Confederate judge impeached by the US – Tennessee’s West Humphreys

Impeachments of judges and justices don’t really happen all that much in our history. By 1862, only three impeachments had been successful – those of Judge John Pickering (1803), Associate Justice Samuel Chase (1804), and Judge James H. Peck (1830). It was probably with a degree of excitement that the trial of District Judge West H. Humphreys began in the US Senate in 1862.

Established by the Constitution in 1878 and the Judiciary Act of 1789, the Federal judicial system has three tiers – district, circuit, and supreme court. District courts lie (usually) within one state, and the judge for that court usually comes from that state. District courts can only hear cases that deal with federal statutes, the Constitution, or treaties. District court judges are appointed by the President, confirmed by the Senate, and are lifetime appointments. 

 
Many Southern states were divided into more than one district. In Alabama, there was a northern and Southern District. William G. Jones was the judge (appointed by James Buchanan in 1850) of both districts within the state of Alabama. With the creation of the Confederate States of America, Jones resigned his judgeship, effective January 12, 1861, and went on to be appointed a district judge for the Confederate States by Jefferson Davis, serving until the end of the war. It seems that most of the Federal district judges resigned and were later appointed to the same post in the Confederate States by Jefferson Davis: Daniel Ringo (Arkansas); McQueen McIntosh (Florida); John C. Nicoll (Georgia); Theodore H. McCaleb and Henry Boyce (Louisiana – resigned US, neither served as Confederate judges); Samuel J. Gholson (Mississippi); Asa Biggs (North Carolina); Andrew G. Magrath (South Carolina); and James D. Halyburton and John W. Brockenbrough (Virginia). However, Judge William Marvin, Southern District of Florida, and Judge Thomas H. Duval, Texas, did not resign and continued to serve as Federal judges throughout the war years. 

 
Judge West H. Humphreys, Federal judge for both districts in Tennessee, also became a Confederate judge for the state of Tennessee. But it appears that Humphreys missed an important step. He did not actually resign his former job, and the Federal government impeached and convicted him for it.

Humphreys was born in Montgomery County, Tennessee in 1806. His father was a state judge. He attended Transylvania University and then read law. Humphreys was in private practice in Clarksville and Somerville from 1828 until 1839. In 1834, he was a member of the state constitutional convention. He was a member of the General Assembly from 1835 to 1838, Attorney General of Tennessee 1839 to 1851, and reporter for the Tennessee Supreme Court those same years. In 1853, Humphreys was nominated to fill the judge’s seat for the United States District Court for Tennessee by President Franklin Pierce.

On July 25, 1861, Jefferson Davis submitted to the Confederate senate the names of two men to be judges, including West H. Humphreys. Nothing really seems to come of Davis’s nomination of Humphreys. On March 26, 1862, Thomas Bragg again submitted the name of Humphreys to Jefferson Davis to be a district court judge. It appears that the senate confirmed Humphreys on March 29.

Word made its way back to Washington, D.C., that Humphreys had taken the position of a Confederate District Judge. The US House impeached Humphreys and appointed managers on May 7, 1862, to go to the Senate to try Humphreys for “high crimes and misdemeanors.”

On May 8, 1862, the notification of Humphrey’s impeachment reached the US Senate. The Senate convened as a jury on May 22, with Vice President Hannibal Hamlin presiding. There were seven articles of impeachment. Those articles included public speaking “to incite revolt and rebellion” in Nashville, Tennessee, December 29, 1860; that in early 1861 Humphreys “together with other evil-minded persons within said State, openly and unlawfully support, advocate, and agree to an act commonly called an ordinance of secession”; in 1862 he “unlawfully, and in conjunction with other persons, organized armed rebellion against the United States and levy war against them”; disregarded his duties as a Federal judge by refusing to hold district court; deprived Andrew Johnson and John Catron of their property; and had William G. “Parson” Brownlow arrested. The Secretary then issued a summons that Humphreys appear before the Senate to answer these charges on June 9. The Senate then moved to postpone the trial until June 26. With that, the court adjourned.

The sergeant-at-arms of the Senate, George T. Brown, made his way to Nashville, but was unable to find Humphreys. (Chicago Tribune, June 14, 1862) The Senate published ads in three Washington, D.C., and one Nashville, Tennessee, newspapers, summoning Humphreys to the US Senate. The House managers presented their case, including a list of witnesses that included Jacob McGavock, William H. Polk, Horace Maynard, and William G. Brownlow. The witnesses were examined, and the articles of impeachment were gone through. Humphreys never made an appearance, and the Senate impeached him. Humphreys was removed from office and was disqualified from ever holding an office under the United States again.

Information on Humphreys for the remainder of the war is kind of sparse. There are a few mentions in Robinson’s Justice in Grey regarding a couple of cases, but Humphreys, like most Confederate judicial personnel, slips out of the pages of history. We do know that Humphreys was indicted for conspiracy against the government of the United States. Humphreys was able to resume his law practice in 1866, and continued to practice until 1882. He died on October 16, 1882, and is buried in Mount Olivet Cemetery, Nashville, Tennessee.