The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-11-03

carved in future out of the immense
Louisiana territory, made the purchase
matter in which the existing states
had the most vital interest. Hence IN
these two great matters-the repeal of
the judiciary law ard the purchase OF
Observation-Disclosures action contra
dicted his avowed principles in the
matters of state sovereignty and linn
tied national government.
Courts CT the lower grades might be
abolished by act of congress, but the
supreme court could not be disposed of
in such an off-hand manner, for it
came into being not at the discretion
of congress, but by express mandate Of
the constitution. 1t was thus protect
ed by the very principle which had
been used to get rid of the circuit court
ii. E.. that the power to create carries
with it the power to destroy. Accord
ingly, unless the constitution were
changed, the only way in which a SUI
preme court judge could be removed
was by impeachment. Doubtless the
Republicans would have been glad of a
good excuse to impeach John Marshall,
the great Federalist chief justice, whose
decisions steadily frightened the coil of
national supremacy around the states.
But he could not be charged with
crimes and misdemeanors, and they
were not ready 10 use the serious pro-
ical weapon. So they turned instead
upon one of his colleagues, whose
course had furnished some basis for
an attack.
Justice Chase of the supreme court
was learned and upright judge, who
discharged his duties well in ali ordi-
nary cases. But he was a violent par
tisan Federalist, and permitted his
party bias to be plainly seen when mat
tiers involving party questions came be-
fore him. He thus incurred the hatred
of the Republicans, and they set to
work to remove him by the process of
impeachment. The house appointed
managers, chief among whom was
Randolph. and upon him fell the prin-
cipal burden of conducting the prose
cution. He could not have undertaken
a task for which he was less fitted. The
occasion called for a thorough knowl
edge of law, and this Randolph did
not possess. 1t also called for good
judgment in deciding on the line of at
tack and a dignified, forcible presenta-
ton of the case, and here again he was
deficient. None of the arts of the polit-
ical stump orator, nor the powers of
invective which he used so much in
the place of argument. could serve him
now. AT the bar of the senate his au-
thority as leader OF the house awaited
him nothing. Opposed to him as coun-
sci for Chase were some of the foremost
lawyers in the country. among them
Luther Martin. the Federal bulldog
who enjoyed nothing more than expos
ing Randolph's weaknesses. 1t was
rare opportunity for the Federalist
champion to ray off old scores for his
party. Randolph's discontinue was
complete. Toward the close of the trial
he broke down, wandering aimlessly in
his talk, frequently complaining of the
-
ing himself on the pity of those whom
he had set out to instruct and con-
vince. A more humiliating position
could hardly be ina gined for man of
his imperious nature. accustomed to
rule and TO bear down without mercy
upon those who came in his way. Judge
Chase was acquitted. the attack on the
supreme court failed, and Randolph's
prestige received blow from which it
did not recover.
For the sake of Randolph's reputa-
ton it is pleasant to turn from this de.
feat to his manly contest against the
Yazoo frauds. These constituted. in
the early part of the century. a famous
political scandal in which nearly ell
the legislature of Georgia was impli-
Gated. The matter at stake was the
disposal of certain. great tracts of pub
lie land. in which il turned out that the
members of the legislature had a pc
cuniary interest. Randolph exposed the
scandal fearlessly. Into the fight
against corruption he threw himself
with fierce energy When he wished
to ruin a man politically he would
bring against him the charge of being
a 'sYazoo man. Indeed. in his bitter
hostility to everything "Yazoo. he
went too far, for he opposed. and for
a while prevented. settlement of the
matter by congress which aimed TO