The Advanced Photography Guide David Taylor

download

https://ebookbell.com/product/the-advanced-photography-guide-
david-taylor-9951644

Explore and download more ebooks at ebookbell.com

Here are some recommended products that we believe you will be
interested in. You can click the link to download.

Langfords Advanced Photography Eighth Edition The Guide For Aspiring

Photographers The Langford Series 8th Edition Efthimia Bilissi

https://ebookbell.com/product/langfords-advanced-photography-eighth-
edition-the-guide-for-aspiring-photographers-the-langford-series-8th-
edition-efthimia-bilissi-2472060

Photographers Guide To The Fujifilm X100s Getting The Most From

Fujifilms Advanced Digital Camera Illustrated Alexander S White

https://ebookbell.com/product/photographers-guide-to-the-
fujifilm-x100s-getting-the-most-from-fujifilms-advanced-digital-
camera-illustrated-alexander-s-white-35482370

The Advanced Digital Photographers Workbook Yvonne J Butler

https://ebookbell.com/product/the-advanced-digital-photographers-
workbook-yvonne-j-butler-1420922

Post Exposure Advanced Techniques For The Photographic Printer 2 Ed

Ctein

https://ebookbell.com/product/post-exposure-advanced-techniques-for-
the-photographic-printer-2-ed-ctein-6100932
The Advanced Cyclists Training Manual Fitness And Skills For Every
Rider Guy Andrews Luke Edwardesevans

https://ebookbell.com/product/the-advanced-cyclists-training-manual-
fitness-and-skills-for-every-rider-guy-andrews-luke-
edwardesevans-49597346

The Advanced Practice Nurse Cardiovascular Clinician Kelley Anderson

Phd

https://ebookbell.com/product/the-advanced-practice-nurse-
cardiovascular-clinician-kelley-anderson-phd-53815818

The Advanced Patterns Of Eft Silvia Hartmann

https://ebookbell.com/product/the-advanced-patterns-of-eft-silvia-
hartmann-2163916

The Advanced Art Of Baking Pastry R Andrew Chlebana

https://ebookbell.com/product/the-advanced-art-of-baking-pastry-r-
andrew-chlebana-22080842

The Advanced Geometry Of Plane Curves And Their Applications Dover

Phoenix Editions C Zwikker

https://ebookbell.com/product/the-advanced-geometry-of-plane-curves-
and-their-applications-dover-phoenix-editions-c-zwikker-2249638
 ADVANCED
THE

PHOTOGRAPHY

GUIDE
 ADVANCED
THE

PHOTOGRAPHY

GUIDE
David Taylor
 Senior Editor Angela Wilkes
Project Art Editor Katie Cavanagh
Editors Francesco Piscitelli, David Tombesi-Walton,
David Summers
US Editors Megan Douglass, Karyn Gerhard
Designers Steve Bere, Phil Gamble, Mark Cavanagh,
Katie Knutton, Simon Murrell
Photography Production XAB Design Nigel Wright
Photographers Gerard Brown, Janice Browne, Ruth Jenkinson,
Dave King, Rob Streeter, Nigel Wright
Producer, Preproduction Jacqueline Street-Elkayam
Production Controller Mandy Inness
Managing Editor Gareth Jones
Senior Managing Art Editor Lee Griffiths
Jacket Designers Mark Cavanagh, Stephanie Cheng Hui Tan
Jacket Editor Claire Gell
Jacket Design Development Manager Sophia MTT
Associate Publishing Director Liz Wheeler
Art Director Karen Self
Publishing Director Jonathan Metcalfe

First American Edition, 2018

Published in the United States by DK Publishing
345 Hudson Street, New York, New York 10014

Copyright © 2018 Dorling Kindersley Limited

DK, a Division of Penguin Random House LLC
18 19 20 21 22 10 9 8 7 6 5 4 3 2 1
001–305933–July/2018

All rights reserved.

Without limiting the rights under the copyright reserved above,
no part of this publication may be reproduced, stored in or
introduced into a retrieval system, or transmitted, in any form,
or by any means (electronic, mechanical, photocopying, recording,
or otherwise), without the prior written permission of both the
copyright owner and the above publisher of this book.
Published in Great Britain by Dorling Kindersley Limited

A catalog record for this book is available from the

Library of Congress.
ISBN 978-1-4654-7356-1

DK books are available at special discounts when purchased in bulk

for sales promotions, premiums, fund-raising, or educational use.
For details, contact: DK Publishing Special Markets, 345 Hudson
Street, New York, New York 10014 or [email protected]

Printed and bound in China

All images © Dorling Kindersley Limited

For further information see: www.dkimages.com

A WORLD OF IDEAS:
SEE ALL THERE IS TO KNOW
www.dk.com
CONTENTS
Introduction 8 Applying Aperture Priority Mode
About This Book 10 Achieving Depth of Field in Landscapes 56
Simplifying Composition with Selective Focus 58
1. EQUIPMENT 12 Applying Shutter Priority Mode
Action Shots 60
Introducing Equipment 14
Intentional Camera Movement 62
Explaining Cameras
Applying Manual Mode
From Capture to Storage 16
Creating a Stitched-Together Panoramic Image 64
Single Lens Reflex Cameras 18
Applying Bulb Mode
Compact System Cameras 20
Shooting Star Trails 66
Explaining Lenses
Explaining Metering
Which Lenses? 22
Exposure Metering 68
Explaining Lighting
Applying Spot Metering
Lighting 24
Shooting at a Concert 70
Light Modifiers 26
Explaining Creative Exposure
Explaining Accessories
Creative Exposure 72
Camera Support 28 Applying Multiple Exposure
Explaining File Formats Blending Multiple Photos 74
JPEG vs. Raw 30

2. COMPOSITION 32 3. FOCUSING 76
Introducing Composition 34 Introducing Focusing 78
Explaining the Rules of Composition Explaining Autofocus
Composition Guidelines 36 Autofocus Modes 80
Explaining Color Autofocus Points 82
Color Harmonies 40 Applying Continuous Autofocus
Applying Color Back-Button Focusing 84
Using Complementary Colors 42 Explaining Manual Focus
Explaining Color How to Focus Manually 86
Color Temperature 44 Applying Manual Focus
Applying White Balance Focusing in Advance 88
Setting White Balance for Creative Effect 46 Maximizing Depth of Field 90

3. EXPOSURE 48 4. LENSES 92
Introducing Exposure 50 Introducing Lenses 94
Explaining Exposure Modes Explaining Focal Length
Exposure Modes 52 Focal Length 96
Applying Program Mode Applying Wide-Angle Lenses
Fine-Tuning Exposure 54 Shooting Interior Spaces 100
Applying Standard Lenses Applying Manual Flash
Shooting Street Photography 102 Manually Setting Flash Power 146
Applying Telephoto Lenses Explaining Wireless Flash
The Brenizer Method 104 Using Wireless Flash 148
Explaining Speciality Lenses Applying Multiple Flashes
Speciality Lenses 106 Using Multiple Flashes 150
Applying Adapted Lenses Applying Gels
Using Adapted Lenses 108 Altering Flash Color 152
Applying Tilt-Shift Lenses
Shooting Tall Buildings 110 8. IMAGE ENHANCEMENT 154
Explaining Macro Lenses
Introducing Image Enhancement 156
Shooting in Macro 112
Explaining Editing Software
Applying Extension Tubes
Using Editing Software 158
Focusing Closer 114
Applying Dodging and Burning
Applying Focus Stacking
Lightening and Darkening 160
Perfecting Focus 116
Applying Lens Correction
Correcting Subtle Flaws 162
6. FILTERS 118 Applying Sharpening
Introducing Filters 120 Adjusting Sharpness 164
Explaining Exposure Control Filters Explaining Monochrome Techniques
Exposure Control Filters 122 Black-and-White Photography 166
Applying 10-Stop Filters Applying Monochrome Techniques
Creating Extreme Blur 124 Changing Tones 168
Applying Graduated ND Filters Applying the Brenizer Effect
Balancing Different Amounts of Light in a Landscape 126 Stitching Together Standard Photos and Panoramas 170
Explaining Effects Filters Explaining Layers
Using Effects Filters 128 Working with Layers 172
Applying Polarizing Filters Applying Layer Masks
Improving Visibility 130 Selective Adjustments 174
Applying Cross Processing
Adjusting Color 176
7. FLASH 132 Explaining Data Asset Management
Introducing Flash 134 Cataloging Images 178
Explaining Built-In Flash Applying Prints
What is Built-In Flash? 136 Preparing to Print 180
Applying Slow Sync Flash
Using Flash in Low Light 138 Glossary 182
Explaining External Flash Index 186
Flash Effects 140 Acknowledgments 192
Applying High-Speed Sync Flash
Using High-Speed Sync Flash 142
Explaining Manual Flash
Using Manual Exposure Flash 144
 9

INTRODUCTION
Photography has never been more popular, yet cameras have never been
more complicated. Over the next 176 pages, this book will gently guide you
through the important concepts necessary to build on your experience
and technical grounding to take your photography to a more advanced
level. To help you digest this new knowledge, you will also be reminded of
the basics along the way. This guide covers a range of comprehensive
topics, from experimenting with exposure, depth of field, lenses, and flash,
to how to enhance your images using digital editing software. It will also
teach you new skills to practise, such as how to freeze or blur movement,
use a variety of filters effectively, and create brilliant images using multiple
and long exposures. However, reading this book is only half the story; you
will also need to put your newfound knowledge to practical use. The
simplest way to embrace new skills is to shoot regularly, so that using your
camera becomes second nature to you. The key is not to get stuck in a
creative rut. Experiment, and don’t be afraid to fail occasionally—it’s
important to. Have fun, and enjoy your photographic journey.
10 ABOUT THIS BOOK

ABOUT WHAT’S ON THE PAGES?

