Courts -- United States; Revolutions; United States -- Politics and government
Of all the events of Marshall's life this controversy with Jefferson
seems to me the most equivocal, and it was a direct effect of a
constitutional system which has permitted the courts to become the
censor of the political departments of the government. Marshall,
probably, felt exasperated by Jefferson's virulence against these final
appointments made by John Adams, while Marshall was Secretary of State,
and for which he may have felt himself, in part, responsible. Possibly,
even, he may have taken some of Jefferson's strictures as aimed at
himself. At all events he went to extreme lengths in retaliation. He
might have dismissed the litigation in a few words by stating that,
whatever the abstract rights of the parties might have been, the Supreme
Court had no power to constrain the President in his official functions;
but he yielded to political animosity. Then, having taken a position
practically untenable, he had to find an avenue of retreat, and he found
it by asserting a supervisory jurisdiction over Congress, a step which,
even at that early period, was most hazardous.[12]
In reality Jefferson's temper, far from being vindictive and
revolutionary, as his enemies believed, was rather gentle and timid, but
he would have been more than mortal had he endured such an insult in
silence. Nor could he, perhaps, have done so without risking the respect
of his followers. So he decided on reprisals, and a scheme was matured
among influential Virginians, like John Randolph and Senator William
Giles, to purge the Supreme Court of Federalists. Among the associate
justices of this court was Samuel Chase, a signer of the Declaration of
Independence and an able lawyer, but an arrogant and indiscreet
partisan. Chase had made himself obnoxious on various public occasions
and so was considered to be the best subject to impeach; but if they
succeeded with him the Jeffersonians proclaimed their intention of
removing all his brethren seriatim, including the chief offender of all,
John Marshall. One day in December, 1804, Senator Giles, of Virginia,
in a conversation which John Quincy Adams has reported in his diary,
discussed the issue at large, and that conversation is most apposite
now, since it shows how early the inevitable tendency was developed to
make judges who participate in political and social controversies
responsible to the popular will. The conversation is too long to extract
in full, but a few sentences will convey its purport:--
Public-domain text, read in full here on John Shaqi.
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