The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1904-04-07
THE IMPEACHMENT CASE.

In connection with the Swayne inn
parchment case which is now before
Congress it is interesting to note that
in the one hundred and fifteen years
since the Constitution of the United
States went into effect there have
been but seven instances of the begin
ming of impeachment proceedings.
OF the seven men put on trial but two
have been convicted. The only case
which the people as whole now re-
member is the famous one in which
Andrew jackson finally won out over
his enemies while he was President
Both of the convicted men were
judges. John Pickering, judge of the
District of New Hampshire, in 1903,
was impeached and removed from
office for drunkenness and other I'M
judicial conduct; and In 1869 Ten
nesses district judge was found guilty
of treason for accepting office under
the Confederate government.
Charles Swayne, whose official fate
now rests in the hands of Congress, is
judge of the northern district of
Florida The report of the House
committee on the judiciary which
has been investigating the charges
made against him, however, states
that from che judges own admissions
it is evident that during eight years
he has not been n resident of the dis.
trict rs is reQuired by law. 1t further
states that during eight years he re-
manned in the district for an average
Of only sixty-two alI enc halt days
in each year, and th"t during The rest
of the time he LIVED in Delaware 1t
asserts that his testimony Is series
of excuses for non-residepce. and
comments that: cit i'll becomes a
judge to set up excuses for disobeying
the law
If Judge Swayne could show that
he had done the work Of his district
properly it might be considered that
the charge against him is somewhat
good, sound reason that the judge of a
district should be as much as possible
within reach and at the service Of the
citizens of that district But accord
ing to the committees report he has
done other things which, if true,
should be sufficient to remove him
from office In one instance it is
claimed that Judge Swsyne, through
his wife, purchased property in liti-
cation before his court, and later,
when two of he attorneys interested
in the case sued the judge to recover
possession of the property he adjudged
them guilty of cont smpt of court, dis
barred them from practice, fined each
500. and sent them to Jail for ten
days The report says this proceed
ing shows that Judge Swayne was in
collision with the plaintiffs attorney,
and that his action was high handed,
wholly unlawful, and a gross abuse
OF judicial power. Most of the other
charges which the committee finds
proved against him are also for abuse
OF the contempt powers of the court.
powers which all right-minded judges
use with great care.
The report states that from all the
evidence it is plain that Judge Swayne
has forfeited the respect and conf
dence of the bar and people in his
district; that he has so conducted
himself as to earn the reputation of
being susceptible to the malign in.
huence of man of notoriouslv bad
character; that he has shown him self
to be harsh, tyrannical and oppres-
sive; that he is continuously and
persistently violating the law, and
recommends that he be impeached
for high misdemeanors.
If the facts are as stated by the re-
port, Judge Swayne should be judge
but very short time longer. The
judges, of all men, should be kept
free from all faint that it is possible
for men to be free from. And, above
all else, honesty in judges il essen
tial-both professional honesty and
personal honesty.