Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-03-26
Judge Swayne,-and Former lmpeaeh-
ments.

| Impeachment of Judge Swayne of the
Northern district of Florida. The
House committee on judiciary has al
ready voted for the impeachment, and
House, the proceedings against him will
go forward. The charges against
Judge Swayne are of a serious charac-
ter. 1t is alleged that he has been abb
sent from his circuit; that he is nom
resident of his district, that he i'm
prisoned a lawyer and the son of q liti-
CANT for contempt; that he refused to
hear Il certain witness. that he corrupt
ly purchased land in litigation and that
he declared that he would not believe
a certain witness under oath.
OF course just what may develop out
of these charges remains to be deter
mined from the evidence, but it is APP
parent that they must have been of
such a character as to strongly impress
the able men on the judiciary commit
tee, among whom is Mr. Littlcficld of
our own State, otherwise they would
not have decided on the report that will
come from them. In the whole history
of this country, only four Federal
judges have been impeached. and OF
these only two We're convicted. The
first of these cases was Judge Pickering
of New Hampshire, who was charged
with decisions contrary to law, and
with drunkenness and profanity on the
bench. Judge Pickering did not put in
an appearance before the Senate at the
trial, but his son, who conducted his
case, endeavorcd to show that he was
insane. The reply WAS that if such was
his condition, it was the result of his
Incorporate habits, and he WAS con-
yicted by IL party vote on March l.,
1868, and removed from Office. The
next case WAS that of Samuel Chase of
Maryland, who was impcachcd in the
fan of 1901. lie WAS charged with the
use of highly indecent and judi
oill language concerning the United
states government. There were Il num-
lcr of other charges. such as arbitrary
conduct in refusing to allow an attor-
ncy to argue certain law points, his
, failure to excuse Il juror who had pre-
judged Il prisoner. ana number of
| other similar allegations. The case
against him WAS Il strong one, but as
there WAS not ii two-thirds vote i'll sup
port of any one of the articles of i'm
parchment. ne was finally acquitted on
all of them.
In December, 1870. Judge Peck of the
! Federal district court for Missouri, was
tried before the Senate on impeachment
Proceedings, instituted by the House in
i 1879. He was charged with arbitrary
conduct and the gross abuse of his
tempt who had published Il criticism
of one of his legal opinions. The trial
resulted in his acquittal the vote being
/ II to u in his favor. The last case was
that of Judge ". II. Humphreys of the
! district court of Tennessee. At the
outbreak Of the Rebellion, Judge Hum
phreys threw his fortunes with the
South but though actively engaged in
the rebellion, he refused to resign his
' office. 1t was therefore necessary to
impcach him in order to vacatc his po-
stion. A secession speech. which he
! had made in the fall of 1850 WAS made
! the basis Of the case against him. He
WIS also shown to be holding Il judicial
position under the Confederate govern
mcnt. on these charges he WAS con-
victcd by Il unanimous vote of the Sem
| ate.
| And now after n period of more than
| 40 years, the indications are that we are
to have a fifth case of this character.
| It is said that the opposition to Judge
, Swayne is very strong, and it is more
! than likely that the House of Repre-
scrtatives will accept the report of the
Judiciary committee ard appoint two
manager who will conduct the trial of
! impeachment before the Senate. The
case has already attracted widespread
| interest, ana should it come to trial will
be closely followed in all parts of the
country. Unqucstionably many men,
bcrs Of Congress would prefer to avoid
| Impeachment if they could see sufficient
| reason for such icnicncy, but it seems
scarcely probable that they will feel
justified in turning down the report of
the committee. Judge Swaync and his
friends claim that he is merely the
victim of political persecution. If this
! is the fact, however. they should have
no difficulty in establishing it at the
| trial. 1t is very apparent that the
House judiciary committee did not take
| this view of the case.
|
| The Attitude of Emma.
| hn IN ink