THIS BOOK IN T RO D U C IN G |
At the start of every chapter, “Introducing” pages provide an
Full of practical information and tutorials, this overview of the topics that are covered in the chapter. They
book will help you to learn new skills and take introduce the basic principles behind each topic, such as what
composition is or what filters do, show which equipment you
your photography a step further. Canon and need to use, and explain in simple terms how it works.
Nikon DSLRs are used throughout, but even if
the make or model of your camera is different,
34 IN TRO D UCIN G | COMPOSITION 35

COMPOSITION Choosing a viewpoint

The most natural way to compose a shot is to hold
IMAGE FORMAT
Most photographers default to shooting in landscape

you will find that most DSLRs and many CSCs

their camera at eye level. There’s nothing wrong with format (horizontally), because this is the most comfortable
shooting this way, but it will not necessarily produce way to hold a camera, but it does not suit every subject. To
the most interesting images. Start by walking around help you to decide between landscape and portrait, think
Successful photos rarely happen by accident. It goes without saying that you have your subject to find the best point of view and angle, about your subject and how it sits in the image space.
then experiment with different shots. Do you want
to have mastered your camera so that you are on top of technical issues such as a background, or does your subject stand out best

have very similar functions and controls.

exposure and focusing. There is one thing that your camera cannot do, however: filling the frame on its own? Try getting down low
and looking up at it, or shoot it from above, either
it cannot compose a picture. Composition essentially means how you line up a from a higher viewpoint or by holding the camera
shot to make it look as interesting and striking as possible, choosing your viewpoint, above your head, perhaps at the end of a tripod.
You could vary the angle of your shots to see how
image format, and framing to make the very best of your subject. that works, then zoom in on details. Be creative in ▲ LANDSCAPE FORMAT
your approach and review your shots as you go, ◀ PORTRAIT FORMAT
What makes a great photograph? to see which of them create the most impact.
FRAMING
Great photos may have impact because of their split-second timing,
To try out different viewpoints and
pleasing balance of form and line, or brilliant colour. They are often
formats, hold a small card frame up
the result of several factors: being in the perfect place, catching the

CAMERA SETTINGS KEY

to your scene and vary its position.
right moment and the best lighting conditions, and having the right Ideally, the hole in the frame should
lens to hand. All of these things take planning. Ultimately, however, be the same shape (or aspect ratio)
as the sensor in your camera. Try
the best photos are created when you have a clear idea of what you
mimicking a specific lens by holding
want the photo to achieve. This means focusing on your subject and the frame the same distance from
thinking about exactly what to include in the image and, just as your eye as the lens’s focal length.
importantly, what to leave out.

The following icons are used in the book to show you

precisely what settings were used for the final images in
the step-by-step tutorials.
SHOOTING MODES WHITE BALANCE
▲ FROZEN MOVEMENT ▲ CONTRASTING PATTERNS ▲ BRILLIANT COLOUR

034-035_Intro_composition.indd 34 09/01/2018 17:14 034-035_Intro_composition.indd 35 09/01/2018 17:14

P Program mode AWB Auto

THINGS YOU’LL SEE
Aperture Priority
A Av mode Daylight 116 A PPLY IN G |

PERFECTING FOCUS
FOCUS STACKING

STACKING SOFTWARE

S Tv Shutter Priority Not all photo editing software can be used to

A common problem when shooting close-up and distance between each shot starting at the front of

Cloudy
create a focus-stacked image. Adobe Photoshop
macro is a lack of depth of field. Even when using the subject and ending at the back. Then you blend (shown here) is one option. Helicon Focus by
HeliconSoft, available for both PC and Mac, and

mode
the smallest aperture it is often impossible to achieve (stack) the sequence using editing software. During
Zerene Stacker, are alternatives. Focus stacking
front-to-back sharpness. One solution is focus stacking, this process, the out-of-focus areas are discarded, can be applied to any subjects that require an
a technique that consists of two stages. First, you so the final image should be sharp right from the extensive depth of field, such as landscapes.
shoot a sequence of photos, altering the focusing foreground to the background.

M Manual mode Shade

* x5
* x5

B Bulb mode Tungsten SET UP YOUR CAMERA

Your camera should not move as
you shoot, so mount it on a heavy tripod
and fit a remote release. Select Aperture
Priority and set a mid-range aperture,
fixed ISO value, and WB preset.
SELECT MANUAL FOCUS
It is essential that you have
complete control over how your
camera focuses. Switch to Live View
so that you can zoom into the image
to check focusing.
PLACE THE FOCUS POINT
Focus the lens so that the closest
point of the subject you want to be sharp
is in focus. The rest of the scene will be
out-of-focus.
MOVE THE FOCUS POINT
Focus slightly further along the subject
(away from the camera) and shoot. Continue
until you reach the furthest distance you want to
be sharp. How many shots this takes will depend
on the size of the subject.

Auto-Blend layers

METERING MODES Fluorescent

Blend Method
OK
Panorama
Cancel

THE RESULT
Photomerge
Stack Images
Layout
The final photo is in focus from front-to-back,
OK
Auto Use: Files and sharper than it would have been using
Cancel
Browse... the aperture range of the lens alone. Using a
Perspective Remove mid-range aperture has also helped to avoid
Add Open Files
Seamless Tones and Colours
the softening effects associated with diffraction
Cylindrical Content Aware Fill Transparent Areas (see p.91).

Multi-area Flash REVIEW THE SHOTS

Import all of the photos into a software of your choice.
MERGE THE SHOTS
Click the File drop-down menu, select Automate,
STACK THE SHOTS
Select all the layers. In the Edit drop-down
CAMERA SETTINGS ▲ BEFORE USING
FOCUS STACKING
A 1/125 ISO
Here, Adobe Photoshop was used. Check that the exposure and and then Photomerge, and add all the photos. Uncheck menu, select Auto-Blend Layers. Click Stack Images, ƒ/20
SEC 10 0
WB are consistent, and alter them if necessary. Also check that Blend Images Together. Select OK and the individual photos then OK. Once the layers have been processed,
your subject is sharp from front to back throughout the sequence. will be added to a new file, stacked as a series of layers. flatten the layers and save the final photo.

Center-weighted Custom 116-117_App_Focus_Stacking.indd 116 05/01/2018 10:35 116-117_App_Focus_Stacking.indd 117 05/01/2018 10:35

Spot K Kelvin CAMERA SETTINGS

A
EXPOSURE 1/30 ISO
f/5 AWB
SEC 10 0
f/5
Aperture setting

1/100 Shutter speed Camera settings Wherever you are shown how
SEC how to apply a technique, you will also see the
ISO final result and the settings used to create it (see
200 ISO setting Key, left). Throughout the steps, you may find that
different settings have been used to take test shots.
 ABOUT THIS BOOK 11

E X PL A IN IN G | A PPLY IN G |
The “Explaining” pages in the book take a more in-depth look at The “Applying” pages provide inspiring photographic tutorials
a particular aspect of photography. It could be an explanation that show you step-by-step exactly how to put the theory
of autofocus modes, how different types of flashes work, or the into practice on particular projects. There are feature boxes
ways in which you can adjust your photo in postproduction. on points of technique and plenty of helpful tips on how to
The technical know-how is presented clearly throughout. apply the techniques to different subjects and situations.

80 E X PL A IN IN G | AUTOFOCUS FOCUSING 81 114 A PPLY IN G | E X TENSION TUBES LENSES 115

AUTOFOCUS MODES CALIBRATING AF FOCUS LOCK FOCUSING CLOSER MAGNIFICATION

DSLR phase-detection AF is fast, but it can be imprecise – With Single-shot AF selected, focus is locked as long as the The level of magnification is determined x1 x2
Modern autofocus (AF) systems are a miraculous blend of sophistication and the lens sometimes focuses slightly behind the subject or shutter button is half-pressed. This lets you recompose and
Extension tubes let you temporarily modify any lens an aperture ring. Extension tubes with electronic by the focal length of the lens and the
slightly in front, known respectively as back and front shoot without the focus distance changing. This technique so that it can focus closer than usual. The simplest contacts are far more convenient. These let you set length of the extension tube or tubes.
convenience. Unfortunately, this doesn’t mean that you just point your camera and focusing. Many dSLRs let you calibrate individual lenses is useful if want to shoot an off-centre subject that would To shoot at 1x magnification, the length
extension tubes do not maintain an electronic the aperture via the camera, and allow autofocusing.
it will focus exactly where necessary. To get the optimal performance from the AF to compensate for this shortcoming, and the details are otherwise be outside the AF area. Locking focus with of the extension tubes should match
saved to the camera so that they may be applied whenever Continuous AF is slightly more complicated. Professional connection between the lens and camera, so you Infinity focus (see p.66) is not possible with extension the focal length of the lens as closely as
system, you need to choose the best focusing mode for your subject. If you select possible. Magnification greater than 1x
that lens is fitted. You can calibrate accurately by using a cameras and lenses often have a dedicated focus lock have to set both the focus and aperture manually, tubes; if you want to shoot a distant subject, you will
the wrong mode, you may still be lucky and achieve sharp images, but choosing the commercial distance scale that enables you to take precise button that pauses AF. Consumer cameras don’t usually although the latter is only possible on lenses with need to remove them.
is only possible when the extension tubes
are shorter than the focal length of the
right mode will help you to improve your chances of success every time. measurements and correct such errors. have such a button, but you can assign the task to a
lens. If you want to shoot at less than 1x
customizable function button if your camera allows this.
magnification, use one or two extension
tubes and split them into shorter lengths.
SINGLE-SHOT CONTINUOUS AUTO

