Again, this was another episode that I don't remember watching. However, using the internet, I am now aware of what the episode was about. And the surprises me.
If I were doing an episode about the long, incredible judicial career of Chief Justice John Marshall (Gary Merrill) still the greatest name in the history of the United States Supreme Court, I would have concentrated on the decision at the end of his long tenure in the Cherokee Land cases, where he came out in favor of the Cherokee Indians as opposed to the Southerners (led by President Andrew Jackson) who wanted the Cherokees to move. The reason is it was not (in 1832) a very popular decision. It also demonstrated the one weakness of the U.S. Supreme Court, which mercifully for that institution has rarely been seen since. Jackson heard the decision with anger, and shot back, "Well, if John Marshall wants that decision enforced let him enforce it!" Marshall did not have that power (no Supreme Court Justice does!). It is only time that a Supreme Court decision was effectively ignored and buried!!
Instead, they chose to look at Marshall's handling (or mangling, depending on your point of view) of the 1807 treason trial in Richmond of former Vice President Aaron Burr. I have mentioned it in passing when talking of Burr in the film MAGNIFICENT DOLL. It is, in it's way, a classic, unintended comedy.
Burr had shown real interest in Texas and the west and Mexico, and he had gone west (after killing Hamilton in the 1804 duel) to gather supporters for his plans. Exactly what those plans were is still uncertain, but there were (and are) suspicions that he hoped to detach some of the western states for a possible new country including at least Texas and the western lands. If so that would have been treason.
Thomas Jefferson had never had any use for Burr after the 1800 election fiasco. Had Burr been quiescent and accepted being the new Vice President, Jefferson probably would have consulted with him. But Burr's attempt to overtake Jefferson and become President was too much for the sage of Monticello. Jefferson probably was happy when Burr shot and killed Hamilton, as it ended two enemy careers. But it also opened up all kinds of underhanded vistas for Burr - he was now sought for murder in New Jersey and New York, so he could temporarily cast aside his attempts at respectability. People like Burr, though, are far more dangerous when working behind the scenes. Jefferson was bitterly aware of that.
Jefferson had also been angry at the fact that the U.S. Supreme Court had his "dear" cousin John Marshall as Chief Justice. The two men hated each other. Marshall was, actually, the leading Federalist in the U.S. once that party lost the White House. As such he was determined to bring his view of nationalism to the front. First he did so in the case of Marbury v. Madison (1801) establishing that the Court had the power to review (and overturn) Congressional and Executive Branch legislations and decisions. Then he proceeded to harass Cousin Tom's legislative agenda whenever he had a chance.
Jefferson tried to retaliate with impeachment as a weapon. He attacked an insane New Hampshire Federalist Justice John Pickering, and removed him from the bench. Then he went after partisan Federalist Supreme Court Justice Samuel Chase. Unfortunately, here Tom's ignoring Aaron Burr came home to roost. Chase's impeachment was in the U.S. Senate, and Vice President Burr was the Judge. The case was handled by Jefferson's then ally, his cousin John Randolph of Roanoke. Randolph kept being put down on point after point of procedure by "Mr. Justice" Burr, who made sure that Samuel Chase was acquitted!
In 1807 the U.S. Supreme Court Justices had circuits to ride, and Marshall's included Richmond, the site of the trial for Burr's treason. Marshall had studied the case. It was pegged on the testimony of General James Wilkinson, the then senior General of the U.S. Army. Marshall knew what he had to do.
It was a remarkably even handed trial, and Jefferson knocked his head against the wall as he watched it. Burr's attorney, Henry Clay of Kentucky, kept bringing up matters concerning General Wilkinson. It seems the General had also been a co-conspirator with Burr, and only turned on him at the last moment (a running thread in Wilkinson's career of betrayals and treasons - he died a pensioner of the Spanish Government for espionage he did against the U.S.). Marshall kept giving Clay leeway, as opposed to the prosecution (thus replaying Aaron for his similar actions with Sam Chase's attorneys a few years before). Aaron got acquitted!
This trial (like all good Marshall cases) set a precedent. It is damned difficult, in the U.S., to have a successful treason trial. The Rosenbergs were a real exception (due to the climate of that time). Most of these trials end like Aarons - they blow up as though full of hot air!
