in trial for misdemeanor,522.Madison, Bishop James, as professor at William and Mary,1,155.Madison, James, as statesman,1,32;in the Legislature,203;on post-Revolutionary Legislature,205,206;on amendment of constitutions,216;and British debts,226,228;and payment of Continental debt,235,440;and extradition bill,236,239;loses faith in democracy,252,300;on state of trade (1785),262;use of cipher,266n.;on community isolation,285;on demand for division of property,294;on spirit of repudiation,295,306;fear of paper money,297n.;on failure of requisitions,305n.;on economic basis of evils under Confederation,310,311;on need of uniform control of commerce,312;on need of negative on State acts,312;on opposition in Pennsylvania to Ratification,338;change of views,338,401,2,46,50,79;on Ratification contest in Massachusetts,1,339;on Hancock,339n.;on Massachusetts amendments,349;on contest in New Hampshire,355;and Randolph's attitude on Ratification,362,363,377;on delegates to the Virginia Convention,367;in Ratification Convention: and detailed debate,370;and offer of conciliation,384;on prospects of Convention,384,434,462;participation in debate deferred,384;characterized,394;in the debate in Convention,394,395,397,421,428,430-32,440,442,449,470;compared with Hamilton,397n.;on Oswald at Richmond,402;on opposition's policy of delay,434;on treaty-making power,442;and gradual consolidation,446;on Judiciary,449;on Judiciary debate,461,462;in contest over recommendatory amendments,473;on personal influence in Ratification,476;on Publicola papers,2,15n.,19;influence on, of popularity of French Revolution,20,27;on opposition after Ratification,45;defeated for Senate,49,50;elected to the House,50n.;attacks M. (1793),99,100;and M.'s integrity,140;and appointment to X. Y. Z. Mission,227,281;on X. Y. Z. dispatches,340;on Alien Act,382;Virginia Resolutions,399;address of the Legislature,400,401;and Adams's Cabinet,487;on Washington's and Adams's temperaments,487n.;on champagne,3,10n.;and Marburyvs.Madison,110,111,126;on declaring acts void,115n.,120n.;and Judiciary Act of 1789,129;and M.'s biography of Washington,228,229;and Miranda,300,301;and trial of Burr,390-92;and Andrew Jackson,405;and Ogden-Smith trial,436n.;and J. Q. Adams,541n.;on obligation of contracts,558n.,4,245;commission on Georgia cession,3,574n.;inauguration,585;and Fletchervs.Peck,593;and Olmstead case,4,21;Erskine incident,22;and Minister Jackson,23;and Napoleon's pretended revocation of decrees,26,36-39,48-50;War Message,29;M. proposed as opponent for Presidency (1812),31-34;dismisses Smith,34;and Hay's pamphlet on impressment,53;Jefferson and appointment of Tyler as District Judge,103-06;and successor to Justice Cushing,106-10;and first Bank of the United States,172;and second Bank,180;and attack on Judiciary,371,378;veto of Bonus Bill,417;Randolph's arraignment,419;on commerce clause,423n.;and American Colonization Society,474,476n.;in Virginia Constitutional Convention,484;conservatism there,489,507;and tenure of judges of abolished court,496,500;on Nullification,556;M. on it,557;later explanation of Virginia Resolves,557.Mail, conditions (c. 1790),1,264-66;secrecy violated,266.Maine, Sir Henry S., on Dartmouth College case,4,277.Maine, and Nullification,4,559.Majority, decrease in faith of rule by,1,252,253;rights,2,17;M. on rule,402.See alsoDemocracy; Government.Malaria, in Washington,3,6.Mandamus jurisdiction of Supreme Court in Judiciary Act of 1789, M.'s opinion of unconstitutionality,3,127,128,132,133;general acceptance of jurisdiction,128-30.Manhattan Company, Burr and charter,3,287n.Manufactures, M. on conditions in France (1797),2,267,268;effect of War of 1812,4,57.Marbury, William, Marburyvs.Madison,3,110.Marburyvs.Madison, underlying question,3,49,50,75,104-09,116,118,127,131,142;references to, in Judiciary debate (1802),61n.,63,78,80,86;expected granting of mandamus,62n.,90n.,112;arguments anticipated, M.'s knowledge of earlier statements,75,116-20,611-13;facts of case,110,111;as vehicle for assertion of constitutional authority of Judiciary, dilemma and its solution,111,126-33;dangers in M.'s course,111-14;M.'s personal interest,124,125;practical unimportance of case,125;hearing,125,126;M.'s opinion,133-42;right to commission,133-35;mandamus as remedy,135;unconstitutionality of Court's mandamus jurisdiction,136-38;declaring acts void,138-42;opinion and assault on Judiciary,143,153,155;Jefferson and opinion,143,144,153,431,432,4,363;little notice of decision,3,153-55;first citation,154n.Marietta, Ohio, and Burr conspiracy,3,312,324.Marine