[271] Ib. 793.
[272] Ib. 805-06.
[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.)
[274] Annals, 7th Cong. 1st Sess. 904.
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.)
[275] Annals, 7th Cong. 1st Sess. 920.
[276] Ib. 923-26.
[277] See supra, chap, i, 43.
[278] Annals, 7th Cong. 1st Sess. 983.
[279] Hildreth, v, 441.