  | I. | DEMOCRACY JUDICIARY | 1 | | The National Capital an unsightly "village in the woods"—Difficulty and danger of driving through the streets—Habits of the population—Taverns, shops, and dwellings—Warring interests—A miniature of the country—Meaning of the Republican victory of 1800—Anger, chagrin, and despair of the Federalists—Marshall's views of the political situation—He begins to strengthen the Supreme Court—The Republican programme of demolition—Jefferson's fear and hatred of the National Judiciary—The conduct of the National Judges gives Jefferson his opportunity—Their arrogance, harshness, and partisanship—Political charges to grand juries—Arbitrary application of the common law—Jefferson makes it a political issue—Rigorous execution of the Sedition Law becomes hateful to the people—The picturesque and historic trials that made the National Judiciary unpopular—The trial and conviction of Matthew Lyon; of Thomas Cooper; of John Fries; of Isaac Williams; of James T. Callender; of Thomas and Abijah Adams—Lawyers for Fries and Callender abandon the cases and leave the court-rooms—The famous Virginia and Kentucky Resolutions raise the fundamental question as to the power that can interpret the Constitution—Jefferson plans the assault on the National Judiciary. | | II. | THE ASSAULT ON THE JUDICIARY | 50 | | The assault on the Judiciary begins—Intense excitement of political parties—Message on the Judiciary that Jefferson sent to Congress—Message he did not send—The Federalists fear the destruction of the National Judiciary—The grave defects of the Ellsworth Judiciary Act of 1789—The excellent Federalist Judiciary Act of 1801—The Republicans determined to repeal it—The great Judiciary debate begins in the Senate—The Federalists assert the exclusive power of the Supreme Court to decide on the constitutionality of acts of Congress—The dramatic language of Senator Gouverneur Morris—The Republican Senators evade the issue—The Federalist Senators press it—Aaron Burr takes his seat as Vice-President—His fateful Judiciary vote—Senator John Breckenridge denies the supervisory power of the Supreme Court over legislation—The debate in the House—Comments of the press—Extravagant speeches—Appearance and characteristics of John Randolph of Roanoke—The Federalists hint resistance—The lamentations of the Federalist newspapers—The Republicans repeal the Federalist Judiciary act—They also suspend the sessions of the Supreme Court for fourteen months—This done to prevent Marshall from overthrowing the Republican repeal of the Federalist Judiciary Act of 1801—Marshall proposes to his colleagues on the bench that they refuse to sit as Circuit Judges—They reject his proposal—The New England Federalist leaders begin to talk secession—The jubilation of the Republican press: "Huzza for the Washington Judiciary!" | | III. | MARBURY VERSUS MADISON | 101 | | Power of the Judiciary over legislation the supreme issue—Federalist majorities in State Legislatures assert that Supreme Court can annul acts of Congress—Republican minorities vigorously resist the doctrine of Judiciary supremacy—Republican strength grows rapidly—Critical situation before the decision of Marbury vs. Madison—Power of the Supreme Court must be promptly asserted or permanently abandoned—Marshall confronts a serious dilemma—Escape from it apparently impossible—Republicans expect him to decide against Madison—They threaten impeachment—Marshall delivers his celebrated opinion—His reasoning on the power of the Judiciary merely repeats Federalist arguments in the Judiciary debate—He persuades his associates on the Supreme Bench that Section 13 of the Ellsworth Judiciary Act is unconstitutional—Startling boldness of his conception—History of Section 13—Drawn by framers of the Constitution and never before questioned—Marshall's opinion excites no immediate comment—Jefferson does not attack it until after his reËlection—Republican opposition to the Judiciary apparently subsides—Cause of this—Purchase of Louisiana—Jefferson compelled to take "unconstitutional" action—He counsels secrecy—The New England Federalist secession movement gains strength—Jefferson reËlected—Impeachment the next move. | | IV. | IMPEACHMENT | 157 | | Republicans plan to subjugate the Judiciary—Federalist Judges to be ousted and Republicans put in their places—Marshall's decision in United States vs. Fisher—The Republican impeachment programme carried out—The trial and the conviction of Judge Addison—The removal of Judge Pickering—The House impeaches Justice Chase of the Supreme Court—Republicans manipulate public opinion—The articles of impeachment—Federalists convinced that Chase is doomed—Marshall the chief object of attack—His alarm—He proposes radical method of reviewing decisions of the Supreme Court—Reason for Marshall's trepidation—The impeachment trial—Burr presides—He is showered with favors by the Administration—Appearance of Chase—His brilliant array of counsel—Luther Martin of Maryland—Examination of witnesses—Marshall testifies—He makes an unfavorable impression: "too much caution; too much fear; too much cunning"—Arguments of counsel—Weakness of the House managers—They are overwhelmed by counsel for Chase—Joseph Hopkinson's brilliant appeal—He captivates the Senate—Nicholson's fatal admission—Rodney's absurd speech—Luther Martin's great argument—Randolph closes for the managers—He apostrophizes Marshall—His pathetic breakdown—The Senate votes—Tense excitement in the Chamber—Chase acquitted—A determinative event in American history—Independence of the National Judiciary saved—Marshall for the first time secure in the office of Chief Justice. | | V. | BIOGRAPHER | 223 | | Marshall agrees to write the "Life of Washington"—He is unequipped for the task—His grotesque estimate of time, labor, and profits—Jefferson is alarmed—Declares that Marshall is writing for "electioneering purposes"—Postmasters as book agents—They take their cue from Jefferson—Rumor spreads that Marshall's book is to be partisan—Postmasters take few subscriptions—Parson Weems becomes chief solicitor for Marshall's book—His amusing canvass—Marshall is exasperatingly slow—Subscribers are disgusted at delay—First two volumes ap
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