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Advanced SQL Database Programmers
Handbook

Donald K. Burleson
Joe Celko
John Paul Cook
Peter Gulutzan
Advanced SQL Database Programmers
Handbook
By Donald K. Burleson, Joe Celko, John Paul Cook, and
Peter Gulutzan
Copyright © 2003 by BMC Software and DBAzine. Used with permission.

Printed in the United States of America.

Series Editor: Donald K. Burleson

Production Manager: John Lavender

Production Editor: Teri Wade

Cover Design: Bryan Hoff

Printing History:

August, 2003 for First Edition

Oracle, Oracle7, Oracle8, Oracle8i and Oracle9i are trademarks of Oracle Corporation.

Many of the designations used by computer vendors to distinguish their products are
claimed as Trademarks. All names known to Rampant TechPress to be trademark names
appear in this text as initial caps.

The information provided by the authors of this work is believed to be accurate and
reliable, but because of the possibility of human error by our authors and staff, BMC
Software, DBAZine and Rampant TechPress cannot guarantee the accuracy or
completeness of any information included in this work and is not responsible for any
errors, omissions or inaccurate results obtained from the use of information or scripts in
this work.

Links to external sites are subject to change; DBAZine.com, BMC Software and
Rampant TechPress do not control or endorse the content of these external web sites,
and are not responsible for their content.

ISBN 0-9744355-2-X

iii
Table of Contents
Conventions Used in this Book ....................................................vii
About the Authors ...........................................................................ix
Foreword.............................................................................................x
Chapter 1 - SQL as a Second Language................................. 1
Thinking in SQL by Joe Celko ........................................................1
Chapter 2 - SQL View Internals.............................................7
SQL Views Transformed by Peter Gulutzan ................................7
Syntax ..................................................................................................7
Cheerful Little Fact #1:................................................................8
Cheerful Little Fact #2:................................................................8
View Merge.........................................................................................9
Table1 .......................................................................................... 10
The Small Problem with View Merge ......................................... 12
Temporary Tables........................................................................... 13
Permanent Materialized Views ..................................................... 15
UNION ALL Views ...................................................................... 17
Alternatives to Views ..................................................................... 19
Tips ................................................................................................... 20
References........................................................................................ 21
Chapter 3 - SQL JOIN ......................................................... 24
Relational Division by Joe Celko ................................................. 24
Chapter 4 - SQL UNION..................................................... 28
Set Operations by Joe Celko......................................................... 28
Introduction..................................................................................... 28
Set Operations: Union ................................................................... 29
Chapter 5 - SQL NULL ....................................................... 34
Selection by Joe Celko ................................................................... 34
Introduction..................................................................................... 34
The Null of It All............................................................................ 34
iv SQL Database Programmers Handbook
 Defining a Three-valued Logic..................................................... 36
Wonder Shorthands ....................................................................... 36
Chapter 6 - Specifying Time ................................................ 38
Killing Time by Joe Celko ............................................................. 38
Timing is Everything...................................................................... 38
Specifying "Lawful Time" ............................................................. 40
Avoid Headaches with Preventive Maintenance ....................... 41
Chapter 7 - SQL TIMESTAMP datatype ............................ 42
Keeping Time by Joe Celko .......................................................... 42
Chapter 8 - Internals of the IDENTITY datatype Column. 46
The Ghost of Sequential Processing by Joe Celko.................... 46
Early SQL and Contiguous Storage............................................. 46
IDENTITY Crisis .......................................................................... 47
Chapter 9 - Keyword Search Queries ................................... 50
Keyword Searches by Joe Celko................................................... 50
Chapter 10 - The Cost of Calculated Columns..................... 54
Calculated Columns by Joe Celko................................................ 54
Introduction..................................................................................... 54
Triggers ........................................................................................ 55
INSERT INTO Statement ....................................................... 57
UPDATE the Table................................................................... 58
Use a VIEW................................................................................ 58
Chapter 11 - Graphs in SQL ................................................. 60
Path Finder by Joe Celko .............................................................. 60
Chapter 12 - Finding the Gap in a Range ............................ 66
Filling in the Gaps by Joe Celko .................................................. 66
Chapter 13 - SQL and the Web ............................................ 71
Web Databases by Joe Celko........................................................ 71
Chapter 14 - Avoiding SQL Injection................................... 76
Table of Contents v
 SQL Injection Security Threats by John Paul Cook ................. 76
Creating a Test Application........................................................... 76
Understanding the Test Application............................................ 78
Understanding Dynamic SQL ...................................................... 79
The Altered Logic Threat.............................................................. 80
The Multiple Statement Threat .................................................... 81
Prevention Through Code ............................................................ 83
Prevention Through Stored Procedures ..................................... 84
Prevention Through Least Privileges .......................................... 85
Conclusion ....................................................................................... 85
Chapter 15 - Preventing SQL Worms................................... 87
Preventing SQL Worms by John Paul Cook.............................. 87
Finding SQL Servers Including MSDE ...................................... 87
Identifying Versions ....................................................................... 90
SQL Security Tools ........................................................................ 92
Preventing Worms.......................................................................... 92
MSDE Issues................................................................................... 93
.NET SDK MSDE and Visual Studio .NET ............................. 94
Application Center 2000................................................................ 95
Deworming...................................................................................... 95
Baseline Security Analyzer............................................................. 95
Conclusion ....................................................................................... 96
Chapter 16 - Basic SQL Tuning Hints................................. 97
SQL tuning by Donald K. Burleson............................................ 97
Index .................................................................................... 99

vi SQL Database Programmers Handbook

Conventions Used in this Book
It is critical for any technical publication to follow rigorous
standards and employ consistent punctuation conventions to
make the text easy to read.

However, this is not an easy task. Within Oracle there are

many types of notation that can confuse a reader. Some Oracle
utilities such as STATSPACK and TKPROF are always spelled
in CAPITAL letters, while Oracle parameters and procedures
have varying naming conventions in the Oracle documentation.
It is also important to remember that many Oracle commands
are case sensitive, and are always left in their original executable
form, and never altered with italics or capitalization.

Hence, all Rampant TechPress books follow these conventions:

Parameters - All Oracle parameters will be lowercase italics.

