History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
The decision in Marbury’s case naturally exasperated Jefferson; but the
chief-justice knew the point beyond which he could not go in asserting
the jurisdiction of his court, and was content to leave the matter as
it stood. Marbury never applied for the mandamus in the court below.
The opinion in the case of Marbury and Madison was allowed to sleep,
and its language was too guarded to furnish excuse for impeachment; but
while the President was still sore under the discourtesy of Marshall’s
law, another member of the Supreme Bench attacked him in a different
way. If one judge in the United States should have known the peril in
which the judiciary stood, it was Justice Samuel Chase of Maryland, who
had done more than all the other judges to exasperate the democratic
majority. His overbearing manners had twice driven from his court the
most eminent counsel of the circuit; he had left the bench without a
quorum in order that he might make political speeches for his party;
and his contempt for the popular will was loudly expressed. In the
cases of Fries and Callender, in 1800, he had strained the law in order
to convict for the government; and inasmuch as his energy was excess of
zeal, for conviction was certain, he had exposed himself to the charge
of over-officiousness in order to obtain the chief-justice’s chair,
which was given to Marshall. That he was not impeached after the change
of administration proved the caution of the Republican party; but by
this neglect Congress seemed to have condoned his old offences, or
at least had tacitly consented to let their punishment depend on the
judge’s future good behavior.
Unluckily Chase’s temper knew no laws of caution. He belonged to the
old class of conservatives who thought that judges, clergymen, and
all others in authority should guide and warn the people. May 2,
1803, barely two months after Marshall’s defiance of the President
in Marbury’s case and the impeachment of Pickering, Justice Chase
addressed the grand jury at Baltimore on the democratic tendencies of
their local and national government.[95]
Public-domain text, read in full here on John Shaqi.
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