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

This was the British defense for impressment of seamen on American ships. It was one of the chief points in dispute in the War of 1812. The adherence of Federalists to this doctrine was one of the many causes of the overthrow of that once great party. (See infra , vol. iv, chap. i, of this work.)

Wharton: State Trials , 654. Upon another indictment for having captured a British ship and crew, Williams, with no other defense than that offered on his trial under the first indictment, pleaded guilty, and was sentenced to an additional fine of a thousand dollars, and to further imprisonment of four months. ( Ib. ; see also vol. ii, 495, of this work.)

U.S. vs. Hudson, 7 Cranch, 32-34. "Although this question is brought up now for the first time to be decided by this court, we consider it as having been long since settled in public opinion… The legislative authority of the Union must first make an act a crime, affix a punishment to it and declare the court that shall have jurisdiction of the offense." (Justice William Johnson delivering the opinion of the majority of the court, ib. )

Joseph Story was frantic because the National judges could not apply the common law during the War of 1812. (See his passionate letters on the subject, vol. iv, chap. i, of this work; and see his argument for the common law, Story, i, 297-300; see also Peters to Pickering, Dec. 5, 1807, March 30, and April 14, 1816, Pickering MSS. Mass. Hist. Soc.)

The opinion of Justice Chase, of the Supreme Court of Philadelphia, sitting with Peters, District Judge, in the case of the United States vs. Robert Worral, indicted under the common law for attempting to bribe a United States officer. Justice Chase held that English common law was not a part of the jurisprudence of the United States as a Nation. (Wharton: State Trials , 189-99.)

This was notably true of Justice James Wilson, of the Supreme Court, and Alexander Addison, President Judge of the Fifth Pennsylvania (State) Circuit, both of whom were born and educated in the United Kingdom. They were two of the ablest and most learned men on the bench at that period.

Message of Governor John Tyler, Dec. 3, 1810, Tyler: Letters and Times of the Tylers , i, 261; and see Tyler to Monroe, Dec. 4, 1809, ib. 232.

Jefferson to Randolph, Aug. 18, 1799, Works : Ford, ix, 73.

See vol. ii, chaps. x and xi, of this work.

The National judges, in their charges to grand juries, lectured and preached on religion, on morality, on partisan politics.

"On Monday last the Circuit Court of the United States was opened in this town. The Hon. Judge Patterson … delivered a most elegant and appropriate charge.

"The Law was laid down in a masterly manner: Politics were set in their true light by holding up the Jacobins [Republicans] as the disorganizers of our happy country, and the only instruments of introducing discontent and dissatisfaction among the well meaning part of the community. Religion & Morality were pleasingly inculcated and enforced as being necessary to good government, good order, and good laws; for 'when the righteous [Federalists] are in authority, the people rejoice.'…

"After the charge was delivered the Rev. Mr. Alden addressed the Throne of Grace in an excellent and well adapted prayer." ( United States Oracle of the Day , May 24, 1800, as quoted by Hackett, in Green Bag , ii, 264.)

Adams's War Speech of 1798; see vol. ii, 351, of this work.

Wharton: State Trials , 333-34.

Ib. 339.

Ib. 337. Paterson sat with District Judge Hitchcock and delivered the charge in this case. Luther Martin in the trial of Justice Chase (see infra , chap. iv) said that Paterson was "mild and amiable," and noted for his "suavity of manners." ( Trial of the Hon. Samuel Chase : Evans, stenographer, 187-88.)

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

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

Wharton: State Trials , 684.

Ib. 685.

Ib. 685-86.

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

Cooper afterward became a State judge.

See infra , chap. viii.

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

Wharton: State Trials , 466-69.

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

Wharton: State Trials , 598-609.

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

Independent Chronicle , Boston, May 12, 1800.

Wharton: State Trials , 641 et seq.

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

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.

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

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.

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

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

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

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

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.)