[Cannon's Precedents, Volume 6]
[Chapter 200 - The Impeachment and Trial of Robert W. Archbald]
[From the U.S. Government Publishing Office, www.gpo.gov]
THE IMPEACHMENT AND TRIAL OF ROBERT W. ARCHBALD.
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1. Preliminary inquiry and action by House. Section 498.
2. Report of articles of impeachment to House. Section 499.
3. Adoption of articles and election of managers. Section 500.
4. Delivery of impeachment and presentation of articles in the
Senate. Section 501.
5. Organization of Senate for trial. Section 502.
6. Process issued. Section 503.
7. Appearance and rules for the trial. Section 504.
8. Answer of respondent. Section 505.
9. Replication of House. Sections 506, 507.
10. Delay of trial. Section 508.
11. Opening statements. Section 509.
12. Presentation of evidence. Section 510.
13. Final arguments. Section 511.
14. Judgment pronounced. Section 512.
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498. The impeachment and trial of Robert W. Archbald, United States
circuit judge, designated as a member of the Commerce Court.
In response to a resolution of the House, the President transmitted
to the Judiciary Committee of the House charges filed against Judge
Archbald and all papers relating thereto with a message suggesting that
they be not laid before the House until examined by the committee.
Form of resolution instructing the Judiciary Committee to examine the
charges against Judge Archbald.
In investigating the conduct of Judge Archbald, the Judiciary
Committee, by resolution, extended to the accused permission to be
present with counsel and cross-examine witness.
On April 23, 1912,\1\ Mr. George W. Norris, of Nebraska, introduced,
by delivery to the Clerk, the following resolution:
``Resolved, That the President of the United States be, and he is
hereby, requested, if not incompatible with the public interest, to
transmit to the House of Representatives a copy of any charger, filed
against Robert W. Archbald, associate judge of the United States
Commerce Court, together with the report of any special attorney or
agent appointed by the Department of Justice to investigate such
charges, and a copy of any and all affidavits, photographs, and
evidence filed in the Department of Justice in relation to said
charges, together with a statement of the action of the Department of
Justice, if any, taken upon said charges and report.''
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\1\ Second session Sixty-second Congress, Record, p. 5242.
Sec. 498
The resolution was referred, under the rule, to the Committee on the
Judiciary. On April 25,\1\ Mr. Henry D. Clayton, of Alabama, from that
committee, submitted the report of the committee, with favorable
recommendation, and the resolution was unanimously agreed to.
A message from the President in response to this request was laid
before the House by the Speaker on May 4,\2\ in part as follows:
In reply, I have to state that, in February last, certain charges of
improper conduct by the Hon. Robert W. Archbald, formerly district
judge of the United States Court for the Middle District of
Pennsylvania, and now judge of the Commerce Court, were brought to my
attention by Commissioner Meyer of the Interstate Commerce Commission.
I transmitted these charges to the Attorney General, by letter dated
February 13, instructing him to invesitgate the matter, confer fully
with Commissioner Meyer, and have his agents make as full report upon
the subject as might be necessary, and, should the charges be
established sufficiently to justify proceeding on them, bring the
matter before the Judiciary Committee of the House of Representatives.
The Attorney General has made a careful investigation of the charges,
and as a result of that investigation has advised me that, in his
opinion, the papers should be transmitted to the Committee on the
Judiciary of the House to be used by them as a basis for an
investigation into the facts involved in the charges. I have,
therefore, directed him to transmit all of the papers to the Committee
on the Judiciary; but in my opinion--and I think it will prove in the
opinion of the committee--it is not compatible with the public
interests to lay all these papers before the House of Representatives
until the Committee on the Judiciary shall have sifted them out and
determined the extent to which they deem it essential to the
thoroughness of their investigation not to make the same public at the
present time. But all of the papers are in the hands of the committee
and, therefore, within the control of the House.
The message was read and, with the accompanying papers, was referred
to the Committee on the Judiciary. On the same day Mr. Clayton, from
that committee, reported the following resolution, which was agreed to
by the House.
Resolved, That the Committee on the Judiciary be, and is hereby,
authorized to inquire into and concerning the official conduct of
Honorable Robert W. Archbald, formerly district judge of the United
States Court for the Middle District of Pennsylvania, and now a judge
of the Commerce Court, touching his conduct in regard to the matters
and things mentioned in House Resolution numbered five hundred and
eleven, and especially whether said judge has been guilty of an
impeachable offense, and to report to the House the conclusions of the
committee in respect thereto, with appropriate recommendation;
And resolved further, That the Committee on the Judiciary shall have
power to send for persons and papers, and to subpoena witnesses and to
administer oaths to such witnesses; and for the purpose of making this
investigation said committee is authorized to sit during the sessions
of this House; and the Speaker shall have authority to sign and the
Clerk to attest subpoenas for any witness or witnesses.
