the originator of the Kentucky Resolutions (see vol. ii, 397, of this work) for his arguments. See Taylor to Breckenridge, Dec. 22, 1801, infra, Appendix B.
Monroe to Breckenridge, Jan. 15, 1802, Breckenridge MSS. Lib. Cong.
176
See infra, chaps. iii and iv.
177
Annals, 7th Cong. 1st Sess. 31-32.
178
Annals, 7th Cong. 1st Sess. 38.
179
This unfortunate declaration of Morris gave the Republicans an opportunity of unlimited demagogic appeal. See infra. (Italics the author's.)
180
Annals, 7th Cong. 1st Sess. 40-41.
Morris spoke for an hour. There was a "large audience, which is not common for that House." He prepared his speech for the press. (Diary and Letters of Gouverneur Morris: Morris, ii, 417.)
181
Annals, 7th Cong. 1st Sess. 49.
182
Ib. 47-48. Senator Jackson here refers to the case of Marbury vs. Madison, then pending before the Supreme Court. (See infra, chap. iii.) This case was mentioned several times during the debate. It is plain that the Republicans expected Marshall to award the mandamus, and if he did, to charge this as another act of judicial aggression for which, if the plans already decided upon did not miscarry, they would make the new Chief Justice suffer removal from his office by impeachment. (See infra, chap. iv.)
183
Annals, 7th Cong. 1st Sess. 58. Tracy's speech performed the miracle of making one convert. After he closed he was standing before the glowing fireplace, "half dead with his exertions." Senator Colhoun of South Carolina came to Tracy, and giving him his hand, said: "You are a stranger to me, sir, but by – you have made me your friend." Colhoun said that he "had been told a thousand lies" about the Federalist Judiciary Act, particularly the manner of passing it, and he had, therefore, been in favor of repealing it. But Tracy had convinced him, and Colhoun declared: "I shall be with you on the question." "May we depend upon you?" asked Tracy, wringing the South Carolina Senator's hand. "By – you may," was the response. (Morison: Life of the Hon. Jeremiah Smith, footnote to 147.) Colhoun kept his word and voted with the Federalists against his party's pet measure. (Annals, 7th Cong. 1st Sess. 185.)
The correct spelling of this South Carolina Senator's name is Colhoun, and not Calhoun, as given in so many biographical sketches of him. (See South Carolina Magazine for July, 1906.)
184
See Grigsby: Virginia Convention of 1788, ii, 260-262.
This was the same Senator who, in violation of the rules of the Senate, gave to the press a copy of the Jay Treaty which the Senate was then considering. The publication of the treaty raised a storm of public wrath against that compact. (See vol. ii, 115, of this work.) Senator Mason's action was the first occurrence in our history of a treaty thus divulged.
185
Annals, 7th Cong. 1st Sess. 59.
186
In that case Marshall had issued a rule to the Secretary of State to show cause why a writ of mandamus should not be issued by the court ordering him to deliver to Marbury and his associates commissions as justices of the peace, to which offices President Adams had appointed them. (See infra, chap. iii.)
187
Annals, 7th Cong. 1st Sess. 61.
188
Annals, 7th Cong. 1st Sess. 63.
189
Annals, 7th Cong. 1st Sess. 66. The eloquence of the Virginia Senator elicited the admiration of even the rabidly Federalist Columbian Centinel of Boston. See issue of February 6, 1802.
190
Ib. 77.
191
Ib. 83.
192
Annals, 7th Cong. 1st Sess. 89.
193
Ib. 91-92.
194
Annals, 7th Cong. 1st Sess. 99.
195
Morris notes in his diary that, on the same day, the Senate resolved "to admit a short-hand writer to their floor. This is the beginning of mischief." (Morris, ii, 416-17.)
196
January 27, 1802.
197
Annals, 7th Cong. 1st Sess. 149.
198
Annals, 7th Cong. 1st Sess. 150.
Burr's action was perfectly correct. As an impartial presiding officer, he could not well have done anything else. Alexander J. Dallas, Republican Attorney-General of Pennsylvania, wrote the Vice-President a letter approving his action. (Dallas to Burr, Feb. 3, 1802, Davis: Memoirs of Aaron Burr, ii, 82.) Nathaniel Niles, a rampant Republican, sent Burr a letter thanking him for his vote. As a Republican, he wanted his party to be fair, he said. (Niles to Burr, Feb. 17, 1802, ib. 83-84.) Nevertheless, Burr's vote was seized upon by his enemies as the occasion for beginning those attacks upon him which led to his overthrow and disgrace. (See chaps. vi, vii, viii, and ix of this volume.)
199
Annals, 7th Cong. 1st Sess. 178-79.
200
See Appendix A to this volume.
201
Annals, 7th Cong. 1st Sess. 179.
202
Ib. 180.
203
It was five o'clock (ib. 178) when Senator Breckenridge began to speak; it must have been well after six when Senator Morris rose to answer him.
204
Ib. 180.
205
Ib. 180.
206
Annals, 7th Cong. 1st Sess. 181.
207
Troup to King, April 9, 1802, King, iv, 103.
208
Bayard to Bassett, Jan. 25, 1802, Papers of James A. Bayard: Donnan, 146-47.
209
Except Colhoun of South Carolina, converted by Tracy. See supra, 62.
210
Annals, 7th Cong. 1st Sess. 183.
211
Ib. 510. A correspondent of the Columbian Centinel, reporting the event, declared that "the stand which the Federal Senators have made to preserve the Constitution, has been manly and glorious. They have immortalized their names, while those of their opposers will be execrated as the assassins of the Constitution." (Columbian Centinel, Feb. 17, 1802.)
