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Grand Inquests: the Historic Impeach- Ments of Justice
GRAND INQUESTS: THE HISTORIC IMPEACH MENTS OF JUSTICE SAMUEL CHASE AND PRESIDENT ANDREW JOHNSON. By William H. Rehnquist.' William Morrow & Co., Inc. 1992. Reissued in paperback, 1999. Pp. 304. $12.00. Michael J. Gerhard( INTRODUCTION Chief Justice William H. Rehnquist's is a book that was written well ahead of its time-almost seven years, to be precise. Written in 1992, Grand Inquests explores the backgrounds, de tails, historical contexts, and constitutional significance of the two most important Senate impeachment trials in the nineteenth century-those of Supreme Court Justice Samuel Chase in 1805 and President Andrew Johnson in 1868. Presumably, Chief Jus tice Rehnquist expected at the time that he published the book that the topic would be a safe one for a sitting chief justice, for it would then have seemed highly unlikely that no similar such trial would have been on the horizon during the Chief Justice's ten ure or lifetime. Thus, Chief Justice Rehnquist could have rea sonably expected that he could write about the Chase and John son impeachment trials without ever having to confront the issues involved in them (or like proceedings) in his formal ca pacity. We now know that Chief Justice Rehnquist's interest in im peachment was prescient. The book became enormously signifi cant when, almost seven years after its publication, the House of Representatives impeached President William Jefferson Clinton for perjury and obstruction of justice on December 19, 1998, and in January and February of 1999, the United States Senate con ducted an impeachment trial of President Clinton with none other than Chief Justice William Rehnquist presiding. -
Old Bacon Face
The Judge’s Lawyer In successfully defending the ate tries him or her, with a two-thirds vote irascible Supreme Court Justice needed to convict—has run its full course only 18 times. Three of the 18 have been Samuel Chase—aka “Old Bacon especially momentous cases: those of two Face”—against impeachment, presidents, Andrew Johnson (1868) and Joseph Hopkinson C1786 G1789 William Jefferson Clinton (1998-99), and that of a Supreme Court justice, Samuel helped set a high bar for removal Chase (1805). from office and establish the Graduates of the University of Pennsyl- principle of judicial independence. vania have figured in two of those three blockbusters. The Clinton impeachment By Dennis Drabelle featured Pennsylvania Senator Arlen Specter C’51 breaking ranks with most of his Republican colleagues to vote against of this writing (February 9, 2018), conviction. Important as the fate of a Samuel Chase the Impeach-O-Meter—Slate particular president may be, however, magazine’s self-styled “wildly Perhaps the most remarkable thing even more was at stake in the Chase case: As subjective and speculative daily about impeachment is how seldom it the separation of powers. The phalanx of estimate” of the likelihood that Presi- happens. Common sense and the law of attorneys representing the embattled dent Donald Trump W’68 won’t get to averages suggest that hundreds of federal jurist included Joseph Hopkinson C1786 serve out his term—stands at 45 per- officials have abused their power or G1789, to whom was entrusted a crucial cent. That’s actually a pretty good num- betrayed the public’s trust over the years. -
High Court of Congress: Impeachment Trials, 1797-1936 William F
College of William & Mary Law School William & Mary Law School Scholarship Repository Popular Media Faculty and Deans 1974 High Court of Congress: Impeachment Trials, 1797-1936 William F. Swindler William & Mary Law School Repository Citation Swindler, William F., "High Court of Congress: Impeachment Trials, 1797-1936" (1974). Popular Media. 267. https://scholarship.law.wm.edu/popular_media/267 Copyright c 1974 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/popular_media High Court of Congress: Impeachment Trials, 1797-1936 by William F. Swindler Twelve "civil officers" of the United States have tacle, appear to have rested more on objective (and been subjected to trials on impeachment articles perhaps quasi-indictable) charges. in the Senate. Both colorful and colorless figures The history of impeachment as a tool in the struggle have suffered through these trials, and the nation's for parliamentary supremacy in Great Britain and the fabric has been tested by some of the trials. History understanding of it at the time of the first state constitu- shows that impeachment trials have moved from tions and the Federal Convention of 1787 have been barely disguised political vendettas to quasi-judicial admirably researched by a leading constitutional his- proceedings bearing the trappings of legal trials. torian, Raoul Berger, in his book published last year, Impeachment: Some Constitutional Problems. Like Americans, Englishmen once, but only once, carried the political attack to; the head of state himself. In that encounter Charles I lost his case as well as his head. The decline in the quality of government under the Com- monwealth thereafter, like the inglorious record of MPEACHMENT-what Alexander Hamilton called American government under the Reconstruction Con- "the grand inquest of the nation"-has reached the gresses, may have had an ultimately beneficial effect. -
