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
Feb. 9, 1805, the case was opened by John Randolph. Randolph claimed to
have drawn all the articles of impeachment with his own hand. If any
one understood their character, it was he; and the respondent’s counsel
naturally listened with interest for Randolph’s explanation or theory
of impeachment, and for the connection he should establish between his
theory and his charges. These charges were numerous, but fell under
few heads. Of the eight articles which Randolph presented, the first
concerned the judge’s conduct at the trial of John Fries for treason
in Philadelphia in 1800; the five following articles alleged a number
of offences committed during the trial of James Thompson Callender for
libel at Richmond in that year; Article VII. charged as a misdemeanor
the judge’s refusal, in the same year, to dismiss the grand jury in
Delaware before indicting a seditious printer; finally, Article VIII.
complained of the judge’s harangue to the grand jury at Baltimore in
May, 1803, which it characterized as “highly indecent, extrajudicial,
and tending to prostitute the high judicial character with which he
was invested to the low purpose of an electioneering partisan.”
Serious as some of these charges certainly were,--for in the case
of Callender, even more than in that of Fries, Chase’s temper had
led him to strain, if not to violate, the law,--none of the articles
alleged an offence known to the statute-books or the common law; and
Randolph’s first task was to show that they could be made the subject
of impeachment, that they were high crimes and misdemeanors in the
sense of the Constitution, or that in some sense they were impeachable.
Instead of arguing this point, he contented himself by declaring the
theory of the defence to be monstrous. His speech touched the articles,
one by one, adding little to their force, but piling one mistake on
another in its assertions of fact and assumptions of law.
Ten days passed in taking evidence before the field was cleared and the
discussion began. Then, Feb. 20, 1805, Early and Campbell led for the
managers in arguments which followed more or less closely in Randolph’s
steps, inferring criminality in the accused from the manifest tenor of
his acts. Campbell ventured to add that he was not obliged to prove
the accused to have committed any crime known to the law,--it was
enough that he had transgressed the line of official duty with corrupt
motives; but this timid incursion into the field of the Constitution
was supported by no attempt at argument. “I lay it down as a settled
rule of decision,” said he, “that when a man violates a law or commits
a manifest breach of his duty, an evil intent or corrupt motive must be
presumed to have actuated his conduct.”
Public-domain text, read in full here on John Shaqi.
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