negative. Chief-Justice Marshall and his colleagues meant to interpret the Constitution as seemed to them right, and they admitted no appeal from their decision.
The question how to deal with the Judiciary was, therefore, the only revolutionary issue before the people to be met or abandoned; and if abandoned then, it must be forever. No party could claim the right to ignore its principles at will, or imagine that theories once dropped could be resumed with equal chance of success. If the revolution of 1800 was to endure, it must control the Supreme Court. The object might be reached by constitutional amendment, by impeachment, or by increasing the number of judges. Every necessary power could be gained by inserting into the United States Constitution the words of the Constitution of Massachusetts, borrowed from English constitutional practice, that judges might be removed by the President on address by both Houses of the Legislature. Federalists were certain to denounce both object and means as revolutionary and dangerous to public repose; but such an objection could carry little weight with men who believed themselves to have gained power for no other purpose than to alter, as Jefferson claimed, the principles of government. Serious statesman could hardly expect to make a revolution that should not be revolutionary.
Had Jefferson overlooked the danger, costly as the oversight was, it might cause no surprise; but he