Preliminary to the investigation thus authorized the committee agreed
upon the following program of procedure: \3\
That for the present the committee will hold public hearings, under
the authority given by House resolution 524, for the purpose of
examining the witnesses in regard to the matters and things mentioned
in House resolution 511, which involve the conduct of Hon. Robert W.
Archbald, and that in these public hearings where witnesses are
examined Judge Archbald may be represented by counsel, if he desires,
and that after the chairman of the committee shall have conducted the
principal examination of witnesses and asked the members of the
committee to ask such questions
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\1\ Record, p. 5346.
\2\ Record, p. 5896.
\3\ Record, p. 8907.
Sec. 499
as their judgment may dictate to be proper, then, with the permission
of the committee, counsel for Judge Archbald, if Judge Archbald is
desirous to have counsel present, may ask such questions of the
witnesses as the committee may deem proper to be asked of the witnesses
in such investigation.
Pursuant to this determination, Judge Archbald attended and was
represented by counsel, who cross-examined witnesses and submitted
briefs, which were considered by the committee.
499. The Archbald impeachment continued.
The committee, empowered to investigate, reported simultaneously
resolutions impeaching Judge Archbald and articles of impeachment.
On July 8, 1912, Mr. Clayton, from the Committee on the Judiciary,
presented as privileged a unanimous report, which was referred to the
House Calendar.\1\
The report, which incorporates findings of fact and conclusions
reached by the committee as well as a discussion of the law, nature,
and function of impeachment, with citations of authorities relating
thereto, concludes:
Your committee reports herewith the accompanying resolution and
articles of impeachment against Judge Robert W. Archbald, and
recommends that they be adopted by the House and that they be presented
to the Senate with a demand for the conviction and removal from office
of said Robert W. Archbald, United States circuit judge designated as a
member of the Commerce Court:
``Resolved, That Robert W. Archbald, additional circuit judge of the
United States from the third judicial circuit, appointed pursuant to
the act of June 18, 1910 (U. S. Stat. L., vol. 36, 540), and having
duly qualified and having been duly commissioned and designated on the
31st day of January, 1911, to serve for four years in the Commerce
Court, be impeached for misbehavior and for high crimes and
misdemeanors; and that the evidence heretofore taken by the Committee
on the Judiciary under House resolution 524 sustains 13 articles of
impeachment which are hereinafter set out; and that 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:
(Then follow 13 articles of impeachment setting forth the charges in
detail.)
500. The Archbald impeachment, continued.
Form of resolution designating managers on the part of the House to
conduct the impeachment trial and instructing them to carry the
impeachment to the Senate.
The managers elected to conduct the Archbald trial on behalf of the
House of Representatives consisted of seven members of the Judiciary
Committee and represented both the majority and minority parties in the
House.
Form of resolution authorizing the managers to incur necessary
expenses in the conduct of the Archbald case.
The report \2\ was debated in the House on July 11.\3\ At the
conclusion of the reading of the report by the Clerk, Mr. James R.
Mann, of Illinois, said:
Mr. Speaker, when the report was made by the gentleman from Alabama
[Mr. Clayton it was stated by him, and properly so, that the resolution
would be printed separately as any other resolution. The Clerk has read
the resolution from the report. The resolution was not printed
separately, through some misunderstanding, probably, on the part of the
clerk in charge,
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\1\ Record, p. 8705.
\2\ Second session Sixty-second Congress, House Report No. 946.
\3\ Record, p. 3004.
Sec. 501
and I ask unanimous consent that the resolution may be numbered and
printed and reported from the committee as of July 8, 1912, in the
ordinary form. It seems to me that that is due to the proper procedure
in the House.
There was no objection, and the resolution was ordered printed
separately, as of July 8, and numbered H. Res. 622.
After extended debate, the resolution, with the accompanying articles
of impeachment, was agreed to, yeas 223, nays 1.
Thereupon, it was:
Resolved, 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, be, and they are hereby,
appointed managers 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; that said managers are hereby
instructed to appear before the Senate of the United States and at the
bar thereof in the name of the House of Representatives and of all the
people of the United States to impeach the said Robert W. Archbald of
high crimes and misdemeanors in office and to exhibit to the Senate of
the United States the articles of impeachment against said judge which
have been agreed upon by this House; and that the said managers do
demand that the Senate take order for the appearance of said Robert W.
Archbald to answer said impeachment, and demand his impeachment,
conviction, and removal from office.
