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For the legislative nullification of such measures proposed by the Virginia and Kentucky resolutions is thus substituted judicial nullification by the local judiciaries. In Martin vs. Hunter's Lessee, * which was decided in February, 1816, Story, speaking for the Court, undertook to answer Roane.
Trustees of Shelby College, 2 Metc. Brass v. North Dakota, 133 U.S. 391. The Federalist, No. 60th Congress, 2d Session, Senate, Report No. 848, Adverse Report by Mr. Nelson, Amending Anti-trust Act, January 26, 1909, page 11. Standard Oil Company v. United States, 221 U.S. 1. United States v. American Tobacco Company, 221 U.S. 191, 192. To Spencer Roane, Sept. 6, 1819, Ford, 10, 141.
Roane, of Virginia, asks, "Is there an intelligent man who does not know that this excess of slavery is increasing, and will continue to increase in a ratio which is alarming in the extreme, and must overwhelm our descendants in ruin? Why then should we shut our eyes and turn our backs upon the evil?
The vote upon the Resolution stood as follows: Yeas. Messrs. Allen, Bayard, Benton, Black, Buchanan, Brown, Calhoun, Clay, of Alabama, Clay, of Kentucky, Clayton, Crittenden, Cuthbert, Fulton, Grundy, Hubbard, King, Lumpkin, Lyon, Nicholas, Niles, Norvell, Pierce, Preston, Rives, Roane, Robinson, Sevier, Smith, of Connecticut, Strange, Tallmadge, Tipton, Walker, White, Williams, Wright, Young.
With the exception of the interrupting years of the war of 1813-14, and of a short period, during which he represented this city in the Legislature on a special occasion, he practised his profession with the honor and success that were to have been expected from one who was, while yet a young man, pronounced by Judge Marshall and Judge Roane to be unsurpassed, if equalled, by any competitor of his day.
Every eye yet gazed entranced on Henry. It seemed as if a word from him would have led to any wild explosion of violence. Men looked beside themselves." The second traditional description of the speech is here given from a manuscript of Edward Fontaine, who obtained it in 1834 from John Roane, who himself heard the speech.
Kennedy, Life of Wirt, i. 345. Spencer Roane, MS. Elliot, Debates, iii. 187. Ibid. iii. 406, 104, 248, 177. St. George Tucker, MS. Elliot, Debates, iii. 580. St. George Tucker, MS. Elliot, Debates, iii. 625. Wirt, 296-297. Also Spencer Roane, MS.
To take out one's memorandum-book and make a sketch of a charming prospect, was the usual thing before the camera was invented. "Before I went to bed I took a landscape of this pleasant terrace," says Evelyn in Roane. At Tournon, where he saw a very strong castle under a high precipice, "The prospect was so tempting that I could not forbear designing it with my crayon."
Roane likewise remarked, "I think slavery as much a correlative of liberty as cold is of heat. History, experience, observation and reason, have taught me that the torch of liberty has ever burned brighter when surrounded by the dark and filthy, yet nutritious atmosphere of slavery! I do not believe in the fanfaronade that all men are by nature equal.
In the mind of each the curtain strangely lifted, not upon Richmond or Fontenoy or the Court House at Charlottesville, but upon a long past day and the Albemarle woods and two boys gathering nuts together. This lasted but an instant, then Cary spoke. "In that letter, Judge Roane, 'Aurelius' had no thought of Aaron Burr.
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