The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1913-01-12
Impeachment Trials
Infamous Gases of the Past.
BY Frederic j. Haskin

The Archibald case is the ninth i'm
parchment trial in the history of the
United States. There AVE been three
which did not affect the judiciary, two
Of them dealing with the executive
branch of the government and the
third with the legislative branch. The
first case established the precedent
that a senator Or representative can
not be ~impeached. Whether this also
would apply to an official of congress,
like the secretary of the senate, say,
has never been determined.
William, Blount, a nate from Ten
nessee, was the first object of this
form of judicial indignation. The gov
eminent had been in existence only
nine years when the house Of repre-
sentatives passed the articles of i'm.
parchment against hin. He was
charged with conspiring to set on foot
within the United States, and to on
duct and carry on with the United
States as a base of operations, a hos
tile military expedition against the
territory of Spain in Louisiana and
Florida, with a view to c%onquering
them for Great Britain, which was at
war with Spain. He was further
charged with stirring up the Greek
and Cherokee Indians to revolt agains,
Spain, with striving to handicap the
work of the United States Indian
agent among the Creeks and Chero>
KEGS, and with attempting to corrupt
the official interpreter representing
the United States among them. Fur
thermore, he was charged with i'm
pairing the confidence of these tribes
In the United States and making them
discontinued with reference to the
boundary lines laid down by the gov
eminent at Washington.
The house impeached Blount, but
before it could get it's case into the
senate that body investigated him up
on it's w motion, and voted to X
pei him. When the impeachment trial
began the principal defense was that
Blount was not a civil officer of the
United States. In spite of the fac,
that he was no longer a senator, and
that Impeachment could carry no fur
ther penalty than already had been
administered the senate ook up the
question. and acquitted him, o upon
n ground that the evidence of his
Improbable behavior was wanting,
but upon the ground tina a senator
or a representative Is not an officer
Of the government within the meaning
Of the constitution.
This probably produces one of the
most anomalous situations in the en>
tire government service. A senator or
representative is a member of the law
making body of the United States.
His salary is paid by the United States,
he works for the United States, he
helps to frame it's laws. he often
serves on commissions for the United
States. n yet he is not a civil off,
Ger of the United States. He is an
officer of the state he represents, pre-
sumably, n yet it is hardly prob-
able that the state could impeach
him. Therefore. he is wholly with,
out the pale of impeachable officials.
The second Impeachment trial In the
senate, n the first successful one,
was that of John Pickering, judge of
the United States district court for
the District Of New Hampshire. The
trial was held in 1903: Judge Picker
ing was charged with disobeying the
law In the course of proceedings to
condemn a ship with its cargo. for a
violation Of the customs laws. He
delivered the ship to the claimants
without bond, In the face Of an attacks