Page:The Supreme Court in United States History vol 1.djvu/211

Rh has been much alarm at the intimation of such a pro- jected usurpation, and much consultation, and a spirit fully manifested not to submit to it," wrote Monroe to Jefferson on January 18, 1801, two days before Marshall's nomination as Chief Justice. These rumors, whether true or false, and the known fact that Marshall, while taking no active part, was not entirely averse to the election of Burr to the Presidency, very naturally increased the new President's personal prejudice against the new Chief Justice. ^ It is entirely probable also that Jefferson was aware of Marshall's personal views. "To Mr. Jefferson ... I have felt almost insuperable objections," Marshall wrote to Hamilton. "His for- eign prejudices seem to me totally to unfit him for the chief magistracy. ... In addition to this solid and immovable objection, Mr. Jefferson appears to me to be a man who will embody himself with the House of Representatives. By weakening the office of Presi- dent, he will increase his personal power. He will • one of Uie representatives (I think Randolph) and has excited the utmost indignation in the Legislature." The Connedicui Courant, March 28, 1801, contained an account of an interview with James Hillhouse, late President pro-tem of the Senate, stating that these rumors as to projected action of Congress were utterly false and that he never heard of the plan reported by the Auroni, until the Aurora published it.

^ See Marshall, 11, 542. As to Marshall's views relative to the election and Burr, see articles Washington Federalist, Jan. 6, 21, 25, Feb. 6, 12, 1801, which it was generally supposed (and with some reason, as Beveridge believes) were either written or inspired by Marshall.

The coolness existing between the Chief Justice and the President, after the latter*s election, may be inferred from the following amusing reference. The Waskinffton Federalist, quoted in Columbian CenHnek Aug. 29, 1801, stated : "There was such a gang of strange beings continually haunting the President's house, crying More, More! Give, Give! that the Prendent thought proper to decamp. The presence of the Chief Justice perhaps had some e£fect in hastening his departure." The National Aegis, Dec. 12, 1801, charged Marshall with being "the malignant enemy of the President.'* The Aurora's Washington correspondent, March 8, 1805, describing Jefferson's second inauguration, wrote: "The President and Vice-President were sworn in today. The concourse of spectators was immense. Four of the Judges of the Supreme Court, Chief Justice Marshall, Gushing, Paterson and Washington ; and / observed that the Judge did not turn his back upon the President tohilst administering the oath as he did this dap four years ago"