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
Pickering's trial began on March 2, 1804, and had a bearing on Chase's
fate which at once became clear. The evidence against the New Hampshire
judge showed intoxication and profanity on the bench and entire
unfitness for office, but further evidence introduced in his behalf
proved the defendant's insanity; and so the question at once arose
whether an insane man can be guilty of "high crimes and misdemeanors?"
Greatly troubled by this new aspect of the case, the Senate none the
less voted Pickering guilty "as charged," by the required two-thirds
majority, though eight members refused to vote at all. But the exponents
of "judge-breaking" saw only the action of the Senate and were blind to
its hesitation. On the same day on which the Senate gave its verdict on
Pickering, the House by a strictly partisan vote decreed Chase's
impeachment.
The charges against Chase were finally elaborated in eight articles. The
substance of the first six was that he had been guilty of "oppressive
conduct" at the trials of John Fries and James Thompson Callender. The
seventh charged him with having attempted at some time in 1800 to
dragoon a grand jury at Newcastle, Delaware, into bringing forward an
accusation of sedition against a local paper. These seven articles
related therefore to transactions already four or five years old. The
eighth article alone was based on the address at Baltimore, which it
characterized as "an intemperate and inflammatory political harangue,"
delivered "with intent to excite the fears and resentment ... of the
good people of Maryland against their State Government and Constitution,
... and against the Government of the United States."
Public-domain text, read in full here on John Shaqi.
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