Exceptions to this rule are parameter arguments that are
commonly capitalized (KEEP pool, TKPROF), these will be
left in ALL CAPS.
Variables – All PL/SQL program variables and arguments will
also remain in lowercase italics (dbms_job, dbms_utility).
Tables & dictionary objects – All data dictionary objects are
referenced in lowercase italics (dba_indexes, v$sql). This
includes all v$ and x$ views (x$kcbcbh, v$parameter) and
dictionary views (dba_tables, user_indexes).
SQL – All SQL is formatted for easy use in the code depot,
and all SQL is displayed in lowercase. The main SQL terms
(select, from, where, group by, order by, having) will always
appear on a separate line.

Conventions Used in this Book vii

 Programs & Products – All products and programs that are
known to the author are capitalized according to the vendor
specifications (IBM, DBXray, etc). All names known by
Rampant TechPress to be trademark names appear in this
text as initial caps. References to UNIX are always made in
uppercase.

viii SQL Database Programmers Handbook

About the Authors
Donald K. Burleson is one of the world’s top Oracle Database
experts with more than 20 years of full-time DBA
experience. He specializes in creating database architectures
for very large online databases and he has worked with some
of the world’s most powerful and complex systems. A
former Adjunct Professor, Don Burleson has written 15
books, published more than 100 articles in national
magazines, serves as Editor-in-Chief of Oracle Internals and
edits for Rampant TechPress. Don is a popular lecturer and
teacher and is a frequent speaker at Oracle Openworld and
other international database conferences.
Joe Celko was a member of the ANSI X3H2 Database
Standards Committee and helped write the SQL-92
standards. He is the author of over 450 magazine columns
and four books, the best known of which is SQL for Smarties
(Morgan-Kaufmann Publishers, 1999). He is the Vice
President of RDBMS at Northface University in Salt Lake
City.
John Paul Cook is a database and .NET consultant. He also
teaches .NET, XML, SQL Server, and Oracle courses at
Southern Methodist University's location in Houston, Texas.
Peter Gulutzan is the co-author of one thick book about the
SQL Standard (SQL-99 Complete, Really) and one thin book
about optimization (SQL Performance Tuning). He has written
about DB2, Oracle, and SQL Server, emphasizing portability
and DBMS internals, in previous dbazine.com articles. Now
he has a new job: he works for the "Number Four" DBMS
vendor, MySQL AB.

About the Authors ix

Foreword
SQL programming is more important than ever before. When
relational databases were first introduced, the mark of a good
SQL programmer was someone who could come up with the
right answer to the problems as quickly as possible. However,
with the increasing importance of writing efficient code, today
the SQL programmer is also charged with writing code quickly
that also executes in optimal fashion. This book is dedicated to
SQL programming internals, and focuses on challenging SQL
problems that are beyond the scope of the ordinary online
transaction processing system. This book dives deep into the
internals of Oracle programming problems and presents
challenging and innovative solutions to complex data access
issues.

This book has brought together some of the best SQL experts
to address the important issues of writing efficient and cohesive
SQL statements. The topics include using advanced SQL
constructs and how to write programs that utilize complex
SQL queries. Not for the beginner, this book explores
complex time-based SQL queries, managing set operations in
SQL, and relational algebra with SQL. This is an indispensable
handbook for any developer who is challenged with writing
complex SQL inside applications.

x SQL Database Programmers Handbook

Another Random Scribd Document
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impressed. (Roosevelt, footnote to 42.)
"Hundreds of American citizens had been taken by force from
under the American flag, some of whom were already lying
beneath the waters off Cape Trafalgar." (Adams: U. S. iii, 202.)
See also Babcock: Rise of American Nationality, 76-77; and
Jefferson to Crawford, Feb. 11, 1815, Works: Ford, XI, 451.

[25] See Channing: Jeff. System, 184-94. The principal works

on the War of 1812 are, of course, by Henry Adams and by Alfred
Mahan. But these are very extended. The excellent treatments of
that period are the Jeffersonian System, by Edward Channing,
and Rise of American Nationality, by Kendric Charles Babcock,
and Life and Letters of Harrison Gray Otis, by Samuel Eliot
Morison. The latter work contains many valuable letters hitherto
unpublished.

[26] But see Jefferson to Madison, Aug. 27, 1805, Works: Ford,
x, 172-73; same to Monroe, May 4, 1806, ib. 262-63; same to
same, Oct. 26, 1806, ib. 296-97; same to Lincoln, June 25, 1806,
ib. 272; also see Adams: U.S. iii, 75. While these letters speak of
a temporary alliance with Great Britain, Jefferson makes it clear
that they are merely diplomatic maneuvers, and that, if an
arrangement was made, a heavy price must be paid for America's
coöperation.
Jefferson's letters, in general, display rancorous hostility to
Great Britain. See, for example, Jefferson to Paine, Sept. 6, 1807,
Works: Ford, x, 493; same to Leib, June 23, 1808, ib. xi, 34-35;
same to Meigs, Sept. 18, 1813, ib. 334-35; same to Monroe, Jan.
1, 1815, ib. 443.

[27] Jefferson to Dearborn, July 16, 1810, ib. 144.

[28] Annals, 9th Cong. 1st Sess. 1259-62; also see "An Act to
Prohibit the Importation of Certain Goods, Wares, and
Merchandise," chap. 29, 1806, Laws of the United States, iv, 36-
38.

[29] See vol. iii, 475-76, of this work.

[30] Jefferson's Proclamation, July 2, 1807, Works: Ford, x,

434-47; and Messages and Papers of the Presidents: Richardson,
i, 421-24.
 [31] "This country has never been in such a state of excitement
since the battle of Lexington." (Jefferson to Bowdoin, July 10,
1807, Works: Ford, x, 454; same to De Nemours, July 14, 1807,
ib. 460.)
For Jefferson's interpretation of Great Britain's larger motive for
perpetrating the Chesapeake crime, see Jefferson to Paine, Sept.
6, 1807, ib. 493.

[32] Adams: U.S. iv, 38.

[33] Lowell: Peace Without Dishonor—War Without Hope: by "A

Yankee Farmer," 8. The author of this pamphlet was the son of
one of the new Federal judges appointed by Adams under the
Federalist Judiciary Act of 1801.

[34] See Peace Without Dishonor—War Without Hope, 39-40.

[35] Giles to Monroe, March 4, 1807; Anderson: William Branch

Giles—A Study in the Politics of Virginia, 1790-1830, 108.
Thomas Ritchie, in the Richmond Enquirer, properly denounced
the New England Federalist headquarters as a "hot-bed of
treason." (Enquirer, Jan. 24 and April 4, 1809, as quoted by
Ambler: Thomas Ritchie—A Study in Virginia Politics, 46.)

