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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.

Clipping

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.]

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

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