156
crimes
and
misdemeanors,”
as
provided
in
Article II, Section 4 of the Constitution,
but for intemperate political criticism of
the Administration in his instructions to a
grand jury. He was acquitted after a trial
in the Senate. He is the only Justice in the
history of the Supreme Court to have been
impeached, but there is little doubt in the
minds
of
convicted
historians
a
similar
that
had
he
fate
awaited
been
Chief
Justice Marshall and his colleagues; not for
“high
crimes
and
misdemeanors,”
but
for
disagreeing with the Administration.’
Thomas Jefferson never recanted on his enmity,
and twelve years after he left the presidency he
wrote: “The judiciary of the United States is the
subtle corps of sappers and miners constantly working
underground
confederated
to
undermine
fabric.
the
They
foundations
are
of
construing
our
our
Constitution from a co-ordination of a general and
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