CONTENTS The National Capital an unsightly "village in the woods” Diffi- culty and danger of driving through the streets- Habits of the pop- ulation - 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 Su- preme Court-The Republican programme of demolition - Jef- ferson's fear and hatred of the National Judiciary - The conduct of the National Judges gives Jefferson his opportunity - Their arro- gance, 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 con- viction 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 Ju- The assault on the Judiciary begins — Intense excitement of po- litical parties - Message on the Judiciary that Jefferson sent to Congress - Message he did not send-The Federalists fear the de- struction of the National Judiciary - The grave defects of the Ells- worth 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 constitu- tionality 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 Breck- enridge 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 lam- entations of the Federalist newspapers - The Republicans repeal 50 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 se- cession-The jubilation of the Republican press: "Huzza for the -- - - - Power of the Judiciary over legislation the supreme issue - Federal- 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 - - - Republicans plan to subjugate the Judiciary - Federalist Judges - ments of counsel - Weakness of the House managers - They are - - - Mar- Marshall agrees to write the "Life of Washington" equipped 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 Mar- shall's book is to be partisan-Postmasters take few subscrip- tions-Parson Weems becomes chief solicitor for Marshall's book - His amusing canvass Marshall is exasperatingly slow-Sub- scribers are disgusted at delay-First two volumes appear Public is dissatisfied - Marshall is worried - He writes agitated letters - His publisher becomes disheartened - Marshall resents criticism - The lamentable inadequacy of the first three volumes - Fourth volume an improvement — Marshall's heavy task in the writing of the last volume — He performs it skillfully Descrip- tion of the foundation of political parties Treatment of the policies of Washington's administrations - Jefferson calls Mar- shall's biography a "five-volume libel” and “a party diatribe”. He seeks an author to answer Marshall - He resolves to publish his "Anas" chiefly as a reply to Marshall-He bitterly attacks him and the biography — Other criticisms of Marshall's work His lifelong worry over the imperfections of the first edition - He decides to revise it-He devotes nearly twenty years to the task- Remarkable effect on the Senate of Burr's farewell speech His desperate plight - Stanchness of friends-Jefferson's animosity – Unparalleled combination against Burr-He runs for Governor of New York and is defeated-Hamilton's lifelong pursuit of Burr -The historic duel - Dismemberment of the Union long and generally discussed - Washington's apprehensions in 1784 - ⚫Jefferson in 1803 approves separation of Western country “if it be for their good" The New England secessionists ask British Minister for support He promises his aid - Loyalty of the West -War with Spain imminent - People anxious to "liberate" Mexico - Invasion of that country Burr's long-cherished dream — The people receive him cordially - He is given remarkable ovation - - - VII. THE CAPTURE AND ARRAIGNMENT - - Bollmann and Swartwout arrive at Washington and are impris- - - - --- 343 viction and execution - Jefferson writes bitterly of Marshall — - VIII. ADMINISTRATION VERSUS COURT - Richmond thronged with visitors-Court opens in the House of - - - - - Burr becomes popular with Richmond society Swartwout chal- - 398 |