United States Reports, 1, 43; Dorr _vs._ United States, 195
United States Reports, 138, 141.]

Marshall's was the last appointment made to the Supreme bench
from the Federalist party. It was not many years before that
party disappeared from the face of the earth. Jefferson put
three men there representing the other school of political
doctrine,[Footnote: Among Jefferson's papers is a description of
five men whom he especially considered with reference to filling
the first vacancy which occurred during his administration.
Politics figures largely in the sketch of each. As to William
Johnson, whom he selected, it is noted that he is of "republican
convictions and of good nerves in his political principles."
American Historical Review, III, 282.] and his appointments were
followed by others of a similar nature, until in 1830, after
Mr. Justice Baldwin had taken his seat, it became evident that
the nationalizing tendencies which the great Chief Justice from
the beginning of the century had impressed upon its opinions were
likely soon to cease. He apprehended himself that the court
would come to decline jurisdiction in the cases ordinarily
presented over writs of error to reverse the judgments of State
courts.[Footnote: Proceedings: Massachusetts Historical Society,
2d Series, XIV, 342.] In the following year he thought seriously
of resigning. He disliked, he wrote to Mr. Justice Story, to
leave him almost alone to represent the old school of thought,
but he adds, "the solemn convictions of my judgment, sustained by
some pride of character, admonish me not to hazard the disgrace
of continuing in office a mere inefficient pageant."[Footnote:
Proceedings Massachusetts Historical Society, 2d Series, XIV,
347.]