Nixon - Procedure and Guidelines for Impeachment Source: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=99_cong_documents&docid=f:sd33.wais
<DOC> [99th Congress Documents] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:sd33.wais] 99th Congress SENATE Document 2d Session 99-33 _______________________________________________________________________ PROCEDURE AND GUIDELINES FOR IMPEACHMENT TRIALS IN THE UNITED STATES SENATE (REVISED EDITION) PREPARED PURSUANT TO SENATE RESOLUTION 439, 99TH CONGRESS, 2D SESSION SUBMITTED BY SENATOR ROBERT C. BYRD AND SENATOR ROBERT DOLE by FLOYD M. RIDDICK, PARLIAMENTARIAN EMERITUS OF THE UNITED STATES SENATE and ROBERT B. DOVE, PARLIAMENTARIAN OF THE UNITED STATES SENATE [GRAPHIC] [TIFF OMITTED] TONGRESS.#13 August 15, 1986.--Ordered to be printed 99th Congress Document 2d Session SENATE 99-33 _______________________________________________________________________ PROCEDURE AND GUIDELINES FOR IMPEACHMENT TRIALS IN THE UNITED STATES SENATE (REVISED EDITION) PREPARED PURSUANT TO SENATE RESOLUTION 439, 99TH CONGRESS, 2D SESSION SUBMITTED BY SENATOR ROBERT C. BYRD AND SENATOR ROBERT DOLE by FLOYD M. RIDDICK, PARLIAMENTARIAN EMERITUS OF THE UNITED STATES SENATE and ROBERT B. DOVE, PARLIAMENTARIAN OF THE UNITED STATES SENATE [GRAPHIC] [TIFF OMITTED] TONGRESS.#13 August 15, 1986.--Ordered to be printed COMMITTEE ON RULES AND ADMINISTRATION CHARLES McC. MATHIAS, Jr., Maryland, Chairman MARK O. HATFIELD, Oregon WENDELL H. FORD, Kentucky JAMES A. McCLURE, Idaho CLAIBORNE PELL, Rhode Island JESSE HELMS, North Carolina ROBERT C. BYRD, West Virginia JOHN W. WARNER, Virginia DANIEL K. INOUYE, Hawaii ROBERT DOLE, Kansas DENNIS DeCONCINI, Arizona TED STEVENS, Alaska PAUL SIMON, Illinois E.J. (JAKE) GARN, Utah ALBERT GORE, Jr., Tennessee John B. Childers, Staff Director Ann B. Cook, Chief Clerk William McWhorter Cochrane, Minority Staff Director Anthony L. Harvey, Senior Analyst SENATE RESOLUTION 439 June 26 (legislative day, June 23), 1986 Mr. Byrd (for himself and Mr. Dole) submitted the following resolution; which was referred to the Committee on Rules and Administration August 12 (legislative day, August 11), 1986 Reported by Mr. Mathias, with an amendment and an amendment to the title [Strike out all after the resolving clause and insert the part printed in italic] August 15 (legislative day, August 11), 1986 Considered, amended, and agreed to In the Senate of the United States. Resolved, That there be printed a revised edition of Senate Document 93-102, 93d Congress, 2d Session, entitled ``Procedure and Guidelines for Impeachment Trials in the United States Senate,'' as a Senate document and that there be printed, in addition to the usual number of copies of such document, such additional copies as are allowed to be printed under the limitations imposed by section 703 of title 44, United States Code. Attest: Jo-Anne L. Coe, Secretary. C O N T E N T S ---------- Chapter Page I. Constitutional provisions........................................1 II. Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials................................................2 III. Senate Rules.....................................................8 IV. Sequence of events at the beginning of a trial...................9 1. First a message(s) from the House of Representatives is received containing the information that the House has voted impeachment, adopted articles, and appointed managers. The Senate then adopts an order informing the House when it is ready to receive the managers to present the articles of impeachment.................... 9 Trial of-- Halsted L. Ritter.................................. 9 Harold Louderback.................................. 11 Andrew Johnson..................................... 12 2. In some of the recent trials, at this stage of the proceedings, the Senate has adopted resolutions to provide for the payment of expenses of the said trials. 17 3. Managers on the part of the House of Representatives appear in the Senate Chamber and are announced. The Presiding Officer directs them to the seats provided for them and the Sergeant at Arms makes his proclamation. The Chair recognizes the managers to present the articles of impeachment, following a quorum call if one is called for.............................. 18 Trial of-- Halsted L. Ritter.................................. 18 Harold Louderback.................................. 19 Andrew Johnson..................................... 19 4. The managers, after presenting the articles of impeachment, asked the Senate to take order for the trial, and the Presiding Officer informs the managers that the Senate will duly inform the House of Representatives when ready for the trial. The managers after delivering the articles of impeachment withdraw from the Senate........................................ 24 5. After the articles of impeachment have been presented to the Senate, the next step is for the Senate to organize for the trial. The Presiding Officer takes his oath for the trial and then, as in the Ritter trial, administers the oath to the Senators standing at their seats. In the case of the Johnson trial, this procedure was somewhat different since the Chief Justice of the Supreme Court presided................................. 25 6. After the oaths are administered, the Chair directs the Sergeant at Arms to make proclamation for the beginning of the trial and the order for a summons to the respondent is adopted.............................. 27 V. Precedents and practices for impeachment trial..................32 Rules on............................................... 33 Adjourn to time certain................................ 33 Legislative and executive business, unaffected by...... 34 Orders for meeting at different hours.................. 34 Precedence of motions.................................. 34 Amendments............................................... 35 Appeals.................................................. 35 Arguments at the trial: Incidental and interlocutory questions................. 36 Final arguments, limitation on......................... 36 Articles of impeachment: Amendments to.......................................... 37 Form of putting question on............................ 38 Votes and procedures thereon........................... 38 Attendance of Senators at impeachment trial.............. 39 Briefs, when submitted and printed....................... 40 Chief Justice as Presiding Officer: Appeals................................................ 40 Form for putting the question on the articles of impeachment............................................ 40 Vote by................................................ 40 Witnesses examined by.................................. 42 Closed doors............................................. 42 Commission to take deposition of a witness............... 42 Committees in impeachment trials: Use of committees by the Senate in impeachment trials.. 42 Committee appointed to receive evidence................ 43 Congress must be in session during trial................. 44 Counsel for the respondent: Assistants for the counsel allowed on the Floor during the trial.............................................. 44 Improper language by................................... 44 Motion to strike various articles of impeachment made by..................................................... 46 Witness, counsel for the respondent summoned as........ 47 Debate: Orders at the trial.................................... 47 Organizational questions prior to trial and debate thereof................................................ 48 Division of the question: Article not divisible.................................. 49 Articles of impeachment................................ 50 Final Judgment......................................... 50 Evidence: Admissibility of....................................... 51 Determination by presiding officer during impeachment trial.................................................. 52 Leading questions ruled out............................ 52 Presentation of, during final arguments, out of order.. 53 Questions of, submitted to Senate...................... 53 Floor privileges granted to persons to sit with House managers............................................... 53 Galleries: Decorum, cleared to maintain........................... 54 Tickets to during the trial of President Andrew Johnson 54 House of Representatives: Attendance of Members at trial......................... 55 Notification of each day's sitting by the Senate....... 55 Journal.................................................. 55 Leave to print opinions granted.......................... 55 Legislative business permitted to interrupt trial........ 56 Lie over one day, orders................................. 56 Managers and counsel: Appearance of.......................................... 56 Position in Senate Chamber during examination of witnesses.............................................. 57 Proposals of, denied................................... 58 Managers on the part of the House: Assistants allowed Floor privileges.................... 58 Decline to answer Senator's question................... 59 Objections to Senators' questions...................... 59 Selection of by the House.............................. 59 Stand at desk in front of Chair to read articles of impeachment............................................ 60 Motions and orders: Lie over one day....................................... 60 Oaths to Senators: Form of, given each Senator............................ 61 Records kept of Senators taking oaths after trial begins................................................. 61 Senators appearing late, take oath..................... 61 Senators taking oath after trial begins do not take it in legislative session............................... 61 Opening statements: Adoption of the usual order............................ 61 Limitations on......................................... 62 Orders and decisions..................................... 63 Papers filed as evidence returned to District Court...... 63 Points of order.......................................... 63 Presiding Officer: Decisions made by, during trial........................ 63 Duty to expedite trial................................. 64 Forms of addressing, by managers and counsel........... 64 Naming Presiding Officer............................... 65 Putting the question to witnesses, to mangers and counsel, and in writing.............................. 65 The present form and history of Rule X of the Senate sitting for impeachments............................. 65 Quorum: Calls of, in order during trial........................ 68 Quorum for an impeachment trial consists of a quorum of the Senate, and not merely the Members sworn for the trial................................................ 68 Respondent: Answer to articles of impeachment received by Senate... 68 Appearance of and request of time to answer articles... 69 Posted bond, as required............................... 70 Resignation does not render moot the impeachment of the respondent........................................... 71 Witness at own trial, examined and cross-examined...... 71 Witnesses questioned by................................ 71 Secretary of the Senate: Informing the House.................................... 71 Issue orders, mandates, etc............................ 72 Oaths, administration of............................... 72 Reading of motions..................................... 72 Record of proceedings.................................. 73 Subpenas, ordering and serving......................... 73 Senate rules: Senate legislative rules applicable when impeachment rules silent........................................... 73 Supplementary rule..................................... 74 Senators: Disqualification of, in trials failed.................. 76 Excused from participation in trial or from voting..... 77 Witnesses at trial..................................... 78 Witnesses, questioned by Senators........................ 78 Subpenas: Enforcement of......................................... 78 Form of................................................ 79 Signed by Presiding Officer............................ 79 Summons.................................................. 79 Table, motion to......................................... 80 Testimony not limited to a single article................ 80 Vote: Reconsider not in order................................ 80 Two-thirds to convict.................................. 81 Vote required: Majority only, except for conviction.... 81 Use of standing rules.................................. 81 Yeas and nays: Rule XX.............................................. 81 Rule XXIII........................................... 81 Rule XXIV............................................ 81 (Cross references) Witnesses: Attendance............................................. 82 Examination of......................................... 82 Limitation on number of................................ 82 Limited examination of................................. 83 List to be called...................................... 84 Place occupied while testifying........................ 84 Stand while testifying................................. 84 Subpena disregarded, witness admonished................ 85 Subpenas, summoned at public expense................... 