Thomas Jefferson: The Art of Power (102 page)

“M
R
. J
EFFERSON
DOESN
'
T
AT
ALL
”
Louis-Andre Pichon, Les Archives Diplomatiques.

T
H
E
NEW
J
UDICIARY
A
CT
OF
1802
See, for instance, Richard E. Ellis,
The Jeffersonian Crisis: Courts and Politics in the Young Republic
(New York, 1971), and Johnstone,
Jefferson and the Presidency,
164–80.

PROCEEDED
WITH
CAUTION
Johnstone,
Jefferson and the Presidency,
170–73. While Richard E. Ellis argued that
Marbury v. Madison
triggered Jefferson's push for judicial reform (Ellis,
Jeffersonian Crisis,
40–45), Johnstone believed that “the little evidence available … seems to point to the conclusion that while the
Marbury
‘show cause' order did galvanize Republicans into demands for immediate action and may well have convinced Jefferson to agree to put repeal first on the Senate's agenda at the December session of Congress, the president's basic commitment for repeal had already been made.” (Johnstone,
Jefferson and the Presidency,
172.)

“
IN
PURSUANCE
OF
THE
RECOMMENDATION
”
Ibid., 173. On Saturday, February 20, 1802, in a seven-hour speech, James Bayard attacked the repeal of the 1801 act. (
PTJ,
XXXVI, 618–19.) “There are many,” he said, “very many who believe, if you strike this blow, you inflict a mortal wound on the Constitution. There are many now willing to spill their blood to defend that Constitution. Are gentlemen disposed to risk the consequences?” (Ibid., 619.) Jefferson reacted coolly—and hoped his equanimity would be noticed. “They expect to frighten us: but are met with perfect sangfroid,” Jefferson told Thomas Mann Randolph, Jr., the day after Bayard's remarks. (Ibid., 618.)

T
HE
R
EPEAL
PASSED
PTJ,
XXXVII, 72–74.

T
HE
H
O
USE
VOTE
REFLECTED
Johnstone,
Jefferson and the Presidency,
175.

A
SINGLE
VOTE
Ibid.

THE
F
EDERAL
ISTS
WERE
HORRIFIED
“If the principle becomes settled which is established by this decision of the Legislature, I shall hereafter consider the Constitution of no value,” Roger Griswold wrote on Friday, March 5, 1802. (Letter of Roger Griswold, March 5, 1802, William Lane Griswold Memorial Collection, Yale University.)

“T
HE
JUDGE
'
S
INVETER
ACY
IS
PROFOUND
”
Henry Adams,
History,
132.

T
HE
CASE
OF
M
ARBURY
V
. M
ADISON
Simon,
What Kind of Nation,
173–90.

P
ICKERING
WAS
UNSTABLE
Irving Brant,
Impeachment: Trials and Errors
(New York, 1972), 46–57, is good on Pickering's alcoholism. Also see Lynn W. Turner, “The Impeachment of John Pickering,”
American Historical Review
54 (April 1949), 485–507, and Eleanore Bushnell,
Crimes, Follies, and Misfortunes: The Federal Impeachment Trials
(Urbana, Ill., 1992), 43–55.

THE
EFFORT
AGAINST
C
HASE
Brant,
Impeachment,
58–83, and Richard Ellis, “The Impeachment of Samuel Chase” in
American Political Trials,
ed. Michael R. Belknap (Westport, Conn., 1981), 57–78.

“W
HERE
THE
LAW
IS
UNCERTAIN
”
Henry Adams,
History,
402.

“O
UGHT
THIS
SEDITIOU
S
AND
OFFICIAL
ATTAC
K
”
Ibid., 402–3.

“I
ASK
THESE
QUESTI
ONS
”
Ibid.

THE
S
ENATE
CONVI
CTED
J
OHN
P
ICKERING
EOL,
422.

THE
H
OUSE
IMPEACHED
S
AMUEL
C
HASE
Ibid., 422–24.

AN
ACQUITTAL
FROM
THE
S
ENATE
Ibid., 424.

AN
“
E
LECTIONEERING
PARTIS
AN
”
Henry Adams,
History,
456.

HOPES
“
THAT
YOU
R
E
XCELLENCY
”
PTJ,
XXXV, 477.

ASKED
“
TO
GO
TO
W
ASHINGTON
”
Ibid., XXXVI, 581.

“Y
OU
ARE
IN
DANGER
”
Ibid., 641.

“A
N
EN
ERGETIC
TONE
”
Ibid., XXXIII, 257.

“A
T
LEN
GTH
THE
POOR
ARTS
”
Ibid., 208. See also
The Hutchinson Illustrated Encyclopedia of British History,
ed. Simon Hall (Chicago, 1999), 224, and Edward Hale,
The Fall of the Stuarts and Western Europe from 1678 to 1697
(New York, 1913), 36–37.

A
MODERATE
TONE
Ibid., 208–9.

“W
E
MUST
BE
EASY
”
Ibid., 423.

