On January 13, 1859, the United States House of Representatives authorized the United States House Committee on the Judiciary to investigate charges against Irwin. On January 28, 1859, the House discontinued proceedings on the report that Irwin had resigned. At least 3 different attempts were made by Pittsburgh Bar to secure Irwin's impeachment. Irwin had been charged with partiality toward certain lawyers, with holding needless terms of court and with demanding that the United States Marshal for the Western District of Pennsylvania kick-back a portion of his salary and fees to the Judge. Irwin was also detested by the anti-slavery bar of Western Pennsylvania for the maintenance of the constitutionality of the Fugitive Slave Act of 1850. In the face of almost certain impeachment, Irwin resigned.[3]
Later career and death
Following his resignation from the federal bench, Irwin resumed private practice in Pittsburgh, Pennsylvania from 1859 to 1870.[1] He died on May 14, 1870, in Pittsburgh.[1] He was interred in Allegheny Cemetery in Pittsburgh.[2]