85 VI. Sequence of events at the close of a trial......................85 1. Following the completion of the presentation of witnesses and documents, orders were adopted by the Senate setting the time for the final arguments........ 85 2. After the completion of final arguments, the Senate went into closed session for deliberation of the question............................................... 86 3. Either during or after deliberation behind closed doors in the trials cited below, the Senate adopted orders setting a date and time, and the method, for voting on the articles of impeachment.................. 88 4. Provision was also made for the filing of opinions following the votes by individual Senators............. 92 5. At the arrival of the time set by previous order, the Secretary read the first article of impeachment to be voted on, followed by the Clerk calling the roll....... 92 6. Following the vote on each article, the Presiding Officer pronounces the decision. Once the judgment of the Senate has been pronounced on the articles of impeachment, the trial might progress in two ways. If the respondent was found not guilty on all charges, the verdict of acquittal was announced and the Senate sitting as a Court of Impeachment adjourned sine die. If the respondent was found guilty of any of the charges, the judgment of removal and possible disqualification from ever holding an office of trust or profit under the United States was presented........ 93 All articles need not be voted on...................... 97 Motion to reconsider not in order...................... 97 7. Following the verdict of guilty or not guilty, or the pronouncement of judgment, and the disposition of the disqualification from holding office of trust or profit, if presented, the Senate sitting as a Court of Impeachment adjourned Sine Die......................... 98 PROCEDURE AND GUIDELINES FOR IMPEACHMENT TRIALS IN THE UNITED STATES SENATE I. CONSTITUTIONAL PROVISIONS The provisions of the United States Constitution which apply specifically to impeachment are as follows: Article I; Section 2, Clause 5 The House of Representatives . . . shall have the sole Power of Impeachment. Article I; Section 3, Clauses 6 and 7 The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Article II; Section 2, Clause 1 The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. Article II; Section 4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article III; Section 2, Clause 3 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; . . . II. RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately inform the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment, agreeably to such notice. II. When the managers of an impeachment shall be introduced at the bar of the Senate and shall signify that they are ready to exhibit articles of impeachment against any person, the Presiding Officer of the Senate shall direct the Sergeant at Arms to make proclamation, who shall, after making proclamation, repeat the following words, viz: ``All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against ------ ------ ''; after which the articles shall be exhibited, and then the Presiding Officer of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives. III. Upon such articles being presented to the Senate, the Senate shall, at 1 o'clock after noon of the day (Sunday excepted) following such presentation, or sooner if ordered by the Senate, proceed to the consideration of such articles and shall continue in session from day to day (Sundays excepted) after the trial shall commence (unless otherwise ordered by the Senate) until final judgment shall be rendered, and so much longer as may, in its judgment, be needful. Before proceeding to the consideration of the articles of impeachment, the Presiding Officer shall administer the oath hereinafter provided to the Members of the Senate then present and to the other Members of the Senate as they shall appear, whose duty it shall be to take the same. IV. When the President of the United States or the Vice President of the United States, upon whom the powers and duties of the Office of President shall have devolved, shall be impeached, the Chief Justice of the United States shall preside; and in a case requiring the said Chief Justice to preside notice shall be given to him by the Presiding Officer of the Senate of the time and place fixed for the consideration of the articles of impeachment, as aforesaid, with a request to attend; and the said Chief Justice shall be administered the oath by the Presiding Officer of the Senate and shall preside over the Senate during the consideration of said articles and upon the trial of the person impeached therein. V. The Presiding Officer shall have power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, writs, and precepts authorized by these rules or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide. VI. The Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, precepts, and judgments, to preserve order, and to punish in a summary waycontempts of, and disobedience to, its authority, orders, mandates, writs, precepts, or judgments, and to make all lawful orders, rules, and regulations which it may deem essential or conducive to the ends of justice. And the Sergeant at Arms, under the direction of the Senate, may employ such aid and assistance as may be necessary to enforce, execute, and carry into effect the lawful orders, mandates, writs, and precepts of the Senate. VII. The Presiding Officer of the Senate shall direct all necessary preparations in the Senate Chamber, and the Presiding Officer on the trial shall direct all the forms of proceedings while the Senate is sitting for the purpose of trying an impeachment, and all forms during the trial not otherwise specially provided for. And the Presiding Officer on the trial may rule on all questions of evidence including, but not limited to, questions of relevancy, materiality, and redundancy of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless some Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision without debate; or he may at his option, in the first instance, submit any such question to a vote of the Members of the Senate. Upon all such questions the vote shall be taken in accordance with the Standing Rules of the Senate. VIII. Upon the presentation of articles of impeachment and the organization of the Senate as hereinbefore provided, a writ of summons shall issue to the person impeached, reciting said articles, and notifying him to appear before the Senate upon a day and at a place to be fixed by the Senate and named in such writ, and file his answer to said articles of impeachment, and to stand to and abide the orders and judgments of the Senate thereon; which writ shall be served by such officer or person as shall be named in the precept thereof, such number of days prior to the day fixed for such appearance as shall be named in such precept, either by the delivery of an attested copy thereof to the person impeached, or if that cannot conveniently be done, by leaving such copy at the last known place of abode of such person, or at his usual place of business in some conspicuous place therein; or if such service shall be, in the judgment of the Senate, impracticable, notice to the person impeached to appear shall be given in such other manner, by publication or otherwise, as shall be deemed just; and if the writ aforesaid shall fail of service in the manner aforesaid, the proceedings shall not thereby abate, but further service may be made in such manner as the Senate shall direct. If the person impeached, after service, shall fail to appear, either in person or by attorney, on the day so fixed thereof as aforesaid, or, appearing, shall fail to file his answer to such articles of impeachment, the trial shall proceed, nevertheless, as upon a plea of not guilty. If a plea of guilty shall be entered, judgment may be entered thereon without further proceedings. IX. At 12:30 o'clock afternoon of the day appointed for the return of the summons against the person impeached, the legislative and executive business of the Senate shall be suspended, and the Secretary of the Senate shall administer an oath to the returning officer in the form following, viz: ``I, ------ ------, do solemnly swear that the return made by me upon the process issued on the ------ ------ day of ------, by the Senate of the United States, against ------ ------ is truly made, and that I have performed such service as therein described: So help me God.'' Which oath shall be entered at large on the records. X. The person impeached shall then be called to appear and answer the articles of impeachment against him. If he appears, or any person for him, the appearance shall be recorded, stating particularly if by himself, or by agent or attorney, naming the person appearing and the capacity in which he appears. If he do not appear, either personally or by agent or attorney, the same shall be recorded. XI. That in the trial of any impeachment the Presiding Officer of the Senate, if the Senate so orders, shall appoint a committee of Senators to receive evidence and take testimony at such times and places as the committee may determine, and for such purpose the committee so appointed and the chairman thereof, to be elected by the committee, shall (unless otherwise ordered by the Senate) exercise all the powers and functions conferred upon the Senate and the Presiding Officer of the Senate, respectively, under the rules of procedure and practice in the Senate when sitting on impeachment trials. Unless otherwise ordered by the Senate, the rules of procedure and practice in the Senate when sitting on impeachment trials shall govern the procedure and practice of the committee so appointed. The committee so appointed shall report to the Senate in writing a certified copy of the transcript of the proceedings and the testimony had and given before such committee, and such report shall be received by the Senate and the evidence so received and the testimony so taken shall be considered to all intents and purposes, subject to the right of the Senate to determine competency, relevancy, and materiality, as having been received and taken before the Senate, but nothing herein shall prevent the Senate from sending for any witness and hearing his testimony in open Senate, or by order of the Senate having the entire trial in open Senate. XII. At 12:30 o'clock afternoon, or at such other hour as the Senate may order, of the day appointed for the trial of an impeachment, the legislative and executive business of the Senate shall be suspended, and the Secretary shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment of ------ ------, in the Senate Chamber. XIII. The hour of the day at which the Senate shall sit upon the trial of an impeachment shall be (unless otherwise ordered) 12 o'clock m.; and when the hour shall arrive, the Presiding Officer upon such trial shall cause proclamation to be made, and the business of the trial shall proceed. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate; but on such adjournment the Senate shall resume the consideration of its legislative and executive business. XIV. The Secretary of the Senate shall record the proceedings in cases of impeachment as in the case of legislative proceedings, and the same shall be reported in the same manner as the legislative proceedings of the Senate. XV. Counsel for the parties shall be admitted to appear and be heard upon an impeachment. XVI. All motions, objections, requests, or applications whether relating to the procedure of the Senate or relating immediately to the trial (including questions with respect to admission of evidence or other questions arising during the trial) made by the parties or their counsel shall be addressed to the Presiding Officer only, and if he, or any Senator, shall require it, they shall be committed to writing, and read at the Secretary's table. XVII. Witnesses shall be examined by one person on behalf of the party producing them, and then cross-examined by one person on the other side. XVIII. If a Senator is called as a witness, he shall be sworn, and give his testimony standing in his place. XIX. If a Senator wishes a question to be put to a witness, or to a manager, or to counsel of the person impeached, or to offer a motion or order (except a motion to adjourn), it shall be reduced to writing, and put by the Presiding Officer. The parties or their counsel may interpose objections to witnesses answering questions propounded at the request of any Senator and the merits of any such objection may be argued by the parties or their counsel. Ruling on any such objection shall be made as provided in Rule VII. It shall not be in order for any Senator to engage in colloquy. XX. At all times while the Senate is sitting upon the trial of an impeachment the doors of the Senate shall be kept open, unless the Senate shall direct the doors to be closed while deliberating upon its decisions. A motion to close the doors may be acted upon without objection, or, if objection is heard, the motion shall be voted on without debate by the yeas and nays, which shall be entered on the record. XXI. