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

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.)

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

June 13, 1803.

See Chase Trial , 101 et seq.

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

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

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.

Dodd, 187-88.

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

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.)

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.)

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

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

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

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

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

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

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.

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

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

See Plumer, 323.

Channing: U.S. iv, 287.

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

William Marshall. See infra , 191-92.

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

See supra , chap. i; and infra .

See 1 Kings, xii, 10.

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

See infra , 192-96.

See supra , chap. iii, 113.

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

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

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

See infra , chap. vi.

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

Plumer, 274. "John S. Sherburne, Jonathan Steele, Michael McCleary and Richard Cutts Shannon were the principal witnesses against Pickering. Sherburne was appointed Judge [in Pickering's place]; Steele, District Attorney; McCleary, Marshal; and Shannon, Clerk of the Court… Steele, expecting to have been Judge refused to accept his appointment, assigning as the reason his agency in the removal of Pickering."

Plumer, 329-30; and see Adams: U.S. ii, 220.

Nov. 26, 1804, Memoirs, J. Q. A. : Adams, i, 317-18; and Adams, U.S. ii, 220-22.

"Burr is flattered and feared by the administration." (Plumer to Thompson, Dec. 23, 1804, Plumer MSS. Lib. Cong.; and Plumer to Wilson, Dec. 7, 1804, Plumer MSS. loc. cit. )

Davis, ii, 360; also Adams: U.S. 218-44.

"It must be acknowledged that Burr has displayed much ability, and since the first day I have seen nothing of partiality." (Cutler to Torrey, March 1, 1805, Cutler: Life, Journals and Correspondence of Manasseh Cutler , ii, 193.)

At the beginning of the trial, however, Burr's rigor irritated the Senate: "Mr. Burr is remarkably testy – he acts more of the tyrant – is impatient, passionate – scolds – he is in a rage because we do not sit longer." (Plumer, Feb. 8, 1805, "Diary," Plumer MSS. Lib. Cong.)

"Just as the time for adjourning to morrow was to be put … Mr. Burr said he wished to inform the Senate of some irregularities that he had observed in the Court.

"Some of the Senators as he said during the trial & while a witness was under examination walked between him & the Managers – others eat apples – & some eat cake in their seats.

"Mr. Pickering said he eat an apple – but it was at a time when the President had retired from the chair. Burr replied he did not mean him – he did not see him.