It was also:
Resolved, That the managers on the part of the House in the matter of
the impeachment of Robert W. Archbald, circuit judge of the United
States and designated as a judge of the United States Commerce Court,
be, and they are hereby, authorized to employ legal, clerical, and
other necessary assistants and to incur such expenses as may be
necessary in the preparation and conduct of the case, to be paid out of
the contingent fund of the House on vouchers approved by the managers,
and the managers have power to send for persons and papers.
It was further:
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 and designated as a 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.
The Members so elected were members of the Committee on the Judiciary
and represented both the majority and minority parties in the House.
501. The Archbald impeachment, continued.
A message was sent to inform the Senate that the managers on the part
of the House of Representatives would present the impeachment of Judge
Archbald, and the Senate transmitted a message in reply informing the
House that the Senate was ready to receive them.
Forms and ceremonies of presenting the Archbald impeachment at the
bar of the Senate.
The articles of impeachment, signed by the Speaker and attested by
the Clerk, after being read by the chairman of the managers, were
handed to the Secretary of the Senate.
Sec. 501
Having carried to the Senate the articles impeaching Judge Archbald,
the managers returned and reported verbally in the House.
On July 13 \1\ (legislative day of July 6), in the Senate, a message
was received from the House of Representatives, delivered by its Chief
Clerk, announcing that the House had passed the following resolution:
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 and designated as a 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.
On motion of Mr. Augustus O. Bacon, of Georgia, it was:
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 Robert W.
Archbald, circuit judge of the United States and designated as a judge
of the United States Commerce Court, agreeably to the notice
communicated to the Senate.
On July 15,\2\ at 12 o'clock and 15 minutes p. m., the Assistant
Doorkeeper of the Senate announced:
I have the honor to announce the managers on the part of the House of
Representatives to conduct the proceedings in the impeachment of Robert
W. Archbald, judge of the circuit court and designated a judge of the
Commerce Court of the United States.
The President pro tempore said:
The managers on the part of the House will be received, and the
Sergeant at Arms will assign them their seats.
The committee from the House of Representatives were escorted by the
Sergeant at Arms to seats assigned them in the area in front of the
Chair, and Mr. Manager Clayton, its chairman, said:
Mr. President, the managers on the part of the House of
Representatives are here present and ready to present the articles of
impeachment which have been preferred by the House of Representatives
against Robert W. Archbald, a circuit judge of the United States and
designated a judge of the Commerce Court of the United States. The
House adopted the following resolution, which I will read to the
Senate:
By direction of the President pro tempore, the Sergeant at Arms made
proclamation 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 Robert W. Archbald, circuit judge of the United States and
designated a judge of the United States Commerce Court.
Mr. Manager Clayton then read the articles of impeachment, and
continued:
And, 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
Robert W. Archbald, a circuit judge of the United States and designated
as a judge of the
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\1\ Second session Sixty-second Congress, Record, p. 8989.
\2\ Record, p. 9051.
Sec. 502
United States Commerce Court, 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 Robert W. Archbald
may be put to answer the high crimes and 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 resolutions and articles of
impeachment which have just been read to the Senate, do now demand that
the Senate take order for the appearance of said Robert W. Archbald to
answer said impeachment, and do now demand his impeachment, conviction,
and removal from office.
The articles of impeachment signed by the Speaker and attested by the
Clerk, were handed to the Secretary of the Senate,\1\ and the President
pro tempore said:
Mr. Chairman and gentlemen of the committee of the House of
Representatives, the Chair begs to assure you that the Senate will take
order in the matter of the impeachment of Judge Archbald and
communicate its action to the House of Representatives.
Mr. Manager Clayton replied:
Mr. President, in behalf of the House of Representatives the managers
of the House beg to thank the Presiding Officer and the Senate for the
courtesy extended to the managers upon the part of the House of
Representatives.
The committee of the House of Representatives then retired from the
Chamber.
The committee of the House of Representatives having returned to the
Hall of the House, Mr. Clayton submitted as privileged:
Mr. Speaker, as one of the managers, and in behalf of all the
managers on the part of the House of the impeachment proceedings, I beg
to report to the House that the articles of impeachment prepared by the
House of Representatives and preferred against Robert W. Archbald, a
United States circuit judge and designated as a judge of the Commerce
Court of the United States, have been exhibited and read to the Senate;
that the Presiding Officer of that body stated to the managers that the
Senate would take order in the premises, and that due notice of the
same would be given to the House of Representatives.
502. The Archbald impeachment continued.
The articles of impeachment in the Archbald trial were ordered
printed by the Senate and referred to a special committee appointed by
the President pro tempore.
