[823] 4 Wheaton, 408-09.

[824] 4 Wheaton, 409-10.

[825] _Ib._ 411.

[826] "The Congress shall have Power ... to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Const.i.tution in the Government of the United States, or in any Department or Officer thereof."

(Const.i.tution of the United States, Article I, Section 8.)

[827] 4 Wheaton, 412.

[828] _Ib._ 413.

[829] See vol. II, 71, of this work.

[830] Vol. II, 72-74, of this work.

[831] 4 Wheaton, 414.

[832] 4 Wheaton, 415.

[833] _Ib._ 416-17.

[834] 4 Wheaton, 417-18.

[835] 4 Wheaton, 419-21.

[836] _Ib._ 421.

[837] _Ib._ 423.

[838] 4 Wheaton, 424-25.

[839] 4 Wheaton, 425-26.

[840] 4 Wheaton, 426.

[841] See _supra_, 158 _et seq._

[842] 4 Wheaton, 426.

[843] 4 Wheaton, 427.

[844] _Ib._ 429-30.

[845] 4 Wheaton, 431.

[846] _Ib._

[847] 4 Wheaton, 432-33.

[848] 4 Wheaton, 435-36.

[849] _Ib._ 437.

[850] Story to his mother, March 7, 1819, Story, I, 325-26.

[851] See _infra_, 420; also 325-27; 338-39, 534-37.

[852] Niles, XVI, 41-44.

[853] _Ib._ 68-76.

[854] See _infra_, chap. VIII.

[855] Niles, XVI, 65.

[856] See vol. III, 130-31, of this work.

[857] Niles, XVI, 65.

[858] _Ib._ 97. For instance, the _Natchez Press_, in announcing its intention to print Marshall's whole opinion, says that, if his doctrine prevails, "the independence of the individual states ... is obliterated at one fell sweep." No country can remain free "that tolerates incorporated banks, in any guise." (_Ib._ 210.)

[859] _Ib._ 103.

[860] _Ib._ 104.

[861] Niles, XVI, 105.

[862] Niles's attack on Marshall's opinion in M'Culloch _vs._ Maryland ran through three numbers. (See _ib._ 41-44; 103-05; 145-47.)

[863] See _supra_, 161-67.

[864] Marshall to Story, March 24, 1819, _Proceedings, Ma.s.s, Hist. Soc._ 2d Series, XIV, 324.

[865] See _supra_, 146.

[866] Enquirer, March 30, 1819, as quoted in _Branch Hist. Papers_, June, 1905, 52-53.

[867] _Branch Hist. Papers_, June, 1905, 51-63.

[868] _Enquirer_, April 2, 1819, as quoted in _Branch Hist. Papers_, June, 1905, 76. (Italics the author's.)

[869] _Enquirer_, April 20, 1819, as quoted in _ib._ 76.

[870] Marshall to Story, May 27, 1819, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 325.

[871] _Enquirer_, June 11, 1819, as quoted in _Branch Hist. Papers_, June, 1905, footnote to 77.

[872] _Enquirer_, June 11, 1819, as quoted in _Branch Hist. Papers_, June, 1905, 77-82.