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THE

LIVES AND TIMES

OF

THE CHIEF JUSTICES

OF THE

Supreme Court of the United States.

BY

HENRY FLANDERS.

SECOND SERIES.

WILLIAM CUSHING-OLIVER ELLSWORTH-

JOHN MARSHALL.

PHILADELPHIA:

J. B. LIPPINCOTT & CO.
LONDON: TRÜBNER & CO.

1858.

Entered, according to Act of Congress, in the year 1857, by

HENRY FLANDERS,

in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania.

STEREOTYPED BY J. FAGAN.

PREFACE.

THE Chief Justices of the United States, with a single exception, were prominently engaged in the leading events of our history as a nation. They participated actively in the scenes of the Revolution, and assisted to lay the foundations of our government. Necessarily, therefore, the narrative of their lives must comprehend a wide compass of political and historical information. We have endeavored, however, to intermingle no more of such matter than would serve to illustrate the character and services of the men whose lives we have written, and the times in which they acted.

In preparing the present volume for the press, we have received material assistance from various sources, which has lightened our labours, and contributed much to whatever is valuable in their result.

The life of Cushing, from his entire devotion to the duties belonging to his station in the judiciary, and his consequent withdrawal from politics, furnished but scanty materials for the purposes of biography. Much interesting information, however, which public documents could not supply, was courteously placed in our hands by Mr. Charles C. Paine, of Boston. the venerable Dr. James Kendall, of Plymouth, Massachusetts, we are indebted for several interesting reminiscences, and to the Honorable Josiah Quincy, Sr.,

(v)

To

for a portraiture of his moral and intellectual characteristics. We are also under particular obligations to Mr. William S. Russell, the Recording Secretary of the Pilgrim Society at Plymouth.

The life of Ellsworth contains a number of his letters, hitherto unpublished, written while a member of the Continental Congress, and during his stay in England after the conclusion of his mission to France. They were placed at my disposal by the late Mr. Joseph Wood, of New Haven, a son-in-law of Chief Justice Ellsworth, who had prepared a biography of him on a very extensive plan, and which comprehends, it is believed, all of his correspondence that is now in existence. The reader will perceive that we are also indebted to Mr. Wood for several interesting facts and anecdotes.

Marshall's letters respecting his biography of Washington, were politely submitted to my use by Mr. James H. Castle, of the Philadelphia bar, who has preserved with praiseworthy care the extensive correspondence of Judges Washington and Marshall, relating to the publication of that work.

To Mr. Winthrop Sargent, who is well known to the public by his graceful history of Braddock's Expedition, and to his friends by his liberal culture and genial disposition, we are especially indebted for various information and many valuable suggestions.

PHILADELPHIA, Sept. 1, 1857.

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