Название: The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815
Автор: Beveridge Albert Jeremiah
Издательство: Public Domain
Жанр: Биографии и Мемуары
isbn:
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427
Jefferson to Ritchie, Dec. 25, 1820,
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For instance, in 1808, the United States District Court of Massachusetts, in the decision of a case requiring all possible precedents like that of Marbury
Marshall's opinion in Marbury
A year later Marshall's opinion in Marbury
Rodney wrote to the President a letter of earnest protest, pointing out the fact that the court's action in the Gilchrist case was in direct antagonism to the opinion in Marbury
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Giles was appointed Senator August 11, 1804, by the Governor to fill the unexpired term of Abraham Venable who resigned in order that Giles might be sent to the Senate. In December the Legislature elected him for the full term. Upon taking his seat Giles immediately became the Republican leader of the Senate. (See Anderson, 93.)
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Dec. 21, 1804,
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Dec. 21, 1804.
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Plumer, 274-75; and see especially Plumer, Jan. 5, 1804, "Congress," Plumer MSS. Lib. Cong.
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The powerful Republican organ, the
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"Mr. Giles from Virginia … is the Ministerial leader in the Senate." (Plumer to Thompson, Dec. 23, 1804, Plumer MSS. Lib. Cong.)
"I considered Mr. Giles as the ablest
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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 Associate Justice.
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It is impossible to put too much emphasis on Giles's avowal. His statement is the key to the Chase impeachment.
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Adams to his father, March 8, 1805,
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Pickering to Lyman, Feb. 11, 1804,
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Plumer to Mason, Jan. 14, 1803, Plumer MSS. Lib. Cong.
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Bayard to Bassett, Feb. 12, 1802,
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Channing:
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Smith to Plumer, Feb. 11, 1804, Plumer MSS. Lib. Cong.
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See
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2 Cranch, 358-405.
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See vol. ii, 481-82, of this work.
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See vol. ii, 71-74, of this work.
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Fifteen years passed before a critical occasion called for another assertion 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
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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, asserted that it was their exclusive province to decide upon the constitutionality of laws, and stoutly maintained that no judge could be impeached except for an offense for which he also could be indicted. (
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The petition 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. (
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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 ship Eliza, and suggested that "the Constitution has confided [to the House] a power of instituting proceedings of redress." (
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.
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Depositions of Samuel Tenney, Ammi R. Cutter, Joshua Brackett, Edward St. Loe Livermore. (
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Testimony of John S. Sherburne, Thomas Chadbourne, and Jonathan Steele. (
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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
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Plumer, Jan. 5, 1804, "Congress," Plumer MSS. Lib. Cong.
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"This," records Adams, "had evidently been settled … out of court. And this is the way in which these men administer justice." (
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"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." СКАЧАТЬ