"Horatius's" opinion concluded that the power of Congress "is completely adequate ... to provide by law for the vacancy that may happen by the removal of both President and Vice President on the 3d of March next, and the non-election of a successor in the manner prescribed by the constitution."
[1270] Monroe to Jefferson, Jan. 18, 1801; Monroe's Writings: Hamilton, iii, 256.
[1271] Jefferson to Madison, Dec. 26, 1800; Works: Ford, ix, 161-62.
[1272] "Hortensius" to John Marshall, Secretary of State, in the Richmond Examiner; reprinted in the Aurora, Feb. 9, 1801. George Hay, the writer of this letter, was a lawyer in Richmond. Jefferson appointed him United States Attorney for the District of Virginia, and, as such, he conducted the prosecution of Aaron Burr for treason before John Marshall, who, as Chief Justice of the United States, presided at the trial. (See vol. iii of this work.)
Marshall was again attacked in two open letters, signed "Lucius," in the Richmond Examiner, Feb. 10, 13, 1801. His reported opinion, said "Lucius," alarmed "the active friends of freedom"; Marshall was "the Idol of his party" and knew the influence of his views: unless he publicly disclaimed the one now attributed to him, "Lucius" proposed to "unveil" Marshall's "motives" and "expose" him "uncovered to the sight of the people"—his "depravity shall excite their odium," etc. "Lucius's" attacks ended with Jefferson's election.
[1273] The paper criticized "the intemperate counsel of a certain would be attorney-general of the United States (George Hay, Esq. of the antient dominion) ... under the signature of Hortensius, and addressed to General Marshall, in consequence of a lie fabricated against him relative to an opinion said to have been given by him upon the late presidential election, which the honorable attorney knew to be a lie as well as we did, but was fearful of being forgot, and despaired of getting a better opportunity to shew himself!!!" (Washington Federalist, Feb. 12, 1801.)
[1274] Jefferson to Monroe, Feb. 15, 1801; Works: Ford, ix, 178-79; and see Jefferson to McKean, March 9, 1801; ib., 206.
[1275] Jefferson to Madison, Feb. 18, 1801; ib., 182.
[1276] Monroe to Hoomes, Feb. 14, 1801; Monroe's Writings: Hamilton, iii, 259; and Monroe to Nicholas, Feb. 18, 1801; ib., 260.
[1277] For these incidents and reports see Gallatin to his wife, May 8, 1801; Adams: Gallatin, 249.