Single-shot AF (also known as One-shot and AF-S) is the You should use Continuous AF (also known as AI-Servo and Auto (or AF-A) is a mix of Single-shot and Continuous AF.
default mode on most cameras. Press halfway down on the AF-C) when shooting subjects moving towards or away from If the subject is static, the camera will lock focus when the THE RESULT
shutter button, and the camera will focus, using one or more the camera. Position the subject at the selected AF point, and shutter button is partially pressed down, as for Single-shot. CAMERA SETTINGS
of the AF points. Once correct focus has been acquired, it will half-press the shutter button to activate the AF system. The But if the subject then moves, the system will start tracking Here, a large aperture has been used to minimize depth of field and create
Av 1/8 ISO
lock and remain locked at the same distance until you either focus will continually adjust to keep the subject sharp but will the movement exactly as it does when using Continuous AF. a softer image. This works well with organic subjects such as flowers. The f/3.2
200
SEC
press or release the shutter button. Single-shot is ideal for not lock focus until the shutter button is fully pressed. If you Although this sounds ideal, there’s often a very slight lag key is to focus precisely on the part of the subject you want to be sharpest.
static subjects or subjects that remain a constant distance combine this mode with Zone or Automatic AF Point selection, before AF begins to track the subject. This pause can be
from the camera. It’s also the mode to select if you want to it will enable the camera to automatically select the required enough to miss the moment you wanted. If your subject
focus and recompose, using the focus-lock technique. AF point to keep a sideways-moving subject in focus. is likely to move, Continuous AF is a better option.
USE A TRIPOD PICK AN EXTENSION TUBE SELECT APERTURE PRIORITY
BEST FOR BEST FOR BEST FOR Shooting at high magnifications Choose the level of magnification The higher the magnification, the
FOCUS YOUR CAMERA always results in light loss and longer you want to shoot, and combine the smaller the depth of field that will be
◾◾ Still-life, food, and product photography in a studio ◾◾ Wildlife and moving macro subjects ◾◾ Studio photography Set Single-shot AF and Single point selection (see shutter speed times. Use a tripod appropriate lens and extension tube. produced. The Aperture Priority mode
◾◾ Landscape and static macro photography ◾◾ Sports and action photography ◾◾ Wildlife and macro subjects that are still but may move p.83) on your camera. Select the central AF point, then to lower the risk of camera shake For the highest magnification, use a wide- will give you the necessary control
move your camera so that it covers the subject. Press the without the need for a high ISO. angle lens with the maximum extension. over aperture and depth of field.
◾◾ Posed portraits of older children and adults ◾◾ Younger children, who are difficult to pose or keep still ◾◾ Most portrait work
shutter button halfway to activate and lock the focus.

RECOMPOSE THE SHOT FOCUS THE LENS SET THE APERTURE

▲ Single-shot AF is perfect for subjects that are static by ▲ Continuous AF is ideal for subjects that move predictably, ▲ Auto AF is not generally the best mode for shooting wildlife. Keep the shutter button held down and move the Take extra care when focusing to make sure that the You often have to use very small apertures when shooting
nature, such as still lifes, particularly when you are shooting such as motor vehicles or runners, but pre-focusing (see The exceptions are animals that are relatively tame and are camera to compose the shot correctly. Press down fully most important area of your subject is sharp. Use Live View close-ups. If the image is underexposed, you may need to use
in controlled studio conditions. pp.88–89) is often more reliable for fast or erratic subjects. behaving in a predictable way. on the shutter button to take the picture. on your camera’s LCD screen and zoom in to the image to flash. However, using larger apertures, such as shown here, and
check the critical focus. a narrower depth of field can suit some subjects.

080-081_Understand_AutofocusModes.indd 80 05/01/2018 10:30 080-081_Understand_AutofocusModes.indd 81 05/01/2018 10:30 114-115_App_Closer_Focusing.indd 114 05/01/2018 10:33 114-115_App_Closer_Focusing.indd 115 05/01/2018 10:33

124 A PPLY IN G | TEN-STOP FILTERS F I LT E R S 125 176 A PPLY IN G | CROSS PROCESSING

CREATING EXTREME BLUR

ATTACH THE FILTER
Fit the filter to the lens,
being careful not to move the
COLOUR CAST ADJUSTING COLOUR
focus ring. Shoot the photo, Most ten-stop ND filters add a blue or sepia
In bright light conditions you can use a ten-stop exposure calculator apps that are available for colour cast to the final photo. Auto White Cross processing is a darkroom method in which are no longer true-to-life, most notably in the shadows
review the image, and then
neutral density (ND) filter to blur any movement in a smartphones and tablets. If you are shooting in low adjust the exposure and Balance (AWB) will reduce the cast but will not one type of film, such as print, is developed in and highlights. You can simulate the effects of cross
re-shoot if necessary. remove it entirely. It is better to create a Custom
scene – rivers, seascapes, and wind-blown foliage are light, fitting a ten-stop filter can result in an exposure White Balance setting (see pp.46–47), with the
chemicals that are normally meant for a different processing digitally by adjusting the relative brightness
subjects that work really well. When using an extreme longer than 30 seconds. This means that you will filter fitted, before you shoot the final photo. type of film, such as transparency. Contrast is of an image’s individual colour channels: red, green,
ND filter you will need to calculate the shutter speed, need to use the camera’s Bulb mode (see pp.60-61), heightened in the resulting images and the colours and blue.
and you can do this with one of the many simple in which you manually time the exposure.
THE RESULT ▼ SHOT WITHOUT TEN-STOP ND FILTER
SOLARIZATION
The movement of the sea and the clouds is significantly blurred, creating
an abstract, misty effect that is totally absent from the photo shot without A photo is solarized when either its
the filter. The strong, dark shapes of the seaweed and the pier form a shadows or its highlights are tonally Curves

striking contrast to the swirling mist of the sea. inverted. The effect works best with Layers
Custom
high-contrast photos. Using the Kind
Red Auto

Curves tool, add a control point Normal Opacity: 100%

CAMERA SETTINGS halfway along the tone curve. To Fill: 100%
solarize shadows pull the point down
M
Background
8 ISO
ƒ/5.6 AWB to the bottom of the Curves box, then Curves…
SEC 200 Gradient…
pull the shadow control point in the Pattern…
Brightness/Contrast…
bottom left corner up to the top. To Levels…
COMPOSE THE SHOT SELECT APERTURE PRIORITY SWITCH TO MANUAL FOCUS solarize highlights, pull the control Curves… Input: Output:
Exposure…
Choose a scene that will have a Start with Aperture Priority, and set Use the camera’s autofocus system point to the top of the box, then
lot of potential for movement during the aperture needed to obtain sufficient to focus the scene, then switch the lens to move the highlight control point, ASSESS YOUR IMAGE SELECT CURVES ADJUST THE RED CHANNEL
the exposure. If you are shooting with depth of field. Press on the shutter button Manual focus. This will stop the camera in the top right to Select a photo that you think the Add a Curves adjustment layer Select the Red channel from the
a wide-angle lens, you may need to to take a meter reading, and note the from trying to re-focus once you have the bottom. technique might suit. Simple, colourful to the photo. This will make it easier to RGB menu on the Curves panel. Add
position the camera close to the subject. shutter speed suggested by the camera. fitted the filter. images with a single subject work well, change afterwards. You also have the two control points spaced equally apart.
especially if they have strong shadows option to change the layer’s Opacity Pull the left-hand point down, and the
6 Stops 10 Stops 15 Stops and highlights. to vary the strength of the effect. right-hand point up, to create an S-shape.

Curves Curves Curves

▲ SOLARIZED SHADOWS Custom Custom Custom

SELECT MANUAL EXPOSURE Green Auto Blue Auto RGB Auto
Switch the camera setting to
Manual Exposure and set the aperture THE RESULT
setting to the same value that you
originally set in step 2 above. Digital processing has transformed an everyday
photo into an image with a stylish, retro feel. A few
FIT THE REMOTE RELEASE tweaks to the colours and contrast have created a
Fit a remote release to make sure Input: Output: Input: Output: Input: Output: completely different atmosphere and look.
CALCULATE EXPOSURE that the camera does not move when
Enter the shutter speed suggested the shutter is fired. For exposures longer ADJUST THE GREEN CHANNEL ADJUST THE BLUE CHANNEL ADD CONTRAST
at step 2 into an exposure calculator to than 30 seconds, when the Bulb mode is Select the Green channel and add Select the Blue channel and add Select RGB and add contrast to
find out what shutter speed you need Timer required, a remote release is essential. two control points. Pull the left-hand point two control points. Pull the left-hand the photo by creating an S-shape with
when the filter has been fitted. Set this ▲ SOLARIZED HIGHLIGHTS down and the right-hand point up, though point up and the right-hand point down two control points. There’s no right or ▶ BEFORE ADJUSTMENT
Normal Shutter Speed With the Big Stopper
new shutter speed on your camera. not as far as for the Red channel. to produce an inverted S-shape. wrong adjustment. It’s up to you.

124-125_App_10_Stop_ND_Filter.indd 124 05/01/2018 10:37 124-125_App_10_Stop_ND_Filter.indd 125 05/01/2018 10:37 176-177_App_Cross_Processing.indd 176 05/01/2018 10:40 176-177_App_Cross_Processing.indd 177 05/01/2018 10:40

Close-up camera The result A brief

details These photos overview of the final
in the tutorials show image sums up how it
you exactly which was created and what
Apps Screenshots buttons and dials on makes it successful.
of apps are your camera to use.
included in cases
when you may
need help in Screenshots These show you
calculating the Boxes These provide what the window or panel will
best camera additional information look like when using a particular
settings to use. or tips on technique. editing software on a PC or Mac.
EQUIPMENT
14 IN TRO D UCIN G |

EQUIPMENT
Cameras can be grouped into two broad categories: all-in-one designs and
system cameras. All-in-ones can be used right out of the box without any other
gear. System cameras are just one element of a large, varied family of photographic
equipment that includes lenses and flashes. Being able to increase the capabilities
of a system camera makes them ideal for creative photographers.
Cameras
A camera is a tool for producing photographs. Like needs at the time. Understanding and appreciating
all tools, a particular camera is not necessarily right both the strengths and weaknesses of your camera
for every task, so many photographers use more equipment will help you make an informed decision
than one type, according to their exact shooting on how best to use it.

CAMERA PHONE COMPACT ADVANCED COMPACT

Camera phones are simple devices This is a relatively simple point-and- The higher specification includes
with a fixed lens, but accessory lenses shoot camera that has a built-in zoom greater control over exposure and
can be attached to some models. lens and flash. adds the facility to shoot JPEG and Raw.

