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Litchfield, Litchfield County, Connecticut
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In a dramatic Senate impeachment trial, Judge James H. Peck of Missouri is acquitted by a 22-21 vote, short of the two-thirds needed for conviction on charges from the House of Representatives. Detailed voting and proceedings reported.
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We annex the proceedings in the Senate, at the closing scene upon this case, as reported in the Intelligencer:—
In Senate, January 31.
On motion of Mr. Foot, the Senate again resolved itself into a Court of Impeachment.
The House of Representatives, with their Managers, and the counsel for the respondent, having come into Court.
Mr. Tazewell moved the following resolution:
Resolved, That this Court will now pronounce judgment upon James H. Peck, Judge of the District Court of the United States for the District of Missouri.
Mr. Tazewell observed, that if there were one member of the Court unprepared for a decision on this impeachment at this time, or preferred any other mode of proceeding to pronounce judgment, he would cheerfully withdraw the resolution.
No objection having been made, the resolution was unanimously adopted.
The names of the Senators were then called over by the Secretary.
The Secretary of the Senate, under the direction of the Vice President, read the article of impeachment exhibited by the House of Representatives against James H. Peck, Judge of the District Court of the United States for the District of Missouri.
The Vice President rose and said—
Senators: You have heard the article of impeachment read: you have heard the evidence and the arguments for and against the respondent; when your names are called you will rise from your seats, and distinctly pronounce whether he is guilty or not guilty, as charged by the House of Representatives.
The Vice President then, in an audible voice, put the following question to each of the Senators in alphabetical order, commencing with
Mr. Senator Barnard: What say you: Is James H. Peck, Judge of the District Court of the United States for the District of Missouri, guilty or not guilty of the high misdemeanor charged in the article of impeachment exhibited against him by the House of Representatives?
Each Senator rose from his seat, as this question was propounded to him, and answered as follows:
Guilty—Messrs. Barnard, Brown, Clayton, Dickinson, Dudley, Ellis, Forsyth, Hayne, Iredell, Kane, King, Livingston, McKinley, Poindexter, Robbins, Sanford, Smith, of Md. Smith, of S. C. Troup, Tyler, Woodbury—21.
Not Guilty—Messrs. Barton, Bell, Burnet, Chase, Foot, Frelinghuysen, Grundy, Hendricks, Holmes, Johnston, Knight, Marks, Naudain, Noble, Ruggles, Seymour, Silsbee, Sprague, Tazewell, Webster, White, Willey—22.
Mr. Benton and Mr. Robinson were excused from voting. Mr. Bibb, Mr. Chambers, and Mr. Rowan were absent.
The Vice President again rose and observed—
Senators: Twenty-one Senators having voted that the Respondent is guilty, and twenty-two that he is not guilty; and two-thirds of the Senate not having voted for his conviction, it becomes the duty of the Chair to pronounce, that James H. Peck, the Judge of the District Court of the United States for the District of Missouri, stands acquitted of the charge exhibited against him by the House of Representatives.
The Vice President then directed the Marshal to adjourn the Court of Impeachment; and it was accordingly adjourned sine die.
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United States Senate
Event Date
January 31
Story Details
The U.S. Senate, sitting as a court of impeachment, acquits Judge James H. Peck of the District of Missouri on a single article of impeachment by a vote of 22 not guilty to 21 guilty, failing to reach the two-thirds majority required for conviction.