History as Mirror

[SleeplessinSoCal]

36th ballot. That's what it took for Jefferson to dispense with John Adams and defeat Aaron Burr.

'Don't know much about history', but got all caught up in "John Adams" on HBO yesterday. The political fights all the way through were full of animus and seemed so relevant to today. No doubt throughout the history of every nation on the earth. It does help to put the frustrations of life today in perspective by examining these figures.

Alexander Hamilton and Aaron Burr. Both strong advocates. Burr possibly more of an opportunist. Bitter enemies. Hamilton was far too powerful for a man without the actual authority. Burr kills Hamilton in 1804 in an illegal duel. In 1805 Burr leads an impeachment process of the Chief Justice (and signatory of the Declaration of Independence) Samuel Chase, MD for being too political.

Impeachment

President Thomas Jefferson, alarmed at the seizure of power by the judiciary through the claim of exclusive judicial review, led his party's efforts to remove the Federalists from the bench. His allies in Congress had, shortly after his inauguration, repealed the Judiciary Act of 1801, abolishing the lower courts created by the legislation and terminating their Federalist judges despite lifetime appointments; Chase, two years after the repeal in May 1803, had denounced it in his charge to a Baltimore grand jury, saying that it would "take away all security for property and personal liberty, and our Republican constitution will sink into a mobocracy[.]"[8] Jefferson saw the attack as indubitable bad behavior and an opportunity to reduce the Federalist influence on the judiciary by impeaching Chase, launching the process from the White House when he wrote to Congressman Joseph Hopper Nicholson of Maryland asking: "Ought the seditious and official attack [by Chase] on the principles of our Constitution . . .to go unpunished?"[9]

Virginia Congressman John Randolph of Roanoke took up the challenge and took charge of the impeachment. The House of Representatives served Chase with eight articles of impeachment in late 1804, one of which involved Chase's handling of the trial of John Fries. Two more focused on his conduct in the political libel trial of James Callender. Four articles focused on procedural errors made during Chase's adjudication of various matters, and an eighth was directed at his “intemperate and inflammatory … peculiarly indecent and unbecoming … highly unwarrantable … highly indecent” remarks while "charging" or authorizing a Baltimore grand jury. The Jeffersonian Republicans-controlled United States Senate began the impeachment trial of Chase in early 1805, with Vice President Aaron Burr presiding and Randolph leading the prosecution.

All the counts involved Chase's work as a trial judge in lower circuit courts. (In that era, Supreme Court justices had the added duty of serving as individuals on circuit courts, a practice that was ended in the late 19th century.) The heart of the allegations was that political bias had led Chase to treat defendants and their counsel in a blatantly unfair manner. Chase's defense lawyers called the prosecution a political effort by his Republican enemies. In answer to the articles of impeachment, Chase argued that all of his actions had been motivated by adherence to precedent, judicial duty to restrain advocates from improper statements of law, and considerations of judicial efficiency.

The Senate voted to acquit Chase of all charges on March 1, 1805. He is the only U.S. Supreme Court justice to have been impeached.

Poor John Adams fighting Hamilton and Jefferson in 1800. Hamilton wielding the power of the Federalists of which Adams was the figurehead. Jefferson (whom I always thought to be a states rights / Democrat, was a Democratic Republican. What was that compared to Federalists? And why then did Lincoln get the credit for creating the Republican Party? What became of the Federalists? Other than the Federalist Society for which Chief Justice John Roberts is the figurehead? Just curious . . .

I'm thinking Hamilton got what he deserved, even though he is lauded in song and history books.