Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1867-04-17
Impeachment and Patent De
mOGFnCX.


great deal to say about Congress for en-
tertaining measures for impeaching An
drew Johnson, and in some cases even
threaten or advise resistance by force
These disciples of Thomas Jeffers0n,n
who practice Jetferson's principles in
about the same degree that a certain name
less old fellow does christianity, in this,
as in most other cases, do not seem to
know what they are talking about, as a
few facts will show.
The first impeachment case tried by the
Senate of the United States occurred in
1904 when Mr. Jefferson came into power,
and the articles were preferred by his po-
Atlcal friends by strict party vote 81
yeas to 40 nays, against Judge Chase of
Maryland.
The material charges We're based on two
Judicial acts of Judge Chase, while hold
ing Circuit COurts-one in PENNSYLVANIA
and one i'll Virginia. The two cases in
which this delinquency was asserted were
the famous trials of John Fries, for trea-
son, and Of James Thompson Calender,
for sedition. They figure among the most
exciting topics of discussion during the
whole period of the struggle between the
Federalists and the Republicans.
The Fries case was tried in Philadel-
PIMA. In the spring of 1899 an insurrec-
ton broke out in the counties of Bucks
ana northampton, Pennsylvania, against
the execution of the laws of the United
states for assessing and collecting taxes.
John Fries was indicted as a rinGleader
(.ila of
On his first trial his counsel pleaded that
resisting by force particular law of the
united states does not amount to leyYinp
war against the United States, in the
meaning of the Constitution. The court.
composed Of Justices Iredell and Peters
ruled against them, and Fries was con-
Nlcted. n new trla! was granted on
another ground, and on the second trial
Justice Chase sat with Judge Peters On
this trial Judge Chase announced in ad-
vance, to the prisoners counsel that the
opinion OF the court was made up OH this
CONSTITUTIONAL point, and the counsel need
not argue II. The counsel retired from,
the case, and Fries was convicted without
defense. 1t Is this ruling that was de-
clared TO be so arbitrary, oppressive, and
unjust" as to demand impeachment.
The other case arose in the Circuit Court
of Virginia, under the sedition law of
John Adams.
That famous act made it misdemeanor
punishable with fine and imprisonment
lof any person to write, print utter or
publish thing intended Fto defame the
President of the United States or bring
nun INTO contempt or disrepute." Under
TINS act James Thompson Calender was
lhalCted Tor having published political
article against President Adams. under
the title of " The Prospect before us.n ON
the tral Judge Chase overruled the OBJ
Jectlon OF one of the jurors that he had
matte up his mind that the publication
was sedltiOus, and constrained him to
serve on the trial. 1t was also charged
that he had arbitrarily, and for merely
poIitical purposes, ruled out important
testimony for the prisoner.
1here was special charge of indecent
Partlzanship in his charge to grand inrv
in Maryland. July
lhese are the material points on which
the testimony was taken and on which
the argument was made.
On the 9Th OF February, 1905, the casa
came up and occupied the Senate untiI tba
1st 81 March. On that day the Judgment
OF the Senate was pronounced. each MEM
Der being in his place and answering
guilty or not guilty on each charge when
called.
Ihlrty-four senators were present. A
majority pronounced him guilty on three
OF the eight articles prepared.
Two OF these related to the ruling in
Cailender's case, and the other, the eighth
In order, related to the charge of denart-
ing from the duties and proprieties of his
station by delivering political haranpe
In the form of a charge to the grand ;nrv
of the United States Circuit Court in Raj
timore, On the charges growing out Of
the Fries ease he was acquitted. There
was not 1t vote of two-thirds on anv of the
articles, and he was accordingly pronounc-
ed TO be acquitted on all.
From this it will be seen that tbe Tef.
lerson democracy, comprising men who
haA aided in forming that Constitution
winch copperheads now prate SO much
ABOUT, lounc reason for impeaching fad-
eral Judge for what would now he consid
efed very trivial caEsts. of not one-tantb
as much Importance as many acts done h1,
Andrew johnson, as well % a npro+or =,
bis copperhead Judges.