In the organization of the Senate for the Archbald trial the oath was
administered to the President pro tempore by a Senator designated by
order of the Senate for that purpose.
The President pro tempore, after being sworn, administered the oath
to the Senators sitting for the trial of Judge Archbald.
The Senate notified the House by message that it was organized for
the trial of the Archbald impeachment.
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\1\ These articles of impeachment appear in full in the Journals of
both the House and Senate, in the House Journal on July 11, (p. 854),
the day of their adoption, and in the Senate Journal on July 15, (p.
454), the day they were presented and read.
Sec. 502
The hour prescribed by the rule having arrived, the President pro
tempore declared legislative business suspended and the Senate in order
to proceed for the impeachment trial.
Whereupon \1\ Mr. George Sutherland, of Utah, offered the following
order, which was agreed to:
Ordered, That the articles of impeachment presented against Robert W.
Archbald be printed for use of the Senate.
The following resolution offered by Mr. Clarence D. Clark, of
Wyoming, was also agreed to:
Resolved, That the message of the House of Representatives, relating
to the impeachment of Robert W. Archbald be referred to a select
committee to consist of five Senators to be appointed by the President
pro tempore.
The President pro tempore appointed Messrs. Clarence D. Clark, of
Wyoming; Knute Nelson, of Minnesota; William P. Dillingham, of Vermont;
Augustus O. Bacon, of Georgia; and Charles A. Culbertson, of Texas, as
members of this select committee.
On July 16 \2\ at 1 o'clock p. m., the President pro tempore of the
Senate announced:
The hour of 1 o'clock has arrived, and in accordance with the rule
the legislative business will be suspended, and the Senate will proceed
upon the impeachment of Robert W. Archbald.
On motion of Mr. Reed Smoot, of Utah, by unanimous consent, Mr.
Shelby M. Cullom, of Illinois, was designated to administer the
constitutional oath.
Mr. Cullom administered the oath to the President pro tempore:
You do solemnly swear that in all things appertaining to the trial of
the impeachment of Robert W. Archbald, additional circuit judge of the
United States for the third judicial district, designated a judge of
the Commerce Court, now pending, you will do impartial justice
according to the Constitution and laws. So help you God.
The President pro tempore said:
Without objection, the Chair will suggest that the Secretary will
call the roll, calling 10 Senators at a time, and that as their names
are called the Senators advance to the desk to have the oath of office
administered to them.
Accordingly the roll was called and those Senators present advanced
to the desk in groups of 10 and the oath was administered by the
President pro tempore to the several groups as called.
The oath having been administered to those present, the names of the
absentees were again called, and Senators who had entered the Chamber
since the first call advanced to the desk and were sworn.
The President pro tempore announced:
Senators, the Senate is now sitting for the trial of the impeachment
of Robert W. Archbald additional circuit judge of the United States for
the third judicial district, designated a judge of the United States
Commerce Court.
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\1\ Second session Sixty-second Congress, Senate Journal, p. 628.
\2\ Record, p. 9117.
Sec. 503
On motion of Mr. Clark, the following resolution was agreed to:
Ordered, That the Secretary notify the House of Representatives that
the Senate is now organized for the trial of articles of impeachment
against Robert W. Archbald, United States circuit judge, and is ready
to receive the managers on the part of the House at its bar.
A message announcing the passage of this order was delivered in the
House by Mr. Crockett, one of the clerks of the Senate.
Mr. Lodge then submitted:
I am about to make a motion that the Senate, sitting as a court of
impeachment, take a recess until 3 o'clock in order to give the
managers on the part of the House time to assemble and appear here.
Before making the motion, however, I call attention to the fact that
the Senate, sitting as a court, when it takes a recess brings the
Senate back into legislative session where it was. I now make the
motion that the Senate, sitting as a court of impeachment, take a
recess until 3 o'clock.
The motion was agreed to, and at 1 o'clock and 45 minutes, p. m., the
Senate, sitting as a court of impeachment, took a recess until 3
o'clock p.m., and a message notifying the House of this recess was
transmitted \1\ to the House.
503. The Archbald impeachment, continued.
The ceremony of formal demand by the managers that process issue in
the trial of the Archbald impeachment.
On demand of the managers, the Senate ordered summons to be issued
for the appearance of Judge Archbald, fixing the day and hour of
return.
The proceedings of the Senate, sitting in the impeachment trial of
Judge Archbald, were recorded in a separate journal.
In the meanwhile \2\ the resolution notifying the House that the
Senate was now organized for the trial was delivered in the House, and,
at 3 o'clock and 1 minute p.m., the managers of the impeachment on the
part of the House of Representatives appeared at the bar and their
presence was announced by the Sergeant at Arms.
