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Collected here are correspondence, papers, and legal documents--including selected judicial opinions--of American jurist John Marshall. Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court's fourth Chief Justice. In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench. The documents presented in these volumes--with introductory material and notes--shed light not only on Marshall's life and thought but on the evolution of American jurisprudence as well.
This volume marks the continuation of the first annotated edition of the papers of John Marshall, the great statesman and jurist. The Supreme Court's most celebrated case during these years was Cohens v. Virginia (1821). What began as a prosecution for the sale of lottery tickets eventually brought forth a major statement on the scope and extent of federal judicial power from Chief Justice Marshall. Like McCulloch v. Maryland (1819), the Cohens decision provoked the wrath of the guardians of states' rights in Virginia. As his correspondence shows, Marshall was deeply concerned that the reaction to Cohens and other nationalizing decisions would translate into proposals to curb the Supreme Court's powers. Besides chronicling Marshall's judicial activities, this volume yields illuminating glimpses into his private interests and family life. When not sitting in court, Marshall was busy revising his Life of Washington and preparing an edition of General Washington's letters.
Sponsored by the College of William and Mary and the Institute of Early American History and Culture under the auspices of the National Historical Publications Commission.
This twelfth volume of The Papers of John Marshall concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his last years than from any other period of his life. Nullification, the Cherokee cases, the bank bill, the election of 1832, the anti-Masonic movement, slavery, and African colonization are among the topics that prompted Marshall's comments and reflections. Family letters provide intimate details of Marshall's 1831 operation for the removal of bladder stones, his companionate marriage to "dearest Polly" (who died at the end of 1831), and his relationships with his children and grandchildren. Judicial opinions published here in full include Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832). Major editorial notes set forth the background and circumstances of these celebrated cases.
Sponsored by the College of William and Mary and the Institute of Early American History and Culture under the auspices of the National Historical Publications Commission.
Papers of John Marshall: Vol. V: Selected Law Cases, 1784-1800
Papers of John Marshall: Vol. VI: Correspondence, Papers, and Selected Judicial Opinions, November 1800-March 1807
Collected here are correspondence, papers, and legal documents--including selected judicial opinions--of American jurist John Marshall. Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court's fourth Chief Justice. In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench. The documents presented in these volumes--with introductory material and notes--shed light not only on Marshall's life and thought but on the evolution of American jurisprudence as well.
Sponsored by the College of William and Mary and the Institute of Early American History and Culture under the auspices of the National Historical Publications Commission.