Charles Swayne
Encyclopedia
Charles H. Swayne was a United States federal judge
who prevailed over an impeachment
effort.
Born in Guyencourt, Delaware
, Swayne received an LL.B. from the University of Pennsylvania
in 1871. He was in private practice in Philadelphia, Pennsylvania
, from 1871 to 1885, and in Pensacola, Florida
, from 1885 to 1889. In 1888, he was an unsuccessful Republican
candidate for the Florida Supreme Court
from President Benjamin Harrison
to a seat on the United States District Court for the Northern District of Florida
vacated by Thomas Settle
. Swayne was formally nominated on December 5, 1889, and was confirmed by the United States Senate
, and received his commission, on April 1, 1890.
Swayne was impeached by the United States House of Representatives
on December 13, 1904. He was accused of filing false travel vouchers, improper use of private railroad cars, unlawfully imprisoning two attorneys for contempt, and living outside of his district. Swayne's trial consumed two-and-a-half months before it ended on February 27, 1905, when the Senate voted acquittal on each of the twelve articles. There was little doubt that Swayne was guilty of some of the offenses charged against him. Indeed, his counsel admitted as much, though calling the lapses "inadvertent." The Senate, however, refused to convict Swayne because its members did not believe his peccadilloes amounted to "high crimes and misdemeanors". Swayne thereafter continued serving on the court until his death, in 1907.
It was during the long Swayne trial that the suggestion first surfaced that a Senate committee, rather than the Senate as a whole, should receive impeachment evidence. Senator George F. Hoar of Massachusetts proposed that the presiding officer should appoint such a committee. While Hoar's proposal would eventually be embodied in Rule XI of the Senate's impeachment rules, in 1905 the resolution was referred to the Rules Committee, which took no action.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
who prevailed over an impeachment
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
effort.
Born in Guyencourt, Delaware
Guyencourt, Delaware
Guyencourt is an unincorporated community in New Castle County, Delaware, United States.- References :...
, Swayne received an LL.B. from the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
in 1871. He was in private practice in Philadelphia, Pennsylvania
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, from 1871 to 1885, and in Pensacola, Florida
Pensacola, Florida
Pensacola is the westernmost city in the Florida Panhandle and the county seat of Escambia County, Florida, United States of America. As of the 2000 census, the city had a total population of 56,255 and as of 2009, the estimated population was 53,752...
, from 1885 to 1889. In 1888, he was an unsuccessful Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
candidate for the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
District court appointment and impeachment
On May 17, 1889, Swayne received a recess appointmentRecess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
from President Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
to a seat on the United States District Court for the Northern District of Florida
United States District Court for the Northern District of Florida
The United States District Court for the Northern District of Florida is the federal United States district court with jurisdiction over the northern part of the state of Florida....
vacated by Thomas Settle
Thomas Settle (judge)
Thomas Settle was an American judge and politician in North Carolina.Born in Rockingham County, North Carolina, Settle received a A.B. from the University of North Carolina in 1850 and read law to enter the bar in 1854. He was a private secretary to North Carolina Governor David S...
. Swayne was formally nominated on December 5, 1889, and was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, and received his commission, on April 1, 1890.
Swayne was impeached by the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on December 13, 1904. He was accused of filing false travel vouchers, improper use of private railroad cars, unlawfully imprisoning two attorneys for contempt, and living outside of his district. Swayne's trial consumed two-and-a-half months before it ended on February 27, 1905, when the Senate voted acquittal on each of the twelve articles. There was little doubt that Swayne was guilty of some of the offenses charged against him. Indeed, his counsel admitted as much, though calling the lapses "inadvertent." The Senate, however, refused to convict Swayne because its members did not believe his peccadilloes amounted to "high crimes and misdemeanors". Swayne thereafter continued serving on the court until his death, in 1907.
It was during the long Swayne trial that the suggestion first surfaced that a Senate committee, rather than the Senate as a whole, should receive impeachment evidence. Senator George F. Hoar of Massachusetts proposed that the presiding officer should appoint such a committee. While Hoar's proposal would eventually be embodied in Rule XI of the Senate's impeachment rules, in 1905 the resolution was referred to the Rules Committee, which took no action.