[36] Adams: U.S. iv, 41-44, 54.

[37] Jefferson to Leiper, Aug. 21, 1807, Works: Ford, x, 483-84.

Jefferson tenaciously clung to his prejudice against Great
Britain: "The object of England, long obvious, is to claim the
ocean as her domain.... We believe no more in Bonaparte's
fighting merely for the liberty of the seas, than in Great Britain's
fighting for the liberties of mankind." (Jefferson to Maury, April
25, 1812, ib. xi, 240-41.) He never failed to accentuate his love
for France and his hatred for Napoleon.

[38] "During the present paroxysm of the insanity of Europe,

we have thought it wisest to break off all intercourse with her."
(Jefferson to Armstrong, May 2, 1808, ib. 30.)

[39] "Three alternatives alone are to be chosen from. 1.

Embargo. 2. War. 3. Submission and tribute, &, wonderful to tell,
the last will not want advocates." (Jefferson to Lincoln, Nov. 13,
1808, ib. 74.)

[40] See Act of December 22, 1807 (Annals, 10th Cong. 1st
Sess. 2814-15); of January 9, 1808 (ib. 2815-17); of March 12,
1808 (ib. 2839-42); and of April 25, 1808 (ib. 2870-74); Treasury
Circulars of May 6 and May 11, 1808 (Embargo Laws, 19-20, 21-
22); and Jefferson's letter "to the Governours of Orleans, Georgia,
South Carolina, Massachusetts and New Hampshire," May 6, 1808
(ib. 20-21).
Joseph Hopkinson sarcastically wrote: "Bless the Embargo—
thrice bless the Presidents distribution Proclamation, by which his
minions are to judge of the appetites of his subjects, how much
food they may reasonably consume, and who shall supply them
... whether under the Proclamation and Embargo System, a child
may be lawfully born without a clearing out at the Custom
House." (Hopkinson to Pickering, May 25, 1808, Pickering MSS.
Mass. Hist. Soc.)

[41] Professor Channing says that "the orders in council had

been passed originally to give English ship-owners a chance to
regain some of their lost business." (Channing: Jeff. System,
261.)

[42] Indeed, Napoleon, as soon as he learned of the American

Embargo laws, ordered the seizure of all American ships entering
French ports because their captains or owners had disobeyed
these American statutes and, therefore, surely were aiding the
enemy. (Armstrong to Secretary of State, April 23, postscript of
April 25, 1808, Am. State Papers, For. Rel. iii, 291.)

[43] Morison: Otis, ii, 10-12; see also Channing: Jeff. System,
183.

[44] Annals, 10th Cong. 2d Sess. 22.

The intensity of the interest in the Embargo is illustrated by
Giles's statement in his reply to Hillhouse that it "almost ...
banish[ed] every other topic of conversation." (Ib. 94.)

[45] Four years earlier, Pickering had plotted the secession of

New England and enlisted the support of the British Minister to
accomplish it. (See vol. iii, chap. vii, of this work.) His wife was
an Englishwoman, the daughter of an officer of the British Navy.
(Pickering and Upham: Life of Timothy Pickering, i, 7; and see
Pickering to his wife, Jan. 1, 1808, ib. iv, 121.) His nephew had
been Consul-General at London under the Federalist
Administrations and was at this time a merchant in that city.
(Pickering to Rose, March 22, 1808, New-England Federalism:
Adams, 370.) Pickering had been, and still was, carrying on with
George Rose, recently British Minister to the United States, a
correspondence all but treasonable. (Morison: Otis, ii, 6.)

[46] Annals, 10th Cong. 2d Sess. 175, 177-78.

[47] Annals, 10th Cong. 2d Sess. 193.

[48] Ib. 279-82.

[49] Marshall to Pickering, Dec. 19, 1808, Pickering MSS. Mass.

Hist. Soc.

[50] See vol. ii, 509-14, of this work.

[51] Morison: Otis, ii, 3-4.

[52] "The tories of Boston openly threaten insurrection."

(Jefferson to Dearborn, Aug. 9, 1808, Works: Ford, xi, 40.) And
see Morison: Otis, ii, 6; Life and Correspondence of Rufus King:
King, v, 88; also see Otis to Quincy, Dec. 15, 1808, Morison: Otis,
ii, 115.

[53] Monroe to Taylor, Jan. 9, 1809, Branch Historical Papers,

June, 1908, 298.

[54] Adams to Rush, July 25, 1808, Old Family Letters, 191-92.

[55] Annals, 10th Cong. 2d Sess. iii, 1798-1804.

[56] Morison: Otis, ii, 10. These resolutions denounced "'all

those who shall assist in enforcing on others the arbitrary &
unconstitutional provisions of this [Force Act]' ... as 'enemies to
the Constitution of the United States and of this State, and hostile
to the Liberties of the People.'" (Boston Town Records, 1796-
1813, as quoted in ib.; and see McMaster: History of the People
of the United States, iii, 328.)

[57] McMaster, iii, 329.

 [58] McMaster, iii, 329-30; and see Morison: Otis, ii, 4.
The Federalist view was that the "Force Act" and other extreme
portions of the Embargo laws were "so violently and palpably
unconstitutional, as to render a reference to the judiciary
absurd"; and that it was "the inherent right of the people to resist
measures fundamentally inconsistent with the principles of just
liberty and the Social compact." (Hare to Otis, Feb. 10, 1814,
Morison: Otis, ii, 175.)

[59] McMaster, iii, 331-32.

[60] Morison: Otis, ii, 3, 8.

[61] Hanson to Pickering, Jan. 17, 1810, N.E. Federalism:

Adams, 382.

[62] Humphrey Marshall to Pickering, March 17, 1809, Pickering

MSS. Mass. Hist. Soc.

[63] See vol. iii, chap. x, of this work.

[64] 5 Cranch, 133.

[65] Ib. 117.

[66] 5 Cranch, 135.

[67] 5 Cranch, 136, 141. (Italics the author's.)

