Page:The Supreme Court in United States History vol 1.djvu/210

182 and, writing to Madison in 1798, had said that his ""lax, lounging manners have made him popular with the bulk of the people of Richmond, and a profound hypocrisy, with many thmking men of our country. But, having come forth in the plenitude of his English principles, the latter will see that it is high time to make him known." To Monroe he had written in 1800 that '"nothing should be spared to eradicate this spirit of MarshalUsm/' ^ Moreover, Jefferson had an especial ground for distrust of Marshall at this particular time; for the report had become widely circulated, during the contest in Congress between Burr and Jefferson for the Presidency, that Marshall had given a legal opinion that Congress under certain contingencies might appoint a President, and it was rumored that the Chief Justice of the United States was to be selected. "We are told that the intention is to place the Chief Justice in the Presidential Chair and that John Jay was recommended in the spirit and body of this plan," said one newspaper.* "There

1 Jefferson, letter to Madiaon, Nov. 26, 1798 ; Worlu cf Thomas Jefferson (ed. by A. G. Lipscomb, 1903), XIX, letter to James Monroe, April 12, 1800. Judge Story reported Jefferson as saying: "When conversing with Marshall, I never admit anything. So sure as you admit any position to be good, no matter how remote from the conclusion he seeks to establish, you are gone. So great is his sophistry you must never give him an affirmative answer or you will be forced to grant his conclusion. Why, if he were to ask me if it were daylight or not, Fd reply, *Sir, I don't know, I can't tell.' " Life cf Rtdherford Birchard Eayee (1914), by Charles R. Williams, diary entry of Sept. 20, 1848.

s Salem Oatette, Jan. 16, 1801. The Aurora, Jan. 10, 15, 1801, stated that in the event that the House of Representatives were unable to arrive at a choice by March 4, 1801, some of the chief Federalists who had assembled at the house of Judge Chase in Baltimore had devised a plan to retain possession of the Government by a bill to put the Chief Justice in the Presidential Chair. Monroe wrote from Ridimond, Jan. 6, 1801, to Jefferson: "Strange reports drculatory here . . . that Federalism means to commit the power by a Legislative act to John Mardiall, Samuel A. Otis, or some other person till another election." On Jan. 18^ 1801, he wrote : " It is said here that Marshall has given an opinion in co nve rs a tion with Stoddard that in case 9 States should not unite in favor dt one of the persons dioaen* the Legislature may appoint a President till another election is made, and that intrigues are carrying to place us in that situation. This is stated in a letter from