HE
DI
D
NOT
FAIL
TO
TAKE
D
ECISIVE
ACTION
Carl E. Prince, “The Passing of the Aristocracy: Jefferson's Removal of the Federalists, 1801–1805,”
The Journal of American History
57, no. 3 (December 1970): 563–75. See also Carl Russell Fish, “Removal of Officials by the Presidents of the United States,” in
Annual Report of the American Historical Association for the Year 1899,
I (Washington, D.C., 1900), 67–70.

H
E
DISPLACED
ABOUT
46
P
ERCENT
Prince, “Passing of the Aristocracy,” 565–66.

THE
STRONG
M
AJORITY
OF
WHOM
Ibid.

THE
HISTORICAL
COMPANY
OF
A
NDREW
J
ACKSON
Ibid., 566.

HAR
D
ON
A
DAMS
'
S
LAST
-
MIN
UTE
DECISIONS
PTJ,
XXXIII, 428. “The nominations crowded in by Mr. Adams after he knew he was not appointing for himself, I treat as mere nullities,” Jefferson said on March 24, 1801. (Ibid.)

THAT
OF
E
LIZUR
G
OODRICH
Ibid., XXXIV, 90–94.

A
REMONSTRANCE
AGAINS
T
G
OODRICH
'
S
REMOVAL
Ibid., 381–84. Also see ibid., 301–2.

“D
ECLARATIONS
BY
MYSELF
”
Ibid., 555–56.

THE
NATU
RE
OF
THE
ENTERPRISE
Louis-André Pichon, Les Archives Diplomatiques. From the perspective of an outsider, Louis-André Pichon clearly got the message Jefferson was sending. “Mr. Jefferson doesn't at all hesitate to say that the previous administration conducted itself under anti-republican maxims” and that he was going to correct such “inequalities and errors.” To Pichon, the New Haven matter left “no doubt about the course which he proposes to follow during his administration.” (Ibid.)

“T
HE
INFAMOUS
AND
S
EDITIOUS
LIBELS
”
PTJ,
XXXIX, 473
.

“O
N
THE
SUBJECT
OF
PR
OSECUTIONS
”
Ibid., 553.

“I
T
IS
WE
LL
KNOWN
THAT
”
PTJ,
XXXVIII, 323–25. The editors of
PTJ
cite: Richmond
Recorder,
15, 22, 29 Sep., 20 Oct., 10, 17 Nov., 8 Dec. 1802; anb, s.v. “Hemings, Sally”; Durey,
Callender,
157–63; Annette Gordon-Reed,
Thomas Jefferson and Sally Hemings: An American Controversy
(Charlottesville, Va., 1997), 59–77; Joshua D. Rothman, “James Callender and Social Knowledge of Interracial Sex in Antebellum Virginia,” in Jan Ellen Lewis and Peter S. Onuf, eds.,
Sally Hemings & Thomas Jefferson: History, Memory, and Civic Culture
(Charlottesville, Va., 1999), 87–113.

HE
CORRECTED
THOSE
HE
MISSED
Ibid., 325.

“T
HE
LICEN
SE
THAT
HAS
BEEN
IND
ULGED
”
Louis-André Pichon, P19507 États-Unis 1802–1803 (an XI), Les Archives Diplomatiques.

AN
1805
LETTER
Thomas Jefferson to Robert Smith, Washington, July 1, 1805, Huntington Library, San Marino, Calif.

I
T
IS
POSSIBLE
,
THOUGH
,
THAT
J
EFFERSON
WAS
NO
T
ADDRESSING
TJF,
http://www.monticello.org/site/plantation-and-slavery/iii-review-documentary-sources (accessed 2012).

“C
ALLE
NDER
AND
S
ALLY
”
McCullough,
John Adams,
581. Jefferson's friends hurried to reassure him. “I would at this time only remark that as to the case of the lady there is not a
gentleman
in the U. States of either party who does not hold in detestation the pitiful propagations of so pitiful a tale,” Smith replied from Baltimore on July 4, 1805. “Your country by their approving voice at the last election have passed sentence on all the allegations that malice has exhibited against you.”

Of Callender in particular, John Quincy Adams wrote Rufus King on October 8, 1802: “He writes under the influence of personal resentment and revenge, but the effect of his publications upon the reputation of the President has been considerable.” (
Life and Correspondence of Rufus King,
IV, 176.)

WAS
FOUND
DROWNED
Lewis and Onuf,
Sally Hemings and Thomas Jefferson,
104.

IN
THR
EE
FEET
OF
WATER
Hyland,
In Defense of Thomas Jefferson,
9–10.

OBSERVED
WANDERING
D
RUNKENLY
Ibid.

T
HE
INQUES
T
FOUND
NO
EVIDENCE
Ibid.

IN
1806, T
HOMAS
M
OORE
,
AN
I
RISH
POET
Stanton,
“Those Who Labor for My Happiness,”
27–29.

“T
HE
WEARY
STATESMA
N
”
Ibid., 29.

P
ATSY
AND
A
FORME
R
SECRETARY
Ibid., 30.