History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
The impeachment of Judge Pickering in Congress followed and in some
degree imitated an impeachment by the Pennsylvania Legislature of Judge
Addison, one of the five president judges of the Common Pleas. With
the help of Dallas and Governor McKean, the Legislature in January,
1803, removed Judge Addison; then, inspired by Randolph’s attack
on Justice Chase, they turned against their Supreme Court,--at one
sweep impeaching three of the judges, and addressing the Governor for
the removal of H. H. Brackenridge, the fourth, because he insisted
on making common cause with his associates. The alleged ground of
impeachment was the arbitrary committal of a suitor for contempt of
court; the real motive seemed rather to be a wish for legal reforms
such as society was too unskilful to make for itself, and lawyers were
slow to begin. Throughout America the bar was a sort of aristocracy,
conservative to a degree that annoyed reformers of every class.
Jefferson and his party raised one Republican lawyer after another
to the bench, only to find that when their professions of political
opinion were tested in legal form, the Republican judge rivalled
Marshall in the Federalist and English tendencies of his law. The
bar chose to consider the prejudice of society against their caste
unreasonable; but the bar was itself somewhat unreasonable to require
that an untrained and ill-led body of country farmers and local
politicians should say precisely what legal reform they wanted, or know
exactly what was practicable.
No sooner did the Pennsylvania Legislature begin to pull in pieces
the judicial system of the State, and persecute the legal profession,
than Dallas, McKean, and all the educated leaders of the Republican
party broke from the mass of their followers, and attempted to check
their violence. Governor McKean stopped with his veto certain measures
which the Legislature had approved, and he declined to remove Judge
Breckenridge when the Legislature asked him to do so. Dallas became
counsel for the impeached judges. Duane and Leib raged against McKean
and Dallas; a large majority of Pennsylvania Republicans followed
the “Aurora;” Gallatin lost control over his State, and saw himself
threatened, like his friend Dallas, with ostracism; while the outside
world, roused by the noise of this faction-fight, asked what it meant,
and could not understand the answer. The Federalists alone professed to
explain the mystery which perplexed people less wise than themselves;
they had said from the beginning that the democrats had neither virtue
nor understanding to carry on the government, and must bring about a
crisis at last.
After the excitement of Burr’s intrigues and Hamilton’s death subsided,
leaving the politics of New York in comparative repose, the autumn
elections in Pennsylvania began to disturb Jefferson’s temper.
Public-domain text, read in full here on John Shaqi.
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