[1060] 8 Wheaton, 93. Johnson dissented. (Ib. 94-107.) Todd of Kentucky was absent because of illness, a circumstance that greatly worried Story, who wrote the sick Justice: "We have missed you exceedingly during the term and particularly in the Kentucky causes.... We have had ... tough business" and "wanted your firm vote on many occasions." (Story to Todd, March 24, 1823, Story, i, 422-23.)

[1061] Niles, xxv, 203-05.

[1062] Ib. 206.

[1063] Niles, xxv, 205.

[1064] Ib. 261.

[1065] Ib. 275-76.

[1066] Ib. xxix, 228-29.

[1067] Ib. xxv, 12; and see Elkison vs. Deliesseline, 8 Federal Cases, 493.

[1068] Niles, xxv, 13-16.

[1069] Ib. 12; and see especially ib. xxvii, 242-43.