The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In 1790, Judge Grimke of the same State took advantage of a
similar occasion to comment with severity on those who had
opposed the ratification of the Constitution of the United
States. Jealousy had done much to poison their minds, he said,
"for it is observable that throughout the whole of the United
States a majority of the leaders of the opposition to our newly
adopted government are not natives of our soil; hence this
pernicious quality of the mind displays itself more widely in
America."[Footnote: "American Museum," VIII, Appendix II, 33.]
In 1798, when Elbridge Gerry was the Republican candidate for
Governor of Massachusetts, a Federalist newspaper reported
approvingly a charge of Chief Justice Dana of that State. He had
been an ardent politician before going on the bench and had
declined a nomination as minister to France during the preceding
year. "The learned judge," said the Boston _Centinel_, "in
a forcible manner proved the existence of a French faction in the
bosom of our country and exposed the French system among us from
the quintumvirate of Paris to the Vice-President and minority of
Congress as apostles of atheism and anarchy, bloodshed and
plunder."[Footnote: Centinel of Nov. 28, 1798, quoted in Austin,
"Memoirs of Elbridge Gerry," II, 296, note.]
In 1800, Justice Chase of the Supreme Court of the United States
made several charges in Maryland hardly less objectionable, one
of which was afterward unsuccessfully set up by the House of
Representatives as a ground of his impeachment. The article
stating it described the charge as "an intemperate and
inflammatory political harangue with intent to excite the fears
and resentment of the said grand jury and of the good people of
Maryland against their state government and Constitution." He
had, indeed, used this language:
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