162
impeach Marshall and write a constitutional amendment
that would roll back Marshall’s decisions and sharply
circumscribe judicial authority. ‘We had supposed we
possessed fixed laws to guard just equally against
treason and oppression’, Jefferson raged. “But it now
appears we have no law but the will of the Judge.”
(Thomas Jefferson to Willam Thompson, September 26,
1807, Ford, works of TJ, 10: 501-502).
Jefferson ordered ‘Let the Judge be impeached’,
demanded
the
Richmond
Enquirer
which
call
Federal
Judges in general ‘too independent of the people’ and
Marshall in particular ‘a disgrace to the bench of
justice’.
(Enquirer
(Richmond),
December,
1808).
Jefferson’s Republican in congress acted to dilute
Marshall’s powers by increasing the number of Supreme
Court Justices to seven to ensure a large enough
Republican majority to dispatch Chief Justice John
Marshall and his opinions into legal obscurity, but
he
failed
255).
in
his
endeavour.
(John
Marshall,
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