POSITIVES POSITIVES POSITIVES

◾◾ You always have it with you ◾◾ Easily carried in a pocket or bag ◾◾ Small size and lightweight body
◾◾ Apps expand creative possibilities ◾◾ Modest to good zoom range ◾◾ Often allows for added accessories
◾◾ Images can be shared ◾◾ Discreet ◾◾ Good zoom range

NEGATIVES NEGATIVES NEGATIVES

◾◾ Tiny sensor that requires good light ◾◾ Creative controls tend to be limited ◾◾ Limited apertures and shutter speeds
◾◾ Fixed-focal-length lens ◾◾ No viewfinder ◾◾ May not have a viewfinder
◾◾ Limited control over exposure ◾◾ Autofocus (AF) often slow ◾◾ Filters cannot be attached
 EQUIPMENT 15

WI-FI CONTROL
Most modern cameras have built-in Wi-Fi to connect
with an app on a smartphone or tablet. The app usually
mirrors the camera’s controls, as well as displaying a live
image streamed from the camera. This lets you shoot
remotely without having to be near your camera. Once a
photo has been shot, the app will automatically transfer
a copy to your device for review. This is usually a resized
JPEG, but some apps can also transfer Raw files.
Common uses for a Wi-Fi connection include shooting
with a drone and photographing skittish wildlife subjects.
The big drawback is power consumption: camera batteries
will deplete more rapidly when Wi-Fi is enabled.

When to upgrade
The desire for the latest camera is understandable, inspiration and improve your photography. Then,
but it’s a mistake to change cameras without first when you feel that your camera’s specifications
getting the most out of your existing model. Attend no longer meet your needs as a photographer,
photography workshops or visit new places to get upgrade to a new model.

BRIDGE MIRRORLESS/CSC DSLR

This is an all-in-one camera with a built- The compact system camera relies solely Similar in style to film-based SLRs, this
in lens that accepts accessories such as on the LCD or electronic viewfinder to type of camera is popular with both
flash and remote releases. display a Live View image (see p.19). amateurs and professionals.

POSITIVES POSITIVES POSITIVES

◾◾ Can be used without extra gear ◾◾ Interchangeable lens ◾◾ Interchangeable lens

◾◾ Automatic and manual modes ◾◾ Shoots both JPEG and Raw ◾◾ Shoots both JPEG and Raw
◾◾ Excellent zoom range ◾◾ Automatic and manual modes ◾◾ Allows total creative control

NEGATIVES NEGATIVES NEGATIVES

◾◾ The lens cannot be changed ◾◾ Battery life is often limited ◾◾ Can be heavy and bulky
◾◾ Small sensor, so image quality may ◾◾ Autofocus usually slower than that in ◾◾ Fewer manufacturers are now
be compromised in low light DSLR cameras making DSLRs
16 E X PL A IN IN G | CAMER AS

FROM CAPTURE TO STORAGE

When you press the camera shutter button, sensor, and then the shutter closes to
you start a sequence of events that leads to complete the exposure. The light that reached
a photo. First, the shutter inside the camera the sensor is then measured and converted
opens, exposing the digital sensor behind it to into Raw image data. If you’re shooting JPEG,
light. (Some cameras use an electronic shutter, this data is processed and discarded, and the
but the basic principle is the same.) The finished JPEG is saved to the memory card; if
light, reflected from your subject toward you shoot Raw, the image data is processed
the camera, is focused by the lens onto the more lightly before being saved.

DIGITAL SENSORS

An image sensor is an electronic chip that converts BAYER FILTER

light into digital data. The surface of the sensor is
Individual photodetectors can only detect light levels, not
covered in photodetectors, the number of which color. To produce color information, light passes through
determines the camera’s pixel resolution. Image a color filter—red, green, or blue—before it reaches the
sensors are made in a variety of sizes. The smallest photodetector. The filters are arranged in a mosaic of four;
are found in smartphones and compact cameras, the most common arrangement—one red, one blue, and two
green filters—is known as the Bayer pattern, after its inventor.
while the largest are used in CSC, DSLR, and digital
medium-format cameras. The size of the image IMAGE SENSOR
sensor influences the final image in a number of
The size of the sensor in a camera is directly related to the
ways, including its ISO (sensitivity to light), dynamic size of its photodetectors. A small sensor with the same
range (see top right), and the crop factor (see p.98) pixel resolution as a larger sensor will need to include smaller
of the lens that is attached to the camera. photodetectors. However, the smaller the photodetectors
on an image sensor, the more the image will suffer from
graininess, and the lower the image’s dynamic range.

KEY TO ANNOTATIONS
1
1 Camera lens
2 Bayer filter

3 Image sensor
4 Photodetectors
5 Analog electronics
6 Analog/digital (A/D) converter

7 Digital image processor

8 Buffer memory
9 Memory card
 EQUIPMENT 17

DYNAMIC RANGE READ/WRITE SPEED

A sensor’s dynamic range is the ratio of the minimum The storage capacity of a memory card is just one aspect
amount of light that is needed to record the details in of its specification. Almost as important is its read/write
shadows to the maximum amount of light possible before speed, which is the rate at which data—photos or video—
details in the highlights are lost due to overexposure. can be recorded to and then read back from the card,
Usually, the larger a sensor’s photodetectors are, the either by your camera or by a PC. The faster that data can
greater their dynamic range, so larger sensors, such as be written to the card, the less likely it is that the camera
those in full-frame cameras, have a greater dynamic buffer memory will fill when you are shooting continuously
range than the sensors in compact cameras. This results or when shooting with Raw+JPEG selected.
in fewer problems, such as image noise or loss of detail in
the shadows or highlights of an image.

PHOTODETECTORS BUFFER MEMORY

Photodetectors are cavities on an image sensor that capture A camera’s buffer memory is a temporary store for image
photons (elements) of light. The number of photons captured data until it can be saved to the memory card (determined
determines the brightness of the image pixel associated with the by the card’s read/write speed). If the buffer memory fills,
photodetector. A photodetector completely filled with photons the camera won’t let you continue shooting until it clears
produces a white, fully exposed pixel; a photodetector that sufficiently. The “burst rate” of a camera is how many images,
receives no photons will produce a black pixel. and of what type, you can shoot before the buffer memory fills.

DIGITAL IMAGE PROCESSOR MEMORY CARD

Once an image is exposed, the analog data captured by the The most commonly used memory card is currently the Secure
sensor is converted to a digital signal and sent to the digital Digital (SD) type, available in different capacities and a variety of
image processor. This decodes the color information from the read/write speeds (see above left). The latest type of SD card at
photodetectors to create the full range of colors of a digital the time of writing is the SDXC, which is available in sizes up to
picture. It also reduces image noise, sharpens the image, and 512GB. Another type of memory card, called the XQD, may
creates a finished JPEG, if required (unless shooting in Raw). offer higher capacities and read/write speeds than the SDXC.

2 3 4 5 6 7 8 9
18 E X PL A IN IN G | CAMER AS

SINGLE LENS REFLEX CAMERAS

Inside a single lens reflex (SLR) camera is a in 35mm film cameras since the 1940s;
mirror that directs light from the lens through however, the concept itself dates from the
a pentaprism (a five-sided prism) to an optical late 19th century. Modern digital SLR cameras
viewfinder. The image in the viewfinder is (or DSLRs) can trace their lineage directly
displayed in the correct orientation and back to 35mm camera designs. This means
allows the photographer to compose shots that some equipment, such as lenses, may
accurately. This system has been employed be compatible on both types of SLR.

CONSUMER VS. PROFESSIONAL

There are two broad categories of DSLR: consumer and

professional. Consumer DSLRs are usually smaller, lighter, and
cheaper than professional models and are generally designed 5
to make photography as easy and foolproof as possible.
Professional DSLRs, though less intuitive to use, offer a
greater range of options and are more rugged.