The President pro tempore. The Sergeant at Arms will conduct the
managers to the seats provided for them within the bar of the Senate.
The managers were conducted to the seats assigned them within the
space in front of the Secretary's desk.
The President pro tempore. Gentlemen managers, the Senate is now
organized for the trial of the impeachment of Robert W. Archbald,
additional circuit judge of the United States for the third judicial
circuit, designated a judge of the Commerce Court.
Whereupon Mr. Manager Clayton, chairman of the managers on the part
of the House, rose and said:
Mr. President, we, as managers on the part of the House of
Representatives, are directed by the House of Representatives to appear
at the bar of the Senate, which we now do, and demand that process be
issued to Robert W. Archbald, additional circuit judge of the United
States for the third judicial circuit, designated a judge of the
Commerce Court, and that he be required to answer at the bar of the
Senate the said articles of impeachment.
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\1\ Record, p. 9145.
\2\ Second session Sixty-second Congress, Record, p. 9123.
Sec. 504
Thereupon Mr. Clark offered the following, which was agreed to by the
Senate:
Ordered, That a summons be issued, as required by the Rules of
Procedure and Practice in the Senate when sitting for the trial of the
impeachment of Robert W. Archbald, returnable on Friday, the 19th day
of the present month, at 12.30 o'clock in the afternoon.
Mr. Manager Clayton said:
Mr. President, I beg to say on behalf of the managers on the part of
the House of Representatives that they will await the further pleasure
of the Senate.
And then, at 3 o'clock and 5 minutes p. m., the managers on the part
of the House retired from the Chamber.
On motion of Mr. Clark, the Senate, sitting for the trial of the
impeachment, adjourned until Friday, July 19, at 12.30 o'clock in the
afternoon. A message advising the House of this action on the part of
the Senate was transmitted to the House.
The proceedings of the court of impeachment do not appear in the
daily Journal of the Senate but are recorded in a separate journal
appended thereto and entitled ``Proceedings of the Senate on the Trial
of Robert W. Archbald, etc.''
The daily Journal of the Senate merely records the announcement of
the session of the Senate sitting on the trial, and in each instance
concludes:
After proceedings had therein as stated in the record, the Senate
resumed its legislative business.
504. The Archbald impeachment trial.
Form of oath of the Sergeant at Arms and form of proclamation opening
sessions of the Senate sitting in the impeachment trial of Judge
Archbald.
In response to the writ of summons, Judge Archbald appeared in person
attended by counsel to answer the articles of impeachment.
In the Archbald trial the Senate adopted orders supplementing the
rules of procedure and practice for the Senate when sitting in
impeachment trials.
Order of the Senate prescribing method of submitting requests,
applications, or objections, and regulating colloquys and questions.
In response to a motion by respondent's counsel that time be allowed
to present the answer, the Senate granted 10 days.
On July 19,\1\ in the Senate, the following appears:
The President pro tempore. The hour of 12.30 o'clock, to which the
Senate sitting as a court in the impeachment of Judge Robert W.
Archbald adjourned, has arrived. The Sergeant at Arms will make the
opening proclamation.
The Sergeant at Arms. Hear ye! Hear ye! Hear ye! All persons are
commanded to keep silence on pain of imprisonment while the Senate of
the United States is sitting for the trial of the articles of
impeachment exhibited by the House of Representatives against Robert W.
Archbald, additional circuit judge of the United States for the third
judicial circuit, designated a judge of the United States Commerce
Court.
By direction of the President pro tempore, the names of those
Senators who had not been sworn were called. There were no responses.
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\1\ Second session Sixty-second Congress, Record, p. 9275; Senate
Journal, p. 629.
Sec. 504
Mr. Clark offered this resolution, which was agreed to:
Ordered, That the Secretary inform the House of Representatives that
the Senate is sitting in its Chamber and ready to proceed with the
trial of the impeachment of Robert W. Archbald.
On motion of Mr. Clark, it was:
Ordered, That the Presiding Officer on the trial of the impeachment
of Robert W. Archbald, circuit judge of the United States, be, and is
hereby, authorized to sign all orders, mandates, writs, and precepts
authorized by the Rules of Procedure and Practice in the Senate when
sitting on impeachment trials and by the Senate.
At 12 o'clock and 37 minutes p. m. the Assistant Doorkeeper announced
the managers on the part of the House, who were conducted to the seats
assigned to them in the area in front of the Secretary's desk, on the
left of the Chair.
At 12 o'clock and 39 minutes p. m. the respondent, Robert W.
Archbald, and his counsel, A. S. Worthington and Robert W. Archbald,
jr., entered the Chamber and were conducted to seats assigned them in
the space in front of the Secretary's desk on the right of the Chair.
