William Branch Giles: a Study in the Politics of Virginia And the Nation From 1790 to 1830

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Giles was chairman of the committee to draw up the rules to be observed by the Senate in the trial and during the time was in daily consultation with John Randolph.^'^^ The task to which he particularly devoted himself was that of securing the acceptance of such a theory of impeachment as would leave the door open for the easy dismissal of Chief Justice Marshall, or any other offending justice. In speeches in the Senate and in conversa- tions with the wavering he elaborated the theory that impe...ach- ment was not a trial ; the Senate was not a court ; impeachment did not rest on crime or misdemeanors committed by the ac- cused. A man whose opinions were detrimental to the interests of the country might be removed by this process. "Impeach- ment is nothing more," he said, "than an enquiry, by the two Houses of Congress whether the office of any public man might ^December 4.
»"J. Q. Adams, Memoirs, i, 318 (1804, Nov. 29).
96 William B. Giles not be better filled by another." There was, according to him,, no such thing as an independent judiciary.


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