If I were doing an episode about the long, incredible judicial career of Chief Justice John Marshall (Gary Merrill) still the greatest name in the history of the United States Supreme Court, I would have concentrated on the decision at the end of his long tenure in the Cherokee Land cases, where he came out in favor of the Cherokee Indians as opposed to the Southerners (led by President Andrew Jackson) who wanted the Cherokees to move. The reason is it was not (in 1832) a very popular decision. It also demonstrated the one weakness of the U.S. Supreme Court, which mercifully for that institution has rarely been seen since. Jackson heard the decision with anger, and shot back, "Well, if John Marshall wants that decision enforced let him enforce it!" Marshall did not have that power (no Supreme Court Justice does!). It is only time that a Supreme Court decision was effectively ignored and buried!!
Instead, they chose to look at Marshall's handling (or mangling, depending on your point of view) of the 1807 treason trial in Richmond of former Vice President Aaron Burr. I have mentioned it in passing when talking of Burr in the film MAGNIFICENT DOLL. It is, in it's way, a classic, unintended comedy.
Burr had shown real interest in Texas and the west and Mexico, and he had gone west (after killing Hamilton in the 1804 duel) to gather supporters for his plans. Exactly what those plans were is still uncertain, but there were (and are) suspicions that he hoped to detach some of the western states for a possible new country including at least Texas and the western lands. If so that would have been treason.
Thomas Jefferson had never had any use for Burr after the 1800 election fiasco. Had Burr been quiescent and accepted being the new Vice President, Jefferson probably would have consulted with him. But Burr's attempt to overtake Jefferson and become President was too much for the sage of Monticello. Jefferson probably was happy when Burr shot and killed Hamilton, as it ended two enemy careers. But it also opened up all kinds of underhanded vistas for Burr - he was now sought for murder in New Jersey and New York, so he could temporarily cast aside his attempts at respectability. People like Burr, though, are far more dangerous when working behind the scenes. Jefferson was bitterly aware of that.
Jefferson had also been angry at the fact that the U.S. Supreme Court had his "dear" cousin John Marshall as Chief Justice. The two men hated each other. Marshall was, actually, the leading Federalist in the U.S. once that party lost the White House. As such he was determined to bring his view of nationalism to the front. First he did so in the case of Marbury v. Madison (1801) establishing that the Court had the power to review (and overturn) Congressional and Executive Branch legislations and decisions. Then he proceeded to harass Cousin Tom's legislative agenda whenever he had a chance.
Jefferson tried to retaliate with impeachment as a weapon. He attacked an insane New Hampshire Federalist Justice John Pickering, and removed him from the bench. Then he went after partisan Federalist Supreme Court Justice Samuel Chase. Unfortunately, here Tom's ignoring Aaron Burr came home to roost. Chase's impeachment was in the U.S. Senate, and Vice President Burr was the Judge. The case was handled by Jefferson's then ally, his cousin John Randolph of Roanoke. Randolph kept being put down on point after point of procedure by "Mr. Justice" Burr, who made sure that Samuel Chase was acquitted!
In 1807 the U.S. Supreme Court Justices had circuits to ride, and Marshall's included Richmond, the site of the trial for Burr's treason. Marshall had studied the case. It was pegged on the testimony of General James Wilkinson, the then senior General of the U.S. Army. Marshall knew what he had to do.
It was a remarkably even handed trial, and Jefferson knocked his head against the wall as he watched it. Burr's attorney, Henry Clay of Kentucky, kept bringing up matters concerning General Wilkinson. It seems the General had also been a co-conspirator with Burr, and only turned on him at the last moment (a running thread in Wilkinson's career of betrayals and treasons - he died a pensioner of the Spanish Government for espionage he did against the U.S.). Marshall kept giving Clay leeway, as opposed to the prosecution (thus replaying Aaron for his similar actions with Sam Chase's attorneys a few years before). Aaron got acquitted!
This trial (like all good Marshall cases) set a precedent. It is damned difficult, in the U.S., to have a successful treason trial. The Rosenbergs were a real exception (due to the climate of that time). Most of these trials end like Aarons - they blow up as though full of hot air!