Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-15
OTHER|MP EACHMENTS
Those Famous in American
History.
CASE OF JUDGE SWAYNE
EIGHTH TO OCCUR IN HISTORY OF
THIS COUNTRY.
That of President johnson Most Noted
in Annals of the World
The Rest.

The pending impeachment OF Judge
Charles Swayne of Florida before the Sem
ate of the United States is the eighth to
occur in the history of our country. The
most important of all our federal impeach-
ments, of course, and one of the most noted
in the worlds history, was that of Andrew
Johnson in 1867. The other six We're: Will
liam Blount, senator from Tennessee, In
1797-179s; John Pickering, United States
district judge for New Hampshire, in 1903;
Samuel Chase, associate justice of the
United States Supreme Court, in 1904;
James H. Peck, United States district judge
for Missouri in 1880; West II. Humphreys,
United States district judge for Tennes-
see, in 1862, and William w. Belknap Sec
| rotary of War, in 1876. Only two out of
seven resulted in convictions.
Technically, Impeachment is the accu-
sation and prosecution by a legislative body
of an officer for maladministration. Under
the Constitution the President Vice Pres
ident and all civil officers of the United
States are liable to impeachment for trea-
son, bribery or other high crimes and mis-
demeanors. The House of Representatives
has the sole right of impeachment, draws
up the accusation and appoints persons to
conduct the prosecution before the Senate
The accused is tried by the Senate over
which, when President is impeached, the
chief justice of the Supreme Court pre-
sides. When lesser offenders are brought
to trial the President of the Senate, or any
senator named by that body, occupies the
chair A two-thirds vote of the senators
present is necessary to conviction. Pun
ishment only extends to removal FROM and
disqualification to hold. office under the
United States, but the convicted person is
still liable to an ordinary trial according
to law. The President has power to
pardon in case of Impeachment and the
tribunals referred to are final. Impeach-
ments of state officers are provided for by
the constitution of the various states.
Senator William Blount.
The case against Senator William Blount
was informally presented to Congress in
1897 by President John Adams in connec-
ton with number of papers on the rela-
ton of the United States and Spain. Among
them was a letter from Senator Blount,
which apparently disclosed him as con-
spirator to transfer New Orleans and the
adjacent territory from Spain to Great
Britain, through the medium of a British
fleet and a land force to be furnished by
Blount. When the Senate received notice
that the House intended to impeach him.
that body first proceeded to put him under
a heavy bond to appear for trial, but subse-
quently expelled him. His bondsmen then
surrendered him to the Senate, but he was
released on decreased ball. the original
bond being fixed at $4,000 Almost the
whole of the next session was consumed
before the articles of impeachment, five in
number, were finally prepared. In the
meantime Blount had been elected to the
senate of his state and did not appear ex-
cept by counsel. The pleadings of his coun-
sci were that % as senator he was not
civil officer" subject to impeachment
and (2) that having been expelled he was
no longer senator. The first plea was
sustained By the Senate and Blount was
acquitted for want of jurisdiction
The articles against Judge Pickering
charged him with decisions contrary to
law, and with drunkenness and profanity
on the bench. He was tried at once by the
Senate and as did Blount, failed to appear.
His son put forward the plea of insanity,
but the managers on the part of the House
averred that if such We're the case the in
sanity was induced by habitual drunken
ness His conviction followed, by a party
vote, and he was removed
Samuel Chase of Maryland.
Samuel Chase of Maryland was regarded
as one of the ablest jurists of his day. but
was notably out of sympathy with the then
dominant party. He had followed the prac-
tlce, which was then in vogue with Amer1-
can judges, and had for long time pre-
v1ously obtained in Great Britain, of de-
Hvering to grand juries disquisitions on the
current politics of the day. His PARTISAN
snip, perhaps, drove him to very intern
perate Criticisms of the policies of the ma
the administrative leaders. Accordinsly
Randolph succeeded in having a committee
OF the House invested with authority to in
Vestgate Chase's official conduct, and on
the report of this committee he was i'm
peached. Although there We're eight arti-
cles, the last one only covered his real Of
fense namely, that of highly indecent and
eXtra-Judicial reflections upon the govern
ment of the United States before a Mary
land grand jury The others resulted from
the committees zeal and scrutinizing re-
view of the judges past official career. The
articles were not sustained, and he was
pronounced not guilty, with the reserva-
ton that his conduct had been rather a
violation of the principles of politeness tnan
of the principles of law"
The senatorial court was more equally d.
V1ded in the case of Judge James IL. Peck,
but resulted in an acquittal, by a vote of
"a to q. The article against him alleged
arbitrary conduct, in 1927, in the punish
ment of an attorney for contempt or court
whose ofenSe was that he published a
criticism of Judge Pecks opinion in civil
case.
The circumstances surrounding the I'M
parchment of Judge Humphreys are sui
generis. AT the outbreak of the civil war
the district judges of the federal courts in
the seeding states and one of the justices
of the Supreme Court resigned. The ex-
ception to the rule was Judge Humphreys
of Tennessee, who, while engaged in active
rebellion, had not resigned, and impeach-
ment became necessary in order to vacate
his position Recourse was had to a seces-
sion speech made by him in 1860, and this,
together with his acceptance of the office
of confederate judge, were made the basis
of seven articles against him. He was con-
victed by unanimous vote of the Senate.
President Andrew johnson.
No impeachment in our governmental ca
reer has exceeded In interest that of An
drew Johnson, by reason of his exalted po-
SifiOn rac1iar Of "a
time. President Johnson had come into
sharp conflict with Congress on the ques-
tons connected with reconstruction, and
the breach between the executive and the
rational legislature widened until it grew
into an open impeachment. In 1867 Con-
gress passed what is known as the tenure
of Office act. 1t was vetoed by the Presi-
dent and passed over his veto. Mr.. STAN
ton, then Secretary of War, was not will
ing to lend himself to Johnsons schemes
of reconstruction. and, therefore. on Au-
gust II. 1867, the President suspended him