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour (unless the Senate otherwise orders) on each side. XXII. The case, on each side, shall be opened by one person. The final argument on the merits may be made by two persons on each side (unless otherwise ordered by the Senate upon application for that purpose), and the argument shall be opened and closed on the part of the House of Representatives. XXIII. An article of impeachment shall not be divisible for the purpose of voting thereon at any time during the trial. Once voting has commenced on an article of impeachment, voting shall be continued until voting has been completed on all articles of impeachment unless the Senate adjourns for a period not to exceed one day or adjourns sine die. On the final question whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of the Members present, a judgment of acquittal shall be entered; but if the person impeached shall be convicted upon any such article by the votes of two-thirds of the Members present, the Senate may proceed to the consideration of such other matters as may be determined to be appropriate prior to pronouncing judgment. Upon pronouncing judgment, a certified copy of such judgment shall be deposited in the office of the Secretary of State. A motion to reconsider the vote by which any article of impeachment is sustained or rejected shall not be in order. Form of putting the question on each article of impeachment The Presiding Officer shall first state the question; thereafter each Senator, as his name is called, shall rise in his place and answer: guilty or not guilty. XXIV. All the orders and decisions may be acted upon without objection, or, if objection is heard, the orders and decisions shall be voted on without debate by yeas and nays, which shall be entered on the record, subject, however, to the operation of Rule VII, except when the doors shall be closed for deliberation, and in that case no Member shall speak more than once on one question, and for not more than ten minutes on an interlocutory question, and for not more than fifteen minutes on the final question, unless by consent of the Senate, to be had without debate; but a motion to adjourn may be decided without the yeas and nays, unless they be demanded by one-fifth of the Members present. The fifteen minutes herein allowed shall be for the whole deliberation on the final question, and not on the final question on each article of impeachment. XXV. Witnesses shall be sworn in the following form, viz: ``You, ------ ------, do swear (or affirm, as the case may be) that the evidence you shall give in the case now pending between the United States and ------ ------, shall be the truth, the whole truth, and nothing but the truth: so help you God.'' Which oath shall be administered by the Secretary, or any other duly authorized person. Form of a subpena to be issued on the application of the managers of the impeachment, or of the party impeached, or of his counsel To ------ ------, greeting: You and each of you are hereby commanded to appear before the Senate of the United States, on the ------ day of ------, at the Senate Chamber in the city of Washington, then and there to testify your knowledge in the cause which is before the Senate in which the House of Representatives have impeached -- ---- ------. Fail not. Witness ------ ------, and Presiding Officer of the Senate, at the city of Washington, this ------ day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate. Form of direction for the service of said subpena The Senate of the United States to ------ ------, greeting: You are hereby commanded to serve and return the within subpena according to law. Dated at Washington, this ------ day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Secretary of the Senate. Form of oath to be administered to the Members of the Senate and the Presiding Officer sitting in the trial of impeachments ``I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of ---- -- ------, now pending, I will do impartial justice according to the Constitution and laws: So help me God.'' Form of summons to be issued and served upon the person impeached The United States of America, ss: The Senate of the United States to ------ ------, greeting: Whereas the House of Representatives of the United States of America did, on the ------ day of ------, exhibit to the Senate articles of impeachment against you, the said ------ -- ----, in the words following: [Here insert the articles] And demand that you, the said ------ ------, should be put to answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be thereupon had as are agreeable to law and justice. You, the said ------ ------, are therefore hereby summoned to be and appear before the Senate of the United States of America, at their Chamber in the city of Washington, on the -- ---- day of ------, at o'clock ------, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the United States shall make in the premises according to the Constitution and laws of the United States. Hereof you are not to fail. Witness ------ ------, and Presiding Officer of the said Senate, at the city of Washington, this ------ day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate. Form of precept to be indorsed on said writ of summons The United States of America, ss: The Senate of the United States to ------ ------, greeting: You are hereby commanded to deliver to and leave with ---- -- ------, if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this precept; and in whichsoever way you perform the service, let it be done at least ------ days before the appearance day mentioned in the said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon indorsed, on or before the appearance day mentioned in the said writ of summons. Witness ------ ------, and Presiding Officer of the Senate, at the city of Washington, this ------ day of ------ in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate. All process shall be served by the Sergeant at Arms of the Senate, unless otherwise ordered by the Senate. XXVI. If the Senate shall at any time fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration. III. SENATE RULES Senate Legislative Rules Applicable When Impeachment Rules Are Silent: On April 11, 1868, during the trial of President Johnson, objection was heard to a motion from the floor by a Senator and the Chief Justice ruled that objection forced a motion to lie over one day. At this point the following colloquy occurred: Mr. Trumbull. An objection does not carry it over, does it? The Chief Justice. The Chair thinks it does. Mr. Trumbull. It does not change the rule. The rule provides for this very thing being done, if the Senate choose to allow it. Mr. Conkling. Mr. President, may I inquire under what rule of the Senate thus organized it is that this motion lies over upon the objection of a single Senator? The Chief Justice. The Chief Justice in conducting the business of the court adopts for his general guidance the rules of the Senate sitting in legislative session as far as they are applicable. That is the ground of his decision. Likewise, a few days later, an order was sent to the Chair and objection was heard to its immediate consideration. The Chief Justice stated: Objection is made. The order will lie over for one day. Mr. Sumner. I beg leave most respectfully to inquire under what rule such an objection can be made. The Chief Justice. The Chief Justice stated on Saturday that in conducting the business of the court he applied, as far as they were applicable, the general rules of the Senate. This has been done upon several occasions, and when objection has been made orders have been laid over to the next day for consideration. IV. SEQUENCE OF EVENTS AT THE BEGINNING OF A TRIAL \1\ 1. First a Message(s) From the House of Representatives Is Received Containing the Information that the House Has Voted Impeachment, Adopted Articles, and Appointed Managers. The Senate Then Adopts an Order Informing the House When It Is Ready To Receive the Managers To Present the Articles of Impeachment The procedures utilized by the House of Representatives in voting impeachment and adopting articles of impeachment have varied particularly as to time sequence,\1\ and this of necessity has forced the Senate to vary in its preliminaries to getting an impeachment trial underway. However, the general procedure utilized by the Senate is illustrated below from the selected cases of the trial of Judge Halsted L. Ritter, Judge Harold Louderback, and President Andrew Johnson. --------------------------------------------------------------------------- \1\ These steps basically follow the Ritter trial in 1936, but exceptions and collaborating information are also included in order to make it a general guide for any impeachment trial. --------------------------------------------------------------------------- [The various procedures utilized by the House of Representatives in voting impeachment are illustrated by the following: Trial of Halsted L. Ritter On Monday, March 2, 1936, Mr. Sumners of Texas, by direction of the Committee on the Judiciary, called up the following privileged resolution (H. Res. 422): Resolved, That Halsted L. Ritter, who is a United States district judge for the southern district of Florida, be impeached for misbehavior, and for high crimes and misdemeanors; and that the evidence heretofore taken by the subcommittee of the Committee on the Judiciary of the House of Representatives under House Resolution 163 of the Seventy-third Congress sustains articles of impeachment, which are hereinafter set out; and that the said articles be, and they are hereby, adopted by the House of Representatives, and that the same shall be exhibited to the Senate in the following words and figures, to wit: Articles of impeachment of the House of Representatives of the United States of America in the name of themselves and of all of the people of the United States of America against Halsted L. Ritter, who was appointed, duly qualified, and commissioned to serve, during good behavior in office, as United States district judge for the southern district of Florida, on February 15, 1929. . . . (March 2, 1936, 74-2, House Journal, p. 193.) The articles of impeachment followed in the body of the resolution, and a single vote was taken on the question of both impeachment and adoption of the articles. This procedure in the House of Representatives for impeaching and adopting the articles of impeachment in a single resolution has been used since 1904 (see the case of Harold Louderback, February 24, 1933, 72-2, House Journal, p. 303; the case of George W. English, March 30, 1926, 69-1, House Journal, p. 434, in which a separate vote on article 1 of the articles, of impeachment was obtained; and the case of Robert W. Archbald, July 11, 1912, 62-2, House Journal, p. 854). Prior to 1904, the impeachment process and their drafting of articles of impeachment and their adoption were all separate procedures. In the case of William Blount, the House voted a resolution of impeachment on July 7, 1797 (July 7, 1797, 5-1, House Journal, p. 72). The committee to draft articles of impeachment was appointed the following day, July 8, 1797 (July 8, 1797, 5- 1, House Journal, p. 96), and the articles of impeachment were agreed to January 29, 1798 (January 29, 1798, 5-2, House Journal, pp. 151-53). In the case of John Pickering, the House voted a resolution of impeachment on March 3, 1803 (March 3, 1803, 7-2, House Journal, p. 383). The committee was appointed to prepare articles of impeachment on October 20, 1803 (October 20, 1803, 8-1, House Journal, p. 411), and the articles of impeachment were agreed to December 30, 1803 (December 30, 1803, 8-1, House Journal, pp. 507-09). In the case of Samuel Chase, the House voted its resolution of impeachment on March 12, 1804 (March 12, 1804, 8-1, House Journal, p. 643). The committee was appointed to draft articles of impeachment on March 13, 1804 (March 13, 1804, 8-1, House Journal, p. 645), and the articles were agreed to December 4, 1804 (December 4, 1804, 8-2, House Journal, pp. 34-43). The resolution of impeachment of James H. Peck was voted in the House of Representatives April 24, 1830, and on the same day a committee was appointed to draft articles of impeachment (April 24, 1830, 21-1, House Journal, p. 565). The articles of impeachment were adopted May 1, 1830 (May 1, 1830, 21-1, House Journal, p. 592). The impeachment resolution of West H. Humphreys was agreed to May 6, 1862 (May 6, 1862, 37-2, House Journal, p. 646). The committee was appointed to prepare articles on May 14, 1862 (May 14, 1862, 37-2, House Journal, p. 684), and the articles of impeachment were agreed to on May 19, 1862 (May 19, 1862, 37-2, House Journal, p. 712). In the case of President Andrew Johnson, the House voted the resolution of impeachment February 24, 1868 (February 24, 1868, 40-2, House Journal, p. 392). The committee to draft articles of impeachment was appointed the same day (February 24, 1868, 40-2, House Journal, p. 393). The articles of impeachment were agreed to on March 2, 1868 (March 2, 1868, 40-2, House Journal, pp. 440-51). In the case of William W. Belknap, the resolution was voted in the House on March 2, 1876 (March 2, 1876, 44-1, House Journal, p. 496). The committee was appointed the same day (March 2, 1876, 44-1, House Journal, p. 496), and the articles of impeachment were agreed to April 3, 1876 (April 3, 1876, 44-1, House Journal, pp. 726-33). In the impeachment of Charles Swayne, a resolution of impeachment was agreed to in the House December 12, 1904 (December 12, 1904, 58-3, House Journal, p. 51). The committee to draft the articles was appointed the same day (December 12, 1904, 58-3, House Journal, p. 51). The articles of impeachment were agreed to January 18, 1905 (January 18, 1905, 58-3, House Journal, pp. 158-62).] On Monday, March 9, 1936 (Legislative day of Monday, February 24, 1936), following the approval of the Journal, a message from the House of Representatives, by Mr. Haltigan, one of its readingclerks, informed the Senate that the House had impeached for high crimes and misdemeanors Halsted L. Ritter, United States district judge for the southern district of Florida, and that the House had adopted articles of impeachment against said Halsted L. Ritter, judge as aforesaid, which the managers on the part of the House had been directed to carry to the Senate, and that Hatton W. Sumners, Randolph Perkins, and Sam Hobbs, Members of the House, had been appointed such managers.