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 managers then put forward their best pleaders; for they had need
of all their strength. Nicholson began by disavowing the idea that
impeachment was a mere inquest of office; this impeachment was, he
said, a criminal prosecution intended not merely to remove, but to
punish, the offender. On the other hand, he maintained that since
judges held their commissions during good behavior, and could be
removed only by impeachment, the Constitution must have intended that
any act of misbehavior should be considered a misdemeanor. He showed
the absurdities which would rise from construing the Constitution
in a legal sense. His argument, though vigorous and earnest, and
offering the advantages of a plausible compromise between two extreme
and impracticable doctrines, yet evidently strained the language of
the Constitution and disregarded law. As Nicholson himself said, he
discarded legal usage: “In my judgment the Constitution of the United
States ought to be expounded upon its own principles, and foreign aid
ought never to be called in. Our Constitution was fashioned after none
other in the known world; and if we understand the language in which it
is written, we require no assistance in giving it a true exposition.”
He wanted a construction “purely and entirely American.” In the mouth
of a strict constructionist this substitution of the will of Congress
for the settled rules of law had as strange a sound as Luther Martin
could have wished, and offered another example of the instinct, so
striking in the Louisiana debate, which not even Nicholson, Randolph,
or Jefferson himself could always resist.
Rodney, the same day, followed Nicholson; and as though not satisfied
with his colleague’s theory, did what Nicholson, in the name of all
the managers, had a few hours before expressly disclaimed,--he adopted
and pressed Giles’s theory of impeachment with all the precision
of language he could command. Nicholson seemed content to assume
impeachment as limited to “treason, bribery, or other high crimes
and misdemeanors;” but in his view misbehavior might be construed as
a misdemeanor in a “purely and entirely American” sense. Rodney was
not satisfied with this argument, and insisted that the Constitution
imposed no limit on impeachment.
“Is there a word in the whole sentence,” he asked, “which
expresses an idea, or from which any fair inference can be
drawn, that no person shall be impeached but for ‘treason,
bribery, or other high crimes and misdemeanors?’... From the
most cursory and transient view of this passage I submit with
due deference that it must appear very manifest that there are
other cases than those here specified for which an impeachment
will lie and is the proper remedy.”
Public-domain text, read in full here on John Shaqi.
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