The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-07-24
qaltsce1lmen1ts.
SOME ANCIENT HISTORY OF OHIO.

As impeachment Of Judges form Q
prominent subject of public interest just
now, 1t may not be uninteresting to call
attention to few of the notable ones
which have figured in our past history
When fully examined it may be said
that all of them had their origin either
in personal or political malice and moi
the public veal. f.r3 HF
The hrst 10 that Of Samuel Chase, one
of the Associate Justices of the Supreme
Coart OF the United States, who was
charged with not permitting counsel to
argue the law to the jury, telling them
that the Court would give the jury the
law, and counsel could argue the facts to
them, and many other rulings greatly
Curtailing sthe rights Of counsel. The
preliminary proceedings occupied the
United States House of Representatives
for ten days, besides many weeks of
taking testimony upon which to base
their action.
Articles of impeachment were finally
presented to the United States Senate,
and on the I'd Of January, 1905, the trial
began before that august tribunal, and
continued from day to day without inter
mission until the lst of March, when a
vote was taken and he was acquitted of
the charges. He continued to act in his
judicial capacity until his death, at sew
enty, with learning, ability and industry.
In the Legislature of Ohio in 1909 at
tempA were made to impeach three
udges--Samuel Huntington and Judge
George Tod Gather of Governor David
Tod) of the Supreme Court, and Judge
Calvin Pease, Presiding Judge of the
Third Circnit Before the necessary
steps could be taken, Judge Huntington
was elected Governor of the State, but
proceedings were had against Judges
Pease and Tod.
Judge Pease was charged with having
decided in the Courts Of Trumbull and
Jefferson Counties that certain provis-
ions by the act of the Legislature passed
in 1905, defining the duties of Justices
of the Peace, were in conflict with the
Constitution of the United States and of
this State, and therefore void. 1t was
insisted that such decision was an as
sault upon the supremacy of the Legis-
lature which passed the act, and the pop.
ular fury against the Judge ran to very
high pitch.
Judges Huntington and Tod, of the
Supreme Court, were charged With hav-
sv,A tnsN Ind
The trial of judges Tod and Pease be-
fore the Senate each lasted several days,
and both were acquitted. The power of
Court to declare law unconstitutional
denied, doctrine which has siuce been
affirmed by Chief Justice Marshall, of
the Supreme Court of the United States
and that of nearly every State in the
Union.
But so intent were the parties bent on
their impeachment that it was voted by
the House Of Representatives by 35 yeas
against II nays, and in the Senate ON the
final trial tho vote stood l5 for conviction
and 8 for aCquittal. But the.popular YER
dict did not sustain these proceedings,
for after that Judge Huntington held the
Office Of Governor of the State for two
years.
Judge Pease was twice elected Judge
of the Supreme Court; held the position
fifteen years, was Chief Justice, and
rated as one OF the ablest men of the
State.
Judge Tod, the next year, was elected
to the Senate, and in 1915 was elected
Presiding Judge of the Third Circuit,
and served fifteen years, ably perform
ing his duties.
The trial of Judge James Fl, Peck, Uni
ted States District Judge for Missouri,
occupied many days of preliminary pro.
ceedings in the United States House of
Representatives, running through nearly
a year before articles of impeachment
were presented to the Senate. He was
charged with having disbarred for GER
tain period member of the bar who
had published articles derogatory to his
character as Judge in the ne wspapers
of st. Louis.
The Senate resolved itself into Court
of impeachment May 4, 1880, and after
occupying five days in preliminary mat
ters on the pleadings iand charges, ad'
iourned until thu next session, and re-
sumed the trial on the Goth of December
and continued it daily until the 3lst of
January, when vote was taken, resulting
in an acquittal.
In the case Of Judge Hubbell, of Nilsson
ri, the Senate resolved itself into Court
of Impeachment March %, 1858, and after
asession Of six days adjourned until June
I'd, and then sat continually, day after
day, from a. IN. till 6 p. m, with one
and half hours intermission for dinner,
until July 11th, when vote was taken,
resulting in his acquittal on every charge
This trial is said to have cost the State
over 100000.
The Ohio peachments, while not
costing SO much, were still expensive
enough.
The late movement against Judge Cox
cost the State considerable. The gravity
of the charges justified the Legislature
in making the investigation, and the
paucity Tor total want) Of evidence justi-
fed the report of the Committee that
there was nothing TO sustain the allega-