Judicial activism

In this connection there is another anecdote of pleasant interest. The Hon. Josiah Quincy when a young man accompanied Judge Story to Washington and in his "Figures of the Past" relates that the judges of the Supreme Court usually dined together and their custom was to allow themselves wine only when it was raining. But "the Chief," said Story, "was brought up on Federalism and Madeira," and occasionally even on a sunshiny day would say "Brother Story, will you step to the window and see if there are signs of rain?" Story would be obliged reluctantly to report that he saw none, whereupon the Chief Justice would say cheerfully with a gleam of humor in his piercing eyes, "Well, this is a very large territory over which we have jurisdiction and I feel sure it is raining in some part of it. I think we may have a bottle to-day."

-- John Marshall: life, character and judicial services as portrayed in the centenary and memorial addresses and proceedings throughout the United States on Marshall day, 1901, and in the classic orations of Binney, Story, Phelps, Waite and Rawle, at 498.

... Madeira, a beverage of which I am innocent, was a great favorite of several of the Founders, perhaps in part for this reason:

Before the advent of artificial refrigeration, Madeira wine was particularly prized in areas where it was impractical to construct wine cellars (such as those in parts of the southern United States) because unlike many other fine wines it could survive being stored over hot summers without significant damage.

Marshall, a resident of Richmond, would buy it by the hogshead.