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[158] Justice Duval's name is often, incorrectly, spelled with two "l's."
[159] "No man had ever a stronger influence upon the minds of others."
(_American Jurist_, XIV, 242.)
[160] Ingersoll: _Historical Sketch of the Second War between the United States and Great Britain_, 2d Series, I, 74.
[161] "He was not, in any sense of the word, a learned man." (George S.
Hillard in _North American Review_, XLII, 224.)
[162] See vol. I, 163, of this work; also _Southern Literary Messenger_, XVII, 154; and Terhune: _Colonial Homesteads_, 92.
[163] See vol. II, 139, of this work.
[164] Mordecai: _Richmond in By-Gone Days_, 64.
[165] Terhune, 91.
[166] _Ib._ 92; and see Howe: _Historical Collections of Virginia_, 266.
[167] _Green Bag_, VIII, 486.
[168] Personal experience related by Dr. William P. Palmer to Dr. J.
Franklin Jameson, and by him to the author.
[169] Meade: _Old Churches, Ministers and Families of Virginia_, II, 222.
[170] _Magazine of American History_, XII, 70; also _Green Bag_, VIII, 486.
[171] Anderson, 214.
[172] The stage schedule was much shorter, but the hours of travel very long. The stage left Petersburg at 3 A.M., arrived at Warrenton at 8 P.M., left Warrenton at 3 A.M., and arrived at Raleigh the same night.
(Data furnished by Professor Archibald Henderson.) The stage was seldom on time, however, and the hards.h.i.+ps of traveling in it very great.
Marshall used it only when in extreme haste, a state of mind into which he seldom would be driven by any emergency.
[173] Mordecai, 64-65. Bishop Meade says of Marshall on his trips to Fauquier County, "Servant he had none." (Meade, II, 222.)
[174] As related by M. D. Haywood, Librarian of the Supreme Court of North Carolina, to Professor Archibald Henderson and by him to the author; and see _Harper's Magazine_, LXX, 610; _World's Work_, I, 395.
[175] Judge James C. MacRae in _John Marshall--Life, Character and Judicial Services_: Dillon, II, 68.
[176] As late as April, 1811, the population of Raleigh was between six hundred and seven hundred. Nearly all the houses were of wood. By 1810 there were only four brick houses in the town.
[177] _Magazine of American History_, XII, 69.
[178] Account of eye-witness as related by Dr. Kemp P. Battle of Raleigh to Professor Henderson and by him to the author.
Another tavern was opened about 1806 by one John Marshall. He had been one of the first commissioners of Raleigh, serving until 1797. He was no relation whatever to the Chief Justice. As already stated (vol. I, footnote to 15, of this work) the name was a common one.
[179] Mr. W. J. Peele of Raleigh to Professor Henderson.
[180] See _infra_, 154-56.
[181] Haywood to Steele, June 19, 1805. (MS. supplied by Professor Henderson.)
[182] _World's Work_, I, 395. This statement is supported by the testimony of Mr. Edward V. Valentine of Richmond, who has spent many years gathering and verifying data concerning Richmond and its early citizens. It is also confirmed by the Honorable James Keith, until recently President of the Court of Appeals of Virginia, and by others of the older residents of Richmond. For some opinions thus written, see chaps, IV, V, and VI of this volume.
[183] _Green Bag_, VIII, 484. Sympathetic Richmond even ordered the town clock and town bell m.u.f.fled. (Meade, II, 222.)
[184] Statements of two eye-witnesses, Dr. Richard Crouch and William F.
Gray, to Mr. Edward V. Valentine and by him related to the author.
[185] Accounts given Professor J. Franklin Jameson by old residents of Richmond, and by Professor Jameson to the author.
[186] Marshall to his wife, Was.h.i.+ngton, Feb. 16, 1818, MS.
[187] Same to same, March 12, 1826, MS.
[188] Same to same, Feb. 19, 1829, MS.
[189] Marshall to his wife, Was.h.i.+ngton, Jan. 30, 1831, MS.
[190] See _infra_, chap. X.
[191] Mrs. Marshall did not write to her children, it would seem. When he was in Richmond, the Chief Justice himself sent messages from her which were ordinary expressions of affection.
"Your mother is very much gratified with the account you give from yourself and Claudia of all your affairs & especially of your children and hopes for its continuance. She looks with some impatience for similar information from John. She desires me to send her love to all the family including Miss Maria and to tell you that this hot weather distresses her very much & she wishes you also to give her love to John & Elizabeth & their children." (Marshall to his son James K. Marshall, Richmond, July 3, 1827, MS.)
[192] See vol. I, footnote to 189, of this work.
[193] In Leeds Parish, near Oakhill, Fauquier County.
[194] Meade, II, 221-22.
[195] _Green Bag_, VIII, 487.
[196] Howe, 275-76.
[197] _Ib._
[198] This story was originally published in the _Winchester Republican_. The incident is said to have occurred at McGuire's hotel in Winchester. The newspaper account is reproduced in the Charleston (S.C.) edition (1845) of Howe's book, 275-76.
[199] Joseph Story in Dillon, III, 364-66.
[200] Martineau: _Retrospect of Western Travels_, I, 150.
[201] _North American Review_, XX, 444-45.
[202] Marshall to Story, Oct. 29, 1828, _Proceedings, Ma.s.sachusetts Historical Society_, 2d Series, XIV, 337-38.
