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
Giles’s view of impeachment, which was the same with that of Randolph,
had the advantage of being clear and consistent. The opposite extreme,
afterward pressed by Luther Martin and his associate counsel for the
defence, restricted impeachment to misdemeanors indictable at law,--a
conclusion not to be resisted if the words of the Constitution were to
be understood in a legal sense. Such a rule would have made impeachment
worthless for many cases where it was likely to be most needed; for
comparatively few violations of official duty, however fatal to the
State, could be brought within this definition. Giles might have
quoted Madison in support of the broader view; and if Madison did not
understand the Constitution, any other Virginian might be excused for
error. So far back as the year 1789, when Congress began to discuss
the President’s powers, Madison said: “I contend that the wanton
removal of meritorious officers would subject him to impeachment and
removal from his own high trust.” Such a misdemeanor was certainly not
indictable, and could not technically be brought within the words of
the Constitution; it was impeachable only on Giles’s theory.
The Senate became confused between these two views, and never knew on
what theory it acted. Giles failed to take from its proceedings the
character of a court of justice; but though calling itself a court
of justice, it would not follow strict rules of law. The result was
a nondescript court, neither legal nor political, making law and
voting misdemeanors for itself as it went, and stumbling from one
inconsistency to another.
Public-domain text, read in full here on John Shaqi.
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