The President pro tempore. The Secretary will read the Journal of the
proceedings of the last session of the Senate while sitting in the
trial of the impeachment of Robert W. Archbald.
The Secretary read the Journal of proceedings of the Senate sitting
for the trial of the impeachment of Tuesday, July 16, 1912.
By direction of the President pro tempore, the Secretary read the
following return appended to the writ of summons and administered the
following oath to the Sergeant at Arms:
``I, Daniel M. Ransdell, Sergeant at Arms of the Senate of the United
States, do solemnly swear that the return made by me upon the process
issued on the 16th day of July, 1912, by the Senate of the United
States, against Robert W. Archbald, additonal circuit judge of the
United States for the third judicial circuit and designated a judge in
the Commerce Court, is truly made, and that I have performed such
service therein described. So help me, God.''
Whereupon the Sergeant at Arms made proclamation:
Robert W. Archbald! Robert W. Archbald! Robert W. Archbald, circuit
judge of the United States and designated as a judge of the United
States Commerce Court: Appear and answer to the articles of impeachment
exhibited by the House of Representatives against you.
The President pro tempore announced:
Counsel for the respondent are informed that the Senate is now
sitting for the trial of Robert W. Archbald, additional circuit judge
of the United States for the third judicial circuit and designated a
judge of the Commerce Court, upon articles of impeachment exhibited by
the House of Representatives, and will hear his answer thereto.
Mr. Worthington, of counsel for the respondent, entered formal
appearance, which was read by the Secretary and ordered placed on file.
Mr. Worthington then submitted a motion on behalf of the respondent
praying that time be granted in which to prepare an answer to the
articles of impeachment.
Sec. 505
On motion of Mr. Clark, of Wyoming, amended by motion of Mr. Porter
J. McCumber, of North Dakota, and further modified on suggestion of Mr.
Henry Cabot Lodge, of Massachusetts, it was:
Ordered, That the respondent present the answer to the articles of
impeachment at 12 o'clock and 30 minutes post meridian on Monday, the
29th day of July, 1912.
The following orders were then severally agreed to:
Ordered, That the managers on the part of the House be allowed until
the 1st day of August, 1912, at 1 o'clock in the afternoon, to present
a replication, or other pleading, of the House of Representatives to
the answer of the respondent. That any subsequent pleadings, either on
the part of the managers or of the respondent, shall be filed with the
Secretary of the Senate, of which notice shall be given to the House of
Representatives and the respondent, respectively, so that all pleadings
shall be closed on or before the 4th day of August, 1912.
Ordered, That in all matters relating to the procedure of the Senate,
sitting in the trial of the impeachment of Robert W. Archbald, circuit
judge of the United States, whether as to form or otherwise, the
managers on the part of the House or the counsel representing the
respondent may submit a request or application orally to the Presiding
Officer, or, if required by him or requested by any Senator, shall
submit the same in writing.
In all matters relating immediately to the trial, such as the
admission, rejection, or striking out of evidence, or other questions
usually arising in the trial of causes in courts of justice, if the
managers or counsel for the respondent desire to make any application,
request or objection, the same shall be addressed directly to the
Presiding Officer, and not otherwise.
It shall not be in order for any Senator to engage in colloquy or to
address questions either to the managers on the part of the House or
the counsel for the respondent, nor shall it be in order for Senators
to address each other, but they shall address their remarks directly to
the Presiding Officer.
Ordered, That the proceedings of the Senate sitting in the trial of
impeachment of Robert W. Archbald be printed daily for the use of the
Senate as a separate document.
And then, at 1 o'clock and 19 minutes p. m., the Senate, sitting for
the trial of the impeachment, adjourned, and the managers on the part
of the House and the respondent and his counsel withdrew from the
Chamber.
505. The Archbald impeachment continued.
The answer of Judge Archbald to the articles of impeachment was
signed by himself and his counsel.
The answer in the Archbald case was read by the Secretary of the
Senate.
The answer of Judge Archbald demurred severally to all the articles
of impeachment, alleging that no impeachable offense had been charged
and then replying in detail to the charges set forth in each article.
The managers were not supplied with a copy of the answer of Judge
Archbald at the time of filing.
On July 29 \1\ the Senate, at the appointed hour, discontinued its
legislative business, and the session for the impeachment proceedings
was opened with the usual proclamation by the Sergeant at Arms.
The oath was administered to certain Senators not previously sworn.
-----------------------------------------------------------------------
\1\ Second session Sixty-second Congress, Senate Journal, p. 630;
Record, p. 9795
Sec. 506
The managers, and the respondent with his counsel, having attended,
the President pro tempore directed the Journal of the last session's
proceedings to be read. The Journal having been approved, Mr.
