George Washington Campbell of Tennessee argued "long and tedious[ly]"[535] for the Jeffersonian idea of impeachment which he held to be "a kind of an inquest into the conduct of an officer ... and the effects that his conduct ... may have on society." He analyzed the official deeds of Chase by which "the whole community seemed shocked.... Future generations are interested in the event."[536] He spoke for parts of two days, having to suspend midway in the argument because of exhaustion.[537] Like Early, Campbell emptied the galleries and drove the members of the House, in disgust, from the floor.[538]
Joseph Hopkinson then opened for the defense. Although but thirty-four years old, his argument was not surpassed,[539] even by that of Martin--in fact, it was far more orderly and logical than that of Maryland's great attorney-general. "We appear," began Hopkinson, "for an ancient and infirm man, whose better days have been worn out in the service of that country which now degrades him." The case was "of infinite importance," truly declared the youthful attorney. "The faithful, the scrutinizing historian, ... without fear or favor" will render the final judgment. The House managers were following the British precedent in the impeachment of Warren Hastings; but that celebrated prosecution had not been instituted, as had that of Chase, on "a petty catalogue of frivolous occurrences, more calculated to excite ridicule than apprehension, but for the alleged murder of princes and plunder of empires"; yet Hastings had been acquitted.
In England only two judges had been impeached in half a century, while in the United States "seven judges have been prosecuted criminally in about two years." Could a National judge be impeached merely for "error, mistake, or indiscretion"? Absurd! Such action could be taken only for "an indictable offense." Thus Hopkinson stated the master question of the case. In a clear, closely woven argument, the youthful advocate maintained his ground.
The power of impeachment by the House was not left entirely to the "opinion, whim, or caprice" of its members, but was limited by other provisions of the fundamental law. Chase was not charged with treason, bribery, or corruption. Had any other "high crimes and misdemeanors" been proved or even stated against him? He could not be impeached for ordinary offenses, but only for "high crimes and high misdemeanors." Those were legal and technical terms, "well understood and defined in law.... A misdemeanor or a crime ... is an act committed or omitted, in violation of a _public_ law either forbidding or commanding it. By this test, let the respondent ... stand justified or condemned."