[13] See Wait’s State Papers, iii. 165-304.
[14] The Green Bag, viii. 482.
[15] Paulding’s Life of Washington, ii. 191; Lippincott’s Magazine, ii. 624, 625.
[16] In an amusing account of this election (Munford’s The Two Parsons), we are told that the sheriff presided, with the two candidates, Marshall and John Clopton, seated on the justice’s bench. The voter, being asked for whom he voted, gave the name of his candidate; and the latter thanked him; e.g., “Your vote is appreciated, sir,” said Marshall to his friend Parson Blair. For an account of the same method of conducting elections in Virginia at a later period, see John S. Wise’s The End of an Era.
[17] “The masterly and conclusive argument of John Marshall in the House of Representatives. 8 Stat. 129; Wharton’s State Trials, 392; Bee [Reports], 286; 5 Wheat. appendix 3.”—Gray, J., speaking for the Supreme Court of the United States, in Fong Yue Ting v. U. S., 149 U. S. 698, 714. This speech is also found in Moore’s American Eloquence, ii. 7.
[18] The President had written to the Secretary of State from Quincy, May 21, 1799: “How far the President of the United States would be justified in directing the judge to deliver up the offender is not clear. I have no objection to advise, and request him to do so.” Wharton’s State Trials, 418.
[19] The short “autobiography” before referred to (ante, p. 10, n.) ends thus: “I have written no book except the ‘Life of Washington,’ which was executed with so much precipitation as to require much correction.”
[20] Van Santvoord, Lives of the Chief Justices, 343, n.
[21] Coxe, Jud. Power, 95-102; Thayer’s Cases on Constitutional Law, i. 146-149.
[22] Eakin v. Raub, 12 Sergeant & Rawle, 330.