Volume III Part 24 (1/2)

[436] William Johnson of South Carolina, appointed March 26, 1804, vice William Moore, resigned. Johnson was a stanch Jeffersonian when appointed. He was thirty-three years old at the time he was made a.s.sociate Justice.

[437] It is impossible to put too much emphasis on Giles's avowal. His statement is the key to the Chase impeachment.

[438] Adams to his father, March 8, 1805, _Writings, J. Q. A._: Ford, III, 108.

[439] Pickering to Lyman, Feb. 11, 1804, _N.E. Federalism_: Adams, 344; Lodge: _Cabot_, 444; also see Plumer, 275.

[440] Plumer to Mason, Jan. 14, 1803, Plumer MSS. Lib. Cong.

[441] Bayard to Ba.s.sett, Feb. 12, 1802, _Bayard Papers_: Donnan, 148.

[442] Channing: _Jeffersonian System_, 119-20; Adams: _U.S._ II, 225-27, 235; Anderson, 93, 95.

[443] Smith to Plumer, Feb. 11, 1804, Plumer MSS. Lib. Cong.

[444] See _infra_, 176-77, 196.

[445] 2 Cranch, 358-405.

[446] See vol. II, 481-82, of this work.

[447] See vol. II, 71-74, of this work.

[448] Fifteen years pa.s.sed before a critical occasion called for another a.s.sertion by Marshall of the doctrine of implied powers; and that occasion produced one of Marshall's greatest opinions--in the judgment of many, the greatest of all his writings. (See McCulloch _vs._ Maryland, vol. IV, chap. VI, of this work.)

[449] Addison's address is historically important; it perfectly shows the distrust of democracy which all Federalist leaders then felt. Among other things, he pleaded for the independence of the Judiciary, a.s.serted that it was their exclusive province to decide upon the const.i.tutionality of laws, and stoutly maintained that no judge could be impeached except for an offense for which he also could be indicted.

(_Addison Trial_, 101-43.)

[450] The pet.i.tion praying for the impeachment of Addison was sent to the Pennsylvania House of Representatives on January 11, 1802. On March 23, 1802, that body transmitted articles of impeachment to the State Senate. The trial was held in early January, 1803. Addison was convicted January 26, 1803. (_Ib._)

[451] Jefferson's Message was transmitted to the House, February 4, 1803, nine days after the conviction of Addison. It enclosed a ”letter and affidavits” setting forth Pickering's conduct on the bench in the case of the s.h.i.+p Eliza, and suggested that ”the Const.i.tution has confided [to the House] a power of inst.i.tuting proceedings of redress.”

(_Annals_, 7th Cong. 2d Sess. 460.)

On March 2 the committee reported a resolution for Pickering's impeachment because of the commission by him of ”high crimes and misdemeanors,” and, though a few Federalists tried to postpone a vote, the resolution was adopted immediately.

[452] Depositions of Samuel Tenney, Ammi R. Cutter, Joshua Brackett, Edward St. Loe Livermore. (_Annals_, 8th Cong. 1st Sess. 334-42.)

[453] Testimony of John S. Sherburne, Thomas Chadbourne, and Jonathan Steele. (_Ib._ 351-56.)

[454] The wise and comprehensive Federalist Judiciary Act of 1801 covered just such cases. It provided that when a National judge was unable to discharge the duties of his office, the circuit judges should name one of their members to fill his place. (See _Annals_, 6th Cong. 2d Sess. 1545.) This very thing had been done in the case of Judge Pickering (see McMaster: _U.S._ III, 166). It is curious that, in the debate, the Republicans did not denounce this as unconst.i.tutional.

[455] Plumer, Jan. 5, 1804, ”Congress,” Plumer MSS. Lib. Cong.

[456] _Annals_, 8th Cong. 1st Sess. 328-30.

[457] _Memoirs, J. Q. A._: Adams, I, 299-300.

[458] ”This,” records Adams, ”had evidently been settled ... out of court. And this is the way in which these men administer justice.”

(_Ib._)

[459] ”In the House ... speeches are making every day to dictate to the Senate how they are to proceed; and the next morning they proceed accordingly.” (_Ib._ 301-02.)