CONSUMER

Consumer cameras tend to have all the key features that a 2 8

serious photographer needs without the cost or bulk of
a professional model. 10

WHAT TO EXPECT
◾◾ Pop-up flash
◾◾ Low flash-sync speed (see pp.138–39)
◾◾ 95–98% optical viewfinder
◾◾ Automated scene modes for
simplified shooting
◾◾ Few physical controls and buttons
◾◾ Low frame rate 7
◾◾ Lightweight polycarbonate body
with little or no weather sealing
◾◾ APS-C (cropped) sensor
◾◾ Available with a kit lens
◾◾ Around 9 to 19 AF points 3 4
Exploring the Variety of Random
Documents with Different Content
 But to do this "would subvert the very foundation of all written
constitutions." It would be to "declare that an act which ... is entirely
void, is yet ... completely obligatory," and that Congress may do
"what is expressly forbidden." This would give to the legislature "a
practical and real omnipotence, with the same breath which
professes to restrict their powers within narrow limits." It would be
"prescribing limits, and declaring that those limits may be passed at
pleasure." This "reduces to nothing" both the letter and the theory
of the Constitution.
That instrument expressly extends the judicial power to cases
"arising under the constitution." Must the courts decide such a case
"without examining the instrument under which it arises?" If the
courts must look into the Constitution at all, as assuredly they must
do in some cases, "what part of it are they forbidden to read or to
obey?"
Marshall cites hypothetical examples of legislation in direct conflict
with the fundamental law. Suppose that Congress should place an
export duty on cotton, tobacco, flour, and that the Government
should bring suit to recover the tax. "Ought judgment to be
rendered in such a case?" Or if a bill of attainder should be passed
and citizens prosecuted under it, "must the court condemn to death
those victims whom the constitution endeavors to preserve?"
Take, for example, the crime of treason: the Constitution
emphatically prescribes that nobody can be convicted of this offense
"unless on the testimony of two witnesses to the same overt act, or
on confession in open court." The Judiciary particularly are
addressed—"it prescribes, directly for them, a rule of evidence not to
be departed from." Suppose that Congress should enact a law
providing that a citizen might be convicted of treason upon the
testimony of one witness or by a confession out of court? Which
must the court obey—the Constitution or the act altering that
instrument?
 Did not these illustrations and many others that might be given
prove that the Constitution must govern courts as well as Congress?
If not, why does the Constitution require judges "to take an oath to
support it"? That solemn obligation "applies in an especial manner to
their conduct in their official character." How "immoral" to direct
them to take this oath "if they were to be used as the instruments,
and the knowing instruments, for violating what they swear to
support!" Such contradictions and confusions would make the
ceremony of taking the oath of judicial office "a solemn mockery"
and even "a crime."
There is, then, said Marshall, no escape from the conclusion "that
a law repugnant to the constitution is void," and that the judicial as
well as other departments are bound by the Constitution.[393] The
application of Marbury and others must therefore be dismissed.
Thus, by a coup as bold in design and as daring in execution as
that by which the Constitution had been framed,[394] John Marshall
set up a landmark in American history so high that all the future
could take bearings from it, so enduring that all the shocks the
Nation was to endure could not overturn it. Such a decision was a
great event in American history. State courts, as well as National
tribunals, thereafter fearlessly applied the principle that Marshall
announced, and the supremacy of written constitutions over
legislative acts was firmly established.
This principle is wholly and exclusively American. It is America's
original contribution to the science of law.[395] The assertion of it,
under the conditions related in this chapter, was the deed of a great
man. One of narrower vision and smaller courage never would have
done what Marshall did. In his management and decision of this
case, at the time and under the circumstances, Marshall's acts and
words were those of a statesman of the first rank.
His opinion gave fresh strength to the purpose of the Republican
leaders to subdue the Federalist Judiciary. It furnished Jefferson and
his radical followers a new and concrete reason for ousting from the
National Bench, and especially from the Supreme Court, all judges
who would thus override the will of Congress. Against himself, in
particular, Marshall had newly whetted the edge of Republican
wrath, already over-keen.
The trial of John Pickering, Judge of the United States Court for
the District of New Hampshire, brought by the House before the bar
of the Senate, was now pushed with cold venomousness to what
Henry Adams calls "an infamous and certainly an illegal conviction";
and then Marshall's associate on the Supreme Bench, Justice Samuel
Chase, was quickly impeached for high crimes and misdemeanors. If
the Republican organization could force from its partisans in the
Senate a verdict of "guilty" in Chase's case also, Marshall's official
head would be the next to fall.[396]
Concerning Marshall's assertion of the power of the National
Judiciary to annul acts of Congress and to direct administrative
officers in the discharge of their legal duties, Jefferson himself said
nothing at the time. But the opinion of the Chief Justice was another
ingredient thrown into the caldron of Jefferson's heart, where a
hatred was brewed that poisoned the great politician to his latest
day.
Many months after the decision in the Marbury case, Jefferson
first broke his silence. "Nothing in the Constitution has given them
[the Supreme Court] a right to decide for the Executive, more than
to the Executive to decide for them," he wrote. "The opinion which
gives to the judges the right to decide what laws are constitutional,
and what not, not only for themselves in their own sphere of action,
but for the Legislature & Executive also, in their spheres, would
make the judiciary a despotic branch."[397]

Again, during the trial of Aaron Burr,[398] Jefferson denounced

Marshall for his opinion in Marbury vs. Madison; and toward the
close of his life he returned again and again with corroding words to
the subject regarding which, at the moment it arose, he concealed,
so far as written words were concerned, his virulent resentment. For
instance, seventeen years later Jefferson wrote that "to consider the
judges as the ultimate arbiters of all constitutional questions ...
would place us under the despotism of an oligarchy."[399]
But for the time being, Jefferson was quiescent. His subtle mind
knew how, in political controversies, to control his tongue and pen.
It could do no good for him, personally, to make an outcry now; and
it might do harm. The doctrine which Marshall announced had,
Jefferson knew, a strong hold on all Federalists, and, indeed, on
many Northern Republicans; the bar, especially, upheld it generally.
The Presidential campaign was drawing near, and for the President
openly to attack Marshall's position would create a political issue
which could win none to the Republican cause not already fighting
for it, and might keep recruits from joining the Republican colors.
Jefferson was infinitely concerned about his reëlection and was
giving practical attention to the strengthening of his party for the
approaching contest.
"I am decidedly in favor of making all the banks Republican, by
sharing deposits among them in proportion to the [political]
dispositions they show," he wrote to his Secretary of the Treasury
three months after Marshall's bold assertion of the dignity and power
of the National courts. "It is," he continued, "material to the safety
of Republicanism to detach the mercantile interests from its enemies
and incorporate them into the body of its friends."[400]
Furthermore, Jefferson was, at that particular moment, profoundly
troubled by intimate personal matters and vast National
complications. He had been trying, unsuccessfully, to adjust our
dispute with France; the radical West was becoming clamorous for a
forward and even a militant policy concerning the control of the
Mississippi River, and especially of New Orleans, which commanded
the mouth of that commercial waterway; while the Federalists,
insisting upon bold measures, had a fair prospect of winning from
Jefferson's support those aggressive and predatory frontiersmen
who, until now, had stanchly upheld the Republican standard.
Spain had ceded Louisiana to France upon the condition that the
territory never should be transferred to any other government; but
neither New Orleans nor any part of Louisiana had actually been
surrendered by the Spanish authorities. Great Britain informed the
American Government that she would not consent to the occupation
by the French of any part of Spain's possessions on the American
continent.
Hating and distrusting the British, but also in terror of Napoleon,
Jefferson, who was as weak in the conduct of foreign affairs as he
was dexterous in the management of political parties, thought to
escape the predicament by purchasing the island of Orleans and
perhaps a strip on the east side of the Mississippi River.[401]
A series of events swiftly followed the decision of Marbury vs.
Madison which enthralled the eager attention of the whole people
and changed the destiny of the Republic. Three months after
Marshall delivered his opinion, Napoleon, yielding to "the empire of
circumstances," as Talleyrand phrased it,[402] offered, and Livingston
and Monroe accepted, the whole of Louisiana for less than fifteen
million dollars. Of course France had no title to sell—Louisiana was
still legally owned and actually occupied by Spain. The United States
bought nothing more than a pretension; and, by force of propinquity
and power, made it a fact.[403]
The President was amazed when the news reached him. He did
not want Louisiana[404]—nothing was further from his mind than the
purchase of it.[405] The immorality of the acquisition affected him
not at all; but the inconvenience did. He did not know what to do
with Louisiana. Worse still, the treaty of cession required that the
people living in that territory should be admitted into the Union,
"according to the principles of the Federal Constitution."
 So, to his infinite disgust, Jefferson was forced to deal with the
Louisiana Purchase by methods as vigorous as any ever advocated
by the abhorred Hamilton—methods more autocratic than those
which, when done by others, he had savagely denounced as
unconstitutional and destructive of liberty.[406] The President
doubted whether, under the Constitution, we could acquire, and was
sure that we could not govern, Louisiana, and he actually prepared
amendments authorizing the incorporation into the Republic of the
purchased territory.[407] No such legal mistiness dimmed the eyes of
John Marshall who, in time, was to announce as the decision of the
Supreme Court that the Republic could acquire territory with as
much right as any monarchical government.[408]
To add to his perturbations, the high priest of popular rights found
himself compelled to abandon his adored phrase, "the consent of the
governed," upon which he had so carefully erected the structure of
his popularity, and to drive through Congress a form of government
over the people of Louisiana without consulting their wishes in the
least.[409]
The Jeffersonian doctrine had been that the Union was merely a
compact between sovereign States, and that new territory and alien
peoples could not be added to it without the consent of all the
partners. The Federalists now took their stand upon this indefensible
ground,[410] and openly threatened the secession at which they had
hinted when the Federalist Judiciary Act was repealed.
Jefferson was alive to the danger: "Whatever Congress shall think
it necessary to do [about Louisiana]," he cautioned one of the
Republican House leaders, "should be done with as little debate as
possible."[411] A month earlier he wrote: "The Constitution has made
no provision for our holding foreign territory, still less for
incorporating foreign nations into our Union. The Executive ... have
done an act beyond the Constitution."[412]
 Therefore, he declared, "the less we say about constitutional
difficulties respecting Louisiana the better ... What is necessary for
surmounting them must be done sub-silentio."[413] The great radical
favored publicity in affairs of state only when such a course was
helpful to his political plans. On other occasions no autocrat was
ever more secretive than Thomas Jefferson.[414] Seemingly,
however, the President was concerned only with his influence on the
destiny of the world.[415]
At first the Federalist leaders were too dazed to do more than
grumble. "The cession of Louisiana ... is like selling us a Ship after
she is surrounded by a British Fleet," shrewdly observed George
Cabot, when the news was published in Boston.[416] Fisher Ames, of
course, thought that "the acquiring of territory by money is mean
and despicable," especially when done by Republicans. "The less of
it [territory] the better.... By adding an unmeasured world beyond
that river [Mississippi], we rush like a comet into infinite space."[417]
Soon, however, their dissatisfaction blew into flame the embers of
secession which never had become cold in their bosoms. "I am
convinced," wrote Uriah Tracy, "that the accession of Louisiana will
accelerate a division of these States; whose whenabouts is
uncertain, but somewhen is inevitable."[418] Senator Plumer thought
that the Eastern States should form a new nation: "Adopt this
western world into the Union," he said, "and you destroy at once the
weight and importance of the Eastern States, and compel them to
establish a separate and independent empire."[419] A few days'
reflection brought Ames to the conclusion that "our country is too
big for union, too sordid for patriotism, too democratic for liberty."
[420] Tapping Reeve of Connecticut made careful inquiry among the
Federalists in his vicinity and informed Tracy that "all ... believe that
we must separate, and that this is the most favorable moment."[421]
Louisiana, however, was not the only motive of the foremost New
England Federalists for their scheme of breaking up the Republic. As
we have seen, the threat of secession was repeatedly made during
the Republican assault on the Judiciary; and now, as a fundamental
cause for disunion, the Northern Federalists speedily harked back to
Jefferson's purpose of subverting the National courts. The
Republicans were ruling the Nation, Virginia was ruling the
Republicans, Jefferson was ruling all. Louisiana would permanently
turn the balance against the Northern and Eastern States, already
outweighed in the National scales; and the conquest of the National
Judiciary would remove from that section its last protection against
the pillaging hands of the Huns and Vandals of Republicanism. So
reasoned the Federalists.
What could be done to save the rights and the property of "the
wise, the rich and the good"? By what pathway could the chosen
escape their doom? "The principles of our Revolution point to the
remedy," declared the soured and flint-hearted Pickering. "The
independence of the judges is now directly assailed.... I am not
willing to be sacrificed by such popular tyrants.... I do not believe in
the practicability of a long-continued union."[422]
For the same reasons, Roger Griswold of Connecticut avowed that
"there can be no safety to the Northern States without a separation
from the confederacy."[423] The Reverend Jedediah Morse of New
Hampshire wrote Senator Plumer that "our empire ... must ... break
in pieces. Some think the sooner the better."[424] And the New
Hampshire Senator replied: "I hope the time is not far distant when
... the sound part will separate from the corrupt."[425]
With the exception of John Adams, only one eminent New England
Federalist kept his head steady and his patriotism undefiled: George
Cabot, while sympathizing with his ancient party friends, frankly
opposed their mad project. Holding that secession was
impracticable, he declared: "I am not satisfied that the thing itself is
to be desired. My habitual opinions have been always strongly
against it."[426]
 But the expressions of such men as Pickering, Ames, and Griswold
indicated the current of New England Federalist thought and
comment. Their secession sentiment, however, did not appeal to the
young men, who hailed with joy the opportunity to occupy these
new, strange lands which accident, or Providence, or Jefferson had
opened to them. Knowledge of this was indeed one cause of the
anger of some Federalist managers who owned immense tracts in
New England and in the Ohio Valley and wanted them purchased
and settled by those now turning their eyes to the alluring farther
western country.[427] They saw with something like fury the shifting
of political power to the South and West.
The management of the unwelcome Louisiana windfall, the
conduct of the National campaign, the alarming reports from New
England, left Jefferson no time to rail at Marshall or to attack that
"subtle corps of sappers and miners" who were then beginning "to
undermine ... our confederated fabric," as Jefferson declared
seventeen years later.[428] For the present the great public duty of
exposing Marshall's decision in Marbury vs. Madison must be
deferred.
But the mills of democracy were grinding, and after he was
reëlected certain impeachments would be found in the grist that
would make all right. The defiant Marshall would at least be
humbled, perhaps—probably—removed from office. But all in good
time! For the present Jefferson had other work to do. He himself
must now exercise powers which, according to his philosophy and
declarations, were far beyond those conferred upon him by the
Constitution.
So it came about that the first of Marshall's great Constitutional
opinions received scant notice at the time of its delivery. The
newspapers had little to say about it. Even the bench and the bar of
the country, at least in the sections remote from Washington, appear
not to have heard of it,[429] or, if they had, to have forgotten it amid
the thrilling events that filled the times.
 Because popular interest had veered toward and was concentrated
upon the Louisiana Purchase and the renewal of war in Europe,
Republican newspapers, until then so alert to discover and eager to
attack every judicial "usurpation," had almost nothing to say of
Marshall's daring assertion of judicial supremacy which later was
execrated as the very parent of Constitutional evil. An empire had
been won under Jefferson; therefore Jefferson had won it—another
proof of the far-seeing statesmanship of "The Man of the People." Of
consequence he must be reëlected. Such was the popular logic; and
reëlected Jefferson was—triumphantly, almost unanimously.
Circumstances which had shackled his hands now suddenly freed
them. Henceforth the President could do as he liked, both personally
and politically. No longer should John Marshall, the abominated head
of the National Judiciary, rest easy on the bench which his audacity
had elevated above President and Congress. The opinion of the
"usurping" Chief Justice in Marbury vs. Madison should have answer
at last. So on with the impeachment trial of Samuel Chase! Let him
be deposed, and then, if Marshall would not bend the knee, that
obdurate judicial defender of Nationalism should follow Chase into
desuetude and disgrace.
The incessant clamor of the Federalist past-statesmen, unheard by
the popular ear, had nevertheless done some good—all the good it
ought to have done. It had aroused misgivings in the minds of
certain Northern Republican Senators as to the expediency, wisdom,
and justice of the Republican plan to shackle or overthrow the
National Judiciary. This hesitation was, however, unknown to the
masters of the Republican organization in Congress. The Federalists
themselves were totally unaware of it. Only Jefferson, with his
abnormal sensibility, had an indistinct impression that somewhere, in
the apparently perfect alignment of the Republican forces, there was
potential weakness.
Marshall was gifted with no such divination. He knew only the fate
that had been prepared for him. A crisis was reached in his career
and a determinative phase of American history entered upon. His
place as Chief Justice was to be made secure and the stability of
American institutions saved by as narrow a margin as that by which
the National Constitution had been established.