Corps, debate in Congress (1800),2,446-48.Markham, Elizabeth,1,14,16.Markham, Lewis,1,16.Marriage, Henry's plan for intermarriage of whites and Indians,1,240n.,241.Marryat, Frederick, on newspaper abuse,4,175n.;on Localism,191.Marsh, Charles, and Dartmouth College case,4,256,258.Marshall, Abraham, M.'s uncle,1,485.Marshall, Alexander, M.'s brother, birth,1,38n.Marshall, Ann, Mrs. Smith,1,485.Marshall, Charles, M.'s brother, birth,1,38n.Marshall, Charlotte, M.'s sister, birth,1,56n.Marshall, Edward C, M.'s son, birth,4,73n.;education,73.Marshall, Elizabeth (Markham), M.'s grandmother,1,14,16;bequest in husband's will,485,486.Marshall, Elizabeth, M.'s sister, birth,1,34n.Marshall, Elizabeth, acknowledgment to,4,528n.Marshall, Hester (Morris),2,203.Marshall, Humphrey, as delegate to Ratification Convention,1,320;on popular fear of Constitution,321n.;votes for ratification,411n.;and Jay Treaty,2,118;and Burr conspiracy,3,315,317;on Embargo and secession,4,17.Marshall, Jacquelin A., M.'s son, birth,1,190n.,4,73n.;education,73.Marshall, James K., M.'s son, birth,2,453,4,73n.;education,73;M.'s home with,528.Marshall, James M., M.'s brother, birth,1,38n.;M. helps,197;and imprisonment of Lafayette,2,33;and Fairfax estate,100,203-11;and M.'s business affairs,173n.;marriage to Morris's daughter,203;and M. in Europe,232n.;staff office in French War,357;Federal appointment as nepotism,560n.;witness in Marburyvs.Madison,3,126.See alsoMartinvs.Hunter's Lessee.Marshall, Jane, M.'s sister, birth,1,56n.;M. and love affair,2,174,175;marriage,175n.Marshall, John, M.'s grandfather, career,1,12,13;will,485;deed from William Marshall,487,488.Marshall, John, M.'s uncle,1,485.Marshall, John,early years and private life:birth,1,6;Randolph and Isham ancestry,10;similarity in conditions of Jefferson's birth,11n.;Marshall ancestry, real and traditional,12-16;Keith ancestry,16;boyhood homes and migrations,33-37,55;boyhood life,38-41;education,42,53,57;and his father,42;reading, Pope's poems,44-46;training in order,45;influence of Lord Fairfax on training,49n.;influence of James Thompson,54;reads Blackstone,56;to be a lawyer,56;military training,56;training from father's service as burgess,65,66;drilling master for other youths,70;patriotic speeches (1775),72;at battle of Great Bridge,76,78;lieutenant in the line,79,91;on militia during the Revolution,85,100;military promotions,91,138;spirit as army officer,91;in Brandywine campaign,93-97;in the retreat,99;in battle of Germantown,102;cheerful influence at Valley Forge,117-19,132;Deputy Judge Advocate,119;judicial training in army,119;in Monmouth campaign,135,137;on Lee at Monmouth,137;Stony Point,139,140;Pawles Hook,142;inaction, awaiting a command,143,161;and Arnold's invasion,144;meeting with future wife, courting, relations with Ambler family,152-54,159-61,163;at William and Mary, extent of law studies,154,155,160,161,174-76;in Phi Beta Kappa,158;in debating society,159;licensed to practice law,161;resigns commission,162;walks to Philadelphia to be inoculated,162;marriage,165,166;financial circumstances at time of marriage,166-69;slaves,167,180;social effect of marriage,170;first Richmond home,170;lack of legal equipment,173,176;early account books,176-81,184-90,197;early fees and practice,177,181,184,187,190,196;children,179,190,2,370n.,453,4,72-74;and Gallatin (1784),1,183;buys military certificates,184;Fauquier land from father,186;as a Mason,187,2,176;City Recorder,1,188;later Richmond home and neighbors,189,2,171;first prominent case, Hitevs.Fairfax,1,191-96;employed by Washington,196;buys Fauquier land,196;Robert Morris's lawyer,401n.;list of cases,567-70;and James River Company,2,56;profits from legal practice,169-71,201;and new enterprises,174;method as pleader,177-82,192-96;extent of legal knowledge,178;neglect of precedents,179;statement of cases,180,181;character of cases,181;in Warevs.Hylton, on British debts,186-92;and Robert Morris, investments,199,200;Fairfax estate,203-11,371,372,3,223,224,4,148-50,150n.,152,157;financial reasons for accepting X. Y. Z. Mission,2,211-13;biography of Washington (seeBiography);as Beaumarchais's attorney,292;interest in stability of contracts,3,582;life in Washington,4,80,81;illness, operation for stone,518,520-24,528;will,525n.;later residence,527;decline,586,587;death,587;escort of body to Richmond,588;funeral,588;inscription on tomb,593.Virginia Legislature, Ratification, and later State affairs:elections to Legislature,1,164,202,211,212,228,242,2,54,130,159;character as legislator,1,202;committee appointments and