its extremest expression by Jefferson's henchman, Senator Giles of
Virginia, as follows: "Impeachment is nothing more than an enquiry, by
the two Houses of Congress, whether the office of any public man might
not be better filled by another. * * * The power of impeachment was
given without limitation to the House of Representatives; and the power
of trying impeachments was given equally without limitation to the
Senate; * * * A trial and removal of a judge upon impeachment need not
imply any criminality or corruption in him. * * * [but] was nothing more
than a declaration of Congress to this effect: You hold dangerous
opinions, and if you are suffered to carry them into effect you will
work the destruction of the nation. _We want your offices_, for the
purpose of giving them to men who will fill them better."[483] To this
theory Chase's counsel opposed the proposition that "high crimes and
misdemeanors" meant offenses indictable at common law; and Chase's
acquittal went far to affix this reading to the phrase till after the
War between the States.

THE JOHNSON IMPEACHMENT

But with the impeachment of President Johnson in 1867 for "high crimes
and misdemeanors," the controversy was revived. Representative Bingham,
leader of the House Managers of the impeachment, defined an impeachable
offense as follows: "An impeachable high crime or misdemeanor is one in
its nature or consequences subversive of some fundamental or essential
principle of government or highly prejudicial to the public interest,
and this may consist of a violation of the Constitution, of law, of an
official oath, or of duty, by an act committed or omitted, or, without
violating a positive law, by the abuse of discretionary powers from
improper motives or for an improper purpose."[484] Former Justice
Benjamin R. Curtis stated the position of the defense in these words:
"My first position is, that when the Constitution speaks of 'treason,
bribery, and other high crimes and misdemeanors,' it refers to, and
includes only, high criminal offences against the United States, made so
by some law of the United States existing when the acts complained of
were done, and I say that this is plainly to be inferred from each and
every provision of the Constitution on the subject of impeachment."[485]

LATER IMPEACHMENTS

With Johnson's acquittal, the narrow view of "high crimes and
misdemeanors" appeared again to win out. Two successful impeachments of
lower fed