\2\ --------------------------------------------------------------------------- \2\ March 9, 1936, 74-2, Journal, p. 473. --------------------------------------------------------------------------- The message, subsequently that day, was laid before the Senate by the Presiding Officer and an order was immediately adopted to inform the House that the Senate would receive managers at 1:00 p.m. on the following day to exhibit the articles of impeachment as follows: Ordered, That the Secretary inform the House of Representatives that the Senate is ready to receive the managers appointed by the House for the purpose of exhibiting articles of impeachment against Halsted L. Ritter, United States district judge for the southern district of Florida, agreeably to the notice communicated to the Senate, and that at the hour of 1 o'clock p.m. on Tuesday, March 10, 1936, the Senate will receive the honorable managers on the part of the House of Representatives, in order that they may present and exhibit the said articles of impeachment against the said Halsted L. Ritter, United States district judge for the southern district of Florida.\3\ --------------------------------------------------------------------------- \3\ Senate Journal, 74-2, March 9, 1936, p. 473. --------------------------------------------------------------------------- Trial of Harold Louderback On Tuesday, February 28, 1933, during the consideration of a conference report, the following message from the House of Representatives was received: Mr. President: The House of Representatives has passed the following resolution (H. Res. 403), which I am directed to communicate to the Senate: Resolved, That a message be sent to the Senate to inform them that this House has impeached Harold Louderback, United States district judge for the northern district of California, for misdemeanors in office, and that the House has adopted articles of impeachment against said Harold Louderback, judge as a foresaid, which the managers on the part of the House have been directed to carry to the Senate, and that Hatton W. Sumners, Gordon Browning, Malcolm C. Tarver, Fiorello H. LaGuardia, and Charles I. Sparks, Members of this House, have been appointed such managers.\4\ --------------------------------------------------------------------------- \4\ February 28, 1933, 72-2, Journal, p. 299. --------------------------------------------------------------------------- Shortly after the message was received, the matter being laid before the Senate, an order was adopted to inform the House of Representatives that the Senate was ready to receive the managers to exhibit the articles of impeachment as follows: Ordered, That the Secretary inform the House of Representatives that the Senate is ready to receive the managers appointed by the House for the purpose of exhibiting articles of impeachment against Harold Louderback, United States district judge for the northern district of California, agreeably to the notice communicated to the Senate.\5\ --------------------------------------------------------------------------- \5\ February 28, 1933, 72-2, Senate Journal, p. 299. --------------------------------------------------------------------------- Trial of Andrew Johnson On Tuesday, February 25, 1868, during the morning business, the Senate received the following message from the House of Representatives: Mr. President: The House of Representatives has passed the following resolution, which I am directed to communicate to the Senate: Resolved, That a committee of two be appointed to go to the Senate, and, at the bar thereof, in the name of the House of Representatives and of all the people of the United States, to impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same; and that the committee do demand that the Senate take order for the appearance of said Andrew Johnson to answer to said impeachment. Ordered, That Mr. Thaddeus Stevens and Mr. John A. Bingham be appointed to such committee.<SUP>5a</SUP> --------------------------------------------------------------------------- \5a\ February 25, 1868, 40-2, Senate Journal, p. 217. --------------------------------------------------------------------------- At this point the Senate continued with legislative business and while a Senator was addressing the Chair, the Sergeant at Arms announced a committee from the House of Representatives, Mr. Thaddeus Stevens and Mr. John A. Bingham, who appeared at the bar of the Senate and delivered the following message: Mr. President: By order of the House of Representatives we appear at the bar of the Senate, and in the name of the House of Representatives, and of all the people of the United States, we do impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office; and we do further inform the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same; and in their name we do demand that the Senate take order for the appearance of the said Andrew Johnson to answer to said impeachment. The President of the Senate pro tempore replied that the Senate would take order in the premises, and the committee withdrew.\6\ --------------------------------------------------------------------------- \6\ February 25, 1868, 40-2, Journal, p. 217. --------------------------------------------------------------------------- The above message was referred to a select committee which made a report on the following day, immediately after which the Senate adopted the following order making ready for receiving the articles of impeachment: Whereas the House of Representatives on the twenty- fifth day of the present month, by two of their members, Messrs. Thaddeus Stevens and John A. Bingham, at the bar of the Senate, impeached Andrew Johnson, President of the United States, of high crimes and misdemeanors in office; and informed the Senate that the House of Representatives will, indue time, exhibit particular articles of impeachment against him, and make good the same; and likewise demanded that the Senate take order for the appearance of said Andrew Johnson to answer to the said impeachment: Therefore, Resolved, That the Senate will take proper order thereon, of which due notice shall be given to the House of Representatives.\7\ --------------------------------------------------------------------------- \7\ February 26, 1868, 40-2, Senate Journal, p. 794. --------------------------------------------------------------------------- There were slight variations from the above procedures in some of the other impeachment trials held by the Senate as set forth below. [Briefly, the procedure for each of the other cases follows: Trial of George W. English On Tuesday, April 6, 1926 (Legislative day of April 5, 1926), during the consideration of a resolution declaring Daniel F. Steck to be the duly elected Senator from the State of Iowa, the following message from the House was received: Mr. President: The House of Representatives has passed the following resolution, which I am directed to communicate to the Senate: Resolved, That a message be sent to the Senate to inform them that this House has impeached George W. English, United States district judge for the Eastern District of Illinois, for misdemeanors in office, and that the House has adopted articles of impeachment against said George W. English, judge as aforesaid, which the managers on the part of the House have been directed to carry to the Senate, and that Earl C. Michener, W. D. Boies, Ira G. Gersey, C. Ellis Moore, George R. Stobbs, Hatton W. Sumners, Andrew J. Montague, John N. Tilman, and Fred H. Dominick, Members of this House, have been appointed such managers. (April 5, 1926, 69-1, Journal, p. 268.) Trial of Robert W. Archbald On Saturday, July 13, 1912 (Legislative day of July 6, 1912), during the morning business, the Senate received the following message from the Chief Clerk of the House: Mr. President: The House of Representatives has passed the following resolution, which I am directed to communicate to the Senate: Resolved, That a message be sent to the Senate to inform them that this House has impeached, for high crimes and misdemeanors, Robert W. Archbald, circuit judge of the United States Commerce Court, and that the House adopted articles of impeachment against said Robert W. Archbald, judge as aforesaid, which the managers on the part of the House have been directed to carry to the Senate, and that Henry D. Clayton, of Alabama; Edwin Y. Webb, of North Carolina, John C. Floyd, of Arkansas; John W. Davis of West Virginia; John A. Sterling, of Illinois; Paul Howland, of Ohio; and George W. Norris, of Nebraska, Members of this House, have been appointed such managers. (July 6, 1912, 62-2, Journal, p. 452.) Trial of Charles Swayne On Wednesday, December 14, 1904, after consideration of bills on the Calendar under Rule VIII, the Senate received the following message from the House: Mr. President: The House of Representatives has passed the following resolution, which I am directed to communicate to the Senate: Resolved, That a committee of five be appointed to go to the Senate and, at the bar thereof, in the name of the House of Representatives and of all the people of the United States, to impeach Charles Swayne, judge of the district court of the United States for the northern district of Florida, of high crimes and misdemeanors in office, and to acquaint the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him and make good the same, and that the committee do demand that the Senate take order for the appearance of said Charles Swayne to answer said impeachment. The appointment of Mr. Palmer of Pennsylvania, Mr. Jenkins of Wisconsin, Mr. Gillett of California, Mr. Clayton of Alabama, and Mr. Smith of Kentucky, members of said committee by the Speaker was announced. At this point the Sergeant at Arms announced the presence of the committee from the House of Representatives, and the following ensued: The President pro tempore. The Senate will receive the committee from the House of Representatives. The committee from the House of Representatives was escorted by the Sergeant at Arms (D. M. Ransdell) to the area in front of the Vice President's desk, and its chairman, Mr. Palmer said: Mr. President, in obedience to the order of the House of Representatives we appear before you, and in the name of the House of Representatives and of all the people of the United States of America we do impeach Charles Swayne, judge of the district court of the United States for the northern district of Florida, of high crimes and misdemeanors in office; and we do further inform the Senate that the House of Representatives will in due time exhibit articles of impeachment against him and make good the same. And in their name we demand that the Senate shall take order for the appearance of the said Charles Swayne to answer the said impeachment. The President pro tempore stated that the Senate would take proper order in the premises, notice of which would be given to the House. The committee of the House of Representatives thereupon retired from the Chamber. (December 14, 1904, 58-3, Journal, pp. 38-39.) Trial of William W. Belknap On Friday, March 3, 1876, following the introduction of bills and resolution, the following message from the House was presented: Mr. President: The House of Representatives has passed the following resolution, which I am directed to communicate to the Senate: Resolved, That a committee of five members of this House be appointed and instructed to proceed immediately to the bar of the Senate, and there impeach William W. Belknap, late Secretary of War, in the name of the House of Representatives and of all the people of the United States of America, of high crimes and misdemeanors while in office, and to inform that body that formal articles of impeachment will in due time be presented, and to request the Senate to take such order in the premises as they deem appropriate. Ordered, That Mr. Heister Clymer, Mr. William M. Robbins, Mr. Joseph C. S. Blackburn, Mr. Lyman K. Bass, and Mr. Lorenzo Danford be the committee aforesaid. The committee aforesaid then proceeded to the bar of the Senate and delivered the following message: Mr. President: In obedience to the order of the House of Representatives we appear before you, and, in the name of the House of Representatives and of all the people of the United States of America, we do impeach William W. Belknap, late Secretary of War of the United States, of high crimes and misdemeanors in office; and we further inform the Senate that the House of Representatives will in due time exhibit articles of impeachment against him and make good the same; and, in their name, we demand that the Senate shall take order for the appearance of said William W. Belknap to answer said impeachment. The President pro tempore replied that the Senate would take order in the premises; and the committee withdrew. (March 3, 1876, 44-1, Journal, p. 271.) Trial of West H. Humphreys On Wednesday, May 7, 1862, during the consideration of