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INDEX

Acts of Congress: Act of
March 23, 1792, with re-
spect to invalid pensions,
39; judiciary act of 1789,
51; judiciary act of 1801,
53; repeal of judiciary
act of 1801, 61-76; at-
tempt to repeal 25th sec-
tion, judiciary act of
1789, 138; act of April
10, 1869, granting pen-
sions for disability, 190.
Adams, John: condemns

subjection of judiciary to
crown, 3; makes partisan
appointments to judiciary
in 1801, 55-57; demands
power of impeachment in
colonial legislatures, 101.
Adams, John Quincy: de-
scribes trial of Pickering,
117; dissents from vote to
remove Massachusetts
judges, 127.

Addison, Alexander: makes
partisan charges to juries,
46; impeached and re-
moved, 111.

Age limits: in New York
constitution, 4; unpopu-

larity of, 186; proposed
for federal judges, 192.
Arizona legislature: peti-
tions for abolition of com-
merce court, 86.
Ashley, James M.: proposes
age limits for federal
judges, 188.

Archbald, Robert W.; ap-

pointed to commerce
court, 145; charges
against, 145-147; articles
of impeachment against,
149-152;
conviction of,
152.

Bacon, Augustus O.: in de-
bate on abolition of com-
merce court, 93.
Bassett, Richard: appointed
to circuit court, 56.
Bayard, James A.: de-

nounces repeal of judi-
ciary act of 1801, 76.
Bayard v. Singleton, case of,
19-20.

Blackstone, Sir William:

tenth rule for construing
statutes, 14; theory of
Parliamentary supremacy,

195.

Board of Trade: recom-
mends change in tenure of
colonial judges, 2.
Borah, William E.: in de-
bate on abolition of com-
merce court, 91.
Bradbury, Theophilus: re-
moved on address, 128.
Breckinridge, John: moves
repeal of judiciary act of
1801, 66; denies doctrine
of judicial review, 71.
Buchanan, James: quoted,
142.

Butler, Pierce: opposes
creation of inferior
courts, 35; opposes ju-
diciary act of 1789, 51.

Chase,

Associate Justice:
impeachment and acquit-
tal of, 120-123.
Commerce court: established,
78; charges against judges
of, 79; jurisdiction of, 82-
83; attempts to enlarge
its jurisdiction, 84-86;
movement to abolish, 88-
94.

Congress: empowered to es-
tablish inferior courts,
36; passes act to regulate
claims to invalid pen-
sions, 39; creates circuit
courts, 47-48, 53-55; es-

tablishes inferior courts,
51-53; repeals judiciary
act of 1801, 66-76; abol-
ishes commerce court, 79-
94; power of, over in-
ferior courts, 98-100; pro-
vides pensions for dis-
abled judges, 190.
Contempt of court: defined
in Pennsylvania, 113.
Council of Appointment:
selects New York judges,
5; advised by the legisla-
ture, 15.
Council of Censors: adopted
in Pennsylvania, 7; copied
in Vermont, 7; recom-
mendations of, in Penn-
sylvania, 9.

Council of Revision: adopted
in New York, 7; rejected
by federal convention, 24.

Davis, Woodbury: removed
from office, 133.
Declaration of Independ-
ence: quoted, 2.
Dickinson, John: proposes
removal of judges on ad-
dress in federal conven-
tion, 29.

Dodd, Walter F.: quoted,

199.

"Due process of law":
meaning of, 200-201.

Eastman, Nehemiah:

pro-
poses age limits for fed-
eral judges, 188.
Ellsworth, Oliver: succeeds

John Jay as Chief Jus-
tice, 47; denounces Re-
publicans, 47.
Employers' Liability Cases,
197.

Executive appointment: in
early State constitutions,
5; advocated in federal
convention, 31; denounced
in Maryland constitutional
convention, 176; sup-
planted by popular elec-
tion, 181 ff.; criticism of,
210 ff.

Federal

convention: Ran-
dolph's plan of govern-
ment, 22; the New Jersey
plan, 23; rejects Coun-
cil of Revision, 24; atti-
tude of, towards judicial
review, 25-27; gives fed-
eral judiciary power to
negative State laws, 27-
29; grants federal judges
tenure during good be-
havior, 29-30; debate in,
on selection of judges, 31-
33; debate in, on estab-
lishment of inferior courts,
34-36; adopts impeach-

ment procedure, 103-107.
Ford, Henry Jones: quoted,
46-47.

Fourteenth Amendment: in-
fluence of, on judicial re-
view, 201.

Genêt, Edmund: in contro-
versy with Washington,

43.

George III: alters tenure of
colonial judges, 2; grants
salaries to judges, 3.
Gerry, Elbridge: defends ju-
dicial review, 25; denies
power of Congress to con-
strue laws, 38.

Giles, William B.: urges re-
peal of judiciary act of
1801, 58-59; theory of
judicial tenure, 73; theory
of impeachments, 120-
122; in Virginia conven-
tion of 1830, 170; urges
legislative control of
courts, 170.

Goddard, Calvin: distin-

guishes between power to
abolish an office and re-
moval of the incumbent,
75.

Good behavior: established
by Long Parliament, 2;
granted colonial judges,
2; adopted in early State

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Haines, Charles G.: quoted,
201.
Hamilton,

Alexander:

praises the federal judi-
cial system, 36; expounds
doctrine of judicial re-
view, 37-38; view of im-
peachments, 106, 119; con-
demns popular election of
judges, 212.

Harrison, Nathaniel: re-
moved on address, 131-
132.

Hayburn's Case, 40-41.
High crimes and misde-
meanors: inserted in im-
peachment clause, 104;
meaning of, 105-106; as
construed in Chase im-

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Impeachment: denied colo-
nial legislatures, 101; pro-
vided in Pennsylvania,
101; adopted by federal
convention, 103-107;
judges in Hayburn's case
threatened with, 108; Jef-
ferson's criticism of, 109-
110; of Judge Addison,
111; of Pennsylvania
judges, 112; of Ohio
judges, 113; of Judge
Pickering, 116-119; of
Associate Justice Chase,
120-123; theory of, in
Massachusetts, 126-127;
substitutes for, 140-141;
weaknesses of, 142-143; of
Judge Humphreys, 143;
of Judge Archbald, 144-
153; proposed modifica-

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