Grand inquests: the historic impeachments of Justice Samuel Chase and President Andrew Johnson.

Item

Title
Grand inquests: the historic impeachments of Justice Samuel Chase and President Andrew Johnson.
Description
Dramatic accounts of the Supreme Court impeachments of Justice Samuel Chase and President Andrew Johnson.
Identifier
2481768
688051421
Creator
Rehnquist, William H
Format
1st ed.
Source
Brian Lamb Booknotes Collection
Gift of Brian Lamb, 2011.
Catalog record
Language
eng
Date
1992
Program air date: July 5, 1992.
Publisher
Morrow
George Mason University. Libraries. Special Collections & Archives
Text

Transcription of Annotations
Notes on front endpapers: Are you aware of how who come before the court appear? What would you have been in 1788--Federalist or anti-federalist? Last question period--Hamilton-p. 34. Wash/Ham vs. Jeff/Mad. p 39. How many federal judges have been impeached and removed from office? p. 119. Early days of the Court--what was it like? How much stature? 56 Senators at time of impeachment trial. 11 Articles of Impeachment. Page 108--no media interviews in 1805. Pg. 68 TV in court. Oral argument--time limit, p. 70-71 vs. Britain House of Lords, Australia, Canada. Ridicule of lawyers by a judge, p. 83-84. Notes on half-title: Judge's freedom unique to this country, p. 124. C.J. on Chase, p. 88. Judges shouldn't ridicule lawyers, p. 83. Alien and Sedition Acts, 47. Hamilton and Jefferson p. 39 and 40. Constitution--Article I--legislative power to Congress; Article II--executive power to the president; Article III--federal courts. Framers concerned about possible legislative branch bullying. Congress forbidden to diminish compensation of president/judges during their terms. Impeachment, to deal with malfeasance. 1804 impeachment of Justice Samuel Chase and 1868 impeachment of President Andrew Johnson. If Chase had been convicted, independence of president could have been jeopardized. Lectures at 3 schools. Chase trial, 4 Feb. 1805--34 senators--2 from each of the 13 original states, two each from newer states of Vermont, Tennessee, Kentucky, Ohio. Small enclosure for Jefferson's cabinet. Spectators drawn because of drama--and not much other entertainment. Both Jefferson and Burr received 73 electoral votes. Aaron Burr presided over Chase trial. Appearance of the House of Lords. Burr, fugitive from justice. 1791-1797 US Senator from NY. Burr challenged Hamilton to a duel--11 July 1804, New Jersey heights opposite New York City--shot, mortally wounded Hamilton. Chase 64 at time of trial. After trial, Burr disappeared for two years, tried for treason by John Marshall sitting as a circuit judge in Richmond, VA. Hamilton a patriot, Burr an opportunist. History has not been kind to Burr. Samuel Chase--"Old Bacon Face"--hearty, gruff, sarcastic--better a dinner companion than judge. Chase delayed Supreme Court session by remaining in MD to campaign for Adams. Chase chose Luther Martin as his counsel--8 counts. Martin one of the greatest lawyers in American history--delegate to Constitutional Convention. "Lawyer Brandy Bottle."Leader for House managers in support of charges--John Randolph of Roanoke. Senate of 1805 not a distinguished body. Three important counts--conduct during trials of John Fries and James Callender, charges to Baltimore grand jury. 9 of 13 states required to ratify before Constitution would go into effect. June 1788, New Hampshire= 9th state to ratify. VA ratified in June 1788. Federalist outstanding single American contribution to political philosophy. Thomas Jefferson--Washington's secretary of state, wartime governor of Virginia, fled Richmond when British under Benedict Arnold captured city. Did not return from France until March, 1790. Alexander Hamilton, Washington's secretary of the Treasury, age 32. 1790 Hamilton required to make written rather than oral report to congress. Lost question period. Issue of debt--first break between Hamilton and James Madison. Report proposed national assumption of all state government debt. Bank Bill. Protective tariffs. presidential election of 1792. Washington/Hamilton=Federalists--aristocracy of talent/wealth, string central government, Great Britain vs. France. Jefferson/Madison--Democratic-Republicans--democracy, states' rights, France over Great Britain. Hamilton's vision of nation flawed--little sympathy with government of people. Jefferson--government to preserve order, collect taxes to sustain government, leave people alone. Jay Treaty--Federalists disappointed, Republicans outraged. 