New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-25

The Judiciary Committee Of the House OF Rep
resentatlves having voted 10 recommend the
impeac hment Of District Judge Charles Swayne,
Of the Northern District Of Florida the two
branches OF Congress will probably he called
upon 10 exercise, either ut this session or the
next a constitutional power which they have
invoked At rare intervals. and. as a rule. with
fruitlcSS consequences. When the makers Of
the Constitution vested the House with author
ity 20 impcach civil officers Of the United
States" for treason. bribery and other high
crimes and misdemeanors,' and the Senate with
authority to pass judgment a court on such
offenders they doubtless thought that they had
forged weapon which would be drawn on
many notable occasions. II was feared indeed.
10y some Of the critics Of the Constitution that
the power lodged I'm Congress might he used al
means Of partisan persecution and partisan
vengeance. But the machinery OF impeach-
ment has, in fact proved cumbrous and In
effective that as n political weapon its harm
lessness has long ago been demonstrated; and
corrective Of official dereliction il is so sell
dom resorted 10 that 10 most Americans an i'm
parchment trial appeals now only as a curious
political novelty.
In the 1l5 years Of our history under the Con-
Etitution but seven impeachment cases have
been tried. In 1891 William Blount, a Senator
from Tennessee. was hailed before the Senate
charged with certain reasonable misdemeanors
lie was discharged because the Senate properly
held that he was not a civil officer OF the United
States" Between 1897 and 1867 the only per-
sons against whom impeachment proceedings
were brought were United States judges. Dur
ing Jefersons first term partisan feeling ran
high against the federal bench, packed as it
was held 10 De, with Federalst appointees In
1903 a district judge John Pickering, Of the
District OF ew-Hampshire was tried for
drunkenness and other unjudicial conduct. and
was removed from office. In 1905 n Republican
Congress undertook 10 discipline Samuel Chase,
OF Maryland. an associate Justice Of the SUI
preme Court He was tried on charges OF parti-
san and arbitrary conduct but the animus be-
hind the prosecution was largely political. John
Randolph conducted the case before the Senate
and lost IT, and blamed jefferson thereafter for
not exertins sufficient pressure to secure Chase's
conviction. In 1890 a Missouri district iudge
was impeachel and acquitted. and in 1852 \
. Tennessee district judge. who had accepted Of
fec under the Confederate government. was
convicted Of treason.
The Impeachment Of President Andrew John
son was another notable effort TO disciplne n
. civil officer Of the United States" on grounds
almost wholly political. The failure OF the
case against Johnson greatly dscredlted this
method OF dealing with refractory Executive
Johnson escaped removal by a single vote Rut
OILY the extreme partisanship OF that dav made
possible so fierce and SO unfounded an assault
on the Presidential office. W. W. Belknap. Sec
rotary Of War under President Grant. was I'm
peached IN 1876. But he had resigned a foy,
hours before the articles were preferred agains,
him in the House OF Representatives. and the
fact that he was no longer n federal officer
when accused operated In the Senate to secure
his acQuttal.
OF seven Impeachment cases tried two only
have been made ont against the defendants-ope
against Judge whose relatives entered a pIes,
or Insanity in his behalf. and the other agains,
Judge who had taken a second oath Of Office
under tho Confederate government. The power
which IL was Imagined might become an instru-
nent OF oppression has failed signally 20 drive
executive or judicial officers TO political MARTYR
dom Nearly thirty years have elapsed since
he last Impeachment miscarriage Nor Is
there any reason 10 anticipate further appeals
10 this obsolesoent power except In cases wher,