Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-02-26
SCALED
RESTRAINING INFLUENCE
Federal Judiciary Praised, However
in Monograph on Subject by
Wrisley Brown.

A monograph on the impeachment OF
the federal judiciary. written by Wrisiey
Brown, who conducted the original inves.
tigation in the impeachment case against
Judge Archibald of the United States Com
merce Court, has been published as a
public document by order of the Senate
The request for the publication was made
by Senator Root of New York. Originally
the MONOGRAPH was published in the Har-
ward Law Review.
Mr. Brown discusses the principles
which govern impeachment In the United
States, going back to the laws of Eng
land and following this discussion with
the provisions of the Constitution of the
United States relating TO Impeachment.
He shows that there have been nine i'm
peachments under the federal Constitu-
ton and that six of these have been aimed
at the Judiciary. The first Impeachment
of a federal judge was in 1893. when
Judge Pickering of the United States dis
trict court for the district of New Hamp-
shire was convicted. In three cases con-
viction was obtained, and in the other
three cases the impeachment fai ed.
In 1904 Samuel Chase, associate justice
OF the Supreme Court of the United
States, was impeached, but the impeach-
ment failed: in 1890 James H. Peck. judge
of the United States district court Tor
the district of Missouri. was impeache !,
but not convicted; in 1852 West IL.
district court for the district of Tenn,s-
see. was impeached and convicted: in
1904 Judge Charles Swayne of the United
States strict court for the DIS. riot OF
Florida was impeached. but failed of con
viction. and the last Impeachment was N
1912, when Judge Robert W. Archibald
United States circuit judge. designated a
member of the Co cree Court, was i'm
peached and convicted.
Free of Infdelity to Duty.
In conclusion Mr.. Brown says:
THE record of the federal judiciary has
been remarkably free of intidelity to
duty The personal character and Of
fetal conduct of its members have been.
in the main, above suspicion and beyonG
reproach. but undoubtedly many un-
known and unknowable instances have
occurred in which a wholesome fear of
impeachment has prevented abuse OF
judicial power and breach of judicial OBJ
legation. This deterrent effect of e
remedy has been little appreciated. but
the lack of 1t would have been most seri-
ously felt.
1.-THE impeachment prescribed by our
Constitution weighs well the evil to be
redressed and adjusts the ordained relief
to the occasion. 1t is the expression Of
the sober will rather than the FESTIVE
within of the people. 1t restraints judicial
tyranny without overawing the authority
of the courts. 1t regulates the conduct
Of the jud es without disturbing the pois,
and balance of their judgments. 1t strikes
directly at the judicial fault without de-
stroying the judicial independence that is
essential to the preservation of our con
stitutional Jurisprudence. This great body
of fundamental law must be maintained
intact. 1t absorbs the changing needs of
hanging times. yet does not chang.
Upon it the stability and the integrity OF
our institutions rest. Upon it our civil
liberties depend. And without it our re-
publican government could not long en-
dure.''