Not the King's Bench Edward A
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2003 Not the King's Bench Edward A. Hartnett Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Hartnett, Edward A., "Not the King's Bench" (2003). Constitutional Commentary. 303. https://scholarship.law.umn.edu/concomm/303 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. NOT THE KING'S BENCH Edward A. Hartnett* Speaking at a public birthday party for an icon, even if the honoree is one or two hundred years old, can be a surprisingly tricky business. Short of turning the party into a roast, it seems rude to criticize the birthday boy too harshly. On the other hand, it is at least as important to avoid unwarranted and exaggerated praise.1 The difficult task, then, is to try to say something re motely new or interesting while navigating that strait. The conference organizers did make it easier for me in one respect: My assignment does not involve those ideas for which Marbury is invoked as an icon. It is for others to wrestle in well worn trenches with exalted arguments about judicial review and its overgrown descendent judicial supremacy, while trying to avoid unseemly criticism or fawning praise. I, on the other hand, am to address more technical issues involving section 13 of the Judiciary Act of 1789 and its provision granting the Supreme Court the power to issue writs of mandamus. -
Impeachment As Judicial Selection?
William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 3 Article 3 March 2010 Impeachment as Judicial Selection? Tuan Samahon Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Courts Commons, and the Judges Commons Repository Citation Tuan Samahon, Impeachment as Judicial Selection?, 18 Wm. & Mary Bill Rts. J. 595 (2010), https://scholarship.law.wm.edu/wmborj/vol18/iss3/3 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj IMPEACHMENT AS JUDICIAL SELECTION? Tuan Samahon* Ideological judicial selection encompasses more than the affirmative nominating, confirming, and appointing of judges who pre-commit to particular legal interpretations and constructions of constitutional text. It may also include deselection by way of im- peachment and removal (or at least its threat) of judges subscribing to interpretations and constructions of the Constitution that one disapproves. This negative tactic may be particularly effective when deployed against judges on closely divided collegial courts, such as the U.S. Supreme Court and the U.S. courts of appeals, where per- sonnel determine voting majorities and, in turn, majorities determine case outcomes. The Pickering-Chase, Fortas-Douglas, and Christian Coalition impeachments and threats of impeachment illustrate that the use or threat of this tactic is more common than might be supposed. Indeed, recent calls for the removal of Circuit Judge Jay Bybee demonstrate the continuing allure of impeachment as judicial selection. This Article examines the phenomenon of impeachment as judicial selection through Professors Tushnet’s and Balkin’s framework of “constitutional hardball.” In the case of impeachment as judicial selection, Congress plays constitutional hardball by claiming that it is an appropriate tool for political control and a fraternal twin to the modern appointments process. -
Albemarle County in Virginia
^^m ITD ^ ^/-^7^ Digitized by tine Internet Archive in 2008 with funding from IVIicrosoft Corporation http://www.arGhive.org/details/albemarlecountyiOOwood ALBEMARLE COUNTY IN VIIIGIMIA Giving some account of wHat it -was by nature, of \srHat it was made by man, and of some of tbe men wHo made it. By Rev. Edgar Woods " It is a solemn and to\acKing reflection, perpetually recurring. oy tHe -weaKness and insignificance of man, tHat -wKile His generations pass a-way into oblivion, -with all tKeir toils and ambitions, nature Holds on Her unvarying course, and pours out Her streams and rene-ws Her forests -witH undecaying activity, regardless of tHe fate of Her proud and perisHable Sovereign.