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
But the charges framed against Chase revealed only imperfectly the
animus which was now coming more and more to control the impeachers.
Fortunately, however, there was one man among the President's advisers
who was ready to carry the whole antijudicial program as far as
possible. This uncompromising opponent was William Branch Giles, Senator
from Virginia, whose views on the subject of impeachment were taken down
by John Quincy Adams just as Chase's trial was about to open. Giles,
according to this record, "treated with the utmost contempt the idea of
an independent judiciary--said there was not a word about their
independence in the Constitution.... The power of impeachment was given
without limitation to the House of Representatives; the power of trying
impeachment was given equally without limitation to the Senate; and if
the Judges of the Supreme Court should dare, as they had done, to
declare an act of Congress unconstitutional, or to send a mandamus to
the Secretary of State, as they had done, it was the unreserved right of
the House of Representatives to impeach them, and that of the Senate to
remove them, for giving such opinions, however, honest or sincere they
may have been in entertaining them." For "impeachment was not a criminal
prosecution, it was no prosecution at all." It only signified that the
impeached officer held dangerous opinions and that his office ought to
be in better hands. "I perceive," adds Adams, on his own account, "that
the impeachment system is to be pursued, and the whole bench of the
Supreme Court to be swept away, because their offices are wanted. And in
the present state of things I am convinced it is as easy for Mr. John
Randolph and Mr. Giles to do this as to say it."
The trial formally opened on January 2, 1805, though the taking of
testimony did not begin until the 9th of February. A contemporary
description of the Senate chamber shows that the apostles of Republican
simplicity, with the pomp of the Warren Hastings trial still fresh in
mind, were not at all averse to making the scene as impressive as
possible by the use of several different colors of cloth: "On the right
and left of the President of the Senate, and in a right line with his
chair, there are two rows of benches with desks in front, and the whole
front and seats covered with crimson cloth.... A temporary semi-circular
gallery, which consists of three ranges of benches, is elevated on
pillars and the whole front and seats thereof covered with green
cloth.... In this gallery ladies are accommodated.... On the right and
left hand of the President ... are two boxes of two rows of seats ...
that facing the President's right is occupied by the managers ... that
on the other side of the bar for the accused and his counsel ... these
boxes are covered with blue cloth." To preside over this scene of
somewhat dubious splendor came Aaron Burr, Vice-President of the United
States, straight from the dueling ground at Weehawken.
Public-domain text, read in full here on John Shaqi.
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