The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-01-20

washington, January 1S.-Tne
House of Representatives today adopt
ed the twelve articles of Impeachment
against Judge Swayne, Of the district
court of the Northern District of Flor
ida, which had been presented by its
special committee of investigation
The speaker was authorized to ap-
point seven managers to present the
case to the Senate and conduct the
Impeachment proceedings before that
body.
This action was the elimination OF
debate which has been in progress
for over a week, and which has de-
veloped partisan feeling and personal
vituperation. The first vote, that to
table the first three articles, those re-
lating to the Justification of expenses.
went against Judge Swayne by the
narrow margin of five votes. This was
regarded as the test vote, as the
charge regarding expenses was the only
one 1concurred in by the members of
the committee signing the minority
report. The motion to table these ar
ticles was lost, 160 to 165. Twenty
four Republicans voted with the DEM
ocrats against tabling and three DEM
ocratS voted with the Republicans to
table. On roll call three articles were
adopted. 160 to 165. Articles four and
five, relating to the free use of pri-
vate car by Judge Swayne, were made
the subject of a separate vote and
adopted 162 to 13S. Like action fol-
lowed with regard to articles six and
seven. charging him with non-resi-
dence in his district, the vote standing
15S to 1877. This was the last call, as
when articles eight, nine and eleven,
relating to the Davis-Belden case, and
article twelve, relating to the O'Neal
contempt case, were declared adopted
on viva voce votes.
The last time the House voted to
present articles of impeachment was
in 1876. when it voted the impeach-
ment of w. w. Belknap, secretary Of
war under President Grant
The debate today was chiefly not
able for the closing arguments in the
case. That for Judge Swayne was
made by Mr.. Gillett, of California. and
that for impeachment by Mr.. Palmer.
of Pennsylvania. Mr.. Gillett made an
earnest plea for the judge. and Mr..
Palmer spoke strongly for purity on
the bench and for Impeachment.
Argument in the Swayne case was
opened by Mr.. Mccall. Of Massa-
chusetts He reviewed briefly the
charges against Judge Swayne AMI
said he had no difficulty in reaching
the conclusion that he should vote
against all of the articles OF impeach-
ment.
Mr.. Williams, of Mississippi. made
the point that the fallacy OF the argu-
ment of Mr. Mccall was that he
placed on the same footing impeacil-
able ofrenses by executive officials and
like offenses by judicial officials.
4 Judge, he maintained. bore two
fold relation to impeachment-per-
sonal and official
Mr.. Henry of Texas, was in favor
of presenting every one Of the twelve
charges against Judge Swayne to the
Senate. He discussed briefly the non
resident charge and asserted that
Judge Swayne had never been
resident of the Northern District ol
Florida. The O'Nea1 contempt case
was also held by Mr.. Henry TO be JUS
tifiable ground for impeachment.
Mr. Giliett read a telegram signed
he said by the leading merchants AMI
citizens OF Pensacola, condemning the
impeachment proceedings and ex-
pressing a sentiment friendly to Judge
Swayne. He also read letters to tho
same effect.
! Judge Swayne. he said. would never
! have been proceeded against and
"persecuted' if it had not been for the
0'Nea1 contcnp. proceeding
Mr.. Gillett spoke of the car incident
as having occurred years ago and said
1t would be trifiing to seriously present
such a charge. He asked where they
would end IL they started in to impeact
men for riding IN a private car. Hs
said he had statements showing 1t wa.
fhc Intention that Gin a dav sh0s.1H n