[325] Ib. 390.
[326] Ib. 404. Jefferson did this because, as he said, the appointees of Adams were too numerous.
[327] Journal, Exec. Proc. Senate, i, 417.
[328] See supra, 94-97.
[329] See infra, chap. iv.
[330] This belief is strikingly shown by the comment of the Republican press. For example, just before Marshall delivered his opinion, a correspondent of the Independent Chronicle of Boston sent from Washington this article:
"The efforts of federalism to exalt the Judiciary over the Executive and Legislature, and to give that favorite department a political character & influence, may operate for a time to come, as it has already, to the promotion of one party and the depression of the other; but will probably terminate in the degradation and disgrace of the Judiciary.
"Politics are more improper and dangerous in a Court of Justice, if possible, than in the pulpit. Political charges, prosecutions, and similar modes of official influence, ought never to have been resorted to by any party. The fountains of justice should be unpolluted by party passions and prejudices.
"The attempt of the Supreme Court of the United States, by a mandamus, to control the Executive functions, is a new experiment. It seems to be no less than a commencement of war between the constituted departments.
"The Court must be defeated and retreat from the attack; or march on, till they incur an impeachment and removal from office. But our Republican frame of Government is so firm and solid, that there is reason to hope it will remain unshaken by the assaults of opposition, & the conflicts of interfering departments.