and moderate paper; Doe: "A New View of the Dartmouth College Case," Harvard Law Review, vi, 161-81, a novel and well-reasoned article; Trickett: "The Dartmouth College Paralogism," North American Review, xl, 175-87, a vigorous radical essay; Hall: "The Dartmouth College Case," Green Bag, xx, 244-47, a short but brilliant attack upon the assailants of Marshall's opinion; Jenkins: "Should the Dartmouth College Decision be Recalled," Am. Law Rev. li, 711-51, a bright, informed, and thorough treatment from the extremely liberal point of view. A calm, balanced, and convincing review of the effect of the Dartmouth decision on American economic and social life is that of Professor Edward S. Corwin in his Marshall and the Constitution, 167-72. When reading these comments, however, the student should, at the same time, carefully reëxamine Marshall's opinion.


CHAPTER VI

VITALIZING THE CONSTITUTION

The crisis is one which portends destruction to the liberties of the American people. (Spencer Roane.)