**—^e/frey. E.NEW YORK .Lie LIBRARY rs526390 Copyright 1901 by Edgar Woods. • -• THE MicHiE Company, Printers, Charlottesville, Va. 1901. PREFACE. An examination of the records of the county for some in- formation, awakened curiosity in regard to its early settle- ment, and gradually led to a more extensive search. The fruits of this labor, it was thought, might be worthy of notice, and productive of pleasure, on a wider scale. There is a strong desire in most men to know who were their forefathers, whence they came, where they lived, and how they were occupied during their earthly sojourn. This desire is natural, apart from the requirements of business, or the promptings of vanity. The same inquisitiveness is felt in regard to places. Who first entered the farms that checker the surrounding landscape, cut down the forests that once covered it, and built the habitations scattered over its bosom? With the young, who are absorbed in the engagements of the present and the hopes of the future, this feeling may not act with much energy ; but as they advance in life, their thoughts turn back with growing persistency to the past, and they begin to start questions which perhaps there is no means of answering. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
Samuel Chase: in Defense of the Rule of Law and Against the Jeffersonians Stephen B
Vanderbilt Law Review Volume 62 | Issue 2 Article 2 3-2009 Samuel Chase: In Defense of the Rule of Law and Against the Jeffersonians Stephen B. Presser Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Law Commons Recommended Citation Stephen B. Presser, Samuel Chase: In Defense of the Rule of Law and Against the Jeffersonians, 62 Vanderbilt Law Review 349 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss2/2 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Samuel Chase: In Defense of the Rule of Law and Against the Jeffersonians Stephen B. Presser* IN TROD U CTIO N ............................................................................... 349 I. THE TRIAL OF THOMAS COOPER .......................................... 351 II. THE TRIAL OF FRIES ............................................................ 352 III. THE TRIAL OF CALLENDER .................................................. 356 IV. THE BALTIMORE GRAND JURY CHARGE ............................... 363 V. PRINCIPLES OF CHASE'S JURISPRUDENCE AND HIS QUALITIES AS A JUDGE ................................................. 366 C O N CLU SIO N ................................................................................... 36 9 INTRODUCTION Samuel Chase is not exactly unknown. Indeed, as the only U.S. Supreme Court Justice to be impeached, he achieved a sort of instant fame, or instant infamy. He is, I think, fairly characterized as a "neglected Justice," however, because, in our exclusive focus on his impeachment, we tend to forget that he did possess considerable intelligence, virtue, legal ability, and energy that make him worth our study. -
Chapter LXXII. the IMPEACHMENT and TRIAL of SAMUEL CHASE
Chapter LXXII. THE IMPEACHMENT AND TRIAL OF SAMUEL CHASE. 1. Preliminary investigation as to Judges Chase and Peters. Sections 2342, 2343. 2. Preparation of articles. Section 2344. 3. Appointment of managers. Section 2345. 4. Articles and their presentation. Section 2346. 5. Writ of summons. Section 2347. 6. Rules of the trial. Section 2348. 7. Appearance and answer of respondent. Sections 2849–2351. 8. Replication of the House. Section 2352. 9. Presentation of testimony. Sections 2353–2354. 10. Order of final arguments. Section 2355. 11. Arguments as to nature of impeachment. Sections 2356—2362. 12. Final judgment. Section 2363. 2342. The impeachment and trial of Samuel Chase, associate justice of the Supreme Court of the United States, in 1804. The investigation of the conduct of Richard Peters, United States dis- trict judge for Pennsylvania, in 1804. The impeachment of Mr. Justice Chase was set in motion on the responsibility of one Member of the House, sustained by the statement of another Member. In the case of Mr. Justice Chase the House, after long debate and a review of precedents, decided to order investigation, although Members could give only hearsay evidence as to the facts. English precedents reviewed in the Chase case on the question of ordering an investigation on the strength of common rumor. The House declined to state by way of preamble its reason for inves- tigating the conduct of Mr. Justice Chase and Judge Peters. Form of resolution authorizing the Chase and Peters investigation in 1804. Two of the seven Members of the committee for the Chase investigation were from the number opposing the investigation. -
Calder V. Bull, Interpreting the Constitution As a Social Compact; Or a Sequel to Jean Jacques Burlamaqui and the Theory of Social Contract (I)
