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 while their frontal assault on the reason of the court was thus
breaking down, the impeachers, led by the President, were attempting a
flank movement on its virtue. They especially distrusted the
"steadiness" of certain New England and New York Senators and hoped to
reach the hearts of these gentlemen through Aaron Burr, the
Vice-President. Burr had heretofore found himself vested with the rôle
of Lucifer in the Republican Paradise. Now he found himself suddenly
basking in a perpetual sunburst of smiles both from the great central
luminary, Jefferson, and his paler satellites, Madison and Gallatin.
Invitations to the President's dinners were soon followed by more
substantial bribes. Burr's step-son became judge of the Superior Court
at New Orleans; his brother-in-law, secretary to the Louisiana
Territory; his intimate friend Wilkinson, its military commandant. Then
Giles, whose view of impeachment left him utterly shameless in the
matter, drew up and circulated in the Senate itself a petition to the
Governor of New Jersey asking him to quash the indictment for murder
which the Bergen County grand jury had found against Burr as a result of
the duel with Hamilton. At the same time, an act was passed giving the
retiring Vice-President the franking privilege for life. In the debate
Senator Wright of Maryland declared that dueling was justified by the
example of David and Goliath and that the bill was opposed "only because
our David had slain the Goliath of Federalism."
Whether Burr made any attempt to render the expected quid pro quo for
these favors does not appear, but at least if he did, his efforts were
fruitless. The vote on the impeachment of Chase was taken on the 1st of
March, and the impeachers were crushingly defeated. On the first article
they could muster only sixteen votes out of thirty-four; on the second,
only ten; on the fifth, none; on the sixth, four. Even on the last
article, where they made their best showing, they were still four votes
short of the required constitutional majority. When the result of the
last ballot was announced, Randolph rushed from the Senate chamber to
the House to introduce a resolution proposing an amendment to the
Constitution, requiring that judges of the United States "shall be
removed by the President on joint address of both Houses of Congress."
At the same time Nicholson moved an amendment providing legislative
recall for Senators. Thus exasperation was vented and no harm done.
Public-domain text, read in full here on John Shaqi.
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