Volume III Part 12 (2/2)

[263] _Annals_, 7th Cong. 1st Sess. 747-55.

[264] _Ib._ 759.

[265] _Ib._ 760.

[266] See _infra_, chap. X.

[267] _Annals_, 7th Cong. 1st Sess. 760.

[268] _Ib._ 760.

[269] See _infra_, chaps. III and VI.

[270] _Annals_, 7th Cong. 1st Sess. 767-94.

[271] _Ib._ 793.

[272] _Ib._ 805-06.

[273] In sour disgust Morris notes in his diary: ”The House of Representatives have talked themselves out of self-respect, and at headquarters [White House] there is such an abandonment of manner and such a pruriency of conversation as would reduce even greatness to the level of vulgarity.” (March 10, 1802, Morris, II, 421.)

[274] _Annals_, 7th Cong. 1st Sess. 904.

Dana's statement is of first importance and should be carefully noted.

It was at the time the universally accepted view of the power of the Supreme Court to issue writs of mandamus. Neither Federalists nor Republicans had ever questioned the Const.i.tutional right of the Supreme Court to entertain original jurisdiction of mandamus proceedings in proper cases. Yet just this was what Marshall was so soon to deny in Marbury _vs._ Madison. (See _infra_, chap. III.)

[275] _Annals_, 7th Cong. 1st Sess. 920.

[276] _Ib._ 923-26.

[277] See _supra_, chap, I, 43.

[278] _Annals_, 7th Cong. 1st Sess. 983.

[279] Hildreth, V, 441.

[280] Bayard to Ba.s.sett, March 3, 1802, _Bayard Papers_: Donnan, 150; and see _Annals_, 7th Cong. 1st Sess. 982. One Republican, Dr. William Eustis of Boston, voted with the Federalists.

[281] _Hist. Last Sess. Cong. Which Commenced 7th Dec. 1801_ (taken from the _National Intelligencer_), 71.

[282] Tucker: _Life of Thomas Jefferson_, II, 114.

[283] _Was.h.i.+ngton Federalist_, March 3, 1802. Too much importance cannot be attached to this editorial. It undoubtedly expressed accurately the views of Federalist public men in the Capital, including Marshall, whose partisan views and feelings were intense. It should not be forgotten that his relations with this newspaper were believed to be intimate.

(See vol. II, 532, 541, of this work.)

[284] Plumer to Upham, March 1, 1802, Plumer MSS. Lib. Cong.

[285] March 12, 1802.

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