Whig—Clay writes Marshall—The Chief Justice explains incident to Story—Marshall's interest in politics—His letter to his brother—Permits himself to be elected to the Virginia Constitutional Convention of 1829-30—His disgust at his "weakness"—Writes Story amusing account—Issues before the convention deeply trouble him—He is frankly and unshakably conservative—The antiquated and undemocratic State Constitution of 1776 and the aristocratic system under it—Jefferson's brilliant indictment of both in a private letter—His alarm and anger when his letter is circulated—He tries to withdraw it—Marshall's interest in the well-being of the people—His prophetic letter to Charles F. Mercer—Marshall's only public ideal that of Nationalism—His views on slavery—Letters to Gurley and Pickering—His judicial opinions involving slavery and the slave trade: The Antelope; Boyce vs. Anderson—Extreme conservatism of Marshall's views on legislation and private property—Letter to Greenhow—Opinions in Ogden vs. Saunders and Bank vs. Dandridge—Marshall's work in the Virginia convention—Is against any reform—Writes Judiciary report—The aristocratic County Court system—Marshall defends it—Impressive tributes to Marshall from members of the convention—His animated and powerful speeches on the Judiciary—He answers Giles, Tazewell, and Cabell, and carries the convention by an astonishing majority—Is opposed to manhood suffrage and exclusive white basis of representation—He pleads for compromise on the latter subject and prevails—Reasons for his course in the convention—He probably prevents civil strife and bloodshed in Virginia—The convention adjourns—History of Craig vs. Missouri—Marshall's stern opinion—The splendid eloquence of his closing passage—Three members of the Supreme Court file dissenting opinions—Marshall's melancholy comments on them—Congressional assaults on the Supreme Court renewed—They are astonishingly weak, and are overwhelmingly defeated, but the vote is ominous.

X. THE FINAL CONFLICT 518      Sadness of Marshall's last years—His health fails—Contemplates resigning—His letters to Story—Goes to Philadelphia for surgical treatment—Remarkable resolutions by the bar of that city—Marshall's response—Is successfully operated upon by Dr. Physick—His cheerfulness—Letters to his wife—Mrs. Marshall dies—Marshall's grief—His tribute to her—He is depressed by the course of President Jackson—The warfare on the Bank of the United States—Congress recharters it—Jackson vetoes the Bank Bill and assails Marshall's opinions in the Bank cases—The people acclaim Jackson's veto—Marshall is disgusted—His letters to Story—He is alarmed at the growth of disunion sentiment—Causes of the recrudescence of Localism—Marshall's theory of Constitutional construction and its relation to slavery—The tariff—The South gives stern warnings—Dangerous agitation in South Carolina—Georgia asserts her "sovereignty" in the matter of the Cherokee Indians—The case of George Tassels—Georgia ignores the Supreme Court and rebukes Marshall—The Cherokee Nation vs. Georgia—The State again ignores the Supreme Court—Marshall delivers his opinion in that case—Worcester vs. Georgia—The State defies the Supreme Court—Marshall's opinion—Georgia flouts the Court and disregards its judgment—Jackson supports Georgia—Story's melancholy letter—The case of James Graves—Georgia once more defies the Supreme Court and threatens secession—South Carolina encouraged by Georgia's attitude—Nullification sentiment grows rapidly—The Hayne-Webster debate—Webster's great speech a condensation of Marshall's Nationalist opinions—Similarity of Webster's language to that of Marshall—The aged Madison repudiates Nullification—Marshall, pleased, writes Story: "Mr. Madison is himself again"—The Tariffs of 1828 and 1832 infuriate South Carolina—Scenes and opinion in that State—Marshall clearly states the situation—His letters to Story—South Carolina proclaims Nullification—Marshall's militant views—Jackson issues his Nullification Proclamation—It is based on Marshall's theory of the Constitution and is a triumph for Marshall—Story's letter—Hayne replies to Jackson—South Carolina flies to arms—Virginia intercedes—Both parties back down: South Carolina suspends Nullification and Congress passes Tariff of 1833—Marshall describes conditions in the South—His letters to Story—He almost despairs of the Republic—Public appreciation of his character—Story dedicates his Commentaries to Marshall—Marshall presides over the Supreme Court for the last time—His fatal illness—He dies at Philadelphia—The funeral at Richmond—Widespread expressions of sorrow—Only one of condemnation—The long-continued mourning in Virginia—Marshall's old club resolves never to fill his place or increase its membership—Story's "inscription for a cenotaph" and the words Marshall wrote for his tomb. WORKS CITED IN THIS VOLUME 595 INDEX 613

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