Michigan Bar Journal May 2012 48 Book Review

A Brave Man Stands Firm: The Historic Battles Between Chief Justice and President By Ronald C. Zellar, published by Algora Publishing (2011), 288 pages, hardcover $33.95, softcover $23.95 http://www.algora.com/home.htm

Reviewed by Frederick Baker Jr.

ormer Michigan Assistant At- of Burr’s trial. It is from the summation by the House of Representatives, and Jefferson torney General Ronald Zellar Luther Martin, Burr’s defense counsel, who became president only after 36 ballots; Burr has made the productive use sought to encourage Marshall in the face of served uneasily as vice president during Jef- F of his early retirement years such threats, that the book’s title derives: ferson’s first term. Ironically (because the that the rest of us fantasize about by writ- failure of Jefferson’s impeachment strategy ing a really good book. It reminds me that When the sun mildly shines upon us, for remolding the Federalist-dominated judi- there is no antidote to ignorance like study. I when the gentle zephyrs play around us, ciary probably encouraged Marshall during thought from my personal interest in the case we can easily proceed forward in the Burr’s treason trial), Burr dutifully presided that I understood the political dynamics sur- straight path of our duty; but when black in the Senate over the impeachment trial of rounding Marbury v Madison,1 but found clouds enshroud the sky with darkness, Supreme Court Justice . It was that I had no idea how intense and bitter when the tempest rages, the winds howl, Chase’s acquittal that doomed Jefferson’s the rivalry and confrontations between Jef- and the waves break over us—when the strategy of judicial intimidation and removal. ferson and Marshall were. Indeed, as Zellar thunders awfully roar over our heads, and As a Jefferson rival, Burr was of course observes and his book makes vivid, there the lightnings of heaven blaze around not asked to run with him in 1804. His po- was no relationship between the two men: us—it is then that all the energies of the litical isolation on the national level proved “it was a war.” human soul are called into action. It is fateful because, when he sought instead the Zellar’s book weaves together the sto- then that the truly brave man stands firm New York governorship, he was the object ries of the four great conflicts between the at his post. It is then that, by an unshaken of comments by Alexander Hamilton that two, collectively sometimes referred to as performance of his duty, man approaches led to their fatal duel. Ostracized in New Jefferson’s war on the judiciary: the new the nearest possible to the Divinity.... York and wanted for murder in New Jer- Democratic-Republican majority’s repeal of sey, where the duel occurred, Burr resorted the (Federalist) Judiciary Act of 1801, replac- The relationship between Burr and Jef- to his western adventures, which undoubt- ing it with the Judiciary Act of 1802; the ferson was an odd one. It is easy to forget edly included planning an invasion of Mex- Marbury decision; the judicial impeachment that Burr and Jefferson were running mates ico. Jefferson (under the influence of Gen- strategy Jefferson employed to combat the who tied in the Electoral College, surely to eral James Wilkinson, commander in chief power of Federalists appointed to the ju- Jefferson’s chagrin, as he had invited Burr of American forces, himself undoubtedly a diciary in the waning days of the Adams to join the ticket. The contest was thrown to conspirator with Burr, and, we now know, administration; and the long cord of this four-strand story, Aaron Burr’s treason pros- ecution, in which Jefferson, lionized today as a great democrat and civil libertarian, I had no idea how intense and bitter the sought to manipulate the outcome of the trial and bend the court to