He was confirmed by the United States Senate on April 1, 1890, and received his commission the same day.
He was accused of filing false travel vouchers, improper use of private railroad cars, unlawfully imprisoning two attorneys for contempt, and living outside of his district.
Swayne's impeachment trial lasted 2+1⁄2 months before it ended on February 27, 1905, when the Senate voted acquittal on each of the twelve articles.
The Senate, however, refused to convict Swayne because its members did not believe his peccadilloes amounted to "high crimes and misdemeanors".
Senator George F. Hoar of Massachusetts proposed that the presiding officer should appoint such a committee.