Calder v. Bull, interpreting the Constitution as a social compact; or a sequel to Jean Jacques Burlamaqui and the theory of social contract (I) Raúl Pérez Johnston INDEX: I. INTRODUCTION.- II. CALDER V. BULL AND THE IDEA OF INTERPRETING THE CONSTITUTION AS A SOCIAL COMPACT: CHASE’S OPINION.- III. WHAT DID SAMUEL CHASE MEAN BY THE “FIRST GREAT PRINCIPLES OF THE SOCIAL COMPACT”? DEFINITION OF SOCIAL COMPACT ACCORDING TO CHASE’S PROBABLE VIEW ON THE MATTER.- 3.1. Samuel Chase’s background.- 3.2. The Declaration of Independence and Samuel Chase.- 3.3. The Declaration of Independence, Thomas Jefferson, the pursuit of happiness and Jean Jacques Burlamaqui.- 3.4. Burlamaqui’s theory of several compacts. 3.5. The declaration of independence as the first social compact (foundation of the nation) and the constitution as the second (foundation of government).- 3.6. Both documents cannot be separated but are interlinked (the Declaration of Independence frames the Constitution).- 3.7. Consequently, the Constitution ought to be interpreted through the principles of the Declaration of Independence, which gives substantive content to the Constitution. Abstract: Calder v. Bull turns to be the vehicle to link the social contract theory of Jean Jacques Burlamaqui with the American Constitution. After analyzing the thought of Samuel Chase and the framers of the Declaration of Independence, we conclude that the pursuit of happiness ought to be seen as a principle of interpretation of a Constitution that is not an isolated document, but part of a larger compact that integrates not only negative liberties but also social rights. Resumen: Calder v. -
Historical Documentation of the Site of Venture Richmond's Proposed
"Richmond, from the hill above the waterworks"; engraved by W.J. Bennett from a painting by G. Cooke; Published by Lewis P. Clover (New York) c. 1843 Historical Documentation of the Site of Venture Richmond’s Proposed Amphitheater By, Charles Pool For the Oregon Hill Home Improvement Council, Inc. Date: September 2013 1 Table of Contents: Introduction ………………………………..………………………………………………………………Page 3 The historic site …………………………………………………………………………………………..Page 6 Venture Richmond’s amphitheater proposal ………….…………………………………Page 10 Canal tow path historically 30 feet wide at this site ………..…………………………Page 13 Canal water elevation at 83 feet from 1840 ……………………………..……………….Page 19 Tow path at least two feet above water level in canal ……………..……………….Page 24 Canal 60 feet wide from 1838 ……………..……………………………………………………Page 27 Canal is a carefully engineered, impermeable structure …………………….……..Page 32 Sacrifice of slaves and immigrants ……………………………..……………………………..Page 36 Archaeological resources on the proposed amphitheater site ………………..…Page 38 Railroad tracks connecting Tredegar with Belle Isle ……………….………………….Page 44 Tredegar wall (anticipatory demolition?) ……………….………………………………..Page 49 Oregon Hill associations with the canal ………….………………………………………..Page 51 Zoning considerations ……………………………………………………………………………….Page 55 Plans for re-watering the James River and Kanawha Canal ……………………….Page 57 Alternative site for Venture Richmond’s largest stage ……………………………….Page 59 Summary …………………………………………………………………………………………………..Page 60 2 (Figure 1.) View of Richmond from Hollywood Cemetery, (detail) 1854 (Source: Library of Virginia) The James River and Kanawha Canal provided vital transportation and water power for the development of Richmond. Introduction: It has been said that Richmond possesses such an embarrassment of historical riches that they are not fully appreciated. This is the case with the James River and Kanawha Canal, which is of profound importance nationally as one of the first canals in the nation with locks. -
The Ironies of Marbury V. Madison and John Marshall's Judicial Statesmanship, 37 J
UIC Law Review Volume 37 Issue 2 Article 4 Winter 2004 The Ironies of Marbury v. Madison and John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004) Samuel R. Olken John Marshall Law School, [email protected] Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Judges Commons, and the Legal History Commons Recommended Citation Samuel R. Olken, The Ironies of Marbury v. Madison and John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004) https://repository.law.uic.edu/lawreview/vol37/iss2/4 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. THE IRONIES OF MARBURY v. MADISON AND JOHN MARSHALL'S JUDICIAL STATESMANSHIP SAMUEL R. OLKEN* "It is emphatically the province and the duty of the judicial department to say what the law is."1 I. INTRODUCTION Over the course of the last century, Marbury v. Madison' has played a prominent role in the debate over the legitimacy of judicial review in our constitutional system.3 Hailed by some for its conscious distinction between law and politics4 and graceful expression of the constitutional limits of governmental authority,5 others criticize Marbury for its syllogistic legal reasoning' and flawed constitutional interpretation.7 Accordingly, Marbury has become a flash point of sorts in constitutional discourse, its observations about the role of the Court,' an independent federal .