Page:The Supreme Court in United States History vol 1.djvu/255

Rh V. Madison was already pending, involving an explosive political situation, the addition of a case presenting an even more heated political question was likely to render the situation of the Court highly precarious. Already talk of impeachment of some of the Judges was wide- spread. That the repeal of the Circuit Court Act of 1801 was not the only step which the Republicans in- tended to take in their campaign against the Federal Ju- diciary was matter of common knowledge as early as the spring of 1803, openly discussed in the newspapers and in letters of Federalist statesmen.^ "The judicial system is the victim," wrote James A. Bayard in 1802, "on which the hearts of the whole party are set. Until it is immolated, they consider that nothing is done." And William Plumer wrote early in 1803: "The Judges of the Supreme Court must fall. They are denounced by the Executive, as well as the House. They must be removed; they are obnoxious, unyielding men, and why should they remain to awe and embarrass the Administration? Men of more flexible nerves can be found to succeed them. Our afiFairs seem to approach an important crisis." "The Judiciary are an offensive barrier to their views and are to be changed or set aside," wrote Stephen Higginson. "The Judges of the Supreme Court are all Federalist. They stand in the way of ruling power. Its satellites also wish to occupy the places. The Judges, therefore, are, if possible, to be removed. Their judicial opinions, if at all questionable

^ New England Palladium, March 15, 1803. Timothy Pickering wrote to Richard Peters, Judge of the United States District Court in Pennsylvania, on Jan. 16, 180S, as to the probable attempt to impeach Chase and Peters for their conduct in the Fries and Cooper cases : "The object is to remove Chase to get rid of a troublesome Judge and to make room for one of the orthodox sect — no doubt of the same State with Chase — you will conjecture who this can be. This attempt cannot disturb your repose. An upright Judge has nothing to fear. He may indeed be removed from' office ; but his integrity the tyrants o£ the day cannot take away. ... I conclude they mean seriously to attadc yon." Peters Papers