One Justice had been injured in an upsetting of a stagecoach, another was ill, and a third was beset by the infirmities of age. As a consequence of these and other mishaps, the 1829 term of the Supreme Court got off to a belated start. Those who sought omens might well see in such individual misfortunes the foreshadowing of an institutional adversity, and certainly nothing in the approaching inauguration of Andrew Jackson offered much comfort to the philosophy of the Marshall Court. Indeed, a deep sense of judicial apprehension had already been suggested by the unavailing efforts of the individual members of that Court to ward off the Jacksonian victory.
Thus, Chief Justice Marshall in a well-publicized action voted for the first time in twenty years, and his ballot obviously was cast for John Quincy Adams rather than for Andrew Jackson. Justice Smith Thompson had been even more overt. Remaining on the Court, he had run for governor of New York with the avowed purpose of carrying the Adams ticket to victory and had come within a hairbreadth of doing so. Justice Bushrod Washington had openly participated in a convention of Adams men in Virginia. Alongside this activism, Story's pamphleteering book re-