The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The number of judicial impeachments in the history of the country
has been comparatively small, and few of these have resulted in
convictions.[Footnote: See Chap. III.] Of the cases which were
successful, the most noteworthy is that of Justice George
G. Barnard of the Supreme Court of New York, who was convicted of
having abused his right to issue _ex parte_ orders and of
other measures of improper favoritism. The Bar Association of
the City of New York brought the charges, and were influential in
carrying the whole proceeding through to a favorable result. In
another instance, occurring in 1854 in Massachusetts, the right
of impeachment was stretched to its limit by removing a Judge of
Probate, Edward G. Loring, the only real ground being that as a
United States Commissioner he had ordered the return of a
fugitive slave under the laws of the United States--laws the
constitutionality of which the highest court of the State had
recently declared to be fully settled.[Footnote: Sims' Case, 7
Cushing's Reports, 285.]
Judges of inferior courts are sometimes removable by the higher
ones for cause, on complaint of a public prosecutor. In such
case, the proceeding being strictly a judicial one, there is more
assurance of success if the charges are well founded. Here also,
however, it will be known from whom they come, and the hearings
are likely to be so protracted and expensive to the State that
only a flagrant case will usually be taken up. The hearings on
such a complaint, brought in New York in 1903, extended over
thirty-six days; the stenographic minutes of the testimony
covered over 3,300 pages; there were over four hundred exhibits
introduced; and the items of cost presented for taxation amounted
to over $20,000.
Removals by the Governor on the address of the legislature have
been more frequent, and occasionally have been dictated largely
by party managers who desired to make places for those of their
own political faith.[Footnote: Schouler, "Constitutional
Studies," 288, note.] In one instance it was attempted, but
unsuccessfully, in Kentucky as a punishment for giving a judicial
opinion that a stay-law recently passed by the legislature was
unconstitutional. A two-thirds vote of each house was required,
and as in the lower house, though it voted for an address by a
large majority, this could not be obtained, the proceeding was
allowed to drop.[Footnote: Niles' Register, XXII, 266. See
_ante_ p. 114.] In all there have been in the whole country
since 1776 not over thirty removals, whether on impeachment and
conviction or on address of the two houses, of judges of a higher
grade than justices of the peace.[Footnote: See Foster,
"Commentaries on the Constitution of the United States,"
Appendix, 633.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account