[32] And so the careful headnote of Judge Curtis in 1 Curtis’s Decisions of the Supreme Court, 368.
[33] See Ford’s Jefferson, ix. 62; draft of a letter to District Attorney Hay.
[34] Hare, Am. Const. Law, i. 607.
[35] See, however, Chancellor Kent in 2 N. Y. Rev. 372.
[36] Mississippi v. Johnson, 4 Wallace, 475, 492 (1866).
[37] 12 Serg. & Rawle, 330; s. c. 1 Thayer’s Const. Cases, 133.
[38] As to this general subject see “Origin and Scope of the American Doctrine of Constitutional Law,” 7 Harvard Law Review, 129. Compare the remark of Lord John Russell: “Every political constitution, in which different bodies share the supreme power, is only enabled to exist by the forbearance of those among whom this power is distributed.” I quote this from the motto of Woodrow Wilson’s fifth chapter in his Congressional Government.
[39] The Nation, February 7, 1901.
[40] He married John Marshall’s sister.
[41] These letters were printed in 1897 in the American Hist. Review, ii. 294. I was not aware of their ever having been printed, until after these pages were in type.