legislative business, the following message from the House was announced: Resolved, That a committee of two be appointed to go to the Senate, and, at the bar thereof, in the name of the House of Representatives, and of all the people of the United States, to impeach West H. Humphreys, judge of the district court of the United States for the several districts of Tennessee, of high crimes and misdemeanors, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same, and that the committee do demand that the Senate take order for the appearance of said West H. Humphreys to answer to said impeachment. The Speaker, in accordance with the foregoing resolution, appointed Mr. John A. Bingham and Mr. George H. Pendleton the said committee. The committee aforesaid then proceeded to the bar of the Senate to deliver the following message: Mr. President: By order of the House of Representatives we appear at the bar of the Senate, and in the name of the House of Representatives, and of the people of the United States, we do impeach West H. Humphreys, judge of the district court of the United States for the several districts of Tennessee, of high crimes and misdemeanors; and we do further inform the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same; and in their name we do demand that the Senate take order for the appearance of said West H. Humphreys to answer to said impeachment. The President of the Senate replied that the Senate would take order in the premises, and the committee withdrew. (May 7, 1862, 37-2, Journal, pp. 454-55.) Trial of James H. Peck On Monday, April 26, 1830, during the consideration of various legislation, the following message from the House of Representatives was announced by two of their members, Mr. Buchanan and Mr. Henry R. Storrs, as follows: Mr. President: We have been directed, in the name of the House of Representatives, and of all the people of the United States, to impeach James H. Peck, Judge of the District Court of the United States for the District of Missouri, of high misdemeanors in office; and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. We have also been directed to demand that the Senate take order for the appearance of said James H. Peck, to answer to said impeachment. And they withdrew. (April 26, 1830, 21-1, Journal, p. 269.) Trial of Samuel Chase On Tuesday, March 13, 1804, during the conduct of routine business, a message was received from the House of Representatives by Messrs. J. Randolph and Early, two of their members. Mr. President: We are ordered, in the name of the House of Representatives and of all the People of the United States, to impeach Samuel Chase, one of the associate justices of the Supreme Court of the United States, of high crimes and misdemeanors; and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. We are also ordered to demand that the Senate take order for the appearance of the said Samuel Chase, to answer to the said impeachment. And they withdrew. (March 13, 1804, 8-1, Journal, p. 374.) Trial of John Pickering On Thursday, March 3, 1803, during the conduct of legislative business, a message was received from the House of Representatives by Mr. Nicholson and Mr. Randolph, two of the members of said House, in the words following: Mr. President: We are commanded in the name of the House of Representatives and of all the people of the United States, to impeach John Pickering, judge of the district court of the district of New Hampshire, of high crimes and misdemeanors; and to acquaint the Senate, that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. We are further commanded, to demand that the Senate take order for the appearance of the said John Pickering to answer to the said impeachment. And they withdrew. (March 3, 1803, 7-2, Journal, p. 284.) Trial of William Blount On Friday, July 7, 1797, during the conduct of routine business, a message was received from the House of Representatives, by Mr. Sitgreaves, one of their members, in the words following: Mr. President: I am commanded, in the name of the House of Representatives, and of all the people of the United States, to impeach William Blount, a Senator of the United States, of high crimes and misdemeanors; and to acquaint the Senate, that the House of Representatives will in due time, exhibit particular articles against him, and make good the same. I am further commanded, to demand, that the said William Blount be sequestered from his seat in the Senate; and that the Senate do take order for his appearance, to answer the said impeachment. And he withdrew. (July 7, 1797, 5-1, Journal, p. 388.)] 2. In Some of the Recent Trials, at This Stage of the Proceedings, the Senate Has Adopted Resolutions To Provide for the Payment of Expenses of the Said Trials In the trial of Halsted L. Ritter in 1936, the Senate adopted an initial resolution providing for $5,000,\8\ and later adopted a supplemental resolution providing an additional $15,000 for such expenses.\9\ --------------------------------------------------------------------------- \8\ March 9, 1936, 74-2, Senate Journal, p. 473. \9\ March 31, 1936, 74-2, Senate Journal, p. 483. --------------------------------------------------------------------------- The form of such resolution is as follows: Resolved, That not to exceed $5,000 is authorized to be expended from the appropriation for miscellaneous items, contingent expenses of the Senate, to defray the expenses of the Senate in the impeachment trial of Halsted L. Ritter.\10\ --------------------------------------------------------------------------- \10\ March 9, 1936, 74-2, Senate Journal, p. 473. --------------------------------------------------------------------------- In the trial of Judge Swayne in 1905, a joint resolution providing for direct appropriations from the Treasury was passed to defray the expenses of the Senate in the impeachment trial.\11\ --------------------------------------------------------------------------- \11\ January 24, 1905, 58-3, Record, p. 1289; January 24, 1905, 53- 3, Journal, p. 119, signed by President Jan. 31, 1905; Feb. 7, 1905, 58-3, Journal, p. 175. --------------------------------------------------------------------------- 3. Managers on the Part of the House of Representatives Appear in the Senate Chamber and Are Announced. The Presiding Officer Directs Them to the Seats Provided for Them and the Sergeant at Arms Makes His Proclamation. The Chair Recognizes the Managers To Present the Articles of Impeachment, Following a Quorum Call if One is Called for In the trials of Judge Ritter, Judge Louderback, and President Johnson, this procedure was as follows: Trial of Halsted L. Ritter On Monday, February 24 (Calendar day, Tuesday, March 10), 1936, at 1 o'clock p.m., the secretary for the majority announced the presence in the Senate Chamber of the managers appointed by the House of Representatives, to wit, Mr. Hatton W. Sumners, Mr. Randolph Perkins, and Mr. Sam Hobbs, to conduct the impeachment against Halsted L. Ritter, United States district judge for the southern district of Florida, and they were assigned to seats provided for them. The Vice President directed the Sergeant at Arms to make proclamation; and the Sergeant at Arms thereupon made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Halsted L. Ritter, United States district judge for the southern district of Florida. Mr. Robinson raised a question as to the presence of a quorum, whereupon the Vice President directed the roll to be called, when eighty-six Senators answered to their names. * * * * * * * A quorum being present, Mr. Sumners, as chairman, announced that the managers on the part of the House were present and ready to exhibit articles of impeachment preferred by the House against Halsted L. Ritter, United States district judge for the southern district of Florida, and he read the resolution received on yesterday from the House of Representatives, appointing the managers to conduct the impeachment against the said Halsted L. Ritter and instructing them to appear before the Senate and demand his impeachment and trial. Mr. Hobbs, one of the managers on the part of the House, then read the articles of impeachment:\12\ --------------------------------------------------------------------------- \12\ March 10, 1936, 74-2, Journal, p. 473. --------------------------------------------------------------------------- Trial of Harold Louderback On Friday, March 3, 1933, at 12 o'clock and 20 minutes p.m., the assistant doorkeeper announced the presence in the Senate Chamber of the managers appointed by the House of Representatives, to wit, Mr. Sumners, Mr. Browning, Mr. Tarver, Mr. LaGuardia, and Mr. Sparks, to conduct the impeachment against Harold Louderback, United States district judge for the northern district of California, and they were assigned to seats provided for them. Mr. Sumners announced that the managers on the part of the House were presented to exhibit articles of impeachment preferred by the House against Harold Louderback, United States district judge for the northern district of California. The Vice President then directed the Deputy Sergeant at Arms to make proclamation; and the Deputy Sergeant at Arms having made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Harold Louderback, United States district judge for the northern district of California. Mr. Sumners as chairman, read the resolution received from the House of Representatives on February 28, 1933, appointing the managers to conduct the impeachment against the said Harold Louderback, and instructing them to appear before the Senate and demand his impeachment and trial. Mr. Browning, one of the managers on the part of the House, read the articles of impeachment.\13\ --------------------------------------------------------------------------- \13\ March 3, 1933, 72-2, Journal, pp. 283-84. --------------------------------------------------------------------------- Trial of Andrew Johnson On Wednesday, March 4, 1868, at 1 o'clock p.m., the Sergeant at Arms announced the presence at the door of the Senate Chamber of the managers appointed by the House of Representatives, to wit: Mr. Bingham, Mr. Boutwell, Mr. James F. Wilson, Mr. Butler, Mr. Thomas Williams, Mr. Logan, and Mr. Thaddeus Stevens, to conduct the impeachment against Andrew Johnson, President of the United States. The President pro tempore requested the managers to take the seats assigned them within the bar of the Senate. Mr. Bingham rose and announced, on the part of the managers, that they were ready to exhibit, on the part of the House of Representatives, articles of impeachment against Andrew Johnson, President of the United States. The President pro tempore then directed the Sergeant at Arms to make proclamation; and the Sergeant at Arms having made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Andrew Johnson, President of the United States. The managers rose, and Mr. Bingham, their chairman, read the articles.\14\ --------------------------------------------------------------------------- \14\ March 4, 1868, 40-2, Journal, p. 800. --------------------------------------------------------------------------- There were slight variations in the above procedures in some of the other impeachment trials held by the Senate, set forth below. [Briefly, the procedure for each of the other cases follows: Trial of George W. English On Monday, April 19, 1926, at 2 o'clock, the assistant doorkeeper announced the presence in the Senate Chamber of the managers appointed by the House of Representatives, to wit, Mr. Michener, Mr. Boies, Mr. Hersey, Mr. Moore, Mr. Stobbs, Mr. Sumners, Mr. Montague, Mr. Tilman, and Mr. Dominick, to conduct the impeachment against George W. English, United States district judge for the eastern district of Illinois, and they were assigned to seats provided for them. Mr. Michener announced that the managers on the part of the House were ready to exhibit the articles of impeachment adopted by the House against George W. English, United States district judge for the eastern district of Illinois. The Vice President then directed the Sergeant at Arms to make proclamation; and the Sergeant at Arms having made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against George W. English, United States district judge for the eastern district of Illinois. The managers arose, and Mr. Michener, their chairman, thereupon read the articles of impeachment. (April 19, 1926, 691-1, Journal, p. 336.) Trial of Robert W. Archbald On Monday, July 15, 1912, at 12 o'clock and 15 minutes p.m., the Sergeant at Arms announced the presence in the Senate Chamber of the managers appointed by the House of Representatives, to wit, Mr. Clayton, Mr. Webb, Mr. Floyd, Mr. Davis of West Virginia, Mr. Sterling, Mr. Howland, and Mr. Norris, to conduct the impeachment against Robert W. Archbald, circuit judge of the United States and designated as a judge of the United States Commerce Court. Mr. Clayton announced on the part of the managers that they were ready to exhibit, on the part of the House of Representatives, articles of impeachment against Robert W. Archbald, circuit judge of the United States and designated as a judge of the United States Commerce Court. The President pro tempore then directed the Sergeant at Arms to make proclamation; and the Sergeant at Arms having made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United Statesarticles of impeachment against Robert W. Archbald, circuit judge of the United States and designated as a judge of the United States Commerce Court. The managers arose, and