John Pickering (judge)
Encyclopedia
John Pickering served as Chief Justice of the New Hampshire Superior Court of Judicature and as Judge for the United States District Court for the District of New Hampshire
. He was the first federal official to have been removed from office upon conviction by impeachment
.
Born in Newington, New Hampshire
, Pickering studied law at Harvard College
and was admitted to the bar after graduating in 1761. He was in private practice in Greenland, New Hampshire
and Portsmouth, New Hampshire
until, then served as a member of the New Hampshire State Legislature from 1783 to 1787. In 1787 he was elected to be a member of the New Hampshire delegation to the Constitutional Convention, but he declined to serve, instead returning to private practice of law in Portsmouth from 1788 to 1790. He was appointed in 1790 to the New Hampshire Superior Court where he eventually served as Chief Justice.
In 1795, an attempt to remove Pickering him from the New Hampshire Superior Court due to illness became bogged down in political problems, and therefore the state convinced President George Washington
to appoint him to the relatively low workload post of the Federal District Court. On February 10, 1795, Washington nominated Pickering to a seat on the United States District Court for the District of New Hampshire
vacated by John Sullivan
. The following day, Pickering was confirmed by the United States Senate
and received commission. Pickering assumed the office in April 1795.
Pickering recovered from his illness. In 1800, problems emerged as he was no longer attending court as was expected. On 25 April 1801 court staff wrote to the judges of the federal First Circuit court of appeals
to send a temporary replacement for Pickering on the grounds that he had gone insane. As a stop-gap measure, Circuit Judge Jeremiah Smith
sat for part of the 1801 session of the court. In March 1802, Pickering returned, adjourned the Court's business to the next day and then disappeared again.
Political controversy raged in the Congress with Federalist
s accusing Democratic-Republicans of trying to usurp the Constitution by attempting to remove the Judge from office though he had committed neither high crimes nor misdemeanors as required by the Constitution.
On February 4, 1803, President Thomas Jefferson
sent evidence to the U.S. House of Representatives
, who voted to impeach Pickering on March 2, 1803 on charges of drunkenness and unlawful rulings. The U.S. Senate
tried the impeachment, beginning January 4, 1804, and convicted Pickering of all charges presented by the House by a vote of 19 to 7 on March 12, 1804, thereby immediately removing him from office. He died the following year in Portsmouth, New Hampshire
.
United States District Court for the District of New Hampshire
The United States District Court for the District of New Hampshire is the Federal district court whose jurisdiction comprises the state of New Hampshire. The Warren B. Rudman U.S...
. He was the first federal official to have been removed from office upon conviction by 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....
.
Born in Newington, New Hampshire
Newington, New Hampshire
Newington is a town in Rockingham County, New Hampshire, United States. The population was 753 at the 2010 census. It is bounded to the west by Great Bay, northwest by Little Bay and northeast by the Piscataqua River. It is home to Portsmouth International Airport at Pease , and to the New...
, Pickering studied law at Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
and was admitted to the bar after graduating in 1761. He was in private practice in Greenland, New Hampshire
Greenland, New Hampshire
Greenland is a town in Rockingham County, New Hampshire, United States. The population was 3,549 at the 2010 census. It is drained by the Winnicut River and bounded on the northwest by Great Bay.- History :...
and Portsmouth, New Hampshire
Portsmouth, New Hampshire
Portsmouth is a city in Rockingham County, New Hampshire in the United States. It is the largest city but only the fourth-largest community in the county, with a population of 21,233 at the 2010 census...
until, then served as a member of the New Hampshire State Legislature from 1783 to 1787. In 1787 he was elected to be a member of the New Hampshire delegation to the Constitutional Convention, but he declined to serve, instead returning to private practice of law in Portsmouth from 1788 to 1790. He was appointed in 1790 to the New Hampshire Superior Court where he eventually served as Chief Justice.
In 1795, an attempt to remove Pickering him from the New Hampshire Superior Court due to illness became bogged down in political problems, and therefore the state convinced President George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
to appoint him to the relatively low workload post of the Federal District Court. On February 10, 1795, Washington nominated Pickering to a seat on the United States District Court for the District of New Hampshire
United States District Court for the District of New Hampshire
The United States District Court for the District of New Hampshire is the Federal district court whose jurisdiction comprises the state of New Hampshire. The Warren B. Rudman U.S...
vacated by John Sullivan
John Sullivan
John Sullivan was the third son of Irish immigrants, a United States general in the Revolutionary War, a delegate in the Continental Congress and a United States federal judge....
. The following day, Pickering 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...
and received commission. Pickering assumed the office in April 1795.
Pickering recovered from his illness. In 1800, problems emerged as he was no longer attending court as was expected. On 25 April 1801 court staff wrote to the judges of the federal First Circuit court of appeals
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
to send a temporary replacement for Pickering on the grounds that he had gone insane. As a stop-gap measure, Circuit Judge Jeremiah Smith
Jeremiah Smith
Jeremiah Smith was an American lawyer, jurist and politician from Exeter, New Hampshire.Born in Peterborough, New Hampshire, Smith attended Harvard University before graduating from Queens College, New Brunswick in 1780. He served in the Continental Army, and read law to enter the bar in 1786...
sat for part of the 1801 session of the court. In March 1802, Pickering returned, adjourned the Court's business to the next day and then disappeared again.
Political controversy raged in the Congress with Federalist
Federalist
The term federalist describes several political beliefs around the world. Also, it may refer to the concept of federalism or the type of government called a federation...
s accusing Democratic-Republicans of trying to usurp the Constitution by attempting to remove the Judge from office though he had committed neither high crimes nor misdemeanors as required by the Constitution.
On February 4, 1803, President Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
sent evidence to the U.S. 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...
, who voted to impeach Pickering on March 2, 1803 on charges of drunkenness and unlawful rulings. The U.S. 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...
tried the impeachment, beginning January 4, 1804, and convicted Pickering of all charges presented by the House by a vote of 19 to 7 on March 12, 1804, thereby immediately removing him from office. He died the following year in Portsmouth, New Hampshire
Portsmouth, New Hampshire
Portsmouth is a city in Rockingham County, New Hampshire in the United States. It is the largest city but only the fourth-largest community in the county, with a population of 21,233 at the 2010 census...
.