Great Divide to the Pacific
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Aaron Burr was one of the most talented of our founding fathers, a Lieutenant Colonel in the Continental Army, an accomplished attorney in New York, a United States Senator, and the third Vice President. But Burr also happens to be the only sitting or former President or Vice President ever tried for treason in arguably the most important criminal trial in American history.
There has been only one instance in our nation’s history of a United States Supreme Court Justice being impeached, and that occurred in 1804 during a significant political tussle over the independence and power of the judiciary. The justice in question was Samuel Chase and his alleged crimes seem trivial in retrospect, but Chase was simply a pawn in an ongoing battle of wills between two American icons, President Thomas Jefferson and Chief Justice John Marshall that took place in the early 1800s. And the decision reached in his case would have a profound impact on the future of the country.
Marbury v Madison is the most consequential legal decision in our nation’s history because it established the concept of judicial review in the United States. This principal grants to the judiciary the responsibility to review laws for their constitutionality and gives it the power to void legislation it finds repugnant to the Constitution. That decision was rendered by John Marshall, Chief Justice of the Supreme Court in 1803, but the road to that decision extends further back.
John Marshall's active service in the Continental Army ended in December 1779, although he did not officially retire from the military until February 1781. Marshall went home to Virginia to await his next command, anxious to get back into the fight, but that call never came as the war in the north wound down.
In early December 1775, Major Thomas Marshall and his son, Lieutenant John Marshall, and the rest of the Culpepper Minutemen were ordered to join Colonel William Woodford at Great Bridge, a small village nine miles south of Norfolk. Here, in the first fight of the American Revolution in Virginia, the young Lieutenant from the frontier would get his initial taste of battle.
John Marshall is perhaps the most impactful and influential man in American history who was never president. Almost single handedly, John Marshall created our national judiciary and established it as a branch of government co-equal to the legislative and executive branches.
After the Federalists were voted out of office in the fall of 1800 by Thomas Jefferson’s Democratic-Republican Party, the need for reform to the judicial system, the last stronghold of Federalist authority, became the most pressing concern of the outgoing Adams administration.
One of the foundational governing principles of the Constitution created at the Philadelphia Convention in the summer of 1787 was a separation of powers between the national legislative, executive, and judicial branches. But while significant operating concepts and responsibilities were set forth for Congress and the Executive in the Constitution, the delegates barely addressed the specific structure of the Judicial branch.
The court system in Colonial America, not surprisingly, mirrored that of Great Britain and became one of the great sources of discontent as American colonists moved towards independence. The main issue was over who would control or have the greatest influence on the judiciary.
Commodore Edward Preble assembled his considerable American fleet just outside Tripoli harbor in August 1804, determined to punish the city and its corsairs, and force Yusuf Karamanli, the Dey of Tripoli, to sue for peace.
William Eaton led the first successful invasion of a foreign land by the United States when in 1804 he led a handful of Marines and a hodgepodge assembly of Christian mercenaries and unruly Arabs to conquer the Tripolitan port city of Derne.
Captain William Bainbridge managed to run the USS Philadelphia hard aground on a submerged reef in Tripoli harbor on October 31, 1803, and this pristine frigate, one of the top ships in the United States Navy was now in grave danger of falling into the hands of the Tripolitan pirates.
Soon after Thomas Jefferson was sworn in as our country’s third president on March 4, 1801, Yusuf Karamanli, the Pasha of Tripoli, decided to renounce the existing treaty his North African province had with the United States. Unhappy with the amount of his annual tribute and feeling under-compensated compared to his fellow tyrant, the Dey of Algiers, Karamanli demanded that the new President give him a one-time gift of $250,000 and an annual tribute of $20,000.
The Treaty of Paris of 1783 that ended the American Revolution, brought the United States its long-desired liberty and independence from Great Britain. But with that separation came the loss of protection on the high seas for American merchant ships by the Royal Navy. And the removal of that security blanket had painful and expensive consequences for the young country which were first felt several thousand miles away, in the waters of the Mediterranean Sea.
Captains Meriwether Lewis and William Clark had guided the Corps of Discovery four thousand miles to the Pacific Ocean, and they planned to continue their explorations on the return leg of their journey. The plan was to temporarily split up the Corps with Clark taking one group to descend and explore the Yellowstone to its junction with the Missouri, Sergeant Ordway leading another party to the Falls of the Missouri and there make preparations to portage the Falls, while Lewis was to lead a third group up the Marias River and determine its northern most latitude to further establish the boundaries of the Louisiana Purchase.
The Lewis and Clark Expedition sighted the Pacific Ocean, or more specifically the Columbia River estuary, on November 7, 1805, and spent the next month exploring the area and searching for a suitable location to build a fort for the coming winter. It was a wretched month, one of the worst of the entire journey, as the constant rain soaked the men and their equipment. But despite the conditions, the men felt a growing sense of pride as they considered their incredible accomplishments since leaving St. Louis in May 1804.
The Lewis and Clark Expedition had been traveling almost straight west and upstream since leaving the Mandan villages in early April 1805. They had safely made it to the west side of the Continental Divide, a great accomplishment, and now would be floating downstream on the western river system that would lead them to the Pacific Ocean.
Upon leaving the Great Falls of the Missouri on July 15, 1805, the Lewis and Clark expedition began to search in earnest for the Shoshone from whom they hoped to purchase horses for their journey over the Rockies. The next day, Lewis identified an abandoned but recent Shoshone camp with a wickiup and signs of numerous horses, but the Indians remained elusive. The captains decided to split up and have Clark take a detachment ahead while Lewis brought up the boats and the rest of the Corps.
As Lewis and Clark continued their journey up the Missouri River in 1805, the Corps was moving further and further from civilization with every stroke of their paddles. Although the Corps had been made aware of the countless wonders to the west through conversations with the Mandans and Hidatsas, it was quite another thing to observe the wonders for themselves, and at seemingly every bend in the river there were new discoveries.
Aaron Burr's grand scheme to create his own country, possibly in Mexico or from United States territory, began to collapse late in 1806, practically before it ever got started. This empire in the sky built largely in Burr’s fertile mind was swiftly coming to an end.