Federal party. 
United States Envoy to France (1797-98). 
Member of Congress from Virginia (1799-1800), and supporter of 
President Adams's administration. 
Secretary of State in Adams's Cabinet (1800-01). 
Chief Justice of the Supreme Court. 
His many important decisions on constitutional questions. 
Maintains power of the Supreme Court to decide upon the 
constitutionality of Acts of Congress.
Asserts power of Federal Government to incorporate banks, with 
freedom from State control and taxation. 
Maintains also its power to regulate commerce, free from State 
hindrance or obstruction. 
His constitutional opinion, authoritative and unshaken. 
His decisions on questions of International Law. 
Decides the status of a captured American vessel visiting her native 
port as a foreign man-of-war. 
Sound decision respecting prize cases. 
His views and rulings respecting confiscation of persons and property 
in time of war. 
Personal characteristics and legal acumen. 
Weight and influence of the Supreme Court of the United States. 
LIST OF ILLUSTRATIONS 
VOLUME XI. 
Surrender of General Cornwallis at Yorktown. _After the painting by 
Ch. Ed. Armand Dumaresq_ 
Puritans Going to Church _After the painting by G. H. Boughton_. 
Benjamin Franklin _After the painting by Baron Jos. Sifrède 
Duplessis_. 
Franklin's Experiments with Electricity After the painting by Karl 
Storch. 
The Fight of the Bonhomme Richard and Serapis _After the painting 
by J. O. Davidson_.
George Washington After the painting by Gilbert Stuart Washington's 
Home at Mt. Vernon From a photograph. 
Alexander Hamilton After the painting by Gilbert Stuart. 
Duel between Alexander Hamilton and Aaron Burr _After the painting 
by J. Mund_. 
John Adams After the painting by Gilbert Stuart. 
Patrick Henry's Speech in the House of Burgesses After the painting by 
Rothermel. 
Thomas Jefferson After the painting by Gilbert Stuart. 
John Marshall From an engraving after the painting by Inman. 
 
PRELIMINARY CHAPTER 
THE AMERICAN IDEA. 
1600-1775. 
In a survey of American Institutions there seem to be three fundamental 
principles on which they are based: first, that all men are naturally 
equal in rights; second, that a people cannot be taxed without their own 
consent; and third, that they may delegate their power of 
self-government to representatives chosen by themselves. 
The remote origin of these principles it is difficult to trace. Some 
suppose that they are innate, appealing to consciousness,--concerning 
which there can be no dispute or argument. Others suppose that they 
exist only so far as men can assert and use them, whether granted by 
rulers or seized by society. Some find that they arose among our 
Teutonic ancestors in their German forests, while still others go back to 
Jewish, Grecian, and Roman history for their origin. Wherever they 
originated, their practical enforcement has been a slow and unequal
growth among various peoples, and it is always the evident result of an 
evolution, or development of civilization. 
In the preamble to the Declaration of Independence, Thomas Jefferson 
asserts that "all men are created equal," and that among their 
indisputable rights are "life, liberty, and the pursuit of happiness." 
Nobody disputes this; and yet, looking critically into the matter, it 
seems strange that, despite Jefferson's own strong anti-slavery 
sentiments, his associates should have excluded the colored race from 
the common benefits of humanity, unless the negroes in their 
plantations were not men at all, only things or chattels. The American 
people went through a great war and spent thousands of millions of 
dollars to maintain the indissoluble union of their States; but the events 
of that war and the civil reconstruction forced the demonstration that 
African slaves have the same inalienable rights for recognition before 
the law as the free descendants of the English and the Dutch. The 
statement of the Declaration has been formally made good; and yet, 
whence came it? 
If we go back to the New Testament, the great Charter of Christendom, 
in search of rights, we are much puzzled to find them definitely 
declared anywhere; but we find, instead, duties enjoined with great 
clearness and made universally binding. It is only by a series of 
deductions, especially from Saint Paul's epistles, that we infer the right 
of Christian liberty, with no other check than conscience,--the being 
made free by the gospel of Christ, emancipated from superstition and 
tyrannies of opinion; yet Paul says not a word about the manumission 
of slaves, as a right to which they are justly entitled, any more than he 
urges rebellion against a constituted civil government because it is a 
despotism. The burden of his political injunctions is submission to 
authority, exhortations to patience under the load of evils and 
tribulations which so many have to bear without hope of relief. 
In the earlier Jewish jurisprudence we find laws in relation to property 
which recognize natural justice as clearly as does the jurisprudence of 
Rome; but revolt and rebellion against bad rulers or kings, although apt 
to take place, were nowhere enjoined, unless royal command should
militate    
    
		
	
	
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