Worthington presented the respondent's answer, consisting of a separate
demurrer and answer to each of the 13 articles of impeachment, which
was read by the Secretary.
This answer of respondent appears in full in the Journal.\1\
At the conclusion of the reading Mr. Manager Clayton inquired if the
counsel could furnish the managers on the part of the House of
Representatives with a copy of this answer by the respondent to the
articles of impeachment.
Mr. Worthington, of counsel for the respondent, replied:
Mr. President, I regret to say that we had obtained a copy for that
purpose, but different newspapers and press associations exhausted the
copies, even our own office copy. Otherwise we should be very happy to
hand a copy to the managers.
And then, on motion of Mr. Lodge, at 2 o'clock and 5 minutes p.m.,
the Senate, sitting on the trial of impeachment, adjourned until
Thursday, August 1, 1912, at 1 o'clock, p.m.
506. The Archbald impeachment continued.
An attested copy of Judge Archbald's answer, having been messaged to
the House by the Senate, was referred to the managers.
The managers having prepared a replication to the answer of Judge
Archbald, submitted it to the House for approval and adoption.
The House notified the Senate by message that it had adopted a
replication in the Archbald trial and had authorized its managers to
file with the Secretary of the Senate any further pleading deemed
necessary.
On July 31,\2\ in the House, the Speaker announced the reference to
the managers on the part of the House of Representatives of an attested
copy of the answer of Robert W. Archbald to the articles of impeachment
messaged to the House from the Senate on the previous day.
Mr. Manager Clayton said:
Mr. Speaker, I am directed by my associate managers on the part of
the House to say that the managers were furnished on yesterday with a
certified copy of the answer of Judge Archbald, additional circuit
judge for the first judicial circuit, designated a judge in the
Commerce Court.
And I am further directed to say that the managers have considered
the answer in the matter of the impeachment proceedings against Judge
Archbald and have directed me to present to the House, and ask its
adoption, the replication \3\ to such answer, and I ask that the Clerk
read the replication, which I send to the desk.
The Clerk read the replication. On motion of Mr. Manager Clayton, the
replication was unanimously adopted.
Mr. Manager Clayton then offered the following resolution, which was
agreed to:
Resolved, That a message be sent to the Senate by the Clerk of the
House informing the Senate that the House of Representatives has
adopted a replication to the answer of Robert W.
-----------------------------------------------------------------------
\1\ Senate Journal, pp. 630-639.
\2\ Second session Sixty-second Congress, House Journal, p. 910;
Record, p. 9954.
\3\ House Report No. 1119.
Sec. 507
Archbald, additional circuit judge of the United States for the third
judicial circuit, and designated a judge of the United States Commerce
Court, to the articles of impeachment exhibited against him, and that
the same will be presented to the Senate by the managers on the part of
the House; and also that the managers have authority to file with the
Secretary of the Senate, on the part of the House of Representatives,
any subsequent pleadings which they shall deem necessary.
507. The Archbald impeachment, continued.
The replication in the Archbald trial was presented by the managers
and read by the Secretary of the Senate.
The replication of the House to the answer of Judge Archbald was
submitted without signature.
The replication of the House consisted of a general denial of all
allegations set forth in Judge Archbald's answer and an averment that
the charges contained in the articles of impeachment set forth
impeachable offenses.
On August 1 \1\ the Senate went into session for the trial in the
usual form.
The President pro tempore laid before the Senate a message received
from the House of Representatives, which was read by the Secretary, as
follows:
Resolved, That a message be sent to the Senate by the Clerk of the
House informing the Senate that the House of Representatives has
adopted a replication to the answer of Robert W. Archbald, additional
circuit judge of the United States for the third judicial circuit and
designated a judge of the United States Commerce Court, to the articles
of impeachment exhibited against him, and that the same will be
presented to the Senate by the managers on the part of the House; and
also that the managers have authority to file with the Secretary of the
Senate, on the part of the House of Representatives, any subsequent
pleadings which they shall deem necessary.
Mr. Manager Clayton said:
Mr. President, on behalf of the House of Representatives and on
behalf of the managers of the House of Representatives I now present
the replication of the House of Representatives to the answers made by
Robert W. Archbald, United States circuit judge for the third judicial
circuit and designated a judge of the United States Commerce Court. The
replication is to the answer of the respondent. I ask that it be read
by the Secretary.
The replication was read by the Secretary and ordered to be printed.
Mr. Manager Clayton then submitted the following order for adoption
by the Senate:
Ordered, That lists of witnesses be furnished the Sergeant at Arms by
the managers and the respondent, who shall be subpoenaed by him to
appear at 12 o'clock and 30 minutes postmeridian on the 7th day of
August, 1912.