[68] The Legislature of Pennsylvania adopted a resolution, April

3, 1809, proposing an amendment to the National Constitution for
the establishment of an "impartial tribunal" to decide upon
controversies between States and the Nation. (State Documents
on Federal Relations: Ames, 46-48.) In reply Virginia insisted that
the Supreme Court, "selected from those ... who are most
celebrated for virtue and legal learning," was the proper tribunal
to decide such cases. (Ib. 49-50.) This Nationalist position Virginia
reversed within a decade in protest against Marshall's Nationalist
opinions. Virginia's Nationalist resolution of 1809 was read by
Pinkney in his argument of Cohens vs. Virginia. (See infra, chap.
vi.)

[69] See Madison to Snyder, April 13, 1809, Annals, 11th Cong.
2d Sess. 2269; also McMaster, v, 403-06.
 [70] Annals, 10th Cong. 2d Sess. 1824-30.

[71] Erskine to Smith, April 18 and 19, 1809, Am. State Papers,
For. Rel. iii, 296.

[72] Adams: U.S. v, 73-74; see also McMaster, iii, 337.

[73] Adams: U.S. v, 87-89, 112.

[74] Proclamation of Aug. 9, 1809, Am. State Papers, For. Rel.

iii, 304.

[75] Tyler: Letters and Times of the Tylers, i, 229. For an

expression by Napoleon on this subject, see Adams: U.S. v, 137.

[76] See vol. ii, 28-29, of this work.

[77] "The appointment of Jackson and the instructions given to

him might well have justified a declaration of war against Great
Britain the moment they were known." (Channing: Jeff. System,
237.)

[78] Circular, Nov. 13, 1809, Am. State Papers, For. Rel. iii, 323;
Annals, 11th Cong. 2d Sess. 743.

[79] Canning to Pinkney, Sept. 23, 1808, Am. State Papers, For.
Rel. iii, 230-31.

[80] Story to White, Jan. 17, 1809, Life and Letters of Joseph
Story: Story, i, 193-94. There were two letters from Canning to
Pinkney, both dated Sept. 23, 1808. Story probably refers to one
printed in the Columbian Centinel, Boston, Jan. 11, 1809.
"It seems as if in New England the federalists were forgetful of
all the motives for union & were ready to destroy the fabric which
has been raised by the wisdom of our fathers. Have they
altogether lost the memory of Washington's farewell address?...
The riotous proceedings in some towns ... no doubt ... are
occasioned by the instigation of men, who keep behind the
curtain & yet govern the wires of the puppet shew." (Story to his
brother, Jan. 3, 1809, Story MSS. Mass. Hist. Soc.)
"In New England, and even in New York, there appears a spirit
hostile to the existence of our own government." (Plumer to
Gilman, Jan. 24, 1809, Plumer: Life of William Plumer, 368.)
 [81] Adams: U.S. v, 158.

[82] Annals, 11th Cong. 2d Sess. 481.

[83] Ib. 943. The resolution was passed over the strenuous
resistance of the Federalists.

[84] Probably that of Madison, July 21, 1808, Annals, 10th

Cong. 2d Sess. 1681.

[85] Marshall to Quincy, April 23, 1810, Quincy: Life of Josiah

Quincy, 204.

[86] Tyler to Jefferson, May 12, 1810, Tyler: Tyler, i, 247; and
see next chapter.

[87] Adams: U.S. v, 212-14; and see Morison: Otis, ii, 18-19.

[88] Turreau, then the French Minister at Washington, thus

reported to his Government: "To-day not only is the separation of
New England openly talked about, but the people of those five
States wish for this separation, pronounce it, openly prepare it,
will carry it out under British protection"; and he suggests that
"perhaps the moment has come for forming a party in favor of
France in the Central and Southern States, whenever those of the
North, having given themselves a separate government under the
support of Great Britain, may threaten the independence of the
rest." (Turreau to Champagny, April 20, 1809, as quoted in
Adams: U.S. v, 36.)

[89] For account of Jackson's reception in Boston and the

effects of it, see Adams: U.S. 215-17, and Morison: Otis, 20-22.

[90] On the other hand, Jefferson, out of his bottomless

prejudice against Great Britain, drew venomous abuse of the
whole British nation: "What is to restore order and safety on the
ocean?" he wrote; "the death of George III? Not at all. He is only
stupid;... his ministers ... ephemeral. But his nation is permanent,
and it is that which is the tyrant of the ocean. The principle that
force is right, is become the principle of the nation itself. They
would not permit an honest minister, were accident to bring such
an one into power, to relax their system of lawless piracy."
(Jefferson to Rodney, Feb. 10, 1810, Works: Ford, xi, 135-36.)
 [91] Champagny, Duke de Cadore, to Armstrong, Aug. 5, 1810
(Am. State Papers, For. Rel. iii, 386-87), and Proclamation, Nov.
2, 1810 (ib. 392); and see Adams: U.S. v, 303-04.

[92] Adams: U.S. v, 346.

[93] Marshall to Pickering, Feb. 22, 1811, Pickering MSS. Mass.

Hist. Soc.

[94] Annals, 11th Cong. 3d Sess. 525.

Daniel Webster was also emphatically opposed to the admission
of new States: "Put in a solemn, decided, and spirited Protest
against making new States out of new Territories. Affirm, in direct
terms, that New Hampshire has never agreed to favor political
connexions of such intimate nature, with any people, out of the
limits of the U.S. as they existed at the time of the compact."
(Webster to his brother, June 4, 1813, Letters of Daniel Webster:
Van Tyne, 37.)

[95] Annals, 11th Cong. 3d Sess. 542.

[96] Ib. 1st and 2d Sess. 579-82.

[97] Annals, 12th Cong. 1st Sess. 601; also see Adams: U.S. v,
189-90.

[98] Adams: U.S. v, 316.

[99] Richardson, i, 499-505; Am. State Papers, For. Rel. iii,

567-70.

[100] Annals, 12th Cong. 1st Sess. 1637. The Federalists who
voted for war were: Joseph Kent of Maryland, James Morgan of
New Jersey, and William M. Richardson of Massachusetts.
Professor Channing thus states the American grievances:
"Inciting the Indians to rebellion, impressing American seamen
and making them serve on British war-ships, closing the ports of
Europe to American commerce, these were the counts in the
indictment against the people and government of Great Britain."
(Channing: Jeff. System, 260.) See also ib. 268, and Jefferson's
brilliant statement of the causes of the war, Jefferson to Logan,
Oct. 3, 1813, Works: Ford, xi, 338-39.
 "The United States," says Henry Adams, "had a superfluity of
only too good causes for war with Great Britain." (Adams: Life of
Albert Gallatin, 445.) Adams emphasizes this: "The United States
had the right to make war on England with or without notice,
either for her past spoliations, her actual blockades, her Orders in
Council other than blockades, her Rule of 1756, her
impressments, or her attack on the 'Chesapeake,' not yet
redressed,—possibly also for other reasons less notorious."
(Adams: U.S. v, 339.) And see Roosevelt, chaps, i and ii.

