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

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219

Annals, 7th Cong. 1st Sess. 531.

220

Annals, 7th Cong. 1st Sess. 552-53.

221

Ib. 554.

222

Ib. 558.

223

See infra, chap. iv.

224

See, for example, the speeches of Thomas Morris of New York (Annals, 7th Cong. 1st Sess. 565-68); Calvin Goddard of Connecticut (ib. 727-34); John Stanley of North Carolina (ib. 569-78); Roger Griswold of Connecticut (ib. 768-69).

225

Annals, 7th Cong. 1st Sess. 579.

226

Anderson, 83. Grigsby says that "Mr. Jefferson pronounced him (Giles) the ablest debater of the age." His speech on the Repeal Act, Grigsby declares to have been "by far his most brilliant display." (Grigsby: Virginia Convention of 1829-30, 23, 29.)

227

Anderson, 76-82.

228

See supra, 72.

229

This statement, coming from the Virginia radical, reveals the profound concern of the Republicans, for Giles thus declared that the Judiciary debate was of greater consequence than those historic controversies over Assumption, the Whiskey Rebellion, the Bank, Neutrality, the Jay Treaty, the French complication, the army, and other vital subjects. In most of those encounters Giles had taken a leading and sometimes violent part.

230

Annals, 7th Cong. 1st Sess. 512.

231

Story's description of Giles six years later: Story to Fay, Feb. 13, 1808, Story, i, 158-59. Also see Anderson, frontispiece and 238.

Giles was thirty-nine years of age. He had been elected to the House in 1790, and from the day he entered Congress had exasperated the Federalists. It is an interesting though trivial incident that Giles bore to Madison a letter of introduction from Marshall. Evidently the circumspect Richmond attorney was not well impressed with Giles, for the letter is cautious in the extreme. (See Anderson, 10; also Annals, 7th Cong. 1st Sess. 581.)

232

Annals, 7th Cong. 1st Sess. 580-81.

233

Annals, 7th Cong. 1st Sess. 582.

234

Ib. 583.

235

See supra, chap. i.

236

Marbury vs. Madison (see infra, chap. iii). For Giles's great speech see Annals, 7th Cong. 1st Sess. 579-602.

237

Bayard is "a fine, personable man … of strong mental powers… Nature has been liberal to him… He has, in himself, vast resources … a lawyer of high repute … and a man of integrity and honor… He is very fond of pleasure … a married man but fond of wine, women and cards. He drinks more than a bottle of wine each day… He lives too fast to live long… He is very attentive to dress and person." (Senator William Plumer's description of James A. Bayard, March 10, 1803, "Repository," Plumer MSS. Lib. Cong.)

238

Annals, 7th Cong. 1st Sess. 605.

239

Ib. 606.

240

Ib. 609.

241

Ib. 611.

242

Ib. 614.

243

Annals, 7th Cong. 1st Sess. 615.

244

Bayard's summary of the shortcomings of the Ellsworth Act of 1789 and the excellence of the Judiciary Act of 1801 (Annals, 7th Cong. 1st Sess. 616-27) was the best made at that time or since.

245

Ib. 632.

246

See infra, chap. iv.

247

Bayard pointed out that Charles Pinckney of South Carolina, whose "zeal and industry" decided the Presidential vote of his State, had been appointed Minister to Spain; that Claiborne of Tennessee held the vote of that State and cast it for Jefferson, and that Jefferson had conferred upon him "the high degree of Governor of the Mississippi Territory"; that Mr. Linn of New Jersey, upon whom both parties depended, finally cast his deciding vote in favor of Jefferson and "Mr. Linn has since had the profitable office of supervisor of his district conferred upon him"; and that Mr. Lyon of Vermont neutralized the vote of his State, but since "his character was low … Mr. Lyon's son has been handsomely provided for in one of the Executive offices." (Annals, 7th Cong. 1st Sess. 640.) Bayard named other men who had influenced the vote in the House and who had thereafter been rewarded by Jefferson.

248

Annals, 7th Cong. 1st Sess. 645-48.

249

Ib. 648-50. This was the second open expression in Congress of the spirit that led the New England Federalist leaders into their futile secession movement. (See infra, chaps. iii and vi; also vol. iv, chap. i, of this work.)

250

Adams to Bayard, April 10, 1802; Bayard Papers: Donnan, 152.

251

Washington Federalist, Feb. 20, 1802.

252

Members of Congress wore their hats during the sessions of House and Senate until 1828. For a description of Randolph in the House, see Tyler, I, 291. Senator Plumer pictured him as "a pale, meagre, ghostly man," with "more popular and effective talents than any other member of his party." (Plumer to Emery, Plumer, 248.) See also Plumer's letter to his son, Feb. 22, 1803, in which the New Hampshire Senator says that "Randolph goes to the House booted and spurred, with his whip in his hand, in imitation, it is said, of members of the British Parliament. He is a very slight man, but of the common stature." At a distance he looks young, but "upon a nearer approach you perceive his wrinkles and grey hairs. He is, I believe, about thirty." (Ib. 256.)

253

The personal domination which John Randolph of Roanoke wielded over his party in Congress, until he broke with Jefferson (see infra, chaps. iv and x), is difficult to realize at the present day. Nothing like it has since been experienced, excepting only the merciless rule of Thaddeus Stevens of Pennsylvania from 1862 until 1868. (See Woodburn: Life of Thaddeus Stevens, 247 et seq.)

254

Washington Federalist, Feb. 22, 1802.

255

Annals, 7th Cong. 1st Sess. 650-51.

256

Annals, 7th Cong. 1st Sess. 652.

257

See supra, chap. i, 33; also infra, chap. ix, where Marshall, during the trial of Aaron Burr, actually issued such a subpœna. Randolph was now denouncing the National court before which Cooper was tried, because it refused to grant the very writ for the issuing of which Marshall in a few years was so rancorously assailed by Jefferson personally, and by nearly all Republicans as a party.

258

At the time Marshall issued the rule against Madison he apparently had no idea that Section 13 of the Ellsworth Judiciary Act was unconstitutional. (See next chapter.)

259

Annals, 7th Cong. 1st Sess. 662-63.

260

The Federalist organ tried, by ridicule, to minimize Randolph's really strong speech. "The speech of Mr. Randolph was a jumble of disconnected declamation… He СКАЧАТЬ