Charles Swayne (August 10, 1842 – July 5, 1907) was a

United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...

of the

United States District Court for the Northern District of Florida The United States District Court for the Northern District of Florida (in case citations, N.D. Fla.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appea ...

who prevailed over an

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

effort.

Education and career

Born in

Guyencourt Guyencourt is a commune in the Aisne department in Hauts-de-France in northern France. Population See also *Communes of the Aisne department The following is a list of the 799 Communes of France, communes in the French Departments of Fr ...

Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...

, Swayne received a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

from the

University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...

in 1871. He was in private practice in

Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

from 1871 to 1885, and in

Pensacola Pensacola () is the westernmost city in the Florida Panhandle, and the county seat and only incorporated city of Escambia County, Florida, United States. As of the 2020 United States census, the population was 54,312. Pensacola is the principal ci ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

from 1885 to 1889. In 1888, he was an unsuccessful

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

candidate for the

Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...

Federal judicial service

Swayne received a

recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...

from President

Benjamin Harrison Benjamin Harrison (August 20, 1833March 13, 1901) was an American lawyer and politician who served as the 23rd president of the United States from 1889 to 1893. He was a member of the Harrison family of Virginia–a grandson of the ninth pr ...

on May 17, 1889, to a seat on the

vacated by Judge Thomas Settle. He was nominated to the same position by President Harrison on December 5, 1889. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on April 1, 1890, and received his commission the same day. His service terminated on July 5, 1907, due to his death.

Impeachment and acquittal

Swayne was

impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

by the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...

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

impeachment trial An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...

lasted 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". 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 George Frisbie Hoar (August 29, 1826 – September 30, 1904) was an American attorney and politician who represented Massachusetts in the United States Senate from 1877 to 1904. He belonged to an extended family that became politically prominen ...

Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

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.

References

{{DEFAULTSORT:Swayne, Charles 1842 births 1907 deaths 19th-century American judges Impeached United States federal judges Judges of the United States District Court for the Northern District of Florida People from New Castle County, Delaware United States federal judges appointed by Benjamin Harrison University of Pennsylvania Law School alumni