The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815. Beveridge Albert Jeremiah

466

Exhibit viii, Chase Trial, Appendix, 61-62; also see Annals, 8th Cong. 2d Sess. 675-76.

467

June 13, 1803.

468

See Chase Trial, 101 et seq.

469

See McMaster: U.S. iii, 162-70.

470

Jefferson to Nicholson, May 13, 1803, Jefferson Writings: Washington, iv, 484.

471

Macon to Nicholson, Aug. 6, 1803, Dodd: Life of Nathaniel Macon, 187-88. Macon seriously doubted the expediency and legality of the impeachment of Chase. However, he voted with his party.

472

Dodd, 187-88.

473

Adams to Rush, June 22, 1806, Old Family Letters, 100.

474

Chase "is very obnoxious to the powers that be & must be denounced, but articles will not be exhibited agt him this session. The Accusers have collected a volume of exparte evidence against him, printed & published it in pamphlets, & now it is publishing in the Court gazette to be diffused in every direction… If a party to a suit at law, … was to practice in this manner he would merit punishment." (Plumer to Smith, March 11, 1804, Plumer MSS. Lib. Cong.)

475

See supra, chap. i. For the articles of impeachment see Annals, 8th Cong. 2d Sess. 85-88; Chase Trial, 10-11.

The Republicans, for a time, contemplated the impeachment of Richard Peters, Judge of the United States Court for the District of Pennsylvania, who sat with Chase during the trial of Fries. (Annals, 8th Cong. 1st Sess. 823-24, 850, 873-74.) But his name was dropped because he had not "so acted in his judiciary capacity as to require the interposition of the Constitutional powers of this House." (Ib. 1171.)

Peters was terrified and turned upon his fellow judge. He showered Pickering and other friends with letters, complaining of the conduct of his judicial associate. "If I am to be immolated let it be with some other Victim – or for my own Sins." (Peters to Pickering, Jan. 26, 1804, Pickering MSS. Mass. Hist. Soc.)

476

J. Q. Adams to his father, March 14, 1805, Writings, J. Q. A.: Ford, iii, 116.

477

Dec. 20, 1804, Memoirs, J. Q. A.: Adams, i, 321.

478

Plumer to Cogswell, Jan. 4, 1805, Plumer MSS. Lib. Cong.; and see Plumer to Sheafe, Jan. 9, 1805, Plumer MSS. loc. cit.

479

Bayard to Harper, Jan. 30, 1804, Bayard Papers: Donnan, 160.

480

Pickering to Lyman, March 14, 1804, Lodge: Cabot, 450; also N.E. Federalism: Adams, 359.

481

Ames to Dwight, Jan. 20, 1805, Ames, i, 338.

482

The Yazoo fraud. No other financial scandal in our history equaled this, if one considers the comparative wealth and population of the country at the times other various great frauds were perpetrated. For an account of it, see infra, chap. x.

483

For Randolph's frantic speech on the Yazoo fraud and Marshall's opinion in Fletcher vs. Peck, see infra, chap. x.

484

This form was adopted in the trial of Judge Pickering. See Annals, 8th Cong. 1st Sess. 319.

485

See Plumer, 323.

486

Channing: U.S. iv, 287.

487

Marshall to James M. Marshall, April 1, 1804, MS.

488

William Marshall. See infra, 191-92.

489

John Wickham, leader of the Richmond bar and one of Marshall's intimate friends.

490

See supra, chap. i; and infra.

491

See 1 Kings, xii, 10.

492

Marshall to Chase, Jan. 23, 1804, Etting MSS. Pa. Hist. Soc.

493

See infra, 192-96.

494

See supra, chap. iii, 113.

495

"M^r Burr had the sole power of making the arrangements … for the trial." (Plumer to Sheafe, Jan. 9, 1805, Plumer MSS. Lib. Cong.)

496

Annals, 8th Cong. 2d Sess. 100; Chase Trial, 2-5.

497

Plumer to Norris, Nov. 7, 1804, Plumer, 329.

498

See infra, chap. vi.

499

See J. Q. Adams to his father, Jan. 5, 1805, Writings, J. Q. A.: Ford, iii, 104.

500

Plumer, 274. "John S. Sherburne, Jonathan Steele, Michael McCleary and Richard Cutts Shannon were the principal witnesses against Pickering. Sherburne was appointed Judge [in Pickering's place]; Steele, District Attorney; McCleary, Marshal; and Shannon, Clerk of the Court… Steele, expecting to have been Judge refused to accept his appointment, assigning as the reason his agency in the removal of Pickering."

501

Plumer, 329-30; and see Adams: U.S. ii, 220.

502

Nov. 26, 1804, Memoirs, J. Q. A.: Adams, i, 317-18; and Adams, U.S. ii, 220-22.

"Burr is flattered and feared by the administration." (Plumer to Thompson, Dec. 23, 1804, Plumer MSS. Lib. Cong.; and Plumer to Wilson, Dec. 7, 1804, Plumer MSS. loc. cit.)

503

Davis, ii, 360; also Adams: U.S. 218-44.

"It must be acknowledged that Burr has displayed much ability, and since the first day I have seen nothing of partiality." (Cutler to Torrey, March 1, 1805, Cutler: Life, Journals and Correspondence of Manasseh Cutler, ii, 193.)

At the beginning of the trial, however, Burr's rigor irritated the Senate: "Mr. Burr is remarkably testy – he acts more of the tyrant – is impatient, passionate – scolds – he is in a rage because we do not sit longer." (Plumer, Feb. 8, 1805, "Diary," Plumer MSS. Lib. Cong.)

"Just as the time for adjourning to morrow was to be put … Mr. Burr said he wished to inform the Senate of some irregularities that he had observed in the Court.

"Some of the Senators as he said during the trial & while a witness was under examination walked between him & the Managers – others eat apples – & some eat cake in their seats.

"Mr. Pickering said he eat an apple – but it was at a time when the President had retired from the chair. Burr replied he did not mean him – he did not see him.

"Mr. Wright said he eat cake – he had a just right to do so – he was faint – but he disturbed nobody – He never would submit to be schooled & catechised in this manner.

"At this instance a motion was made by Bradley, who also had eaten cake, for an adjournment. Burr told Wright he was not in order – sit down. The Senate adjourned – & I left Burr and Wright scolding.

"Really, Master Burr, you need a ferule, or birch to enforce your lectures on polite behavior!" (Ib. Feb. 12, 1805; also ib. Jan. 2, 1805.) Burr was sharply criticized by the Washington Federalist, January 8, for his rude conduct at the beginning of the trial.

504

Plumer to Sheafe, Jan. 1805, Plumer, 330-31.

505

Annals, 8th Cong. 2d Sess. 92; Chase Trial, 4.

506

Dwight: Signers of the