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
Joseph Hopkinson opened for the defence. Friends and enemies joined
in applauding the vigor of this young man’s attack. The whole effort
of Chase’s counsel was to drive the impeachers within the limits of
law, and compel them to submit to the restrictions of legal methods.
Hopkinson struck into the heart of the question. He maintained that
under the Constitution no judge could be lawfully impeached or removed
from office for any act or offence for which he could not be indicted;
“misdemeanor,” he argued, was a technical term well understood and
defined, which meant the violation of a public law, and which, when
occurring in a legal instrument like the Constitution, must be given
its legal meaning. After stating this proposition with irresistible
force, he dealt with Article I. of the impeachment, which covered
the case of Fries, and shook it to pieces with skill very unlike the
treatment of Early and Campbell. Barton Key next rose, and dealt with
Articles II., III., and IV., covering part of Callender’s case; he was
followed by Charles Lee, who succeeded in breaking down Randolph’s
interpolated Articles V. and VI. Then Luther Martin appeared on the
scene, and the audience felt that the managers were helpless in his
hands.
This extraordinary man--“unprincipled and impudent Federalist
bulldog,” as Jefferson called him--revelled in the pleasure of a
fight with democrats. The bar of Maryland felt a curious mixture of
pride and shame in owning that his genius and vices were equally
remarkable. Rough and coarse in manner and expression, verbose, often
ungrammatical, commonly more or less drunk, passionate, vituperative,
gross, he still had a mastery of legal principles and a memory that
overbalanced his faults, an audacity and humor that conquered ill-will.
In the practice of his profession he had learned to curb his passions
until his ample knowledge had time to give the utmost weight to his
assaults. His argument at Chase’s trial was the climax of his career;
but such an argument cannot be condensed in a paragraph. Its length and
variety defied analysis within the limits of a page, though its force
made other efforts seem unsubstantial.
Martin covered the same ground that his associates had taken before
him, dwelling earnestly on the contention that an impeachable offence
must be also indictable. Harper followed, concluding the argument for
the defence, and seeming to go beyond his associates in narrowing the
field of impeachment; for he argued that it was a criminal prosecution,
which must be founded on some wilful violation of a known law of the
land,--a line of reasoning which could end only in requiring the
violation of an Act of Congress. This theory did not necessarily clash
with that of Martin. No hesitation or inconsistency was shown on the
side of the defence; every resource of the profession was used with
energy and skill.
Public-domain text, read in full here on John Shaqi.
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