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The Life of John Marshall, Volume 2

Note 1269 — Chapter XII

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Monroe to Jefferson, Jan. 18, 1801; Monroe's Writings: Hamilton, iii, 256. An article signed "Horatius" in the Washington Federalist of Jan. 6, 1801, stated this position with great ability. The argument is able and convincing; and it is so perfectly in Marshall's method of reasoning and peculiar style of expression that his authorship would appear to be reasonably certain.

"Horatius's" opinion concluded that the power of Congress "is completely adequate ... to provide by law for the vacancy that may happen by the removal of both President and Vice President on the 3d of March next, and the non-election of a successor in the manner prescribed by the constitution."

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