1805.
TRIAL OF JUSTICE CHASE.
243
came to an end in a scene of total confusion and factiousness.
The failure of Chase's impeachment was a blow to the Republican party from which it never wholly recovered. Chief-Justice Marshall at length was safe; he might henceforward at his leisure fix the principles of Constitutional law. Jefferson resigned himself for the moment to Randolph's overthrow; but the momentary consolations passed away, and a lifelong disappointment remained. Fifteen years later his regret was strongly expressed:—
- "The Judiciary of the United States," mourned the old ex-President,[1] "is the subtle corps of sappers and miners constantly working underground to undermine the foundation of our confederated fabric. They are construing our Constitution from a co-ordination of a general and special government to a general and supreme one alone. . . . Having found from experience that impeachment is an impracticable thing, a mere scarecrow, they consider themselves secure for life; they skulk from responsibility; . . . an opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous, and with the silent acquiescence of lazy or timid associates, by a crafty chief-judge who sophisticates the law to his mind by the turn of his own reasoning."
The acquittal of Chase proved that impeachment was a scarecrow; but its effect on impeachment as a principle of law was less evident. No point was decided. The theory of Giles, Randolph, and Rodney
- ↑ Jefferson to Thomas Ritchie, Dec. 25, 1820; Works, vii. 192.