FOOTNOTES:
[308] Marshall to his wife, Jan. 2, 1803, MS.

[309] See vol. ii, 502-05, of this work.

[310] Marshall to King, May 5, 1802, King, iv, 116-18.

[311] Since the adoption of the Kentucky and Virginia

Resolutions in 1798. (See vol. ii, chaps. x, xi, xii, of this work.)

[312] Since the Republican repeal of the Federalist Judiciary Act

was proposed. See supra, 51.

[313] Maryland, Pennsylvania, New Jersey, Delaware, New

York, Vermont, New Hampshire, Massachusetts, Connecticut,
Rhode Island.

[314] The Federalist majority in Vermont resolved that: "It

belongs not to State Legislatures to decide on the constitutionality
of laws made by the general government; this power being
exclusively vested in the Judiciary Courts of the Union." (Records
of Governor and Council of Vermont, iv, 529.)
The Federalist majority in the Maryland Legislature asserted
that "no state government ... is competent to declare an act of
the federal government unconstitutional, ... that jurisdiction ... is
exclusively vested in the courts of the United States." (Anderson,
in Am. Hist. Rev. v, 248.)
The New York Federalists were slow to act, but finally resolved
"that the right of deciding on the constitutionality of all laws
passed by Congress ... appertains to the judiciary department."
(Ib. 248-49.)
Connecticut Federalists declared that the Kentucky and Virginia
plan was "hostile to the existence of our national Union." (Ib.
247.)
 In Delaware the then dominant party decided that the Kentucky
and Virginia Resolutions were "not a fit subject" for their
consideration. (Ib. 246.)
The Pennsylvania Federalist majority resolved that the people
"have committed to the supreme judiciary of the nation the high
authority of ultimately and conclusively deciding the
constitutionality of all legislative acts." (Anderson, in Am. Hist.
Rev. v, 245.)
On February 8, 1799, Massachusetts replied to the Virginia
Resolutions that: "This legislature are persuaded that the decision
of all cases in law or equity, arising under the Constitution of the
United States, and the construction of all laws made in pursuance
thereof, are exclusively vested by the people in the Judicial Courts
of the U. States." (Mass. Senate Journal, 1798-99, xix, 238, MS.
volume Mass. State Library.)
Such was the general tenor of the Federalists' pronouncements
upon this grave problem. But because the people believed the
Sedition Law to be directed against free speech, the Federalist
supremacy in many of the States that insisted upon these sound
Nationalist principles was soon overthrown.
The resolutions of the Republican minorities in the Legislatures
of the Federalist States were emphatic assertions that any State
might declare an act of Congress unconstitutional and disregard
it, and that the National Judiciary did not have supervisory power
over legislation.

[315] See vol. ii, 387-89, of this work.

[316] Referring to Marshall's conduct in the French Mission.

(See vol. ii, chaps. vii, viii, ix, of this work.)

[317] Anderson, in Am. Hist. Rev. v, 249.

[318] Ib. 235-37.

[319] The questions raised by the Kentucky and Virginia

Resolutions were principal themes of debate in State Legislatures,
in the press, in Congressional campaigns, and in the Presidential
contest of 1800. The Judiciary debate of 1802 was, in part, a
continuance of these popular discussions.
 [320] See supra, 52.

[321] Within a year after Marbury vs. Madison was decided,

Albert Moore, one of the Federalist Associate Justices of the
Supreme Court, resigned because of ill health and his place was
filled by William Johnson, a Republican of South Carolina.

[322] See vol. i, 410, of this work.

[323] March 2, 1801.

[324] Journal of the Executive Proceedings of the Senate, i,

388.

[325] Ib. 390.

[326] Ib. 404. Jefferson did this because, as he said, the

appointees of Adams were too numerous.

[327] Journal, Exec. Proc. Senate, i, 417.

[328] See supra, 94-97.

[329] See infra, chap. iv.

[330] This belief is strikingly shown by the comment of the

Republican press. For example, just before Marshall delivered his
opinion, a correspondent of the Independent Chronicle of Boston
sent from Washington this article:
"The efforts of federalism to exalt the Judiciary over the
Executive and Legislature, and to give that favorite department a
political character & influence, may operate for a time to come, as
it has already, to the promotion of one party and the depression
of the other; but will probably terminate in the degradation and
disgrace of the Judiciary.
"Politics are more improper and dangerous in a Court of
Justice, if possible, than in the pulpit. Political charges,
prosecutions, and similar modes of official influence, ought never
to have been resorted to by any party. The fountains of justice
should be unpolluted by party passions and prejudices.
"The attempt of the Supreme Court of the United States, by a
mandamus, to control the Executive functions, is a new
experiment. It seems to be no less than a commencement of war
between the constituted departments.
"The Court must be defeated and retreat from the attack; or
march on, till they incur an impeachment and removal from
office. But our Republican frame of Government is so firm and
solid, that there is reason to hope it will remain unshaken by the
assaults of opposition, & the conflicts of interfering departments.
"The will of the nation, deliberately and constitutionally
expressed, must and will prevail, the predictions and exertions of
federal monarchists and aristocrats to the contrary
notwithstanding." (Independent Chronicle, March 10, 1803.)
Marshall's opinion was delivered February 24. It took two
weeks of fast traveling to go from Washington to Boston.
Ordinary mail required a few days longer. The article in the
Chronicle was probably sent while Marbury vs. Madison was being
argued.

[331] Dodd, in Am. Hist. Rev. xii, 776. Under the law Marshall's
successor must come from Virginia or North Carolina.

[332] As President of the Court of Appeals of Virginia he later

challenged Marshall and brought about the first serious conflict
between the courts of a State and the supreme tribunal of the
Nation; and as a pamphleteer he assailed Marshall and his
principles of Nationalism with unsparing rigor. (See vol. iv, chaps.
iii, and vi, of this work.)