[101] Annals, 12th Cong. 1st Sess. 1675-82.

[102] Salem Gazette, July 7, 1812, as quoted in Morison: Otis,

i, 298.

[103] Story to Williams, Aug. 24, 1812, Story, i, 229.

[104] Pickering to Pennington, July 12, 1812, N.E. Federalism:

Adams, 389.

[105] Of course the National courts were attacked: "Attempts

... are made ... to break down the Judiciary of the United States
through the newspapers, and mean and miserable insinuations
are made to weaken the authority of its judgments." (Story to
Williams, Aug. 3, 1813, Story, i, 247.) And again: "Conspirators,
and traitors are enabled to carry on their purposes almost without
check." (Same to same, May 27, 1813, ib. 244.) Story was
lamenting that the National courts had no common-law
jurisdiction. Some months earlier he had implored Nathaniel
Williams, Representative in Congress from Story's district, to
"induce Congress to give the Judicial Courts of the United States
power to punish all crimes ... against the Government.... Do not
suffer conspiracies to destroy the Union." (Same to same, Oct. 8,
1812, ib. 243.)
Jefferson thought the people were loyal: "When the questions
of separation and rebellion shall be nakedly proposed ... the
Gores and the Pickerings will find their levees crowded with silk
stocking gentry, but no yeomanry." (Jefferson to Gerry, June 11,
1812, Works: Ford, xi, 257.)

[106] Stoddert to McHenry, July 15, 1812, Steiner: Life and

Correspondence of James McHenry, 581-83.
 [107] "To the Citizens of the United States," in the Spirit of
Seventy-Six, July 17, 1812.

[108] Stoddert refers to this person as "Jo Davies." By some

this has been thought to refer to Marshall's brother-in-law, "Jo"
Daveiss of Kentucky. But the latter was killed in the Battle of
Tippecanoe, November 7, 1811.
While the identity of Stoddert's agent cannot be established
with certainty, he probably was one John Davis of Salisbury,
England, as described in the text. "Jo" was then used for John as
much as for Joseph; and Davis was frequently spelled "Davies." A
John or "Jo" Davis or Davies, an Englishman, was a very busy
person in America during the first decade of the nineteenth
century. (See Loshe: Early American Novel, 74-77.) Naturally he
would have been against the War of 1812, and he was just the
sort of person that an impracticable man like Stoddert would have
chosen for such a mission.

[109] Stoddert to McHenry, July 15, 1812, Steiner, 582.

[110] See King, v, 266.

[111] Adams: U.S. v, 375-78.

[112] Smith: An Address to the People of the United States, 42-

43.

[113] Marshall to Smith, July 27, 1812, Dreer MSS. "American

Lawyers," Pa. Hist. Soc.

[114] Am. State Papers, For. Rel. iii, 603; and see Charming:
U.S. iv, 449.

[115] See vol. ii, 243-44, 245-47, of this work.

[116] Marshall to Smith, July 27, 1812, Dreer MSS. "American

Lawyers," Pa. Hist. Soc.
A single quotation from the letters of Southern Federalists will
show how accurately Marshall interpreted Federalist feeling during
the War of 1812: "Heaven grant that ... our own Country may not
be found ultimately, a solitary friend of this great Robber of
Nations." (Tallmadge to McHenry, May 30, 1813, Steiner, 598.)
The war had been in progress more than ten months when these
words were written.

[117] Story to Williams, Oct. 8, 1812, Story, i, 243.

[118] Marshall to Monroe, June 25, 1812, Monroe MSS. Lib.

Cong.

[119] Marshall, however, was a member of the "Vigilance

Committee" of Richmond, and took an important part in its
activities. (Virginia Magazine of History and Biography, vii, 230-
31.)

[120] Report of the Commissioners appointed to view Certain

Rivers within the Commonwealth of Virginia, 5.

[121] A practicable route for travel and transportation between

Virginia and the regions across the mountains had been a favorite
project of Washington. The Potomac and James River Company,
of which Marshall when a young lawyer had become a
stockholder (vol. i, 218, of this work), was organized partly in
furtherance of this project. The idea had remained active in the
minds of public men in Virginia and was, perhaps, the one subject
upon which they substantially agreed.

[122] Much of the course selected by Marshall was adopted in

the building of the Chesapeake and Ohio Railway. In 1869, Collis
P. Huntington made a trip of investigation over part of Marshall's
route. (Nelson: Address—The Chesapeake and Ohio Railway, 15.)

[123] Report of the Commissioners appointed to view Certain

Rivers within the Commonwealth of Virginia, 38-39.

[124] Niles: Weekly Register, ii, 418.

[125] Lowell: Mr. Madison's War: by "A New England Farmer."

A still better illustration of Federalist hostility to the war and the
Government is found in a letter of Ezekiel Webster to his brother
Daniel: "Let gamblers be made to contribute to the support of
this war, which was declared by men of no better principles than
themselves." (Ezekiel Webster to Daniel Webster, Oct. 29, 1814,
Van Tyne, 53.) Webster here refers to a war tax on playing-cards.

[126] Harper to Lynn, Sept. 25, 1812, Steiner, 584.

 [127] See McMaster, iv, 199-200.

[128] Morison: Otis, i, 399.

[129] Pickering to Pennington, July 22, 1812, N.E. Federalism:

Adams, 389.

[130] The vote of Pennsylvania, with those cast for Clinton,

would have elected Marshall.

[131] Babcock, 157; and see Dewey: Financial History of the

United States, 133.

[132] For an excellent statement of the conduct of the

Federalists at this time see Morison: Otis, ii, 53-66. "The militia of
Massachusetts, seventy thousand in enrolment, well-drilled, and
well-equipped, was definitely withdrawn from the service of the
United States in September, 1814." (Babcock, 155.) Connecticut
did the same thing. (Ib. 156.)

[133] Annals, 13th Cong. 1st Sess. 302.

[134] See McMaster, iv, 213-14.