1796, John Adams won presidency by narrow margin. Talleyrand--X, Y, Z affair. Sent as envoys to Frances neither John Jay, nor Oliver Ellsworth returned to Supreme Court. Alien Act--5 to 14 years of residence required for citizenship. Sedition Act--misdemeanor to speak maliciously of president, or Congress with intent to defame--bring them into contempt/disrepute. Kentucky and Virginia resolutions--question constitutionality of Alien and Sedition Acts. Federalists used Sedition Act to bring James Callender to trial--under Judge Chase. "Fries Rebellion"--protest against newly instituted taxes. Tried for treason in Philadelphia under Judge Chase. Judiciary Act of 1801 established six additional circuit courts/circuit court judgeships--Midnight Judges. Marbury v. Madison--to compel Madison to deliver commission to Marbury. Judiciary Act of 1801 Repealed. Manifest Destiny--push boundaries westward. Chase Senate trial begins 1805. Smoking--William Lewis. Before jurors called, Chase and Judge Peters made up mind--with respect to definition of treason--reduced to writing so counsel might govern themselves. What about TV in court? Long discussion of how documents/transcripts do not convey all--letter v. conversation. Originally no time limit for oral arguments. Mid 19th century--Court limited arguments to two hours, early 20th century one hour, 1970 half hour. House of Lords--no time limit. Canada first limits in 1988. Australia as of 1991 unlimited. Chase--high handed dealing with lawyers. 1973 Raol Berger--"Impeachment: The Constitutional Problem"--argued Senate should have convicted Chase, removed him from office. Rehnquist on Chase: impatient, over-bearing and at times arrogant, but not malevolent. 1964 Supreme Court opined that Sedition Act violated First Amendment--Chase would not have agreed. Unthinkable today for federal judge to opine to a jury that a controversial act of Congress was constitutional and sound. Jeffersonians strict constructionists, limited role for government--Chase's comments about Maryland politics= offensive. Fries trial, Callender trial, Delaware grand jury all 1800, charge to Baltimore jury=1803. Testimony finished February 20, 1805. Impeachment revisions of Constitution borrowed from English law. Luther Martin spoke for seven hours over two days. Closing arguments finished 26 Feb. 1805. Chase acquitted. In his diary, John Quincy Adams called the trial a part prosecution--but shows the wisdom and necessity of 2/3 concurrence provision for impeachment. No senator explained votes--no media waiting to question. No cause to think that Jefferson ever changed his mind about the desirability to impeach/convict Chase. James Madison seemed indifferent--more dethatched, calm, collected than Jefferson more of a friend to independent judiciary. Acquittal--profound impact on American judiciary. 1. Assured independence of federal judges from congressional oversight of cases; 2. Safe guarded independence of courts--impeachment for judicial opinions would not be used to remove justices. Charges stemmed from circuit court issues. Court of last resorts--Supreme Court--what it says is the law, is th law. Marbury--federal courts could declare an act of Congress invalid. Aaron Burr, indicted for treason--attempted to cause secession of southwestern states. Jury acquitted Burr. Marshall refused to yield to Republican pressure. Marshall willing to give up judicial review. To 1992, thirteen federal judges impeached, six removed from office--no charges based on judicial decisions.
Subject
"Chase, Samuel, 1741-1811--Impeachment."
"Johnson, Andrew, 1808-1875--Impeachment."
"Impeachments--United States--History."
Relation
Original Booknotes interview
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Item sets
Booknotes
Booknotes Annotations
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2481768.pdf