[5] Flanders, _Lives of the Chief Justices_, ii. 291. [6] His youngest son, Edward Carrington Marshall, graduated at Harvard in 1826. [7] Only six of his children grew to full age. See his touching letter to Judge Story of June 26, 1831: “You ask me if Mrs. Marshall and myself have ever lost a child. We have lost four,” etc.--_Proceedings of the Mass. Hist. Soc._ (2d series) xiii. 345. [8] Richard Anderson, father of Robert Anderson, the hero of Fort Sumter. See Marion Harland’s _Old Colonial Homesteads_, 97. [9] But see Mrs. Hardy, in _The Green Bag_, viii. 482. [10] _Old Churches and Families of Virginia_, ii. 105. [11] It was given by another judge. [12] Mr. Justice Gray preserves this fact in his address on Marshall. His commission bore the same date with that of Chief Justice Jay, September 26, 1789,--two days after the approval of the Judiciary Act. [13] See Wait’s _State Papers_, iii. 165-304. [14] _The Green Bag_, viii. 482. [15] Paulding’s _Life of Washington_, ii. 191; _Lippincott’s Magazine_, ii. 624, 625. [16] In an amusing account of this election (Munford’s _The Two Parsons_), we are told that the sheriff presided, with the two candidates, Marshall and John Clopton, seated on the justice’s bench. The voter, being asked for whom he voted, gave the name of his candidate; and the latter thanked him; _e.g._, “Your vote is appreciated, sir,” said Marshall to his friend Parson Blair. For an account of the same method of conducting elections in Virginia at a later period, see John S. Wise’s _The End of an Era_. [17] “The masterly and conclusive argument of John Marshall in the House of Representatives. 8 Stat. 129; Wharton’s State Trials, 392; Bee [Reports], 286; 5 Wheat. appendix 3.”--Gray, J., speaking for the Supreme Court of the United States, in Fong Yue Ting _v._ U. S., 149 U. S. 698, 714. This speech is also found in Moore’s _American Eloquence_, ii. 7. [18] The President had written to the Secretary of State from Quincy, May 21, 1799: “How far the President of the United States would be justified in directing the judge to deliver up the offender is not clear. I have no objection to advise, and request him to do so.” Wharton’s State Trials, 418. [19] The short “autobiography” before referred to (_ante_, p. 10, n.) ends thus: “I have written no book except the ‘Life of Washington,’ which was executed with so much precipitation as to require much correction.” [20] Van Santvoord, _Lives of the Chief Justices_, 343, n. [21] Coxe, _Jud. Power_, 95-102; Thayer’s _Cases on Constitutional Law_, i. 146-149. [22] Eakin _v._ Raub, 12 Sergeant & Rawle, 330.