[135] Annals, 13th Cong. 1st Sess. 302

[136] Am. State Papers, For. Rel. iii, 609-12.

[137] The Republican victory was caused by the violent British

partisanship of the Federalist leaders. In spite of the distress the
people suffered from the Embargo, they could not, for the
moment, tolerate Federalist opposition to their own country. (See
Adams: U.S. v, 215.)

[138] Marshall to Pickering, Dec. 11, 1813, Pickering MSS.

Mass. Hist Soc.

[139] Morison: Otis, ii, 54-56.

[140] "Curse This Government! I would march at 6 days notice

for Washington ... and I would swear upon the altar never to
return till Madison was buried under the ruins of the capitol."
(Herbert to Webster, April 20, 1813, Van Tyne, 27.)
 [141] The Federalists frantically opposed conscription. Daniel
Webster, especially, denounced it. "Is this [conscription] ...
consistent with the character of a free Government?... No, Sir....
The Constitution is libelled, foully libelled. The people of this
country have not established ... such a fabric of despotism....
"Where is it written in the Constitution ... that you may take
children from their parents ... & compel them to fight the battles
of any war, in which the folly or the wickedness of Government
may engage it?... Such an abominable doctrine has no foundation
in the Constitution."
Conscription, Webster said, was a gambling device to throw the
dice for blood; and it was a "horrible lottery." "May God, in his
compassion, shield me from ... the enormity of this guilt." (See
Webster's speech on the Conscription Bill delivered in the House
of Representatives, December 9, 1814, Van Tyne, 56-68; see also
Curtis: Life of Daniel Webster, i, 138.)
Webster had foretold what he meant to do: "Of course we shall
oppose such usurpation." (Webster to his brother, Oct. 30, 1814,
Van Tyne, 54.) Again: "The conscription has not come up—if it
does it will cause a storm such as was never witnessed here" [in
Washington]. (Same to same, Nov. 29, 1814, ib. 55.)

[142] See Morison: Otis, ii, 78-199. Pickering feared that

Cabot's moderation would prevent the Hartford Convention from
taking extreme measures against the Government. (See Pickering
to Lowell, Nov. 7, 1814, N.E. Federalism: Adams, 406.)

[143] Some sentences are paraphrases of expressions by

Jefferson on the same subject. For example: "I hold the right of
expatriation to be inherent in every man by the laws of nature,
and incapable of being rightfully taken from him even by the
united will of every other person in the nation." (Jefferson to
Gallatin, June 26, 1806, Works: Ford, x, 273.) Again: "Our
particular and separate grievance is only the impressment of our
citizens. We must sacrifice the last dollar and drop of blood to rid
us of that badge of slavery." (Jefferson to Crawford, Feb. 11,
1815, ib. xi, 450-51.) This letter was written at Monticello the very
day that the news of peace reached Washington.

[144] Hay: A Treatise on Expatriation, 24.

 [145] Lowell: Review of 'A Treatise on Expatriation': by "A
Massachusetts Lawyer."

[146] See vol. iii, chap. i, of this work.

[147] See Review of 'A Treatise on Expatriation,' 6.

[148] Marshall to Pickering, April 11, 1814, Pickering MSS.

Mass. Hist. Soc.

[149] See Channing: Jeff. System, 170-71.

[150] M'Ilvaine vs. Coxe's Lessee, 4 Cranch, 209.

[151] Dawson's Lessee vs. Godfrey, 4 Cranch, 321.

[152] Case of the Santissima Trinidad et al., 1 Brockenbrough,

478-87; and see 7 Wheaton, 283.

[153] Plumer to Livermore, March 4, 1804, Plumer MSS. Lib.

Cong.

[154] For example, the British "right" of impressment must be

formally and plainly acknowledged in the treaty; an Indian
dominion was to be established, and the Indian tribes were to be
made parties to the settlements; the free navigation of the
Mississippi was to be guaranteed to British vessels; the right of
Americans to fish in Canadian waters was to be ended. Demands
far more extreme were made by the British press and public. (See
McMaster, iv, 260-74; and see especially Morison: Otis, ii, 171.)

[155] McMaster, iv, 383-88.

 CHAPTER II
MARSHALL AND STORY

Either the office was made for the man or the man for the office. (George S.
Hillard.)
I am in love with his character, positively in love. (Joseph Story.)
In the midst of these gay circles my mind is carried to my own fireside and to
my beloved wife. (Marshall.)
Now the man Moses was very meek, above all the men which were upon the
face of the earth. (Numbers xii, 3.)

"It will be difficult to find a character of firmness enough to

preserve his independence on the same bench with Marshall."[156]
So wrote Thomas Jefferson one year after he had ceased to be
President. He was counseling Madison as to the vacancy on the
Supreme Bench and one on the district bench at Richmond, in filling
both of which he was, for personal reasons, feverishly concerned.
We are now to ascend with Marshall the mountain peaks of his
career. Within the decade that followed after the close of our second
war with Great Britain, he performed nearly all of that vast and
creative labor, the lasting results of which have given him that
distinctive title, the Great Chief Justice. During that period he did
more than any other one man ever has done to vitalize the American
Constitution; and, in the performance of that task, his influence over
his associates was unparalleled.[157]
When Justices Chase and Cushing died and their successors
Gabriel Duval[158] and Joseph Story were appointed, the majority of
the Supreme Court, for the first time, became Republican. Yet
Marshall continued to dominate it as fully as when its members were
of his own political faith and views of government.[159] In the whole
history of courts there is no parallel to such supremacy. Not without
reason was that tribunal looked upon and called "Marshall's Court."
It is interesting to search for the sources of his strange power.
These sources are not to be found exclusively in the strength of
Marshall's intellect, surpassing though it was, nor yet in the mere
dominance of his will. Joseph Story was not greatly inferior to
Marshall in mind and far above him in accomplishments, while
William Johnson, the first Justice of the Supreme Court appointed by
Jefferson, was as determined as Marshall and was "strongly imbued
with the principles of southern democracy, bold, independent,
eccentric, and sometimes harsh."[160] Nor did learning give Marshall
his commanding influence. John Jay and Oliver Ellsworth were his
superiors in that respect; while Story so infinitely surpassed him in
erudition that, between the two men, there is nothing but contrast.
Indeed, Marshall had no "learning" at all in the academic sense;[161]
we must seek elsewhere for an explanation of his peculiar influence.
This explanation is, in great part, furnished by Marshall's
personality. The manner of man he was, of course, is best revealed
by the well-authenticated accounts of his daily life. He spent most of
his time at Richmond, for the Supreme Court sat in Washington only
a few weeks each year. He held circuit court at Raleigh as well as at
the Virginia Capital, but the sessions seldom occupied more than a
fortnight each. In Richmond, then, his characteristics were best
known; and so striking were they that time has but little dimmed the
memory of them.
Marshall, the Chief Justice, continued to neglect his dress and
personal appearance as much as he did when, as a lawyer, his
shabby attire so often "brought a blush" to the cheeks of his wife,
[162] and his manners were as "lax and lounging" as when Jefferson