Mr. Clayton, their chairman, read the articles of impeachment. (July 15, 1912, 62-2, Journal, p. 454.) Trial of Charles Swayne On Tuesday, January 24, 1905, at 12 o'clock and 30 minutes p.m., the Sergeant at Arms announced the presence in the Senate Chamber of the managers appointed by the House of Representatives, to wit, Mr. Palmer, Mr. Perkins, Mr. Clayton, Mr. DeArmond, and Mr. Smith of Kentucky to conduct the impeachment against Charles Swayne, judge of the district court of the United States in and for the northern district of the State of Florida. The President pro tempore requested the managers to take the seats assigned them within the bar of the Senate. Mr. Palmer rose and announced on the part of the managers that they were ready to exhibit, on the part of the House of Representatives, articles of impeachment against Charles Swayne, judge of the district court of the United States in and for the northern district of the State of Florida The President pro tempore then directed the Sergeant at Arms to make proclamation; and the Sergeant at Arms having made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Charles Swayne, judge of the district court of the United States in and for the northern district of Florida. The managers rose, and Mr. Palmer, their chairman, read the articles of impeachment. (January 24, 1905, 58-3, Journal, p. 119.) Trial of William W. Belknap On Tuesday, April 4, 1876, at 1 o'clock and 25 minutes p.m., the Sergeant at Arms announced the presence in the Senate Chamber of the managers appointed by the House of Representatives, to wit: Mr. Lord, Mr. Knott, Mr. Lynde, Mr. McMahon, Mr. Jenks, Mr. Lapham, and Mr. Hoar, to conduct the impeachment against William W. Belknap, late Secretary of War. The President pro tempore requested the managers to take the seats assigned them within the bar of the Senate. Mr. Lord rose and announced, on the part of the managers, that they were ready to exhibit, on the part of the House of Representatives, articles of impeachment against William W. Belknap, late Secretary of War. The President pro tempore then directed the Sergeant at Arms to make proclamation; and, the Sergeant at Arms having made proclamation in the following words: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against William W. Belknap, late Secretary of War. The managers rose, and Mr. Lord, their chairman, read the articles of impeachment. (April 4, 1876, 44-1, Journal, pp. 900-01.) Trial of West H. Humphreys On Thursday, May 22, 1862, the managers appointed by the House of Representatives, to wit, Mr. Bingham, Mr. Pendleton, Mr. Train, and Mr. Dunlop, appeared and were admitted; and Mr. Bingham, their chairman, announced that they were instructed by the House of Representatives to exhibit certain articles of impeachment against West H. Humphreys, judge of the district court of the United States for the districts of Tennessee. The Vice President requested the managers to take the seats assigned them within the bar, and directed the Sergeant at Arms to make proclamation as follows: Oyez! Oyez! Oyez! All persons are commanded to keep silence, on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States articles of impeachment against West H. Humphreys, judge of the district court of the United States for the districts of Tennessee. After which, the managers rose, and Mr. Bingham, their chairman, read the articles of impeachment. (May 22, 1862, 37-2, Journal, p. 889.) Trial of James H. Peck On Tuesday, May 4, 1830, the managers on the part of the House of Representatives, viz: Messrs. Buchanan, Storrs, of New York, McDuffie, Spencer, and Wickliffe, appeared, and were admitted; and Mr. Buchanan, their chairman, having announced that they were the managers instructed by the House of Representatives to exhibit a certain article of impeachment against James H. Peck, Judge of the district court of the United States for the district of Missouri. They were requested by the Vice President to take seats assigned them within the bar; and the Sergeant at Arms was directed to make proclamation in the words following: Oyez! Oyez! Oyez! All persons are commanded to keep silence, on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States articles of impeachment against James H. Peck, Judge of the district court of the United States for the district of Missouri. After which the managers rose, and Mr. Buchanan, their chairman, read the articles of impeachment. (May 4, 1830, 21-2, Journal, p. 240.) Trial of Samuel Chase On Friday, December 7, 1804, the managers on the part of the House of Representatives, to wit: Messrs. John Randolph, Rodney, Nicholson, Early, Boyle, Nelson, and G.W. Campbell, were admitted;and Mr. Randolph, the chairman, announced ``that they were the managers instructed by the House of Representatives to exhibit certain articles of impeachment against Samuel Chase, one of the associate justices of the Supreme Court of the United States.'' The managers were requested by the President to take seats assigned them within the bar, and the Sergeant at Arms was directed to make proclamation in the words following: Oyes! Oyes! Oyes! All persons are commanded to keep silence, on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States articles of impeachment against Samuel Chase, one of the associate justices of the Supreme Court of the United States. After which the managers rose, and Mr. Randolph, their chairman, read the articles. (December 7, 1804, 8-1, Journal, pp. 509-10.) Trial of John Pickering On Wednesday, January 4, 1804, the managers on the part of the House of Representatives, Messrs. Nicholson, Early, Rodney, Eustis, John Randolph, jun. Samuel L. Mitchill, George W. Campbell, Blackledge, Boyle, Joseph Clay, and Newton, were admitted; and Mr. Nicholson, the chairman, announced that they were the managers instructed by the House of Representatives to exhibit certain articles of impeachment against John Pickering, district judge of the district of New Hampshire. They were requested by the President to take seats assigned them within the bar. The Sergeant at Arms was directed to make proclamation, in the words following: Oyes! Oyes! Oyes! All persons are commanded to keep silence on pain of imprisonment, while the grand inquest of the Nation is exhibiting to the Senate of the United States, sitting as a court of impeachments, articles of impeachment against John Pickering, judge of the district court of the district of New Hampshire. The managers then rose, and Mr. Nicholson, their chairman, read the articles. (January 4, 1804, 8-1, Journal, p. 495.) Trial of William Blount On Wednesday, February 7, 1798, a message was announced from the House of Representatives, by the managers on the part of the House of Representatives, Messrs. Sitgreaves, Bayard, Harper, Gordon, Pinckney, Dana, Sewall, Hosmer, Dennis, Evans, and Imlay, who, being introduced, Mr. Sitgreaves, their chairman, addressed the Senate as follows: Mr. Vice President: The House of Representatives having agreed upon articles, in maintenance of their impeachment against William Blount, for high crimes and misdemeanors, and having appointed on their part managers of the said impeachment, the managers have now the honor to attend the Senate, for the purpose of exhibiting the said articles. The Vice President then ordered the Sergeant at Arms to proclaim silence, after which he notified the managers that the Senate were ready to hear the articles of impeachment; whereupon, the chairman of the managers read the articles of impeachment, and they were received from him at the bar by the Sergeant at Arms, and laid on the table. The Vice President then informed the managers, that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives, and they withdrew. The Secretary then read the articles of impeachment. . . . (February 7, 1798, 5-2, Journal, p. 435.)] 4. The Managers, After Presenting the Articles of Impeachment, Asks the Senate To Take Order for the Trial, and the Presiding Officer Informs the Managers That the Senate Will Duly Inform the House of Representatives When Ready for the Trial. The Managers After Delivering the Articles of Impeachment Withdraw From the Senate In the trial of Judge Ritter and Judge Louderback, the Journal exhibits the procedure, as set forth below; but in the case of President Johnson, the President pro tempore merely announced ``that the Senate would take proper order. . . .'' <SUP>15</SUP> --------------------------------------------------------------------------- \15\ March 2, 1868, 40-2, Senate Journal, p. 807. --------------------------------------------------------------------------- The reading of the articles of impeachment having been concluded, Mr. Sumners said: ``Mr. President, the House of Representatives by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles of accusation or impeachment against the said Halsted L. Ritter, a district judge of the United States for the southern district of Florida, and also of replying to his answers which he shall make unto the articles preferred against him, and of offering proof to the same and every part thereof, and to all and every other article of accusation or impeachment which shall be exhibited by them as the case shall require, do demand that the said Halsted L. Ritter may be put to answer the misdemeanors in office which have been charged against him in the articles which have been exhibited to the Senate, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice. ``Mr. President, the managers on the part of the House of Representatives, in pursuance of the action of the House of Representatives by the adoption of the articles of impeachment which have just been read to the Senate, do now demand that the Senate take order for the appearance of said Halsted L. Ritter to answer said impeachment, and do now demand his impeachment, conviction, and removal from office.'' The Vice President informed the managers that the Senate would take proper order in the matter of the impeachment, and that notice would be given to the House of Representatives. The managers, by their chairman, Mr. Sumners, then delivered the articles of impeachment at the Secretary's desk, and withdrew from the Chamber.<SUP>16</SUP> --------------------------------------------------------------------------- \16\ March 10, 1936, 74-2, Senate Journal, p. 477. --------------------------------------------------------------------------- 5. After the Articles of Impeachment Have Been Presented to the Senate, the Next Step Is for the Senate to Organize for the Trial. The Presiding Officer Takes His Oath for the Trial and Then, as in the Ritter Trial, Administers the Oath to the Senators Standing at Their Seats. In the Case of the Johnson Trial, This Procedure Was Somewhat Different Since the Chief Justice of the Supreme Court Presided In the recent trials some particular Senator is designated on motion to administer the oath to the President pro tempore of the Senate or the Presiding Officer,<SUP>17</SUP> as the case may be, who then in turn administers the following oath to the rest of the membership of the Senate,<SUP>18</SUP> on occasion en bloc,<SUP>19</SUP> with the Senators standing at their respective seats: --------------------------------------------------------------------------- \17\ March 10, 1936, 74-2, Senate Journal, p. 477, March 9, 1933, 73-1, Senate Journal, p. 307; July 16, 1912, 62-2, Senate Journal, pp. 628-29. \18\ Ibid.; this form of the oath is prescribed in Rule XXV, and was adopted in 1868, and is the same oath administered to both the entire membership of the Senate and the Chief Justice. \19\ March 10, 1936, 74-2, Senate Journal, p. 477. --------------------------------------------------------------------------- You do solemnly swear that in all things appertaining to the trial of the impeachment of Halsted L. Ritter, United States district judge for the southern district of Florida, now pending, you will do impartial justice according to the Constitution and laws. So help you God.<SUP>20</SUP> --------------------------------------------------------------------------- \20\ March 10, 1936, 74-2, Senate Journal, p. 477. --------------------------------------------------------------------------- On March 12, 1936, during the trial of Halsted Ritter, it was announced that it was the duty of the Journal Clerk to keep the names of Senators who had taken the oath subsequent to the time the other Senators took their oath en bloc, and that there would be no other record.<SUP>21</SUP> --------------------------------------------------------------------------- \21\ March 12, 1936, 74-2, Record, p. 3646. --------------------------------------------------------------------------- If the Senators are not present when the oath is administered to the entire membership, the oath will be administered to them subsequently when they show during the trial, but to participate in the trial they each must have taken the oath.<SUP>22</SUP> --------------------------------------------------------------------------- \22\ See Rule III. --------------------------------------------------------------------------- On March 12, 1936, during the conduct of regular legislative business and prior to the hour of 1 o'clock, at which time the Senate would resolve itself into a court of impeachment, the following occurred: Mr. McNary. Mr. President, I am advised that the junior Senator from Vermont (Mr. Gibson) desires to take the oath as a juror in the impeachment proceedings. The Vice President. After a thorough survey of the situation, the best judgment of the Chair is that Senators who have not heretofore taken the oath as jurors of the court should take it after the Senate resolves itself into a court; all Senators who have not as yet taken the oath as jurors will take the oath at that time.