[176] See infra, chaps. iii and iv.
[177] Annals, 7th Cong. 1st Sess. 31-32.
[178] Annals, 7th Cong. 1st Sess. 38.
[179] This unfortunate declaration of Morris gave the Republicans an opportunity of unlimited demagogic appeal. See infra. (Italics the author's.)
[180] Annals, 7th Cong. 1st Sess. 40-41.
Morris spoke for an hour. There was a "large audience, which is not common for that House." He prepared his speech for the press. (Diary and Letters of Gouverneur Morris: Morris, ii, 417.)
[181] Annals, 7th Cong. 1st Sess. 49.
[182] Ib. 47-48. Senator Jackson here refers to the case of Marbury vs. Madison, then pending before the Supreme Court. (See infra, chap. iii.) This case was mentioned several times during the debate. It is plain that the Republicans expected Marshall to award the mandamus, and if he did, to charge this as another act of judicial aggression for which, if the plans already decided upon did not miscarry, they would make the new Chief Justice suffer removal from his office by impeachment. (See infra, chap. iv.)
[183] Annals, 7th Cong. 1st Sess. 58. Tracy's speech performed the miracle of making one convert. After he closed he was standing before the glowing fireplace, "half dead with his exertions." Senator Colhoun of South Carolina came to Tracy, and giving him his hand, said: "You are a stranger to me, sir, but by —— you have made me your friend." Colhoun said that he "had been told a thousand lies" about the Federalist Judiciary Act, particularly the manner of passing it, and he had, therefore, been in favor of repealing it. But Tracy had convinced him, and Colhoun declared: "I shall be with you on the question." "May we depend upon you?" asked Tracy, wringing the South Carolina Senator's hand. "By —— you may," was the response. (Morison: Life of the Hon. Jeremiah Smith, footnote to 147.) Colhoun kept his word and voted with the Federalists against his party's pet measure. (Annals, 7th Cong. 1st Sess. 185.)
The correct spelling of this South Carolina Senator's name is Colhoun, and not Calhoun, as given in so many biographical sketches of him. (See South Carolina Magazine for July, 1906.)