to a decision. The impeaching party dreaded the alternative to which the proof of insanity must force them,—of saying either that an insane man was responsible, or that a man mentally irresponsible might still be guilty of "high crimes and misdemeanors" for purposes of impeachment. Senator Jackson of Georgia, who had always the merit of speaking with candor, avowed the fear that presently Judge Chase's friends would come and pretend that he too was mad;[1] but he could not, even with Breckinridge's help, carry his point. The Northern democrats flinched. Six of them and three Southern senators voted with the Federalists, and admitted Harper in his volunteer character.
Harper put in his testimony, which was decisive in regard to the insanity; but when he rose to do so, the managers retired, saying that they considered themselves under no obligation to discuss a preliminary question raised by an unauthorized third party. The Senate went on with its session. The managers were obliged to maintain that insanity was no bar to impeachment, and the Northern democrats were forced to accept the doctrine.[2]
This view of impeachment, so far as concerned the judiciary, had strong arguments in its favor. Although the Constitution made judges' tenure of
