Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Another important matter which devolved upon Mr. Buchanan as Chairman
of the Judiciary Committee, related to the impeachment of Judge James
H. Peck, the United States district judge for the district of
Missouri. The facts of this singular case were briefly these: Judge
Peck had decided a land-cause against certain parties who were
represented in his court by an attorney and counsellor named Lawless.
Lawless published in a St. Louis newspaper some comments on the
Judge’s opinion, by no means intemperate in their character. The Judge
thereupon attached Lawless for a contempt, caused him to be imprisoned
twenty-four hours in the common jail, and suspended him from practice
for a period of eighteen months. Upon these facts, when brought before
the House of Representatives by Lawless’ memorial, there could be but
one action. The Judiciary Committee voted an impeachment of the Judge,
and Mr. Buchanan reported their recommendation on the 23d of March,
1830. He said that the committee deemed it most fair towards the
accused not to report at length their reasons for arriving at the
conclusion that the Judge ought to be impeached, but that they thought
it advisable to follow the precedent which had been established in the
case of the impeachment of Judge Chase. A desultory discussion
followed upon a motion to print the report and the documents, and upon
an amendment to include the address which it seems that the Judge had
been allowed to make to the committee. But before any vote was taken,
the Speaker, on the 5th of April, presented a memorial from Judge
Peck, praying the House to allow him to present a written exposition
of the facts and law of the case, and to call witnesses to
substantiate it, or else to vote the impeachment at once on “the
partial evidence” which the committee had heard. In the course of
these proceedings the House, if it had not been better guided, might
have established an unfortunate precedent. While the resolution
reported by the Judiciary Committee for the impeachment of the Judge
was pending in Committee of the Whole, Mr. Everett moved a
counter-resolution that there was not sufficient evidence of evil
intent to authorize the House to impeach Judge Peck of high
misdemeanors in office. This, in effect, would have converted the
grand inquest into a tribunal for the determination of the whole
question of guilt or innocence, upon allegations and proofs on the one
side and the other. It was opposed by Mr. Storrs, Mr. Ellsworth, Mr.
Wickliffe and others, and was negatived. The resolution reported by
Mr. Buchanan for the impeachment of the Judge was then adopted by the
Committee of the Whole, and reported to the House, after which Mr.
Buchanan demanded the yeas and nays, which resulted in a vote of 123
for the impeachment and 49 against it. An article of impeachment was
prepared by Mr. Buchanan, and was by order of the House presented to
the Senate. The managers appointed to conduct the impeachment on the
part of the House were Mr.
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