John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
Unfortunately this is a sort of reform that grows by what it feeds upon.
Having got rid of the less fit members of the local judiciary, the
Republican leaders next turned their attention to some of their
aggressive party foes on the Superior Bench. The most offensive of these
was Alexander Addison, president of one of the Courts of Common Pleas of
the State. He had started life as a Presbyterian preacher and had found
it natural to add to his normal judicial duties the business of
inculcating "sound morals and manners." ¹ Addison had at once taken the
Alien and Sedition laws under his wing, though their enforcement did not
fall within his jurisdiction, and he found in the progress of the French
Revolution numerous texts for partisan harangues to county juries. For
some reason Addison's enemies decided to resort to impeachment rather
than to removal by address; and, as a result, in January, 1803, the
State Senate found him guilty of "misdemeanor," ordered his removal from
office, and disqualified him for judicial office in Pennsylvania. Not
long afterwards the House of Representatives granted without inquiry or
discussion a petition to impeach three members of the Supreme Court of
the State for having punished one Thomas Passmore for contempt of court
without a jury trial.
¹ President Dickinson of Pennsylvania wrote the Chief Justice and judges
of the Supreme Court of the Commonwealth, on October 8, 1785, that they
ought not to content themselves merely with enforcing the law, but
should also endeavor to "inculcate sound morals and manners."
Pennsylvania Archives, vol. X, pp. 623-24.
Jefferson entered office with his mind made up that the Act of the 13th
of February should be repealed. ¹ He lacked only a theory whereby he
could reconcile this action with the Constitution, and that was soon
forthcoming. According to the author of this theory, John Taylor of
Caroline, a budding "Doctor Irrefragabilis" of the State Rights school,
the proposed repeal raised two questions: first, whether Congress could
abolish courts created by a previous act of Congress; and second,
whether, with such courts abolished, their judges still retained office.
Addressing himself to the first question, Taylor pointed out that the
Act of the 13th of February had itself by instituting a new system
abolished the then existing inferior courts. As to the second point, he
wrote thus: "The Constitution declares that the judge shall hold his
office during good behavior. Could it mean that he should hold office
after it had been abolished? Could it mean that his tenure should be
limited by behaving well in an office which did not exist?" A
construction based on such absurdities, said he, "overturns the benefits
of language and intellect."
¹ In this connection Mr. Beveridge draws my attention to Jefferson's
letter to A. Stuart of April 5, 1801. See the Complete Works of
Jefferson (Washington, 1857), vol. IV, p. 393.
Public-domain text, read in full here on John Shaqi.
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