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 U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

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 appe ...

. In 1904, he was

impeached Impeachment is a 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 Eu ...

, but remained on the bench after the

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. Differences exist between governments as to what stage trials take place ...

ended in an acquittal.

Education and career

Born in Guyencourt,

Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...

, Swayne received a

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

from the

University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Carey Law, or Penn Law; previously University of Pennsylvania Law School) is the law school of the University of Pennsylvania, a private Ivy League research university in Phi ...

in 1871. He was in private practice in

Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

from 1871 to 1885, and in

Pensacola Pensacola ( ) is a city in the Florida panhandle in the United States. It is the county seat and only city in Escambia County. The population was 54,312 at the 2020 census. It is the principal city of the Pensacola metropolitan area, which ha ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

from 1885 to 1889. In 1888, he was an unsuccessful Republican candidate for the

Florida Supreme Court The Supreme Court of Florida is the state supreme court, highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geog ...

Federal judicial service

Swayne received a

recess appointment In the United States, a recess appointment is an appointment by the President of the United States, president of a Officer of the United States, federal official when the United States Senate, U.S. Senate is in Recess (motion), recess. Under the ...

from President

Benjamin Harrison Benjamin Harrison (August 20, 1833March 13, 1901) was the 23rd president of the United States, serving from 1889 to 1893. He was a member of the Harrison family of Virginia—a grandson of the ninth president, William Henry Harrison, and a ...

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 a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

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

by the

United States House of Representatives The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...

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

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 of

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

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 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