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

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459

Feb. 18, 1803, Plumer, 253.

460

Annals, 8th Cong. 1st Sess. 365.

461

See Memoirs, J. Q. A.; Adams, i, 302-04, for a vivid account of the whole incident.

462

Plumer, March 10, 1804, "Congress," Plumer MSS. Lib. Cong.

463

Annals, 8th Cong. 1st Sess. 367. "The independence of our judiciary is no more … I hope the time is not far distant when the people east of the North river will manage their own affairs in their own way; … and that the sound part will separate from the corrupt." (Plumer to Morse, March 10, 1804, Plumer MSS. Lib. Cong.) On the unconstitutional and revolutionary conduct of the Republicans in the Pickering impeachment trial see Adams: U.S. ii, 158.

464

Senators John Armstrong of New York, Stephen R. Bradley of Vermont, and David Stone of North Carolina. Jonathan Dayton of New Jersey and Samuel White of Delaware, Federalists, also withdrew. (Annals, 8th Cong. 1st Sess. 366.) And see Memoirs, J. Q. A.: Adams, i, 308-09; J. Q. Adams to his father, March 8, 1805, Writings, J. Q. A.: Ford, iii, 110; Plumer to Park, March 13, 1804, Plumer MSS. Lib. Cong.

Senator John Brown of Kentucky, a Republican, "could not be induced to join the majority, but, unwilling to offend them, he obtained & has taken a leave of absence." (Plumer to Morse, March 10, 1804, Plumer MSS. Lib. Cong.) Senator Brown had been elected President pro tem. of the Senate, January 23, 1804.

Burr "abruptly left the Senate" to attend to his candidacy for the governorship of New York. (Plumer, March 10, 1804, "Congress," Plumer MSS. Lib. Cong.) Senator Franklin of North Carolina was then chosen President pro tem. and presided during the trial of Pickering. But Burr returned in time to arrange for, and preside over, the trial of Justice Chase.

465

The Republicans even refused to allow the report of the proceedings to be "printed in the Appendix to the Journals of the Session." (Memoirs, J. Q. A.: Adams, I, 311.)

The conviction and removal of Pickering alarmed the older Federalists almost as much as did the repeal of the Judiciary Act. "The demon of party governed the decision. All who condemned were Jeffersonians, and all who pronounced the accused not guilty were Federalists." (Pickering to Lyman, March 4, 1804, N.E. Federalism: Adams, 358-59; Lodge: Cabot, 450.)

"I really wish those in New England who are boasting of the independence of our Judiciary would reflect on what a slender tenure Judges hold their offices whose political sentiments are at variance with the dominant party." (Plumer to Park, March 13, 1804, Plumer MSS. Lib. Cong.)

466

Exhibit viii, Chase Trial, Appendix, 61-62; also see Annals, 8th Cong. 2d Sess. 675-76.

467

June 13, 1803.

468

See Chase Trial, 101 et seq.

469

See McMaster: U.S. iii, 162-70.

470

Jefferson to Nicholson, May 13, 1803, Jefferson Writings: Washington, iv, 484.

471

Macon to Nicholson, Aug. 6, 1803, Dodd: Life of Nathaniel Macon, 187-88. Macon seriously doubted the expediency and legality of the impeachment of Chase. However, he voted with his party.

472

Dodd, 187-88.

473

Adams to Rush, June 22, 1806, Old Family Letters, 100.

474

Chase "is very obnoxious to the powers that be & must be denounced, but articles will not be exhibited agt him this session. The Accusers have collected a volume of exparte evidence against him, printed & published it in pamphlets, & now it is publishing in the Court gazette to be diffused in every direction… If a party to a suit at law, … was to practice in this manner he would merit punishment." (Plumer to Smith, March 11, 1804, Plumer MSS. Lib. Cong.)

475

See supra, chap. i. For the articles of impeachment see Annals, 8th Cong. 2d Sess. 85-88; Chase Trial, 10-11.

The Republicans, for a time, contemplated the impeachment of Richard Peters, Judge of the United States Court for the District of Pennsylvania, who sat with Chase during the trial of Fries. (Annals, 8th Cong. 1st Sess. 823-24, 850, 873-74.) But his name was dropped because he had not "so acted in his judiciary capacity as to require the interposition of the Constitutional powers of this House." (Ib. 1171.)

Peters was terrified and turned upon his fellow judge. He showered Pickering and other friends with letters, complaining of the conduct of his judicial associate. "If I am to be immolated let it be with some other Victim – or for my own Sins." (Peters to Pickering, Jan. 26, 1804, Pickering MSS. Mass. Hist. Soc.)

476

J. Q. Adams to his father, March 14, 1805, Writings, J. Q. A.: Ford, iii, 116.

477

Dec. 20, 1804, Memoirs, J. Q. A.: Adams, i, 321.

478

Plumer to Cogswell, Jan. 4, 1805, Plumer MSS. Lib. Cong.; and see Plumer to Sheafe, Jan. 9, 1805, Plumer MSS. loc. cit.

479

Bayard to Harper, Jan. 30, 1804, Bayard Papers: Donnan, 160.

480

Pickering to Lyman, March 14, 1804, Lodge: Cabot, 450; also N.E. Federalism: Adams, 359.

481

Ames to Dwight, Jan. 20, 1805, Ames, i, 338.

482

The Yazoo fraud. No other financial scandal in our history equaled this, if one considers the comparative wealth and population of the country at the times other various great frauds were perpetrated. For an account of it, see infra, chap. x.

483

For Randolph's frantic speech on the Yazoo fraud and Marshall's opinion in Fletcher vs. Peck, see infra, chap. x.

484

This form was adopted in the trial of Judge Pickering. See Annals, 8th Cong. 1st Sess. 319.

485

See Plumer, 323.

486

Channing: U.S. iv, 287.

487

Marshall to James M. Marshall, April 1, 1804, MS.

488

William Marshall. See infra, 191-92.

489

John Wickham, leader of the Richmond bar and one of Marshall's intimate friends.

490

See supra, chap. i; and infra.

491

See 1 Kings, xii, 10.

492

Marshall to Chase, Jan. 23, 1804, Etting MSS. Pa. Hist. Soc.

493

See infra, 192-96.

494

See supra, chap. iii, 113.

495

"M^r Burr had the sole power of making the arrangements … for the trial." (Plumer to Sheafe, Jan. 9, 1805, Plumer MSS. Lib. Cong.)

496

Annals, 8th Cong. 2d Sess. 100; Chase Trial, 2-5.

497

Plumer to Norris, Nov. 7, 1804, Plumer, 329.

498

See infra, chap. vi.

499

See J. Q. Adams to his father, Jan. 5, 1805, Writings, J. Q. A.: Ford, iii, 104.

500

Plumer, СКАЧАТЬ