James H. Peck
Encyclopedia
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States District Court for the District of Missouri. He was the third Judicial officer on whom the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
has passed Articles of Impeachment, though he was acquitted by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
Career
Born in Jefferson County, TennesseeJefferson County, Tennessee
*...
, Peck served in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
durin the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
. He later began a private practice in Tennessee until 1818, and in St. Louis, Missouri
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
from 1818 to 1822. On March 29, 1822, Peck was nominated by President James Monroe
James Monroe
James Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
to a new seat on the United States District Court for the District of Missouri created by 3 Stat. 653. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
On April 5, 1822, and received his commission the same day.
Peck was involved in several land claim cases arising out of the Louisiana territory purchase
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
; in one such case in 1825 he ruled against the client of the lawyer Luke Lawless and published his opinion in a St. Louis
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
newspaper the following year. In response, Lawless posted an anonymous letter rebutting Peck's ruling in another newspaper. The authorship of the letter soon became known and Peck found Lawless in contempt of Court for:
Intent to impair the public confidence in the upright intentions of said court, and to bring odium upon the court, and especially with intent to impress the public mind, and particularly many litigants in this court, that they are not to expect justice in the cases now pending therein.
Peck had Lawless placed in jail for 24 hours and removed his right to practice in a federal court for 18 months. Lawless began a crusade against Peck, which included submitting his own memorial for impeachment to the House. This memorial resulted in Impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
charges before the U.S. House of Representatives.
Impeachment and acquittal
He was impeached by the U.S. House of Representatives on April 24, 1830 on a charge of abuse of the contempt power. The U.S. Senate began the trial of Peck on 26 April 1830 and acquitted him of the charge on January 1, 1831, with 21 votes for removal and 22 votes against. He remained on the bench until his death, in 1836, in Saint Charles, MissouriSaint Charles, Missouri
St. Charles is a city in, and the county seat of, St. Charles County, Missouri. As of the 2010 census, the city had a population of 65,794, making St. Charles the 2nd largest city in St. Charles County. It lies just to the northwest of St. Louis, Missouri on the Missouri River, and, for a time,...
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Sources
- Cato Institute (trial vote)
- Duke University