called them proofs of a "profound hypocrisy."[163] Although no man

in America was less democratic in his ideas of government, none
was more democratic in his contact with other people. To this easy
bonhomie was added a sense of humor, always quick to appreciate
an amusing situation.
When in Richmond, Marshall often did his own marketing and
carried home the purchases he made. The tall, ungainly, negligently
clad Chief Justice, ambling along the street, his arms laden with
purchases, was a familiar sight.[164] He never would hurry, and
habitually lingered at the market-place, chatting with everybody,
learning the gossip of the town, listening to the political talk that in
Richmond never ceased, and no doubt thus catching at first hand
the drift of public sentiment.[165] The humblest and poorest man in
Virginia was not more unpretentious than John Marshall.
No wag was more eager for a joke. One day, as he loitered on the
outskirts of the market, a newcomer in Richmond, who had never
seen Marshall, offered him a small coin to carry home for him a
turkey just purchased. Marshall accepted, and, with the bird under
his arm, trudged behind his employer. The incident sent the city into
gales of laughter, and was so in keeping with Marshall's ways that it
has been retold from one generation to another, and is to-day almost
as much alive as ever.[166] At another time the Chief Justice was
taken for the butcher. He called on a relative's wife who had never
met him, and who had not been told of his plain dress and rustic
manners. Her husband wished to sell a calf and she expected the
butcher to call to make the trade. She saw Marshall approaching,
and judging by his appearance that he was the butcher, she directed
the servant to tell him to go to the stable where the animal was
awaiting inspection.[167]
It was Marshall's custom to go early every morning to a farm
which he owned four miles from Richmond. For the exercise he
usually walked, but, when he wished to take something heavy, he
would ride. A stranger coming upon him on the road would have
thought him one of the poorer small planters of the vicinity. He was
extremely fond of children and, if he met one trudging along the
road, he would take the child up on the horse and carry it to its
destination. Often he was seen riding into Richmond from his farm,
with one child before and another behind him.[168]
Bishop Meade met Marshall on one of these morning trips,
carrying on horseback a bag of clover seed.[169] On another, he was
seen holding on the pommel a jug of whiskey which he was taking
out to his farmhands. The cork had come out and he was using his
thumb as a stopper.[170] He was keenly interested in farming, and in
1811 was elected President of the Richmond Society for Promotion
of Agriculture.[171]
The distance from Richmond to Raleigh was, by road, more than
one hundred and seventy miles. Except when he went by stage,[172]
as he seldom did, it must have taken a week to make this journey.
He traveled in a primitive vehicle called a stick gig, drawn by one
horse which he drove himself, seldom taking a servant with him.[173]
Making his slow way through the immense stretches of tar pines and
sandy fields, the Chief Justice doubtless thought out the solution of
the problems before him and the plain, clear, large statements of his
conclusions which, from the bench later, announced not only the law
of particular cases, but fundamental policies of the Nation. His
surroundings at every stage of the trip encouraged just such
reflection—the vast stillness, the deep forests, the long hours,
broken only by some accident to gig or harness, or interrupted for a
short time to feed and rest his horse, and to eat his simple meal.
During these trips, Marshall would become so abstracted that,
apparently, he would forget where he was driving. Once, when near
the plantation of Nathaniel Macon in North Carolina, he drove over a
sapling which became wedged between a wheel and the shaft. One
of Macon's slaves, working in an adjacent field, saw the
predicament, hurried to his assistance, held down the sapling with
one hand, and with the other backed the horse until the gig was
free. Marshall tossed the negro a piece of money and asked him who
was his owner. "Marse Nat. Macon," said the slave. "He is an old
friend," said Marshall; "tell him how you have helped me," giving his
name. When the negro told his master, Macon said: "That was the
great Chief Justice Marshall, the biggest lawyer in the United
States." The slave grinned and answered: "Marse Nat., he may be de
bigges' lawyer in de United States, but he ain't got sense enough to
back a gig off a saplin'."[174]
At night he would stop at some log tavern on the route, eat with
the family and other guests, if any were present, and sit before the
fireplace after the meal, talking with all and listening to all like the
simple and humble countryman he appeared to be. Since the minor
part of his time was spent in court, and most of it about Richmond,
or on the road to and from Raleigh, or journeying to his Fauquier
County plantation and the beloved mountains of his youth where he
spent the hottest part of each year, it is doubtful whether any other
judge ever maintained such intimate contact with people in the
ordinary walks of life as did John Marshall.
The Chief Justice always arrived at Raleigh stained and battered
from travel.[175] The town had a population of from three hundred
to five hundred.[176] He was wont to stop at a tavern kept by a man
named Cooke and noted for its want of comfort; but, although the
inn got worse year after year, he still frequented it. Early one
morning an acquaintance saw the Chief Justice go to the woodpile,
gather an armful of wood and return with it to the house. When they
met later in the day, the occurrence was recalled. "Yes," said
Marshall, "I suppose it is not convenient for Mr. Cooke to keep a
servant, so I make up my own fires."[177]
The Chief Justice occupied a small room in which were the
following articles: "A bed, ... two split-bottom chairs, a pine table
covered with grease and ink, a cracked pitcher and broken bowl."
The host ate with his guests and used his fingers instead of fork or
knife.[178] When court adjourned for the day, Marshall would play
quoits in the street before the tavern "with the public street
characters of Raleigh," who were lovers of the game.[179]
He was immensely popular in Raleigh, his familiar manners and
the justice of his decisions appealing with equal force to the bar and
people alike. Writing at the time of the hearing of the Granville case,
[180] John Haywood, then State Treasurer of North Carolina,
testifies: "Judge Marshall ... is greatly respected here, as well on
account of his talents and uprightness as for that sociability and
ease of manner which render all happy and pleased when in his
company."[181]
In spite of his sociability, which tempted him, while in Richmond,
to visit taverns and the law offices of his friends, Marshall spent
most of the day in his house or in the big yard adjoining it, for Mrs.
Marshall's affliction increased with time, and the Chief Justice, whose
affection for his wife grew as her illness advanced, kept near her as
much as possible. In Marshall's grounds and near his house were
several great oak and elm trees, beneath which was a spring; to this
spot he would take the papers in cases he had to decide and, sitting
on a rustic bench under the shade, would write many of those great
opinions that have immortalized his name.[182]
Mrs. Marshall's malady was largely a disease of the nervous
system and, at times, it seemingly affected her mind. It was a
common thing for the Chief Justice to get up at any hour of the
night and, without putting on his shoes lest his footfalls might
further excite his wife, steal downstairs and drive away for blocks
some wandering animal—a cow, a pig, a horse—whose sounds had
annoyed her.[183] Even upon entering his house during the daytime,
Marshall would take off his shoes and put on soft slippers in the hall.
[184]

