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
The impeachers had no one whom they could pit against this "unprincipled
and impudent Federalist bulldog," as Jefferson called him; and in other
ways, too, from the first their lot was not easy. For one thing, they
could not agree among themselves as to the proper scope of impeachment
under the Constitution. Randolph, the leader of the House managers, and
Campbell adhered in essence to Giles's theory. But Rodney and Nicholson,
both much abler lawyers, openly disavowed such latitudinarian doctrine.
In a general way, their view of the matter may be stated thus: Because
judges of the United States are guaranteed continuance in office only
during "good behavior," and because impeachment is the only method of
removal recognized by the Constitution, the "high crimes and
misdemeanors" for which impeachment is the constitutional resource must
include all cases of willful misconduct in office, whether indictable or
not. This seems sound theory and appears today to be established theory.
But sound or not, the managers of the Republicans were not a unit in
urging it, while their opponents put forward with confidence and
unanimity the theory that "high crimes and misdemeanors" were always
indictable offenses.
More calamitous still for the accusers of Chase was the way in which,
when the evidence began to come in, the case against him started
crumpling at the corners. Lewis, who had been Fries's attorney and whose
testimony they had chiefly relied upon to prove the judge's unfairness
on that occasion, had not only acknowledged that his memory was "not
very tenacious" after so great a lapse of time but had further admitted
that he had really dropped the case because he thought it "more likely
that the President would pardon him [Fries] after having been convicted
without having counsel than if he had." Similarly Hay, whose repeated
efforts to bring the question of the constitutionality of the Sedition
Act before the jury had caused the rupture between court and counsel in
Callender's case, owned that he had entertained "but little hopes of
doing Callender any good" but had "wished to address the public on the
constitutionality of the law." Sensations multiplied on every side. A
man named Heath testified that Chase had told the marshal to strike all
Democrats from the panel which was to try Callender; whereupon a second
witness called to confirm this testimony stated facts which showed the
whole story to be a deliberate fabrication. The story that Chase had
attacked the Administration at Baltimore was also substantially
disproved by the managers' own witnesses. But the climax of absurdity
was reached in the fifth and sixth articles of impeachment, which were
based on the assumption that an act of Congress had required the
procedure in Callender's case to be in accordance with the law of
Virginia. In reply to this argument Chase's attorneys quickly pointed
out that the statute relied upon applied only to actions between
citizens of different States!
Public-domain text, read in full here on John Shaqi.
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