[333] For example, in Fletcher vs. Peck, Roane would have held
that the National Courts could not annul a State statute; in Martin
vs. Hunter's Lessees and in Cohen vs. Virginia, that the Supreme
Court could not review the judgment of a State court; in
McCulloch vs. Maryland, that Congress could not exercise implied
powers, but only those expressly granted by the specific terms of
the Constitution, etc. All this we know positively from Roane's
own writings. (See vol. iv, chaps. iii, vi, and vii, of this work.)

[334] It seems probable, however, that it was generally

understood by the leading men of the Convention that the
Judiciary was to exercise the power of invalidating
unconstitutional acts of Congress. (See Corwin: Doctrine of
Judicial Review, 10-11; Beard: Supreme Court and the
Constitution, 16-18; McLaughlin: The Courts, the Constitution and
Parties, 32-35.)
In the Constitutional Convention, Elbridge Gerry of
Massachusetts asserted that the judicial function of expounding
statutes "involved a power of deciding on their Constitutionality."
(Records of the Federal Convention of 1787: Farrand, i, 97.) Rufus
King of Massachusetts—later of New York—was of the same
opinion. (Ib. 109.)
On the other hand, Franklin declared that "it would be improper
to put it in the power of any Man to negative a Law passed by the
Legislature because it would give him the controul of the
Legislature." (Ib.)
Madison felt "that no Man would be so daring as to place a veto
on a Law that had passed with the assent of the Legislature."
(Ib.) Later in the debate, Madison modified his first opinion and
declared that "a law violating a constitution established by the
people themselves, would be considered by the Judges null &
void." (Ib. ii, 93.)
George Mason of Virginia said that the Judiciary "could declare
an unconstitutional law void.... He wished the further use to be
made of the Judges of giving aid in preventing every improper
law." (Ib. 78.)
Gouverneur Morris of Pennsylvania—afterwards of New York—
dreaded "legislative usurpations" and felt that "encroachments of
the popular branch ... ought to be guarded agst." (Ib. 299.)
Gunning Bedford, Jr., of Delaware was against any "check on
the Legislative" with two branches. (Ib. i, 100-01.)
James Wilson of Pennsylvania insisted that power in the
Judiciary to declare laws unconstitutional "did not go far
enough"—the judges should also have "Revisionary power" to
pass on bills in the process of enactment. (Ib. ii, 73.)
Luther Martin of Maryland had no doubt that the Judiciary had
"a negative" on unconstitutional laws. (Ib. 76.)
John Francis Mercer of Maryland "disapproved of the Doctrine
that the Judges as expositors of the Constitution should have
authority to declare a law void." (Records, Fed. Conv.: Farrand,
298.)
 John Dickinson of Delaware "thought no such power ought to
exist," but was "at a loss what expedient to substitute." (Ib. 299.)
Charles Pinckney of South Carolina "opposed the interference
of the Judges in the Legislative business." (Ib. 298.)
The above is a condensed précis of all that was said in the
Constitutional Convention on this vital matter.

[335] See vol. i, 452, of this work.

[336] The Virginia Resolutions.

[337] Address of the Minority, Jan. 22, 1799, Journal of the

House of Delegates of Virginia, 1798-99, 90-95.

[338] Jay to Iredell, Sept. 15, 1790, enclosing statement to

President Washington, Iredell: McRee, 293-96; and see letter of
Jay to Washington, Aug. 8, 1793, Jay: Johnston, iii, 488-89.

[339] See supra, 40, footnote 1.

[340] Wharton: State Trials, 715-18.

[341] Jefferson to Meusnier, Jan. 24, 1786, Works: Ford, v, 31-

32.

[342] Jefferson to Meusnier, Jan. 24, 1786, Works: Ford, v, 14-

15. (Italics the author's.)

[343] For instance, the Legislature of Rhode Island formally

declared Independence almost two months before Congress
adopted the pronouncement penned by Jefferson, and Jefferson
used many of the very words of the tiny colony's defiance. In her
Declaration of Independence in May, 1776, Virginia set forth most
of the reasons stated by Jefferson a few weeks later in similar
language.

[344] For these cases and references to studies of the question

of judicial supremacy over legislation, see Appendix C.

[345] See vol. i, 323, of this work.

[346] See Records Fed. Conv.: Farrand, i, Introduction, xii.

[347] Elliot's Debates were not published until 1827-30.

 [348] Until very recently Justices of the Supreme Court often
came to the Senate to listen to debates in which they were
particularly interested.

[349] The Federalist: Lodge, 485-86. Madison also upheld the

same doctrine. Later he opposed it, but toward the end of his life
returned to his first position. (See vol. iv, chap. x, of this work.)

[350] John Jay had declined reappointment as Chief Justice

because among other things, he was "perfectly convinced" that
the National Judiciary was hopelessly weak. (See supra, 55.) The
first Chief Justice of the United States at no moment, during his
occupancy of that office, felt sure of himself or of the powers of
the court. (See Jay to his wife, Jay: Johnston, iii, 420.) Jay had
hesitated to accept the office as Chief Justice when Washington
tendered it to him in 1789, and he had resigned it gladly in 1795
to become the Federalist candidate for Governor of New York.
Washington offered the place to Patrick Henry, who refused it.
(See Henry: Patrick Henry—Life, Correspondence and Speeches,
ii, 562-63; also Tyler, i, 183.) The office was submitted to William
Cushing, an Associate Justice of the Supreme Court, and he also
refused to consider it. (Wharton: State Trials, 33.) So little was a
place on the Supreme Bench esteemed that John Rutledge
resigned as Associate Justice to accept the office of Chief Justice
of the Supreme Court of South Carolina. (Ib. 35.)
Jefferson considered that the government of New Orleans was
"the second office in the United States in importance." (Randal,
iii, 202.) For that matter, no National office in Washington, except
the Presidency, was prized at this period. Senator Bailey of New
York actually resigned his seat in the Senate in order to accept
the office of Postmaster at New York City. (Memoirs, J. Q. A.:
Adams, i, 290.) Edmund Randolph, when Attorney-General,
deplored the weakening of the Supreme Court, and looked
forward to the time when it should be strengthened. (Randolph to
Washington, Aug. 5, 1792, Writings of George Washington:
Sparks, x, 513.)
The weakness of the Supreme Court, before Marshall became
Chief Justice, is forcibly illustrated by the fact that in designing
and building the National Capitol that tribunal was entirely
forgotten and no chamber provided for it. (See Hosea Morrill
Knowlton in John Marshall—Life, Character and Judicial Services:
Dillon, i, 198-99.) When the seat of government was transferred
to Washington, the court crept into an humble apartment in the
basement beneath the Senate Chamber.

[351] New York Review, iii, 347. The article on Chief Justice
Marshall in this periodical was written by Chancellor James Kent,
although his name does not appear.

[352] See vol. iv, chap. ix.

[353] See Tilghman to Smith, May 22, 1802, Morison: Smith,

148-49.
"A general arrangement [for action on behalf of the deposed
judges] will be attempted before we separate. It is not descrete
to say more at present." (Bayard to Bassett, April 19, 1802,
Bayard Papers: Donnan, 153.)

[354] See "Protest of Judges," American State Papers,

Miscellaneous, i, 340.
Writing to Wolcott, now one of the displaced National circuit
judges (Wolcott's appointment was secured by Marshall; see vol.
ii, 559, of this work), concerning "the outrage committed by
Congress on the Constitution" (Cabot to Wolcott, Dec. 20, 1802,
Lodge: Cabot, 328), Cabot said: "I cannot but approve the
intention of your judicial corps to unite in a memorial or
remonstrance to Congress." He considered this to be "a manifest
duty" of the judges, and gave Wolcott the arguments for their
action. (Cabot to Wolcott, Oct. 21, 1802, ib. 327-28.)
A proposition to submit to the Supreme Court the
constitutionality of the Repeal Act was rejected January 27, 1803.
(Annals, 7th Cong. 2d Sess. 439.)

[355] See infra, 130, 131.

[356] See supra, 110.

[357] Marshall to James M. Marshall, March 18, 1801, MS.

[358] February, 1803.

[359] Jefferson to Johnson, June 12, 1823, Works: Ford, xii,

footnote to 256.
 [360] See 1 Cranch, 137-80.

[361] Section 13 provided, among other things, that "the

Supreme Court ... shall have power to issue writs of prohibition to
the district courts ... and writs of mandamus, in cases warranted
by the principles and usages of law, to any courts appointed, or
persons holding office, under the authority of the United States."
(U.S. Statutes at Large, i, 73; Annals, 1st Cong. 2d Sess. 2245.)

[362] See supra, 53-54.

[363] See Dougherty: Power of the Federal Judiciary over

Legislation, 82.
Professor Corwin says that not many years later Marshall
concurred in an opinion of the Supreme Court which, by analogy,
recognized the validity of it. (Corwin, 8-9.)

[364] U.S. vs. Ravara, 2 Dallas, 297.

[365] U.S. vs. Lawrence, 3 Dallas, 42.

[366] U.S. vs. Peters, ib. 121.

[367] In the argument of Marbury vs. Madison, Charles Lee

called Marshall's attention to the case of U.S. vs. Hopkins, in the
February term, 1794, in which a motion was made for a
mandamus to Hopkins as loan officer for the District of Virginia,
and to the case of one John Chandler of Connecticut, also in
February, 1794, in which a motion was made in behalf of
Chandler for a mandamus to the Secretary of War. These cases
do not seem to have been reported, and Lee must have referred
to manuscript records of them. (See 1 Cranch, 148-49.)
Samuel W. Dana of Connecticut also referred to the Chandler
case during the Judiciary debate in the House, March, 1802. (See
Annals, 7th Cong. 1st Sess. 903-04.)

[368] 1 Cranch, 308.

[369] Stuart vs. Laird, 1 Cranch, 309.