She was, of course, unequal to the management of the household.

When the domestic arrangements needed overhauling, Marshall
would induce her to take a long drive with her sister, Mrs. Edward
Carrington, or her daughter, Mrs. Jacquelin B. Harvie, over the still
and shaded roads of Richmond. The carriage out of sight, he would
throw off his coat and vest, roll up his shirt-sleeves, twist a
bandanna handkerchief about his head, and gathering the servants,
lead as well as direct them in dusting the walls and furniture,
scrubbing the floors and setting the house in order.[185]
Numerous incidents of this kind are well authenticated. To this day
Marshall's unselfish devotion to his infirm and distracted wife is
recalled in Richmond. But nobody ever heard the slightest word of
complaint from him; nor did any act or expression of countenance so
much as indicate impatience.
In his letters Marshall never fails to admonish his wife, who
seldom if ever wrote to him, to care for her health. "Yesterday I
received Jacquelin's letter of the 12th informing me that your health
was at present much the same as when I left Richmond," writes
Marshall.[186] "John [Marshall's son] passed through this city a day
or two past, & although I did not see him I had the pleasure of
hearing from Mr. Washington who saw him ... that you were as well
as usual."[187] In another letter Marshall says: "Do my dearest Polly
let me hear from you through someone of those who will be willing
to write for you."[188] Again he says: "I am most anxious to know
how you do but no body is kind enough to gratify my wishes.... I
looked eagerly for a letter to day but no letter came.... You must not
fail when you go to Chiccahominy [Marshall's farm near Richmond]
... to carry out blankets enough to keep you comfortable. I am very
desirous of hearing what is doing there but as no body is good
enough to let me know how you do & what is passing at home I
could not expect to hear what is passing at the farm."[189] Indeed,
only one letter of Marshall's has been discovered which indicates
that he had received so much as a line from his wife; and this was
when, an old man of seventy-five, he was desperately ill in
Philadelphia.[190] Nothing, perhaps, better reveals the sweetness of
his nature than his cheerful temper and tender devotion under trying
domestic conditions.[191]
His "dearest Polly" was intensely religious, and Marshall profoundly
respected this element of her character.[192] The evidence as to his
own views and feelings on the subject of religion, although scanty, is
definite. He was a Unitarian in belief and therefore never became a
member of the Episcopal church, to which his parents, wife,
children, and all other relatives belonged. But he attended services,
Bishop Meade informs us, not only because "he was a sincere friend
of religion," but also because he wished "to set an example." The
Bishop bears this testimony: "I can never forget how he would
prostrate his tall form before the rude low benches, without backs,
at Coolspring Meeting-House,[193] in the midst of his children and
grandchildren and his old neighbors." When in Richmond, Marshall
attended the Monumental Church where, says Bishop Meade, "he
was much incommoded by the narrowness of the pews.... Not
finding room enough for his whole body within the pew, he used to
take his seat nearest the door of the pew, and, throwing it open, let
his legs stretch a little into the aisle."[194]
It is said, however, that his daughter, during her last illness,
declared that her father late in life was converted, by reading Keith
on Prophecy, to a belief in the divinity of Christ; and that he
determined to "apply for admission to the communion of our Church
... but died without ever communing."[195] There is, too, a legend
about an astonishing flash of eloquence from Marshall—"a streak of
vivid lightning"—at a tavern, on the subject of religion.[196] The
impression said to have been made by Marshall on this occasion was
heightened by his appearance when he arrived at the inn. The shafts
of his ancient gig were broken and "held together by withes formed
from the bark of a hickory sapling"; he was negligently dressed, his
knee buckles loosened.[197]
 In the tavern a discussion arose among some young men
concerning "the merits of the Christian religion." The debate grew
warm and lasted "from six o'clock until eleven." No one knew
Marshall, who sat quietly listening. Finally one of the youthful
combatants turned to him and said: "Well, my old gentleman, what
think you of these things?" Marshall responded with a "most
eloquent and unanswerable appeal." He talked for an hour,
answering "every argument urged against" the teachings of Jesus.
"In the whole lecture there was so much simplicity and energy,
pathos and sublimity, that not another word was uttered." The
listeners wondered who the old man could be. Some thought him a
preacher; and great was their surprise when they learned afterwards
that he was the Chief Justice of the United States.[198]
His devotion to his wife illustrates his attitude toward women in
general, which was one of exalted reverence and admiration. "He
was an enthusiast in regard to the domestic virtues," testifies Story.
"There was ... a romantic chivalry in his feelings, which, though
rarely displayed, except in the circle of his most intimate friends,
would there pour out itself with the most touching tenderness." He
loved to dwell on the "excellences," "accomplishments," "talents,"
and "virtues" of women, whom he looked upon as "the friends, the
companions, and the equals of man." He tolerated no wit at their
expense, no fling, no sarcasm, no reproach. On no phase of
Marshall's character does Story place so much emphasis as on his
esteem for women.[199] Harriet Martineau, too, bears witness that
"he maintained through life and carried to his grave, a reverence for
woman as rare in its kind as in its degree."[200] "I have always
believed that national character as well as happiness depends more
on the female part of society than is generally imagined," writes
Marshall in his ripe age to Thomas White.[201]
Commenting on Story's account, in his centennial oration on the
first settlement of Salem, of the death of Lady Arbella Johnson,
Marshall expresses his opinion of women thus: "I almost envy the
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