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Editorial
October 6, 1807
The New Hampshire Gazette
Portsmouth, Rockingham County, New Hampshire
What is this article about?
Critique of Chief Justice John Marshall's biased conduct during a high treason trial, arguing that judicial independence without accountability enables tyranny, referencing the inefficacy of impeachment as shown in Judge Chase's trial.
OCR Quality
98%
Excellent
Full Text
The conduct of Judge Marshall is a handsome comment upon the independence of the Judiciary. Had he known that at the end of five or seven years, he must account for his official behavior, does any one believe he would have acted as he has done? Would he have dined with a man arraigned for High Treason and Misdemeanors? Would he have favored him on every occasion? Would he have kept the evidence of his guilt from the Jury, and sent them out when scarce a tenth part of the witnesses had been examined? Would he have permitted the accused and his counsel to lavish the foulest abuse upon the constituted authorities, their actions and motives, and to substitute party declamation for law argument? Would he have ordered a false entry to be made upon the record?--Depend upon it, this independence, this irresponsibility, will make tyrants of bad men, and bad men of good. And as to the check of Impeachment, let the trial of Judge Chase and others explain its efficacy!
[Trenton Amer.]
[Trenton Amer.]
What sub-type of article is it?
Legal Reform
Constitutional
Partisan Politics
What keywords are associated?
Judicial Independence
Accountability
Treason Trial
Impeachment
Bias
Jury Evidence
What entities or persons were involved?
Judge Marshall
Judge Chase
Editorial Details
Primary Topic
Critique Of Judicial Independence In Treason Trial
Stance / Tone
Strongly Critical Of Judge Marshall's Irresponsibility
Key Figures
Judge Marshall
Judge Chase
Key Arguments
Judicial Independence Without Accountability Enables Biased Conduct
Marshall Dined With The Accused And Favored Him
Marshall Withheld Evidence From The Jury
Marshall Allowed Abuse Of Authorities And Party Declamation
Marshall Ordered A False Record Entry
Impeachment Is An Ineffective Check, As Shown In Chase's Trial