The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-22

IMPEACHMENT OF FEDERAL JUDGES.
An esteemed friend and close reader Of
the Journal writes to ask if IL was not mis-
taken in stating that there had been only
one case of the impeachment of q. federal
judge in our history. namely. that Of Judge
Pickering, of New Hampshire. in 1903. The
correspondent says: ION Dec. rs, 1852, Judge
West H. Humphreys. OF Tennessee. was
impeached by unanimous vote OF the United
States Senate for disloyalty." That Is true.
The Journal was aware of this case when it
made the statement referred to. but as 1t
was discussing the question Of the corrup-
ton or misconduct Of judges, and as the
case Of Judge Humphreys was purely po-
litical, 1t was not regarded in the same
class as the others. The correspondent
represents class Of readers, of whom the
Journal has a great many thousands who
are quick to discover mistakes Of any kind.
Papers which are not read by intelligent or
discriminating people, or from which ac-
curacy Of statement is not expected, can
blunder every day in the year without be-
ing called to account for it. but If the Jour-
nal takes the slightest liberty with the
facts OF history 1t gets "called down" from
all quarters. 1t is rather proud Of this dis
tinction, and it is one Of the causes Of the
Journals general inerrancy.
The impeachment of Judge Humphreys
was scarcely more than a technical pro-
ceeding, as he did not appear nor make any
defense, and his office was probably va
fba 4
the outbreak Of the civil war most Of the
United States district judges in the seced-
ing States and one justice of the Supreme
Court. James A. Campbell. Of Alabama. re-
signed. Judge Humphreys, United States
district judge of Tennessee. although he &C
copied a judgeship under the Confederate
government, did not resign his former posi-
ton. Articles of impeachment were filed
in the House charging him with melting
and aiding in rebellion against the United
States, and he was convicted by a unan-
imous vote Of the Senate.
The case of Judge Humphreys was excep-
tional in that the articles of impeachment
did not involve his personal character or
judicial integrity. the only charge being
participation In the rebellion. In one other
case. that of Judge Peck, United States dis
trict judge of Missouri the House in 1880
impeached him for alleged arbitrary con-
duct in furnishing an attorney for contempt
but the Senate by narrow vote acquitted
him. These three cases-Judge Pickering,
| 1903 for drunkenness and profanity on the
| bench, Judge Peck, in 1880, who was ac-
quilted, and Judge Humphreys, in 1852. for
| disloyalty-are all the cases Of the impeach-
ment Of federal judges in our history. Con-
sidering the large number of such judges
who have served since the formation Of the
! government the record Is highly honorable
| In his book entitled This Country of
Ours" former President Benjamin Harri-
| son says: 1.-The judges OF the United States
courts have, with rare exceptions, been
men of excellent legal ability and high
character. The bar has sometimes COM
planned that judges were arbitrary and not
always as suave and respectful in their
treatment Of the members of the bar as
they ought to be. Perhaps there has been,
In particular cases. ground for such COM
| plants, but the cases have been few" If
General Harrison knew of any particular
cases he did not cite them. Mere brusque-
ness or rudeness on the part of a judge
would not constitute ground for impeach-
ment.
In the case of United States Judge Kirk
patrick. Of New Jersey, the charges filed in
the House are more serious in what they
imply than in what they aver. but they
seem to call for an investigation.