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 final arguments began on the 20th of February. The first speech in
behalf of Chase was delivered by Joseph Hopkinson, a young Philadelphia
attorney, whose effort stirred the admiration of Federalists and
Republicans alike. He dwelt upon "the infinite importance" of the
implications of this case for the future of the Republic, contrasted the
frivolity of the charges brought against Chase with the magnitude of the
crimes of which Warren Hastings had been accused, and pointed out that,
whereas in England only two judges had been impeached in half a century,
in America, "boasting of its superior purity and virtue," seven judges
had been prosecuted within two years. More loosely wrought, but not less
effective was Martin's address, the superb climax of a remarkable
forensic career! The accusation against Chase he reduced to a charge of
indecorum, and he was ready to admit that the manner of his friend "bore
a stronger resemblance to that of Lord Thurlow than of Lord
Chesterfield," but, said he, our judges ought not to be "like the gods
of Epicurus lolling upon their beds of down, equally careless whether
the laws of their country are obeyed or violated, instead of actively
discharging their duties."
The closing argument, which fell to the managers, was assigned to
Randolph. It was an unmitigated disaster for the cause in behalf of
which it was pronounced. "I feel perfectly inadequate to the task of
closing this important debate on account of a severe indisposition which
I labor under," were Randolph's opening words, but even this prefatory
apology gave little warning of the distressing exhibition of
incompetence which was to follow. "On the reopening of the court,"
records John Quincy Adams in his Memoirs, "he [Randolph] began a speech
of about two hours and a half, with as little relation to the
subject-matter as possible ... without order, connection, or argument;
consisting altogether of the most hackneyed commonplaces of popular
declamation, mingled up with panegyrics and invectives upon persons,
with a few well-expressed ideas, a few striking figures, much distortion
of face and contortion of body, tears, groans and sobs, with occasional
pauses for recollection, and continual complaints of having lost his
notes." So ended the ambition of John Randolph of Roanoke to prove
himself another Burke!
Public-domain text, read in full here on John Shaqi.
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