Page:Henry Adams' History of the United States Vol. 2.djvu/163

144 have the sole power of impeachment;" and "all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." Jefferson's Message officially announced to the House the President's opinion that Judge Pickering's conduct was a misdemeanor within the reach of impeachment.

The House referred the Message to a committee of five, controlled by Joseph Nicholson and John Randolph. A fortnight later, Nicholson reported a resolution ordering the impeachment; and before the session closed, the House, by a vote of forty-five to eight, adopted his report, and sent Nicholson and Randolph to the bar of the Senate to impeach Judge Pickering of high crimes and misdemeanors. March 3, 1803, the last day of the session, the two members delivered their message.

Precisely as the House, by the President's invitation, was about to impeach Judge Pickering, the Supreme Court, through the Chief-Justice's mouth, delivered an opinion which could be regarded in no other light that as a defiance. Chief-Justice Marshall's own appointment had been one of those made by the last President between Dec. 12, 1800, and March 4, 1801, which Jefferson called an "outrage on decency," and which, except as concerned life offices, he held to be "nullities." His doctrine that all appointments made by a retiring President were