Page:The Supreme Court in United States History vol 1.djvu/539

Rh of error was at once taken to the United States Supreme Court, where it was docketed on September 18, 1818. Six of the greatest lawyers in the country were re- tained for its argiunent — William Pinkney, Daniel Webster and United States Attorney-General William Wirt, in behalf of the Bank, and Luther Martin, Jo- seph Hopkinson of Philadelphia, and Walter Jones of Washington, for the State. Beginning on February 22, 1819, the argument proceeded for nine days as follows : Webster opened for the Bank and Hopkinson for the State; Hopkinson spoke all day, February 28; on February 24, Wirt argued for the Bank and Jones for the State; on February 25, Jones finished his argument, and Martin began his long argument which lasted through Friday and Saturday, February 26 and 27, Of Martin's effort. Judge Story later narrated that he ended by saying that he had one last authority which he thought the Court would ad- mit to be conclusive, and he then read from the reports of Marshall's own speeches in the debates in the Vir- ^ ginia convention when the adoption of the Constitution was discussed, whereupon, said Story, Marshall drew a long breath, with a sort of sigh. After the Court adjourned, he rallied the Chief Justice on his uneasi- ness, and asked him why he sighed: to which Mar- shall replied, " Why, to tell you the truth, I was afraid I had said some foolish things in the debate; but it was not so bad as I expected." ^ On Monday, March 1, Pinkney began the argument which was to prove the greatest effort of his life, consuming three full days, ending on March 3, and described by Judge Story in a letter written on the last day: "I never, in my whole life, heard a greater speech ; it was worth

1 Life of Alexander H, SUphms (1888), by Richard M. Johnson and William Hand Browne, 183. Stephens by mistake stated that the counsel was Chapman Johnson of Maryland, instead of Luther Martin.