Marshall—The Marshall and Virginia "compromise"—Virginia Court of Appeals decides in favor of Hunter—National Supreme Court reverses State court—The latter's bold defiance of the National tribunal—Marshall refuses to sit in the case of the Granville heirs—History of the Granville litigation—The second appeal from the Virginia Court in the Fairfax-Martin-Hunter case—Story's great opinion in Fairfax's Devisee vs. Hunter's Lessee—His first Constitutional pronouncement—Its resemblance to Marshall's opinions—The Chief Justice disapproves one ground of Story's opinion—His letter to his brother—Anger of the Virginia judges at reversal of their judgment—The Virginia Republican organization prepares to attack Marshall.

IV. FINANCIAL AND MORAL CHAOS 168      February and March, 1819, mark an epoch in American history—Marshall, at that time, delivers three of his greatest opinions—He surveys the state of the country—Beholds terrible conditions—The moral, economic, and social breakdown—Bad banking the immediate cause of the catastrophe—Sound and brilliant career of the first Bank of the United States—Causes of popular antagonism to it—Jealousy of the State banks—Jefferson's hostility to a central bank—John Adams's description of State banking methods—Opposition to rechartering the National institution—Congress refuses to recharter it—Abnormal increase of State banks—Their great and unjustifiable profits—Congress forced to charter second Bank of the United States—Immoral and uneconomic methods of State banks—Growth of "private banks"—Few restrictions placed on State and private banks and none regarded by them—Popular craze for more "money"—Character and habits of Western settlers—Local banks prey upon them—Marshall's personal experience—State banks control local press, bar, and courts—Ruthless foreclosures of mortgages and incredible sacrifices of property—Counterfeiting and crime—People unjustly blame Bank of the United States for their financial misfortunes—It is, at first, bad, and corruptly managed—Is subsequently well administered—Popular demand for bankruptcy laws—State "insolvency" statutes badly drawn and ruinously executed—Speculators use them to escape the payment of their liabilities while retaining their assets—Foreclosures and sheriff's sales increase—Demand for "stay laws" in Kentucky—Marshall's intimate personal knowledge of conditions in that State—States begin to tax National Bank out of existence—Marshall delivers one of his great trilogy of opinions of 1819 on contract, fraud, and banking—Effect of the decision of the Supreme Court in Sturges vs. Crowninshield. V. THE DARTMOUTH COLLEGE CASE 220      The Dartmouth College case affected by the state of the country—Marshall prepares his opinion while on his vacation—His views well known—His opinion in New Jersey vs. Wilson—Eleazar Wheelock's frontier Indian school—The voyage and mission of Whitaker and Occom—Funds to aid the school raised in England and Scotland—The Earl of Dartmouth—Governor Wentworth grants a royal charter—Provisions of this document—Colonel John Wheelock becomes President of the College—The beginnings of strife—Obscure and confused origins of the Dartmouth controversy, including the slander of a woman's reputation, sectarian warfare, personal animosities, and partisan conflict—The College Trustees and President Wheelock become enemies—The hostile factions attack one another by means of pamphlets—The Trustees remove Wheelock from the Presidency—The Republican Legislature passes laws violative of the College Charter and establishing Dartmouth University—Violent political controversy—The College Trustees and officers refuse to yield—The famous suit of Trustees of Dartmouth College vs. Woodward is brought—The contract clause of the Constitution is but lightly considered by Webster, Mason, and Smith, attorneys for the College—Supreme Court of New Hampshire upholds the acts of the Legislature—Chief Justice Richardson delivers able opinion—The case appealed to the Supreme Court of the United States—Webster makes his first great argument before that tribunal—He rests his case largely on "natural right" and "fundamental principles," and relies but little on the contract clause—He has small hopes of success—The court cannot agree—Activity of College Trustees and officers during the summer and autumn of 1818—Chancellor James Kent advises Justices Johnson and Livingston of the Supreme Court—William Pinkney is retained by the opponents of the College—He plans to ask for a reargument and makes careful preparation—Webster is alarmed—The Supreme Court opens in February, 1819—Marshall ignores Pinkney and reads his opinion to which five Associate Justices assent—The joy of Webster and disgust of Pinkney—Hopkinson's comment—The effect of Marshall's opinion—The foundations of good faith—Comments upon Marshall's opinion—The persistent vitality of his doctrine as announced in the Dartmouth College case—Departures from it—Recent discussions of Marshall's theory. VI. VITALIZING THE CONSTITUTION 282      The third of Marshall's opinions delivered in 1819—The facts in the case of M'Culloch vs. Maryland—Pinkney makes the last but one of his great arguments—The final effort of Luther Martin—Marshall delivers his historic opinion—He announces a radical Nationalism—"The power to tax involves the power to destroy"—Marshall's opinion is violently attacked—Niles assails it in his Register—Declares it "more dangerous than foreign invasion"—Marshall's opinion more widely published than any previous judicial pronouncement—The Virginia Republican organization perceives its opportunity and strikes—Marshall tells Story of the coming assault—Roane attacks in the Richmond Enquirer—"The people must rouse from the lap of Delilah to meet the Philistines"—The letters of "Amphyction" and "Hampden"—The United States is "as much a league as was the former confederation"—Marshall is acutely alarmed by Roane's attacks—He writes a dull and petulant newspaper defense of his brilliant opinion—Regrets his controversial effort and refuses to permit its republication—The Virginia Legislature passes resolutions denouncing his opinion and proposing a new tribunal to decide controversies between States and the Nation—The slave power joins the attack upon Marshall's doctrines—Ohio aligns herself with Virginia—Ohio's dramatic resistance to the Bank of the United