Jefferson had ludicrous misconceptions as to Marshall’s real character. It is said that after Burr’s trial, in 1807, all personal intercourse between them ceased.[20] Referring in 1810 to the “batture” case, in which Edward Livingston sued him, and which was to come before Marshall, Jefferson says that he is certain what the result of the case should be, but nobody can tell what it will be; for “the Judge’s mind [is] of that gloomy malignity which will never let him forego the opportunity of satiating it upon a victim.... And to whom is my appeal? From the judge in Burr’s case to himself and his associate justices in Marbury v. Madison. Not exactly, however. I observe old Cushing is dead. [Judge Cushing had died a fortnight before.] At length, then, we have a chance of getting a Republican majority in the Supreme Judiciary.” And he goes on to express his confidence in the “appointment of a decided Republican, with nothing equivocal about him.” Who was this decided and unequivocal Republican to be? Jefferson was anxious about it, and wrote to Madison, suggesting Judge Tyler, of Virginia, as a candidate, and reminding the President of Marshall’s “rancorous hostility to his country.” Who was it, in fact, that was appointed? Who but Joseph Story!--a Republican, indeed, but one whom Jefferson, in this very year, was designating as a “pseudo-Republican,” and who soon became Marshall’s warmest admirer and most faithful supporter. CHAPTER III THE BEGINNINGS OF THE CHIEF JUSTICE’S CAREER; AMERICAN CONSTITUTIONAL LAW; MARBURY _v_. MADISON. Marshall’s accession to the bench was marked by an impressive circumstance. For ten years or more, he alone gave all the opinions of the court to which any name was attached, except where the case came up from his own circuit, or, for any reason, he did not sit. In the very few cases where opinions were given by the other justices, it was in the old way, _seriatim_,--the method followed before Marshall came in, as it was also the method of contemporary English courts. Whatever may have been the purpose of the Chief Justice in introducing this usage, there can be no doubt as to the impression it was calculated to produce. It seemed, all of a sudden, to give to the judicial department a unity like that of the executive, to concentrate the whole force of that department in its chief, and to reduce the side-justices to a sort of cabinet advisers. In the very few early cases where there was expressed dissent, it lost much of its impressiveness, when announced, as it sometimes was, by the mouth that gave the opinion of the court.