Draft:Impeachment in Virginia
The constitution of the U.S. state of Virginia grants its legislature the ability to impeach and remove certain officials. An impeachment vote in the Virginia House of Delegates is followed by an impeachment trial in the Virginia Senate through which an official can be removed from office if convicted. State statute also allows for removal of some officials by "legislative recall".
Removal action against Colonial Governor John Harvey in 1635[edit]
In 1635, in what has retrospectively been considered the first impeachment action in the Thirteen Colonies, the Colony of Virginia moved to initiate the removal of its governor, John Harvey.[1][2]
The practice of impeachment had long existed in England, which the colonies were possessed by. Impeachment had fallen out of fashion in England by the mid-15th century, but began to be used again by the Parliament of England in the early 17th century.[3]
Amid a dispute with political rivals, Harvey was accused of having committed a number of fiscally-based abuses of government power.[2] The tension with Harvey arose from dissatisfaction from his Indian land grant and trade policies, his policies on tobacco prices, as well as the friendly relations that he held with the Province of Maryland (including his policies in regards to trade with Maryland).[2][4]
English precedent had been that impeachment could only be done by the English House of Commons. Peter C. Hoffer and N. E. H. Hull have speculated that Virginians were likely inspired by "word of mouth and personal knowledge" of the practice of impeachment in England when they initiated this action. The House of Burgesses and a portion of the Governor's Council's membership wrote a number of articles outlining Harvey's alleged misconduct.[2] Reports indicate that Harvey was accused of illegally preventing letters from Charles I __________________ The Councilors days later arrested Harvey and named a temporary successor governor.[4] Harvey was sent back to England to be tried.[2]
The term "impeachment" is not used in surviving records of the action. Instead, this "thrusting out" of Harvey was referred to by those who undertook it as a "petition of grievances". Harvey's political allies referred to it as a "mutiny.[1] However, regardless of what it was referred to, its function was that of an impeachment. A century later, Sir William Keith, 4th Baronet would refer to this action as having been an "impeachment".[4] Historian Jon Kulka has opined that the action amounted in actuality to a coup. However, Kulka believes that the Governor's Council had genuinely believed they had the legal right to undertake this action.[4]
Seeing the colonists as not possessing the power to initiate such a removal action, the English House of Lords never tried Harvey, and he officially retained his position. Peter C. Hoffer and N. E. H. Hull have speculated that the colonial impeachers, "did not know that only the Commons could impeach."[2]
State impeachment law[edit]
Historical[edit]
https://press-pubs.uchicago.edu/founders/documents/a1_2_5s4.html
Berger, Raoul (July 1970). "Impeachment of Judges and "Good Behavior" Tenure". The Yale Law Journal. 79 (8): 1475. doi:10.2307/795270.
https://core.ac.uk/download/pdf/232792846.pdf
Modern[edit]
Virginia’s constitution
Impeachment of Judge A. B. Carney (1944/45)[edit]
A. B. Carney
https://www.newspapers.com/image/907117418
https://core.ac.uk/download/pdf/232792846.pdf
https://www.newspapers.com/image/907120129
https://www.newspapers.com/image/866607272
https://www.newspapers.com/image/913859820
Other impeachment efforts[edit]
In 1783, a petition was filed to the Governor’s Council requesting the removal of Justice of the Peace J.P. Posey from his office for "misdemeanors, disgraceful to the Character…[of] a Justice of the Peace." The Council did not act this, saying that, "the Law authorizing the Executive to enquire into the Conduct of a Magistrate and determine whether he has or has not committed a certain fact is repugnant to the Act of Government, contrary to the fundamental principles of our constitution, and directly opposite to the general tenure of our Laws." https://www.jstor.org/stable/795270
In July 2013, Democratic State Senator Chap Petersen urged for impeachment to be pursued against Republican Governor Bob McDonnell amid an FBI investigation into alleged corruption by McDonnell. Republican State Delegate Bob Marshall soon joined Petersen in supporting impeachment.[5]
https://scholarship.richmond.edu/cgi/viewcontent.cgi?article=2552&context=lawreview
References[edit]
- ^ a b Hoffer, Peter C.; Hull, N. E. H. (1978). "The First American Impeachments" (PDF). The William and Mary Quarterly. 35 (4): 653–667. doi:10.2307/1923209. ISSN 0043-5597. JSTOR 1923209. Retrieved 28 December 2022.
- ^ a b c d e f "Impeachment in American, 1635-1805". Michigan Law Review. 83 (4). February 1985. Retrieved 14 June 2023.
- ^ "About Impeachment | Historical Overview". www.senate.gov. United States Senate. Retrieved 14 June 2023.
- ^ a b c d Hoffer, Peter Charles; Hull, N. E. H. (1984). "1: Criminal Impeachment in the Colonies, 1635-1699". Impeachment in America, 1635 - 1805. New Haven: Yale Univ. Pr. ISBN 0-300-03053-3.
- ^ St. George, Joe (15 July 2013). "Virginia Democrat calls for McDonnell impeachment". CBS 6 News Richmond WTVR. Retrieved 28 June 2023.
Virginia Virginia Category:Government of Virginia Category:Virginia General Assembly Category:Political history of Virginia