<SUP>23</SUP> --------------------------------------------------------------------------- \23\ March 12, 1936, 74-2, Record, p. 3641. --------------------------------------------------------------------------- In the case of an impeachment of the President of the United States or the Vice President of the United States, the Constitution and Rule IV provide for the Chief Justice of the United States Supreme Court to preside, and for the timing of the appearance of the Chief Justice. Rule IV of the Senate impeachment rules reads as follows: When the President of the United States, or the Vice- President of the United States, upon whom the powers and duties of the office of President shall have devolved, shall be impeached, the Chief Justice of the United States shall preside; and in a case requiring the said Chief Justice to preside, notice shall be given to him by the presiding officer of the Senate of the time and place fixed for the consideration of the articles of impeachment, as aforesaid, with a request to attend; and the said Chief Justice shall be administered the oath by the presiding officer of the Senate and shall preside over the Senate during the consideration of said articles, and upon the trial of the person impeached therein.<SUP>24</SUP> --------------------------------------------------------------------------- \24\ In the trial of President Johnson, there was some conflict between the Chief Justice and the Senate as to when the Chief Justice should begin to preside. On March 4, 1868, the Senate received a letter from Chief Justice Salmon P. Clase outlining his view of the timing of his appearance for the trial of Andrew Johnson which read in part: ``That when the Senate sits for the trial of an impeachment it sits as a court seems unquestionable. ``That for the trial of an impeachment of the President, this court must be constituted of the members of the Senate, with the Chief Justice presiding, seems equally unquestionable. . . . the organization of the Senate as a court of impeachment, under the Constitution, should precede the actual announcement of the impeachment on the part of the House. . . . articles of impeachment should only be presented to a court of impeachment that no summons or other process should issue except from the organized court, and that rules for the government of the proceedings of such a court should be framed only by the court itself.'' The letter was read to the Senate and referred to the select committee appointed to consider the message on impeachment from the House of Representatives and no further action was taken. The Senate proceeded to receive the managers on the part of the House and to hear the articles of impeachment in the absence of the Chief Justice and at the conclusion of the day adopted an order to notify the Chief Justice. (March 4, 1868, 40-2, Journal, p. 799.) --------------------------------------------------------------------------- During the trial of Andrew Johnson in 1868, the only precedent for a Chief Justice presiding during a trial of impeachment, a resolution was adopted following the reading to the articles of impeachment as follows: Resolved, That at 1 o'clock tomorrow afternoon the Senate will proceed to consider the impeachment of Andrew Johnson, President of the United States, at which time the oath or affirmation required by the rules of the Senate sitting for the trial of an impeachment shall be administered by the Chief Justice of the United States, as the presiding officer of the Senate, sitting as aforesaid, to each member of the Senate, and that the Senate sitting as aforesaid will at the time aforesaid receive the managers appointed by the House of Representatives. Ordered, That the Secretary lay this resolution before the House of Representatives. Ordered, That the articles of impeachment exhibited against Andrew Johnson, President of the United States, be printed. Ordered, That a copy of the ``rules of procedure and practice in the Senate when sitting on the trial of impeachments'' be communicated by the Secretary to the House of Representatives,and a copy thereof delivered by him to each member of the House.\25\ --------------------------------------------------------------------------- \25\ Senate Journal, 40-2, March 4, 1868, pp. 807-08. --------------------------------------------------------------------------- This in turn was followed by the adoption of an order giving notice to the Chief Justice as follows: Ordered, That the notice to the Chief Justice of the United States to meet the Senate in the trial of the case of impeachment, and requesting his attendance as presiding officer, be delivered to him by a committee of three Senators, to be appointed by the Chair, who shall wait upon the Chief Justice to the Senate Chamber and conduct him to the Chair.\26\ --------------------------------------------------------------------------- \26\ March 4, 1868, 40-2, Journal, p. 808. --------------------------------------------------------------------------- The next day at the hour of 1 o'clock, the President pro tempore made the following statement and then vacated the Chair: The morning hour having expired, all legislative and executive business of the Senate is ordered to cease for the purpose of proceeding to business pertaining to the impeachment of the President of the United States. The chair as vacated for that purpose.\27\ --------------------------------------------------------------------------- \27\ Congressional Globe, 40-2, March 5, 1868, p. 1671. --------------------------------------------------------------------------- At this point the Chief Justice of the United States entered the Chamber accompanied by the ranking associate justice of the Supreme Court and escorted by a Senate committee of three appointed for that purpose. Upon taking the Chair, the Chief Justice made the following statement: Senators: I attend the Senate in obedience to your notice, for the purpose of joining with you in forming a court of impeachment for the trial of the President of the United States, and I am now ready to take the oath.\28\ --------------------------------------------------------------------------- \28\ March 5, 1868, 40-2, Congressional Globe, p. 1671. --------------------------------------------------------------------------- The oath was then administered to the Chief Justice by the Associate Justice as follows: I do solemnly swear that in all things appertaining to the trial of the impeachment of Andrew Johnson, President of the United States, I will do impartial justice according to the Constitution and laws. So help me God.\29\ --------------------------------------------------------------------------- \29\ Ibid., p. 871; this form was agreed to in 1868, but as reported to the Senate, it provided that the form of the oath was to be administered to the Presiding Officer and members of the Senate. Senator Charles Drake of Missouri raises the point that the Constitution did not require that the Presiding Officer be sworn, only the Senators, and indeed that the Chief Justice was already sworn to perform his duties, and that presiding in an impeachment trial was part of those duties. (March 2, 1868, 40-2, Congressional Globe, pp. 1590- 93.) As a result, the Senate agreed to an amendment striking out the words ``Presiding Officer'' from the heading providing for the oath. In spite of this, when the Chief Justice arrived in the Senate for the trial of Andrew Johnson, he was accompanied by the senior Associate Justice of the Supreme Court who did administer the oath. --------------------------------------------------------------------------- Whereupon the Chief Justice administered the oath to the Senators individually and in alphabetical order. The oath is found in Rule XXV. During the trial of the President, as the Chief Justice entered the Senate Chamber, he was escorted to the Chair by the chairman of the Senate committee appointed for that purpose.\30\ --------------------------------------------------------------------------- \30\ Congressional Globe Supplement, 40-2, March 23, 1868, p. 11. --------------------------------------------------------------------------- 6. After the Oaths are Administered, the Chair Directs the Sergeant At Arms To Make Proclamation for the Beginning of the Trial and the Order for a Summons to the Respondent Is Adopted The proclamation is set forth under Rule II as follows: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against ---- -- ------. The proclamation is repeated each new day of the trial by the Sergeant at Arms, when directed by the Presiding Officer to do so, which occurs each day when the trial begins.\31\ --------------------------------------------------------------------------- \31\ See Rule XII and Rule XIII. --------------------------------------------------------------------------- At this point the Senate proceeds to adopt an order to notify the House of Representatives that the Senate is organized for the trial.\32\ --------------------------------------------------------------------------- \32\ March 9, 1933, 73-1, Senate Journal, p. 307. --------------------------------------------------------------------------- Once the House had been notified, the managers appear, enter the Senate Chamber, and take seats assigned to them. Again, the proclamation is made by the Sergeant at Arms and an order for a summons to the respondent is adopted, which, in the case of Judge Ritter's trial, took the following form: Ordered, That a summons to the accused be issued as required by the rules of procedure and practice in the Senate, when sitting for the trial of the impeachment against Halsted L. Ritter, United States district judge for the southern district of Florida, returnable on Thursday, the 12th of March 1936, at 1 o'clock in the afternoon.\33\ --------------------------------------------------------------------------- \33\ March 10, 1936, 74-2, Journal, p. 478. --------------------------------------------------------------------------- The form of the summons as set forth under Rule XXV is as follows: THE UNITED STATES OF AMERICA, ss: The Senate of the United States to ------ ------, greeting: Whereas the House of Representatives of the United States of America did, on the ------ ------ day of ---- --, exhibit to the Senate articles of impeachment against you, the said ------ ------, in the words following: (Here insert the articles.) And demand that you, the said ------ ------, should be put to answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be there upon had as are agreeable to law and justice. You, the said ------ ------, are therefore hereby summoned to be and appear before the Senate of the United States of America, at their Chamber in the city of Washington, on the ------ day of ------, at ------ o'clock, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the United States shall make in the premises according to the Constitution and laws of the United States. Hereof you are not to fail. Witness ------ ------, and Presiding Officer of the said Senate, at the city of Washington, this ------ day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate. The form of the precept to be endorsed on the said writ of summons as set forth under Rule XXV is as follows: THE UNITED STATES OF AMERICA, ss: The Senate of the United States to ------ ------, greeting: You are hereby commanded to deliver to and leave with ------ ------, if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this precept; and in whichsoever way you perform the service, let it be done at least -- ---- days before the appearance day mentioned in the said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon indorsed, on or before the appearance day mentioned in the said writ of summons. Witness ------ ------, and Presiding Officer of the Senate, at the city of Washington, this ------ day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate. Subsequently, after the Sergeant at Arms makes his return on serving the summons, the Secretary reads it to the Senate: SENATE OF THE UNITED STATES, OFFICE OF THE SERGEANT AT ARMS. The writ of summons addressed to ------ ------, and the precept, addressed to me, were duly served upon the said ------ ------ by me by delivering true and attested copies of the same to the said ------ ------ at the ------, ------, on ------, the ------ of ------ ------ 19------ , at ------ o'clock in the forenoon of that day. ------ ------, Sergeant at Arms, United States Senate.\34\ --------------------------------------------------------------------------- \34\ XXV, Impeachment Rules. --------------------------------------------------------------------------- On the day appointed by the summons, the officer (the Sergeant at Arms) who served the process is then administered an oath by the Secretary of the Senate as to the truth of the return. ``You, ------ ------, do solemnly swear that the return made by you upon the process issued on the ---- --th day of ------ 19------, by the Senate of the United States against ------ ------, is truly made, and that you have performed such service therein described. So help you God.'' \35\ --------------------------------------------------------------------------- \35\ March 12, 1936. 