Shout treason : $b the trial of Aaron BurrBeirne, Francis F.
History
Shout treason : $b the trial of Aaron Burr
Beirne, Francis F.
Burr Conspiracy, 1805-1807; Burr, Aaron, 1756-1836 -- Trials, litigation, etc.; Trials (Treason) -- United States
In spite of his anxieties and misgivings, Marshall, in his capacity
as Chief Justice, performed his official duty in administering the
oath of office to President Jefferson. How painful that duty must have
been is revealed by a letter he wrote on the same day to his friend
Charles Cotesworth Pinckney, of South Carolina: “The Democrats are
divided into speculative theorists and absolute terrorists. With the
latter I am disposed to class Mr. Jefferson. If he ranges himself with
them it is not difficult to foresee that much difficulty is in store
for the country--if he does not, they will soon be his enemies and
calumniators.” Strong words for the Chief Justice to use against the
President of the United States so soon after the Chief Justice had
administered the oath to the President.
During the first nine months of his administration Jefferson had
sufficient evidence of the animosity of the Federal bench, largely
directed by Marshall, to write to a friend: “The Federalists have
retired into the judiciary as a stronghold ... and from that battery
all the works of republicanism are to be broken down and erased.”
The Republicans were not slow in taking up the Federalist challenge.
Their first major offensive was the impeachment of Justice Chase.
The blustering, choleric Chase, with his violent partisan comments
from the bench, had provided just cause for complaint, Heaven knows.
Yet his trial by the Senate and his exoneration from the charges
leveled at him by the House indicated that impeachment was a dull
and unreliable weapon. The verdict left Jefferson more than ever
convinced that a grave error had been committed in the Constitution
by granting to the judiciary authority equal to that of the executive
and legislative branches. Marshall’s epochal decision in the case of
Marbury versus Madison, confirming the Supreme Court’s right to pass on
the constitutionality of laws enacted by Congress, strengthened that
belief. Nowhere was the presumption of the judiciary better exemplified
than in the person and actions of John Marshall. Jefferson’s unerring
political instinct told him that the quickest and surest way to cut
the judiciary down to size was to get rid of Marshall, either by
impeachment or by amending the Constitution to make Federal judges
removable from office at the will of the President and Congress.
But a case must first be made against Marshall. The Burr trial
presented a perfect opportunity. Of this the President and the Chief
Justice were both well aware, and the party leaders no less than the
President and the Chief Justice. So it was that, at Richmond in the
spring of 1807, Aaron Burr did not stand at the bar alone. The Chief
Justice also was on trial.
Public-domain text, read in full here on John Shaqi.
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