[259] _Annals_, 7th Cong. 1st Sess. 662-63.
[260] The Federalist organ tried, by ridicule, to minimize Randolph's really strong speech. "The speech of Mr. Randolph was a jumble of disconnected declamation.... He was horribly tiresome to the ear and disgusting to the taste." (_Washington Federalist_, Feb. 22, 1802.)
[262] _Ib._ 737. See also vol. I, 452, of this work.
[263] _Annals_, 7th Cong. 1st Sess. 747-55.
[270] _Annals_, 7th Cong. 1st Sess. 767-94.
[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.)
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 Constitutional 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.)
[280] Bayard to Bassett, 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] _Washington 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.
[288] Vans Murray to King, April 5, 1802, King, IV, 95.
[289] Sedgwick to King, Feb. 20, 1802, _ib._ 73.
[290] Ames to Dwight, April 16, 1802, Ames, I, 297.
[294] They never occupied the bench under the Federalist Act of 1801. They were appointed, but the swift action of Jefferson and the Republicans prevented them from entering upon the discharge of their duties.