tly the very opposite. By the state constitution judges were
removable for serious offenses by impeachment, and for lesser reasons
by the Governor upon the address of two-thirds of both branches of the
Legislature. So long, however, as the Federalists had remained in power
neither remedy had been applied; but in 1799, when the Republicans
had captured both the governorship and the Legislature, a much needed
purgation of the lower courts had forthwith begun.
Unfortunately this is a sort of reform that grows by what it feeds
upon. Having got rid of the less fit members of the local judiciary,
the Republican leaders next turned their attention to some of their
aggressive party foes on the Superior Bench. The most offensive of these
was Alexander Addison, president of one of the Courts of Common Pleas of
the State. He had started life as a Presbyterian preacher and had
found it natural to add to his normal judicial duties the business of
inculcating "sound morals and manners." * Addison had at once taken the
Alien and Sedition laws under his wing, though their enforcement did not
fall within his jurisdiction, and he found in the progress of the French
Revolution numerous texts for partisan harangues to county juries. For
some reason Addison's enemies decided to resort to impeachment rather
than to removal by address; and, as a result, in January, 1803, the
State Senate found him guilty of "misdemeanor," ordered his removal from
office, and disqualified him for judicial office in Pennsylvania. Not
long afterwards the House of Representatives granted without inquiry or
discussion a petition to impeach three members of the Supreme Court of
the State for having punished one Thomas Passmore for contempt of court
without a jury trial.
* President Dickinson of Pennsylvania wrote the Chief Justice and
judges of the Supreme Court of the Commonwealth, on October 8, 1785,
that they ought not to content themselves merely with enforcing the
law, but should also endeavor to "inculcate sound morals and manners."
"Pennsylvania Archives," vol. X, pp. 623-24.
Jefferson entered office with his mind made up that the Act of the 18th
of February should be repealed. * He lacked only a theory whereby he
could reconcile this action with the Constitution, and that was soon
forthcoming. According to the author of this theory, John Taylor of
Caroline, a budding "Doctor Irrefragabilis" of the State Rights school,
the proposed repeal raised tw
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