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James H. Peck

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American judge
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James Peck
Judge of theUnited States District Court for the District of Missouri
In office
April 5, 1822 – April 29, 1836
Appointed byJames Monroe
Preceded bySeat established
Succeeded byRobert William Wells
Personal details
BornJames Hawkins Peck
(1790-01-12)January 12, 1790
Jefferson City, North Carolina, U.S.
DiedApril 29, 1836(1836-04-29) (aged 46)
St. Charles, Missouri, U.S.

James Hawkins Peck (January 12, 1790 – April 29, 1836) was aUnited States district judge of theUnited States District Court for the District of Missouri.

Education and career

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Peck was born on January 12, 1790, in Mossy Creek (nowJefferson City), North Carolina (Southwest Territory from May 26, 1790, State of Tennessee from June 1, 1796). During theWar of 1812, he joined Taylor's Brigade of the Tennessee Militia in September 1814 as an Assistant Topographic Engineer.[1][2] He entered private practice in Tennessee until 1818. He continued private practice inSt. Louis,Missouri Territory (State of Missouri from August 10, 1821) from 1818 to 1822.[3]

Federal judicial service

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Peck was nominated by PresidentJames Monroe on March 26, 1822, to theUnited States District Court for the District of Missouri, to a new seat authorized by 3 Stat. 653. He was confirmed by theUnited States Senate on April 5, 1822, and received his commission the same day. His service terminated on April 29, 1836, due to his death inSt. Charles, Missouri.[3]

Allegations of abuse of power, impeachment and acquittal

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Peck was involved in several land claim cases arising out of theLouisiana territory purchase; in one such case in 1825 he ruled against the client of the lawyerLuke Lawless and published his opinion in a St. Louis newspaper the following year.[4] In response, Lawless posted an anonymous letter rebutting Peck's ruling in another newspaper.[4] The authorship of the letter soon became known and Peck found Lawless in contempt of Court for:[4]

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.[4]

Peck had Lawless placed in jail for 24 hours and removed his right to practice in a federal court for 18 months.[4] Lawless began a crusade against Peck, which included submitting his own memorial for impeachment to the House.[4] This memorial resulted inImpeachment charges before the U.S. House of Representatives.[4]

Peck wasimpeached by theUnited States House of Representatives on April 24, 1830, on a charge of abuse of the contempt power.[4] TheUnited States Senate began hisimpeachment trial on April 26, 1830, and acquitted him on January 31, 1831, with 21 voting guilty and 22 voting not guilty.[3][5][4]

References

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  1. ^Teller, Susan Moore.Adam the Younger 1791-1866 in the War of 1812, The Second American Revolution, chapter onJames Hawkins Peck",Lulu Press, Inc., August 18, 2016, pages 41-42.ISBN 9781365322082
  2. ^Goodpasture, Ernest W."General Nathaniel Taylor and Some Papers Relating to His Service in the War of 1812",The American Historical Magazine and Tennessee Historical Society Quarterly,Tennessee Historical Society, volume 9, number 2, April 1904, page 200. Note: General Nathaniel Taylor commanded the Taylor's Brigade.
  3. ^abcJames Hawkins Peck at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  4. ^abcdefghi"Jonathan Turley, Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, 49 Duke L. J. 1 (1999)". 18 March 2006. Archived fromthe original on 2006-03-18.
  5. ^"govinfo".www.govinfo.gov.

Sources

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Legal offices
New seatJudge of theUnited States District Court for the District of Missouri
1822–1836
Succeeded by
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