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 Virginians closed their quarrels for the moment in order to support
the impeachment. William B. Giles, who came to the Senate in place of
Wilson Cary Nicholas, acted as Randolph’s representative in shaping
the Senate’s rules.[139] He canvassed its members, and dealt with
those who doubted, laboring earnestly and openly to bring senators
to the Virginia standpoint, as fixed by him in a speech intended to
serve as guide in framing rules for the proceedings about to begin.
This speech, made Dec. 20, 1804,[140] maintained that the Constitution
put no limit on impeachment, but said only that the Senate should
try _all_ impeachments; and therefore, while any civil officer
convicted of treason, bribery, or other high crimes and misdemeanors
should be removed from office, in all other cases not enumerated the
Senate might at its discretion remove, disqualify, or suspend the
officer. Thus Judge Pickering had been removed, said Giles, though
undoubtedly insane and incapable of committing any crime or of making
his defence. “So the assumption of power on the part of the Supreme
Court in issuing their process to the office of the Secretary of
State, directing the Executive how a law of the United States should
be executed, and the right which the courts have assumed to themselves
of reviewing and passing upon the Acts of the Legislature in other
cases,” were matter of impeachment. In arguing this thesis Giles was
obliged to take the ground that the Senate was not a court, and ought
to discard all analogy with a court of justice;[141] impeachment need
imply no criminality or corruption, and removal was nothing more than a
notice to the impeached officer that he held opinions dangerous to the
State, and that his office must be put in better hands. He induced the
Senate to strike out the word “court” where it occurred in the proposed
rules;[142] and at length went so far as to deny that the secretary of
the Senate could administer the oath to witnesses, or that the Senate
had power to authorize the secretary to administer such an oath, but
must send for a magistrate competent for the purpose. Unfortunately
for him, the impeachment of Judge Pickering was a precedent directly
opposed to this doctrine. He was compelled to submit while the Senate
unwillingly took the forms of a court.
Public-domain text, read in full here on John Shaqi.
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