The First Years of the Union (1797-1809)

Summary

The Attack on the Judiciary

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Summary The Attack on the Judiciary

Impeachment of federal judges was a controversial action not attempted before, or for more than 50 years after the Republicans attempted to impeach Pickering and Chase. Though the details of the two cases were very different, the questions raised by impeachment were universal. The Constitution provided for impeachment of federal judges only in cases of "Treason, Bribery, and other high Crimes and Misdemeanors." Thus the question arose of whether impeachment was the correct method to disbar federal judges who were insane or excessively partisan. Pickering was convicted, most likely more because he was clearly a hazard to his courtroom and himself than because he was guilty of high crimes and misdemeanors. Historians argue that Chase was acquitted largely due to the failure of John Randolph, a congressman, in the case's prosecution. However, other historians argue that he may have been acquitted no matter what, because moderate Republicans were increasingly skeptical of the use of impeachment as a remedy for excessive partisanship.

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