Marshall's opinion in Marbury _vs._ Madison was first referred to by counsel in a legal controversy in _Ex Parte_ Burford, 1806 (3 Cranch, 448). Robert Goodloe Harper next cited it in his argument for Bollmann (4 Cranch, 86; and see _infra_, chap. VII). Marshall referred to it in his opinion in that case, and Justice William Johnson commented upon it at some length.
A year later Marshall's opinion in Marbury _vs._ Madison was cited by Jefferson's Attorney-General, Cæsar A. Rodney. In the case _Ex Parte_ Gilchrist _et al. vs._ The Collector of the Port of Charleston, S.C. (5 Hughes, 1), the United States Court for that circuit, consisting of Johnson, Associate Justice of the Supreme Court, and the Judge of the District Court, granted a mandamus under the section of the Judiciary Act which Marshall and the entire court had, five years before, declared to be unconstitutional, so far as it conferred original jurisdiction upon the Supreme Court in applications for mandamus.
Rodney wrote to the President a letter of earnest protest, pointing out the fact that the court's action in the Gilchrist case was in direct antagonism to the opinion in Marbury _vs._ Madison. But Jefferson was then so savagely attacking Marshall's rulings in the Burr trial (see _infra_, chaps. VII, VIII, IX) that he was, at last, giving public expression of his disapproval of the opinion of the Chief Justice in Marbury _vs._ Madison. He did not even answer Rodney's letter.
The judges of the Supreme Court must fall. Our affairs approach an important crisis. (William Plumer.)
These articles contained in themselves a virtual impeachment of not only Mr. Chase but of all the Judges of the Supreme Court. (John Quincy Adams.)
We shall bring forward such a specimen of judicial tyranny, as, I trust in God, will never be again exhibited in our country. (John Randolph.)
We appear for an ancient and infirm man whose better days have been worn out in the service of that country which now degrades him. (Joseph Hopkinson.)
Our property, our liberty, our lives can only be protected by independent judges. (Luther Martin.)
"We _want your offices_, for the purpose of giving them to men who will fill them better." In these frank words, Senator William Branch Giles[430] of Virginia stated one of the purposes of the Republicans in their determined attack on the National Judiciary. He was speaking to the recently elected young Federalist Senator from Massachusetts, John Quincy Adams.[431]