V. Madison was already pending, involving an explosive
political situation, the addition of a case presenting an
even more heated political question was likely to render
the situation of the Court highly precarious. Already
talk of impeachment of some of the Judges was wide-
spread. That the repeal of the Circuit Court Act of
1801 was not the only step which the Republicans in-
tended to take in their campaign against the Federal Ju-
diciary was matter of common knowledge as early as the
spring of 1803, openly discussed in the newspapers and in
letters of Federalist statesmen.^ "The judicial system
is the victim," wrote James A. Bayard in 1802, "on
which the hearts of the whole party are set. Until it
is immolated, they consider that nothing is done." And
William Plumer wrote early in 1803: "The Judges of
the Supreme Court must fall. They are denounced by
the Executive, as well as the House. They must be
removed; they are obnoxious, unyielding men, and
why should they remain to awe and embarrass the
Administration? Men of more flexible nerves can be
found to succeed them. Our afiFairs seem to approach
an important crisis." "The Judiciary are an offensive
barrier to their views and are to be changed or set
aside," wrote Stephen Higginson. "The Judges of the
Supreme Court are all Federalist. They stand in the
way of ruling power. Its satellites also wish to occupy
the places. The Judges, therefore, are, if possible, to be
removed. Their judicial opinions, if at all questionable
^ New England Palladium, March 15, 1803. Timothy Pickering wrote to Richard Peters, Judge of the United States District Court in Pennsylvania, on Jan. 16, 180S, as to the probable attempt to impeach Chase and Peters for their conduct in the Fries and Cooper cases : "The object is to remove Chase to get rid of a troublesome Judge and to make room for one of the orthodox sect — no doubt of the same State with Chase — you will conjecture who this can be. This attempt cannot disturb your repose. An upright Judge has nothing to fear. He may indeed be removed from' office ; but his integrity the tyrants o£ the day cannot take away. ... I conclude they mean seriously to attadc yon." Peters Papers
