The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815. Beveridge Albert Jeremiah

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100

See Lyon to Mason, Oct. 14, 1798, Wharton: State Trials, 339-41.

101

Jefferson to Taylor, Nov. 26, 1798, Jefferson MSS. Lib. Cong.

102

Wharton: State Trials, 684.

103

Ib. 685.

104

Ib. 685-86.

105

Wharton: State Trials, 661-62. Cooper was referring to the case of Jonathan Robins. (See vol. ii, 458-75, of this work.)

106

Cooper afterward became a State judge.

107

See infra, chap. viii.

108

Wharton: State Trials, 679. Stephen Girard paid Cooper's fine. (McMaster: Life and Times of Stephen Girard, i, 397-98.)

109

Wharton: State Trials, 466-69.

110

See vol. ii, 429 et seq. of this work.

111

Wharton: State Trials, 598-609.

112

For sketch of Lewis see Wharton: State Trials, 32-33.

113

Independent Chronicle, Boston, May 12, 1800.

114

Wharton: State Trials, 641 et seq.

115

See vol. ii, 429 et seq. of this work.

116

Jefferson to Mason, Oct. 11, 1798, Works: Ford, viii, 449-50; same to Callender, Sept. 6, 1799, ib. ix, 81-82; same to same, Oct. 6, 1799, ib. 83-84; Pickering to Higginson, Jan. 6, 1804, Pickering MSS. Mass. Hist. Soc.

117

War speech of Adams to Congress in 1798, see vol. ii, 351, of this work.

118

Testimony of James Winchester (Annals, 8th Cong. 2d Sess. 246-47); of Luther Martin (ib. 245-46); and of John T. Mason (ib. 216); see also Chase Trial, 63.

119

Testimony of James Triplett, Chase Trial, 44-45, and see Annals, 8th Cong. 2d Sess. 217-19.

120

Jefferson to Monroe, May 26, 1800, Works: Ford, ix, 136. By "public interference" Jefferson meant an appropriation by the Virginia Legislature. (Ib. 137.)

121

The trial of Aaron Burr, see infra, chaps. vi, vii, viii, and ix.

122

See testimony of George Hay, Annals, 8th Cong. 2d Sess. 203; and see especially Luther Martin's comments thereon, infra, chap. iv.

123

The public mind was well prepared for just such appeals as those that Hay and Wirt planned to make. For instance, the citizens of Caroline County subscribed more than one hundred dollars for Callender's use.

The subscription paper, probably drawn by Colonel John Taylor, in whose hands the money was placed, declared that Callender "has a cause closely allied to the preservation of the Constitution, and to the freedom of public opinion; and that he ought to be comforted in his bonds."

Callender was "a sufferer for those principles." Therefore, and "because also he is poor and has three infant children who live by his daily labor" the contributors freely gave the money "to be applied to the use of James T. Callender, and if he should die in prison, to the use of his children." (Independent Chronicle, Boston, July 10, 1800.)

124

See infra, chap. iv.

125

Wharton: State Trials, 692.

126

Ib. 696-98; and see testimony of Taylor, Chase Trial, 38-39.

127

Wharton: State Trials, 717-18. Chase's charge to the jury was an argument that the constitutionality of a law could not be determined by a jury, but belonged exclusively to the Judicial Department. For a brief précis of this opinion see chap. iii of this volume. Chase advanced most of the arguments used by Marshall in Marbury vs. Madison.

128

Ib. 718. When Jefferson became President he immediately pardoned Callender. (See next chapter.)

129

Wharton: State Trials, footnote to 718.

130

See testimonies of Gunning Bedford, Nicholas Vandyke, Archibald Hamilton, John Hall, and Samuel P. Moore, Chase Trial, 98-101.

131

For example, one Charles Holt, publisher of a newspaper, The Bee, of New London, Connecticut, had commented on the uselessness of enlisting in the army, and reflected upon the wisdom of the Administration's policy; for this he was indicted, convicted, and sentenced to three months' imprisonment, and the payment of a fine of two hundred dollars. (Randall: Life of Thomas Jefferson, ii, 418.)

When President Adams passed through Newark, New Jersey, the local artillery company fired a salute. One of the observers, a man named Baldwin, idly remarked that "he wished the wadding from the cannon had been lodged in the President's backside." For this seditious remark Baldwin was fined one hundred dollars. (Hammond: History of Political Parties in the State of New York, i, 130-31.)

One Jedediah Peck, Assemblyman from Otsego County, N.Y., circulated among his neighbors a petition to Congress to repeal the Alien and Sedition Laws. This shocking act of sedition was taken up by the United States District Attorney for New York, who procured the indictment of Peck; and upon bench warrant, the offender was arrested and taken to New York for trial. It seems that such were the demonstrations of the people, wherever Peck appeared in custody of the officer, that the case was dropped. (Randall, ii, 420.)

132

They were supposed to select juries according to the laws of the States where the courts were held. As a matter of fact they called the men they wished to serve.

133

McMaster: History of the People of the United States, ii, 473; and see speech of Charles Pinckney in the Senate, March 5, 1800, Annals, 6th Cong. 1st and 2d Sess. 97.

134

See speech of Bacon in the Independent Chronicle, Feb. 11-14, 1799; and of Hill, ib. Feb. 25, 1799.

135

Columbian Centinel, Feb. 16, 1799; also see issue of Jan. 23, 1799. For condensed account of this incident see Anderson in Am. Hist. Rev. v, 60-62, quoting the Centinel as cited. A Federalist mob stoned the house of Dr. Hill the night after he made this speech. (Ib.) See also infra, chap. iii.

136

Independent Chronicle, Feb. 18, 1799.

137

Columbian Centinel, March 30, 1799. The attorneys for Adams also advanced the doctrines of the Kentucky and Virginia Resolutions, so far, at least, as to assert that any State ought to protest against and resist any act of Congress that the Commonwealth believed to be in violation of the National Constitution. (Anderson, in Am. Hist. Rev. v, 226-27.)

138

Columbian Centinel, March 27, 1799.

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