[370] The next case in which the Supreme Court overthrew an

act of Congress was that of Scott vs. Sandford—the famous Dred
Scott case, decided in 1857. In this case the Supreme Court held
that Congress had no power to prohibit slavery in the territory
purchased from France in 1803 (the Louisiana Purchase), and
that the Act of March 6, 1820, known as the Missouri
Compromise, was unconstitutional, null, and void. (See Scott vs.
Sandford, 19 Howard, 393 et seq.)

[371] The President can veto a bill, of course, on the ground of

unconstitutionally; but, by a two thirds vote, Congress can pass it
over the Executive's disapproval.

[372] Carson, i, 203; and see especially Adams: U.S. i, 192.

[373] 1 Cranch, 154.

[374] This seems to have been inaccurate. Compare Lee's

argument with Marshall's opinion.

[375] 1 Cranch, 158.

[376] 1 Cranch, 160.

[377] Ib. 162.

[378] Ib. 163.

[379] Ib. 164.

[380] Ib. 165.

[381] 1 Cranch, 166-68.

[382] Ib. 169.

[383] 1 Cranch, 170.

[384] Ib. 173.

[385] 1 Cranch, 174.

[386] In all "other cases ... the Supreme Court shall have
appellate jurisdiction ... with such exceptions ... as the Congress
shall make."

[387] Ib. 174. (Italics the author's.)

 [388] 1 Cranch, 176. This particular part of the text adopts
Professor Edward S. Corwin's careful and accurate analysis of
Marshall's opinion on this point. (See Corwin, 4-10.)

[389] 1 Cranch, 176.

[390] Ib. 176-77.

[391] 1 Cranch, 177.

[392] Ib. 178.

[393] 1 Cranch, 178-80.

[394] See vol. i, 323, of this work.

[395] It must be borne in mind that the American Constitution

declares that, in and of itself, it is law—the supreme law of the
land; and that no other written constitution makes any such
assertion.

[396] See infra, chap. iv.

[397] Jefferson to Mrs. Adams, Sept. 11, 1804, Works: Ford, x,

footnote to 89.

[398] See infra, chap. viii.

[399] Jefferson to Jarvis, Sept. 28, 1820, Works: Ford, xii, 162.
Yet, at the time when he was founding the Republican Party,
Jefferson had written to a friend that "the laws of the land,
administered by upright judges, would protect you from any
exercise of power unauthorized by the Constitution of the United
States." (Jefferson to Rowan, Sept. 26, 1798, ib. viii, 448.)

[400] Jefferson to Gallatin, July 12, 1803, Works: Ford, x, 15-

16. It should be remembered that most of the banks and the
financial and commercial interests generally were determined
opponents of Jefferson and Republicanism. As a sheer matter of
"practical politics," the President cannot be fairly criticized for
thus trying to weaken his remorseless foes.

[401] See Channing: U.S. iv, 313-14.

 [402] Talleyrand to Decrès, May 24, 1803, as quoted in Adams:
U.S. ii, 55.

[403] Morison: Otis, i, 262; see also Adams: U.S. ii, 56.

[404] See instructions to Livingston and Monroe, Am. State

Papers, Foreign Relations, ii, 540.

[405] Adams: U.S. i, 442-43.

[406] Ib. ii, 120-28.

[407] Works: Ford, x, 3-12.

[408] American Insurance Company et al. vs. Canter, 1 Peters,

511-46, and see vol. iv, chap. iii, of this work.

[409] See U.S. Statutes at Large, ii, 283; and Annals, 8th Cong.
2d Sess. 1597.

[410] For instance, Senator Plumer, two years later, thus stated
the old Republican doctrine which the Federalists, in defiance of
their party's creed and traditions, had now adopted as their own:
"We cannot admit a new partner into the Union, from without the
original limits of the United States, without the consent, first
obtained, of each of the partners composing the firm." (Plumer to
Smith, Feb. 7, 1805, Plumer, 328.)

[411] Jefferson to Nicholas, Sept. 7, 1803, Works: Ford, x, 10.

[412] Jefferson to Breckenridge, Aug. 12, 1803, ib. 7.

[413] Jefferson to Madison, Aug. 18, 1803, ib. 8.

[414] "The medicine for that State [North Carolina] must be

very mild & secretly administered." (Jefferson to Nicholas, April 7,
1800, ib. ix, 129; and see Adams: U.S. iii, 147.)

[415] "The millenium was to usher in upon us as the irresistible

consequence of the goodness of heart, integrity of mind, and
correctness of disposition of Mr. Jefferson. All nations, even
pirates and savages, were to be moved by the influence of his
persuasive virtue and masterly skill in diplomacy." (Eaton's
account of a call on President Jefferson, 1803, Life of the Late
Gen. William Eaton: Prentiss, 263; also quoted in Adams: U.S. ii,
431.)

[416] Cabot to King, July 1, 1803, King, iv, 279. The Louisiana
Purchase was first publicly announced through the press by the
Independent Chronicle of Boston, June 30, 1803. (Adams: U.S. ii,
82-83.)

[417] Ames to Gore, Oct. 3, 1803, Ames, i, 323-24.

[418] Tracy to McHenry, Oct. 19, 1803, Steiner: Life and

Correspondence of James McHenry, 522.

[419] Oct. 20, 1803, Plumer, 285.

[420] Ames to Dwight, Oct. 26, 1803, Ames, i, 328.

[421] Reeve to Tracy, Feb. 7, 1804, N.E. Federalism: Adams,

342; and see Adams: U.S. ii, 160.
Members of Congress among the Federalists and Republicans
became so estranged that they boarded in different houses and
refused to associate with one another. (Plumer, 245, 336.)

[422] Pickering to Cabot, Jan. 29, 1804, Lodge: Cabot, 338.

[423] Griswold to Wolcott, March 11, 1804, N.E. Federalism:

Adams, 356.

[424] Morse to Plumer, Feb. 3, 1804, Plumer, 289.

[425] Plumer to Morse, March 10, 1804, ib.

[426] Cabot to King, March 17, 1804, Lodge: Cabot, 345.

[427] See Morison: Otis, i, 262.

[428] Jefferson to Ritchie, Dec. 25, 1820, Works: Ford, xii, 177.

[429] For instance, in 1808, the United States District Court of

Massachusetts, in the decision of a case requiring all possible
precedents like that of Marbury vs. Madison, did not so much as
refer to Marshall's opinion, although every other case that could
be found was cited. Marbury vs. Madison, long afterwards, was
added in a footnote to the printed report. (McLaughlin, 30, citing
Am. Law Journal, old series, ii, 255-64.)
Marshall's opinion in Marbury vs. Madison was first referred to
by counsel in a legal controversy in Ex Parte Burford, 1806 (3
Cranch, 448). Robert Goodloe Harper next cited it in his argument
for Bollmann (4 Cranch, 86; and see infra, chap. vii). Marshall
referred to it in his opinion in that case, and Justice William
Johnson commented upon it at some length.
A year later Marshall's opinion in Marbury vs. Madison was cited
by Jefferson's Attorney-General, Cæsar A. Rodney. In the case Ex
Parte Gilchrist et al. vs. The Collector of the Port of Charleston,
S.C. (5 Hughes, 1), the United States Court for that circuit,
consisting of Johnson, Associate Justice of the Supreme Court,
and the Judge of the District Court, granted a mandamus under
the section of the Judiciary Act which Marshall and the entire
court had, five years before, declared to be unconstitutional, so
far as it conferred original jurisdiction upon the Supreme Court in
applications for mandamus.
Rodney wrote to the President a letter of earnest protest,
pointing out the fact that the court's action in the Gilchrist case
was in direct antagonism to the opinion in Marbury vs. Madison.
But Jefferson was then so savagely attacking Marshall's rulings in
the Burr trial (see infra, chaps. vii, viii, ix) that he was, at last,
giving public expression of his disapproval of the opinion of the
Chief Justice in Marbury vs. Madison. He did not even answer
Rodney's letter.
CHAPTER IV
IMPEACHMENT
 The judges of the Supreme Court must fall. Our affairs approach an important
crisis. (William Plumer.)
These articles contained in themselves a virtual impeachment of not only Mr.
Chase but of all the Judges of the Supreme Court. (John Quincy Adams.)
We shall bring forward such a specimen of judicial tyranny, as, I trust in God,
will never be again exhibited in our country. (John Randolph.)
We appear for an ancient and infirm man whose better days have been worn
out in the service of that country which now degrades him. (Joseph Hopkinson.)
Our property, our liberty, our lives can only be protected by independent judges.
(Luther Martin.)

"We want your offices, for the purpose of giving them to men who
will fill them better." In these frank words, Senator William Branch
Giles[430] of Virginia stated one of the purposes of the Republicans
in their determined attack on the National Judiciary. He was
speaking to the recently elected young Federalist Senator from
Massachusetts, John Quincy Adams.[431]
They were sitting before the blazing logs in the wide fireplace that
warmed the Senate Chamber. John Randolph, the Republican leader
of the House, and Israel Smith, a Republican Senator from Vermont,
were also in the group. The talk was of the approaching trial of
Samuel Chase, Associate Justice of the Supreme Court of the United
States, whom the House had impeached for high crimes and
misdemeanors. Giles and Randolph were, "with excessive
earnestness," trying to convince the doubting Vermont Senator of
the wisdom and justice of the Republican method of ousting from
the National Bench those judges who did not agree with the views of
the Republican Party.
Giles scorned the idea of "an independent judiciary!" The
independence claimed by the National judges was "nothing more nor
less than an attempt to establish an aristocratic despotism in
Welcome to our website – the perfect destination for book lovers and
knowledge seekers. We believe that every book holds a new world,
offering opportunities for learning, discovery, and personal growth.
That’s why we are dedicated to bringing you a diverse collection of
books, ranging from classic literature and specialized publications to
self-development guides and children's books.

More than just a book-buying platform, we strive to be a bridge

connecting you with timeless cultural and intellectual values. With an
elegant, user-friendly interface and a smart search system, you can
quickly find the books that best suit your interests. Additionally,
our special promotions and home delivery services help you save time
and fully enjoy the joy of reading.

Join us on a journey of knowledge exploration, passion nurturing, and

personal growth every day!

ebookbell.com