74-2, Journal, p. 478. --------------------------------------------------------------------------- The oath taken by the Sergeant at Arms, attesting to the proper return used in the trial of Judge Pickering, follows: I, James Mathers, do solemnly swear that the return made and subscribed by me, upon the process issued on the 12th day of January last by the Senate of the United States against John Pickering, is truly made, and that I have performed said services as there described, so help me God.'' \36\ --------------------------------------------------------------------------- \36\ March 2, 1804, 8-1, Annals of the Congress of the United States, p. 327. --------------------------------------------------------------------------- The Sergeant at Arms, as directed by the Presiding Officer, then makes proclamation, which, in the case of Harold L. Ritter, was as follows: Halsted, L. Ritter! Halsted L. Ritter! Halsted L. Ritter! United States district judge for the southern district of Florida: Appear and answer to the articles of impeachment exhibited by the House of Representatives against you.\37\ --------------------------------------------------------------------------- \37\ March 12, 1936, 74-2, Journal, p. 478. --------------------------------------------------------------------------- The form used in the first impeachment trial, that of William Blount, which takes much the same form as used today, is as follows: Hear ye! Hear ye! Hear ye! William Blount, late a Senator from the State of Tennessee, come forward and answer the articles of impeachment exhibited against you by the House of Representatives.\38\ --------------------------------------------------------------------------- \38\ December 17, 1798, 5-1 and 2, Annals of the Congress of the United States, p. 2245. --------------------------------------------------------------------------- In the case of Judge Louderback, however, the respondent waived personal service and thus the oath was not administered to the Sergeant at Arms on the return of the writ. With this waiver the following resolution was adopted by the Senate: In the Senate of the United States, Sitting as a Court of Impeachment Whereas on March 13, 1933, John N. Garner, Vice President and President of the Senate, acting under authority of the Senate, sitting as a Court of Impeachment, and in accordance with the Rules for Impeachment Trials, issued a writ of summons to Harold Louderback, United States district judge for the northern district of California, commanding him to appear before the Senate of the United States of America at their Chamber in the city of Washington on the 11th day of April, 1933, at 12:30 o'clock afternoon, to answer to articles of impeachment exhibited against him by the House of Representatives of the United States of America, and addressed to Chesley W. Jurney, Sergeant at Arms of the Senate, a precept commanding him to serve true and attested copies of said writ of summons and precept upon the said Harold Louderback personally or by leaving same at his usual place of abode or at his usual place of business; and Whereas since the recess of the Senate, sitting as a Court of Impeachment, the said Chesley W. Jurney, as Sergeant at Arms, acting upon a suggestion of the Committee on the Judiciary of the Senate, with a view to securing a waiver of personal service of said writ of summons as required by the precept, communicated by telegraph with the said Harold Louderback, who consented to such waiver, and who subsequently forwarded to said Chesley W. Jurney, as Sergeant at Arms, a waiver, in writing, of personal service of said writ of summons, signed by him and witnessed on the 28th day of March, 1933, agreeing voluntarily to appear in person before the Senate of the United States at the time and place specified in said writ of summons and acknowledging receipt of true and attested copies of said writ of summons and precept, transmitted to him by the said Chesley W. Jurney, Sergeant at Arms: Now, therefore, be it Ordered, That the action of the said Chesley W. Jurney, Sergeant at Arms of the Senate, in securing waiver of personal service of said writ of summons upon the said Harold Louderback be, and the same is hereby, ratified and approved; that the delivery, by registered mail, of true and attested copies of the said writ of summons and precept to the said Harold Louderback and his acceptance thereof, be deemed and taken to have been a satisfactory and sufficient compliance by the said Chesley W. Jurney, Sergeant at Arms, with the said precept, and that the said Chesley W. Jurney, as Sergeant at Arms, be, and he is hereby, authorized to make return of said writ of summons and precept accordingly.\39\ \39\ April 11, 1933, 73-1, Senate Journal, pp. 308-09. --------------------------------------------------------------------------- The return of the Sergeant at Arms was then read as follows: Senate of the United States, Office of the Sergeant At Arms. The foregoing writ of summons, addressed to Harold Louderback, and the foregoing precept, addressed to me, were duly served upon the said Harold Louderback by the transmittal, by registered mail, to the said Harold Louderback of true and attested copies of the same, and by his receipt thereof, as shown in the attached waiver by the said Harold Louderback of personal service of summons, said waiver being made a part of this return. Chesley W. Jurney, Sergeant at Arms, United States Senate. In the Senate of the United States, Sitting as a Court of Impeachment in the Case of Harold Louderback, United States District Judge for the Northern District of California Waiver of personal service of Harold Louderback, United States district judge for the northern district of California. I, Harold Louderback, United States district judge for the northern district of California, do hereby waive personal service of summons issued on the 13th day of March, 1933, by Hon. John N. Garner, Vice President and President of the Senate,which commands me to appear before the Senate of the United States on April 11, 1933, at 12:30 p.m., to answer specific articles of impeachment exhibited to the Senate by the House of Representatives, and agree to voluntarily appear in person before the Senate of the United States at the aforesaid time. I acknowledge receipt of a true and attested copy of the writ of summons issued in this case, together with a like copy of the precept. Witness my signature this 28th day of March, 1933, at the city of San Francisco, State of California. Harold Louderback, Respondent. Signature of witness: James M. Hanley.\40\ --------------------------------------------------------------------------- \40\ April 11, 1933, 73-1, Senate Journal, p. 309. The Vice President, who was the Presiding Officer, announced that in view of the waiver of summons, the oath normally administered to the Sergeant at Arms would be dispensed with, and he made the usual proclamation: Harold Louderback! Harold Louderback! Harold Louderback, United States district judge for the northern district of California: Appear and answer to the articles of impeachment exhibited by the House of Representatives against you. \41\ --------------------------------------------------------------------------- \41\ April 11, 1933, 73-1, Senate Journal, p. 309. --------------------------------------------------------------------------- Following the oath, the Presiding Officer directs the Sergeant at Arms to make the following proclamation: ------ ------! ------ ------! ------ ------, appear and answer the articles of impeachment exhibited against you by the House of Representatives of the United States. At this point the counsel for the respondent and the respondent (if he cares to appear) appear at the bar of the Senate and take the assigned seats (to the right of the Chair). Once the counsel for the respondent, and the respondent (if he cares to appear), and any accompanying lawyers, have appeared and taken their seats, then, if they wish to attend, the House of Representatives, as a committee of the whole House, preceded by its Chairman, and accompanied by the Speaker of the House and the Clerk, take the seats provided for them, and the trial gets underway. The counsel for the respondent is asked for a reply to the subpena issued and often a request for a delay in the trial is made, usually requesting a certain number of days to prepare and file answer to the articles of impeachment. In the case of President Johnson the Senate agreed to an order granting the President ten days to prepare his answer, and so the Senate sitting for the trial of the President adjourned for ten days. The first order of business upon reconvening is to hear from the counsel for the respondent the answer to the articles of impeachment. Once the answer of the respondent to the articles of impeachment has been completed, the managers on the part of the House present, a replication of the House, which is an answer by the House of Representatives to the respondent's answer to the articles of impeachment. Following another possible delay, if requested and granted, which in the Johnson case was granted for six days, the trial proceeds with the presentation of documentary evidence and the calling of witnesses. V. PRECEDENTS AND PRACTICES FOR IMPEACHMENT TRIAL The Senate sitting as a court of impeachment has established through its rules, practices, and precedents, various definite procedures for the conduct of an actual impeachment trial, as contrasted to the preliminaries and steps pursued to get the trial underway. Some of the basic and more common parliamentary usages utilized during a trial are set forth below in alphabetical order: Adjournment and Time of Daily Sessions of Trial Rules on: Rule XII provides: At 12:30 o'clock afternoon, or at such other hour as the Senate may order, of the day appointed for the trial of an impeachment, the legislative and executive business of the Senate shall be suspended, and the Secretary shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment of ------ ------, in the Senate Chamber. Rule XIII provides: The hour of the day at which the Senate shall sit upon the trial of an impeachment shall be (unless otherwise ordered) 12 o'clock m., and when the hour shall arrive, the Presiding Officer upon such trial shall cause the proclamation to be made, and the business of the trial shall proceed. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate; but on such adjournment the Senate shall resume the consideration of its legislative and executive business. Rule XXVI provides: If the Senate shall at any time fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration. Adjourn to Time Certain: A motion to adjourn to an hour certain other than 12 m. has on occasion been ruled not in order. On March 30, 1868,\42\ in the Senate, sitting for the impeachment trial of Andrew Johnson, President of the United States, Mr. John Sherman moved an adjournment. --------------------------------------------------------------------------- \42\ March 30, 1868, 40-2, Congressional Globe Supplement, p. 53. --------------------------------------------------------------------------- Mr. Charles Sumner, of Massachusetts, suggested that the adjournment be to 10 o'clock on the morrow. The Chief Justice said: The hour of meeting is fixed by the rule, and the motion of the Senator from Massachusetts is not in order. Again, in 1912, it was held that when the Senate was sitting for an impeachment trial and adopts an order setting a specific time to adjourn each day, a motion to adjourn at another hour is not in order.\43\ --------------------------------------------------------------------------- \43\ December 5, 1912, 62-3, Record, p. 170 --------------------------------------------------------------------------- Later decisions and practices, however, do not conform to the above rulings. During the trial of William W. Belknap, the motion to adjourn to a certain time was admitted. On June 1, 1876, Mr. George G. Wright, a Senator from Iowa, proposed this inquiry: Mr. President, I wish to inquire whether it would be in order now to move to adjourn to a day certain, or whether the order should be properly that when the Senate sitting as a court of impeachment adjourns, it be to a definite time? The President pro tempore said: It would be in order to move to adjourn to a certain time.\44\ --------------------------------------------------------------------------- \44\ June 1, 1876, 44-1, Congressional Record, p. 161. --------------------------------------------------------------------------- On various other occasions the Senate sitting for impeachment trials had adjourned \45\ or recessed \46\ to an hour certain. --------------------------------------------------------------------------- \45\ See June 6, 1876, 44-1, Journal, p. 949; Jan. 27, 1905, 58-3, Journal, p. 347; Feb. 3, 1905, 58-3, Journal, p. 359; Feb. 6, 1905, 58- 3, Journal, p. 360; Feb. 10, 1905, 58-3, Journal, p. 360; Dec. 5, 1912, 62-3, Journal, p. 318; Dec. 6, 1912, 62-3, Journal, p. 319; April 11, 1933, 73-1, Journal, p. 318, April 18, 1933, 73-1, Journal, p. 325, May 15, 1933, 73-1, Journal, p. 328, May 16, 1933, 73-1, Journal, p. 329; April 3, 1936, 74-2, Journal, p. 494. \46\ April 14, 1936, 72-2, Journal, p. 505; April 15, 1936, 74-2, Journal, p. 506. --------------------------------------------------------------------------- Legislative and Executive Business, Unaffected by: The Senate, when sitting as a court of impeachment, may adjourn over without interfering with legislative sessions of the Senate. See the following provision of Rule XIII of the impeachment rules