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 annexation of Louisiana, the constitutional amendment in regard to
the Vice-presidency, the change of financial practices foreshadowed by
the Mediterranean Fund, were signs of reaction toward nationality and
energy in government. Yet the old prejudices of the Republican party
had not yet wholly lost their force. Especially the extreme wing,
consisting of men like John Randolph and W. B. Giles, thought that a
substantial reform should be attempted. Increase of power encouraged
them to act. The party, stimulated by its splendid success and
irresistible popularity, at length, after long hesitation, prepared for
a trial of strength with the last remnant of Federalism,--the Supreme
Court of the United States.
A year of truce between Congress and the Supreme Court had followed
the repeal of the Judiciary Act. To prevent Chief-Justice Marshall and
his associates from interfering with the new arrangements, Congress
in abolishing the circuit courts in 1801 took the strong measure of
suspending for more than a year the sessions of the Supreme Court
itself. Between December, 1801, and February, 1803, the court was not
allowed to sit. Early in February, 1803, a few days before the Supreme
Court was to meet, after fourteen months of separation, President
Jefferson sent an ominous Message to the House of Representatives.
“The enclosed letter and affidavits,” he said,[92] “exhibiting
matter of complaint against John Pickering, district judge
of New Hampshire, which is not within executive cognizance,
I transmit them to the House of Representatives, to whom the
Constitution has confided a power of instituting proceedings
of redress if they shall be of opinion that the case calls for
them.”
The enclosed papers tended to show that Judge Pickering, owing to
habits of intoxication or other causes, had become a scandal to the
bench, and was unfit to perform his duties. At first sight the House
of Representatives might not understand what it had to do with such a
matter; but the President’s language admitted no doubt of his meaning.
The Constitution said that the House of Representatives “shall have
the sole power of impeachment;” and “all civil officers of the United
States shall be removed from office on impeachment for, and conviction
of, treason, bribery, or other high crimes and misdemeanors.”
Jefferson’s Message officially announced to the House the President’s
opinion that Judge Pickering’s conduct was a misdemeanor within the
reach of impeachment.
The House referred the Message to a committee of five, controlled
by Joseph Nicholson and John Randolph. A fortnight later, Nicholson
reported a resolution ordering the impeachment; and before the session
closed, the House, by a vote of forty-five to eight, adopted his
report, and sent Nicholson and Randolph to the bar of the Senate to
impeach Judge Pickering of high crimes and misdemeanors. March 3, 1803,
the last day of the session, the two members delivered their message.
Public-domain text, read in full here on John Shaqi.
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