Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-03-11
THE OLD RECORD.
A Historical Survey OF Impeachment
In this Country.


Five trials by impeachment have been prosecuted
By the House Of Representatives before the Senate
The first was the tiial Of VIM. Blount Senator Of
| the United States in 1928. The second was TIC
| impeachment of John Pickering, Judge of the
United States Court for the District of New Hamp-
shire in 1894. The third was the trial Of Samuel
Chase, an Assistant Justice Of the Supreme Court
the United States, in Is04-5. The fourth was tile
trial Of james a. Peck, Judge OF the District Court
Of the United States for the District Of Missouri in
1881 The fifth occurred since the outbreak Of the
| civil war, and was the impeachment of West II.
Humphreys, Judge Of the District Court Of the
/ United States for the State of Tennessee
In the impeachment of Senator Blount twho had
ceased to be Senator before the trial came on), he
was accused Of intending 10 organize hostile ex-
petition in favor Of the English Government
against the Spanish possessions of Louisiana and
Florida, and of tampering with various Indian
tribes, 70 seduce them from loyalty and friendship
10 the United States. As early as July, 1897, the
House Of Representatives ordered committee 10
prepare and report articles Of impeachment, but
the ease did not come TO trial until the following
session. The trial occupied about three weeks and
Blount was defended by those eminent lawyers, A,
J. Dallas and David Ingersoll, while Chancellor
Harper and Mr.. Baysrd were managers of the pros
ecution. After elaborate argument, the case was
dismissed BY the Senate, sitting as High Court of
Impeachment, on the rather singular ground las
most constitutional lawyers now agree) that Sem
bsOE 10 1Ot civil OLlCSI O1 bu6 = ulkbu CLdl6t,
within the meaning of the Constitution, and hence
not liable to be impesched before the Senate. The
vote on the decision was yeas f. nays II, and the
question was taken on simple motion that this
court ought not to hold jurisdiction Of the said i'm
parchment, and that the said impeachment is dis
missed"
In the next case brought before the Senate, Judge
Pickering wss impeached by the House for high
crimes and misdemeanors,' without any specfca-
ticn. The Senate thereupon required written arti-
cles in due form, TO be presented by the House Of
Representatives through its managers This was
done and the trial lasted with sundry delays from
January 10 March H. 1904. The gTGraHteH of the
charge against Pickering seemed to have been gross
and Incorporate conduct, unworthy of the judicial
bench and violation Of acts Of Congress relating to
judgments In cases of admiralty Jurisdiction It
was proven that ne had appeared upon the bench
in state Of utter intoxication and INDUCED in
much vulgar profanity when there. There was lit
tie defense and not much difference of opinion since
the vote of the Senate on the question Of guilt
der the inpeaehment article stood 10 yeas to nays,
and en- the question of removing the Judge from
Office, the vote was years 40, nays s.
The FIRST great trial BY impeachment, into which
political bias appears to have very largely entered,
that of Associate Justice Chase, Of the Supreme
Court Of the United States. This took place in the
following year 20 that of Pickering, and was fully
tioilaL Iats.IigtrceT, by Thomas Lloyd and Samuel
Harrison Smith, the former being the best steno-
grapher at that day in the United States. Judge
Chase had laid himself opeh TO strong political
ennity by his very rigorous charges and conduct OF
trials under Che famous alien aud ssiitoR laws
OF Adsme Administration. In the trial OK John
Fries, at Philadelphia, he was charged with con-
duct Hnighly arbitrary oppressive and nnJost; and
in the trial Of Jeerson's friend Tom Callender at
Richmond iwho was srraigned for libel on John
Adams, President Of the United States), he was
charged with endeavoring to oppress and procure
the conviction Of the said Calender" The "whirl
igig Of time having swung round the Republican
party of that day into power its leaders bethought
them OF an opportunity to make political capital,
Whila getting Justice done on one Of the severer
specimens of the high Federal dynasty under which
they had 30 long been made to groa1. Accordingly,
on the 9TH Of January, 1904, John Randolph pro-
posed ID the House of Representatives an impeach-
rnent of an eminen. judicial character and at
the ensuing session OF Congress, in December, 1904
Randolph became the leader of the board Of man
ayers on the part Of sbe House 10 conduct the i'm
psachment The articles were nine in number, and
drawn with great care and particularly. One OF
them charged that Judge Chase had descended
from the dignity Of Judge, and stopped TO The
level Of an informer." The Honse lin which the
Republicans were in decisive majority adopted
the articles by an average vote Of eighty to thirty
five and they we're pressed before the Senate with
much zeal and ability. Many witnesses were ex-
AHMED and Judge Chase conducted bis own de-
Tense in person, assisted by Messrs. Harper Key
and others, IS counsel
The trial was opeasd January p ls05, and was
adjourned on the following day till the 4sh of Feb
ruary, for the purpose Of receiving the answer Of
the accused. Il then proceeded without important
intermisson, for three weeks and on the 10Th
of March the Senate voted on the eight specidca-
.icns or articles of impeachment ssrjGtuul On FIVE
of them 8 majority Of Senators pronounced judg-
ment of not Guilty; on two Of the remaining three,
the vote stood eighteen guilty 10 sixteen not guilty
and on the eighth article there nineteen Sen
stors who pronounced guilty, against fifteen VINO
said not guilty The President Of the Senate there
upon declared that there net being constitutional
maiority of votes fnding Samuel Chase guilty on
anv one article of impeachment, he must stand &C
Quilted Of all the articles of impeachment exhibited
BY the House of Representatives against him.
l Cincinnati Commercial.