788. BATTURE, Marshall's bias and.—[continued].
What the issue of the
case ought to be, no unbiased man can doubt.
What it will be, no one can tell. The judge's
[Marshall's] inveteracy is profound, and his
mind of that gloomy malignity which will never
let him forego the opportunity of satiating it
on a victim. His decisions, his instructions to
a jury, his allowances and disallowances and
garblings of evidence, must all be subjects of
appeal. I consider that as my only chance of
saving my fortune from entire wreck. And to
whom is my appeal? From the judge in
Burr's case to himself and his associate judges
in the case of Marbury v. Madison. Not exactly,
however. I observe old Cushing is dead.
At length, then, we have a chance of getting a
republican majority in the Supreme judiciary.—
To Albert Gallatin.
Ford ed., ix, 284.
(M.
Sep. 1810)
