This was done by his masterly and unanswerable speech in Congress against the constitutionality of the bank. No one can make himself acquainted with Mr. Madison's course, and with the state of his feeling towards President Washington at that period, and fail to appreciate the regret and pain he suffered from the performance of that act of duty, not on his own account but from his extreme reluctance to be placed in the attitude of opposition to one for whom he cherished feelings of such unbounded respect and affection, and whose confidence he fully enjoyed. But for the strong and audacious movements of Hamilton, there is every reason to believe that Mr. Madison would have coöperated very cordially in the support of President Washington's administration throughout. In respect to mere questions of expediency, he would have done all in his power to give them the most desirable form and direction, and, if disappointed, would, doubtless, have been silent as to the result. CHAPTER VI. Glance at the General Subject as heretofore discussed in this Essay--One important Topic not yet touched upon, viz.: the Effort that has been made to secure to the Judicial Department a Superior Controlling and Dangerous Power over the Executive and Legislative Departments--The constant Aim of the leading Federalists to give undue Influence to one of the Three Great Departments--The Judicial not the Department originally preferred by Hamilton as the Depository of this Power--How that Department came to be selected for that Purpose--The Election of Jefferson the Overthrow of the Federalists in the Executive and Legislative Departments--Efforts of the latter to retain Control of the Judicial Department--Character and Career of Chief Justice Marshall--His Efforts to control the Action of the Executive by Mandamus--Resistance by Jefferson--Account of the Proceeding by Mandamus against the Secretary of State, Madison--Opinion of the Court in Marbury _v._ Madison--Merits and Result of the case--Jurisdiction of the Supreme Court under the Constitution--Great Addition to its Power conferred by the Judiciary Act of 1789--Encroachment by the Federal Judiciary upon the Jurisdiction of State Courts, the Distinct Policy of the Federalists--Popular Respect for the Court and Judges favorable to the Success of that Policy--Jefferson directed the Resistance which was made to Orders of the Supreme Court, in Marbury _v._ Madison--His Action sustained by Congress and approved by the People--The Federalists hesitate and abandon their Attempt to carry the Encroachment they had undertaken in the Case of Marbury _v._ Madison--High Character of Marshall.