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Plainly enough now: the speaking out then would have damaged the 'perfectly free' argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a re-argument? Why the incoming President's advance exhortation in favor of the decision?
Pinkney was on bad terms with Mr. Wirt, and acted alone. He did all that was possible; prepared himself elaborately in the law and history of the case, and then went into court ready to make the wisest possible move by asking for a re-argument. Marshall, however, was also quite prepared.
The discussions yet turned upon certain merely technical rules to be applied to the pleadings under review; and ostensibly to give time for further examination, the case was postponed and a re-argument ordered for the next term. It may, however, be suspected that the nearness of the Presidential election had more to do with this postponement than did the exigencies of the law.
The case was taken to the Supreme Court and there argued by lawyers of great ability and learning. The Court found unusual difficulties in it, held it under advisement during the exciting summer of 1856, and directed a re-argument at the December term. On March 6th, 1857, two days after the inauguration of Buchanan, the Judges delivered their memorable opinions.
Plainly enough now: the speaking out then would have damaged the 'perfectly free' argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a re-argument? Why the incoming President's advance exhortation in favor of the decision?
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