routine work,204,213,218,368,2,54-56,141;first votes,1,204;on character of Legislature,206-08;elected to Council of State,209;election resented, forced out,209,211,212;political importance of membership in Council,209n.,210;and Revolutionary veterans,213;and relief for Thomas Paine,213;and loyalists,214;on amendment of Constitution,216;and Potomac Company,218;and chancery bill (1787),218-20;indifference to religious freedom question,220,222;and British debts,222,225-31;and Continental debt and navigation acts,234,235;and extradition bill,240;and intermarriage of whites and Indians,240n.,241;and calling of Ratification Convention,242,246,247;on Shays's Rebellion,298,299,300n.,302;practical influences on stand for Ratification,313,314;on opposition to Ratification,356;candidacy for Ratification Convention,364;importance in the Convention,367;in the Convention: study,391;on Philips attainder case,393n.,411;social influence in Convention,409;in the debate,409-20,436-38,450-61;on necessity of well-ordered government,409-11;on navigation of the Mississippi,411;on necessity of delegated powers,412,413;on Federal taxation,413-16,419;on amendments,412,418;on control of militia and preparedness,436-38;on concurrent powers,436;and Henry,438,464;on Federal Judiciary,450-61;on independence of Judiciary,451,459;on declaring acts void,452,453,2,18;on suits against States,1,454;on discretion in Congress,454;on other jurisdiction,455;on jury trial,456,457;of committee on amendments,477;on opposition after Ratification,2,45n.;survey and report on Virginia internal improvements,4,42-45;and Bank of Virginia incident,194;election to Constitutional Convention,467;attitude on issues there,468,470,471,488,507,508;standing there,489;in debate on Judiciary,489-501;and on suffrage,502;anticipates split of Virginia,571.Federal affairs:relationship with Jefferson,1,9;on early approbation of French Revolution,2,4;on St. Domingo negro insurrection,20,21;on popular enthusiasm for French Revolution,22,23;on conservative American opinion,23;and imprisonment of Lafayette,32-34;and democratic societies,41;on origin of State Rights contest,48;and Madison's candidacy for Senate,50;declines Federal appointments,53;and first amendments,58;and attack on assumption,65,66;continued popularity,78;Jefferson's attempt to sidetrack him (1792),79-81;refuses to stand for Congress (1792),81;on opposition to Federal excise,87;and Whiskey Insurrection,89,90;Brigadier-General of Militia,90;on assault on Neutrality Proclamation,93,94,96;support of policy of neutrality,97-99,235,387,402,403,507-09;first Republican attacks on,98-103;and post at New Orleans (1793),99;attacks on character,101-03,409,410;military enforcement of neutrality,103-06;on British depredations on neutral trade (1794),108;on retention of frontier posts,111;leader of Virginia Federalists,122;refuses Cabinet offers,122,123,147;advises on Cabinet appointments,124-26,132;defense of Jay Treaty,126,129n.;and Jay Treaty resolutions of Legislature,133-37;on treaty-making power (1795),134-36;and Legislature's indirect censure of Washington,138,140;Jefferson's accusation of hypocrisy (1795),139,140;and proposed amendments,141;declines French mission (1796),144-46;and Richmond meeting on Jay Treaty,149-55;sounds Henry on presidential candidacy (1796),156-58;and Virginia address to Washington (1796),159-62;growth of the Jefferson feud,165;and Federalist leaders (1796),198;declines Jay Treaty commissionship,200-02;X. Y. Z. Mission [seethis title];on John Adams (1797),214;Adams on,218;on The Hague,231;on 18th Fructidor,232,236-44;on conditions in Holland (1797),233-35;on conditions at Antwerp,246,247;on French economic conditions,267-70;on Treaty of Campo Formio,271;on French military and financial conditions,321-23;on liberty and excess of press,331;refuses Associate Justiceship,347,378,379;beginning of Jefferson's open warfare,358;Washington persuades him to run for Congress (1798),374-78;Republican attacks on candidacy, M. on attacks,379,395,396,407,409,410;on expediency of Alien and Sedition Acts,386,388,389,3,106;answers to queries on principles,2,386-89,574-77;Federalists on views on Alien and Sedition Acts,389-94,406;on motives of Virginia Republicans,394,407;address of minority of Virginia Legislature,402-06;on rule of the majority,402;on preparedness,403,476-80,531;attack on Virginia Resolutions,404;on constitutionality of Alien and Sedition Acts,404;electioneering,409;defeat expected,410;effect of Henry's support,410-13;at the polls,413-16;elected,416;Washington's congratulations,416;