Note 49 — SIXTH CONGRESS.—FIRST SESSION. (continued 2)

This was a skilful movement, and a fair one. It shifted the onus from the friends to the opponents of the President; and besides giving them the advantage of the defensive, impeded the supporters of Mr. Livingston's motion with preliminary and extrinsic questions from the start. It was a great party question in its day, and before the people chiefly turned upon the point that Robbins was an American citizen, while in Congress that point was given up, and the debate turned upon the legal right of the President to advise the judge to give up the man, and especially to giving him up without trying his claim to American citizenship. Though made, in the main, a party question, it was not entirely so in the vote, many of the democracy voting with the federal members in justification of Mr. Adams. It was in this debate that the (afterwards) Chief Justice Marshall made the speech which gained him so much fame.