States—Passes extravagantly drastic laws—Adopts resolutions denouncing Marshall's opinions and defying the National Government—Pennsylvania, Tennessee, Indiana, Illinois also demand a new court—John Taylor "of Caroline" writes his notable book, Construction Construed—Jefferson warmly approves it—Declares the National Judiciary to be a "subtle corps of sappers and miners constantly working underground to undermine the foundations of our confederated fabric."

VII. THREATS OF WAR 340      Relation of slavery and Marshall's opinions—The South threatens war: "I behold a brother's sword crimsoned with a brother's blood"—Northern men quail—The source and purpose of Marshall's opinion in Cohens vs. Virginia—The facts in that case—A trivial police court controversy—The case probably "arranged"—William Pinkney and David B. Ogden appear for the Cohens—Senator James Barbour, for Virginia, threatens secession: "With them [State Governments], it is to determine how long their [National] government shall endure"—Marshall's opinion is an address to the American people—The grandeur of certain passages: "A Constitution is framed for ages to come and is designed to approach immortality"—The Constitution is vitalized by a "conservative power" within it—Independence of the Judiciary necessary to preservation of the Republic—Marshall directly replies to the assailants of Nationalism: "The States are members of one great empire"—Marshall originates the phraseology, "a government of, by, and for the people"—Publication of the opinion in Cohens vs. Virginia arouses intense excitement—Roane savagely attacks Marshall under the nom de guerre of "Algernon Sidney"—Marshall is deeply angered—He writes Story denouncing Roane's articles—Jefferson applauds and encourages attacks on Marshall—Marshall attributes to Jefferson the assaults upon him and the Supreme Court—The incident of John E. Hall and his Journal of American Jurisprudence—John Taylor again assails Marshall's opinions in his second book, Tyranny Unmasked—He connects monopoly, the protective tariff, internal improvements, "exclusive privileges," and emancipation with Marshall's Nationalist philosophy—Jefferson praises Taylor's essay and declares for armed resistance to National "usurpation": "The States must meet the invader foot to foot"—Senator Richard M. Johnson of Kentucky, in Congress, attacks Marshall and the Supreme Court—Offers an amendment to the Constitution giving the Senate appellate jurisdiction from that tribunal—Roane asks the Virginia Legislature to demand an amendment to the National Constitution limiting the power of the Supreme Court—Senator Johnson makes bold and powerful speech in the Senate—Declares the Supreme Court to be a denial of the whole democratic theory—Webster sneers at Johnson's address—Kentucky and the Supreme Court—The "Occupying Claimant" laws—Decisions in Green vs. Biddle—The Kentucky Legislature passes condemnatory and defiant resolutions—Justice William Johnson infuriates the South by an opinion from the Circuit Bench—The connection of the foregoing events with the Ohio Bank case—The alignment of economic, political, and social forces—Marshall delivers his opinion in Osborn vs. The Bank of the United States—The historical significance of his declaration in that case. VIII. COMMERCE MADE FREE 397      Fulton's experiments on the Seine in Paris—French scientists reject his invention—The Livingston-Fulton partnership—Livingston's former experiments in New York—Secures monopoly grants from the Legislature—These expire—The Clermont makes the first successful steamboat voyage—Water transportation revolutionized—New York grants monopoly of steamboat navigation to Livingston and Fulton—They send Nicholas J. Roosevelt to inspect the Ohio and Mississippi Rivers—His romantic voyage to New Orleans—Louisiana grants exclusive steamboat privileges to Livingston and Fulton—New Jersey retaliates on New York—Connecticut forbids Livingston and Fulton boats to enter her waters—New York citizens defy the steamboat monopoly—Livingston and Fulton sue James Van Ingen—New York courts uphold the steamboat monopoly, and assert the right of the State to control navigation on its waters—The opinion of Chief Justice Kent—The controversy between Aaron Ogden and Thomas Gibbons—Ogden, operating under a license from Livingston and Fulton, sues Gibbons—State courts again sustain the monopoly acts—Gibbons appeals to the Supreme Court—Ogden retains William Pinkney—The case is dismissed, refiled, and continued—Pinkney dies—Argument not heard for three years—Several States pass monopoly laws—Prodigious development of steamboat navigation—The demand for internal improvements stimulated—The slave interests deny power of Congress to build roads and canals—The daring speech of John Randolph—Declares slavery imperiled—Threatens armed resistance—Remarkable alignment of opposing forces when Gibbons vs. Ogden is heard in Supreme Court—Webster makes the greatest of his legal arguments—Marshall's opinion one of his most masterful state papers—His former opinion on the Circuit Bench in the case of the Brig Wilson anticipates that in Gibbons vs. Ogden—The power of Congress over interstate and foreign commerce absolute and exclusive—Marshall attacks the enemies of Nationalism—The immediate effect of Marshall's opinion on steamboat transportation, manufacturing, and mining—Later effect still more powerful—Railway development incalculably encouraged—Results to-day of Marshall's theory of commerce—Litigation in New York following the Supreme Court's decision—The whole-hearted Nationalism of Chief Justice Savage and Chancellor Sanford—Popularity of Marshall's opinion—The attack in Congress on the Supreme Court weakens—Martin Van Buren, while denouncing the "idolatry" for the Supreme Court, pays an exalted tribute to Marshall: "The ablest judge now sitting on any judicial bench in the world"—Senator John Rowan of Kentucky calls the new popular attitude toward the Supreme Court "a judicial superstition"—The case of Brown vs. Maryland—Marshall's opinion completes his Constitutional expositions of the commerce clause—Taney's remarkable acknowledgment. IX. THE SUPREME CONSERVATIVE 461      Marshall's dislike for the formal society of Washington—His charming letters to his wife—He carefully avoids partisan politics—Refrains from voting for twenty years—Is irritated by newspaper report of partisanship—Writes denial to the Richmond