Ordered, That the cause shall be opened and the trial proceeded with
at 12 o'clock and 30 minutes postmeridian on the 7th day of August,
1912.
Mr. Worthington, of counsel for the respondent, objected:
Mr. President, as far as I know, it is unprecedented to ask the court
to fix a time for the trial of a case until it is at issue. By an order
which has heretofore been made by the Senate it is provided that after
this replication shall have been filed further pleadings on either side
may be filed with the Secretary of the Senate, the pleadings to be
closed by next Saturday. Having heard the replication read, I am quite
clear that it will be necessary to file a further pleading on
-----------------------------------------------------------------------
\1\ Second session Sixty-second Congress, Senate Journal, p. 638;
Record, p. 9983.
Sec. 508
behalf of the respondent in order to have this case in such shape that
it can be legally determined. So far as we are concerned, I think that
further pleading may in all probability be filed certainly by 12
o'clock to-morrow.
I would respectfully suggest that it is not in order to fix a time
for the trial until what is to be tried is fixed by the pleadings in
the case.
Upon further argument by Mr. Manager Clayton and Mr. Worthington--
The President pro tempore. The Chair will be glad to submit any
motion which counsel for the respondent may make.
Mr. Worthington. The rule which you have adopted would permit counsel
for the respondent or the managers to make orally any request for an
order, but it must be reduced to writing if required.
I make orally the motion that the question of fixing a date for the
trial be postponed until the court convenes on Saturday next.
After further discussion, Mr. Thomas S. Martin, of Virginia,
suggested that the managers on the part of the House permit
consideration of their motion to go over until Saturday, August 1.
The President pro tempore submitted:
Counsel on the part of the respondent asks that the consideration of
the question as to when the trial shall be proceeded with be postponed
for determination until Saturday. Is there objection? If not, by
unanimous consent it is so ordered. Is there any other matter the
managers on the part of the House desire to present?
Mr. Manager Clayton. There is nothing else, Mr. President, and having
no other business before the Senate, we beg leave at this time to
retire.
Thereupon the managers and respondent, with his counsel, withdrew and
adjournment was taken until August 3, at 2 o'clock p.m.
508. The Archbald impeachment, continued.
Counsel for Judge Archbald having elected not to plead further
notified the managers by letter of that decision.
In response to an objection by the managers to the designation
``board of'' managers, contained in a communication incorporated in the
record of proceedings, the Secretary of the Senate was authorized to
correct the designation.
In the Archbald trial the Senate provided that lists of witnesses to
be subpoenaed should be furnished by managers or counsel to the
Sergeant at Arms and that additional witnesses desired later should be
subpoenaed on application to the Presiding Officer.
The Senate considered in secret session a motion by the managers
fixing the date on which the Archbald trial should be opened.
The Senate declined to grant the motion of the managers, submitted
August 3, that the trial of Judge Archbald begin August 7, and, on
motion of a Senator, set the opening of the trial for December 3.
Sec. 508
On August 3 \1\ a letter addressed to Mr. Manager Clayton by Mr.
Worthington, of counsel for the respondent, was, by request of Mr.
Worthington, seconded by Mr., Manager Clayton, read and incorporated in
the record as follows:
Washington, D. C., August 2, 1912.
Hon. Henry D. Clayton,
Chairman Board of Managers in the matter of
the impeachment of Robert W. Archbald.
Dear Sir: Inasmuch as counsel for Judge Archbald have decided not to
file any further pleadings in his case, it is due to the board of
managers that I should notify them of that fact and inform them why
counsel have changed their minds on this subject since the argument in
the Senate yesterday.
In the respondent's first answer to each of the articles of
impeachment he avers in substance that the article does not set forth
an impeachable offense. In the first paragraph of the replication filed
on behalf of the House of Representatives issue was joined on these
answers. But as to whole of the sixth article and as to part of the
thirteenth article the respondent pleads in substance that even if the
article sets forth an impeachable offense it sets it forth in such
general and indefinite terms that the respondent should not be called
upon to answer it. And as to the thirteenth article, the plea is made
that it is bad because it undertakes to charge in one article two
separate and distinct offenses.
We do not find in the replication any distinct reference to either of
these two last-mentioned defenses, relating one to both the sixth and
the thirteenth articles and the other to the thirteenth article alone.
It was our impression yesterday that for this reason some further
pleading would be necessary on our part as to these two matters.
However, as you stated in the Senate yesterday that it is the
understanding of the board of managers that their replication is a
denial of all of our allegations as to the insufficiency of the
articles of impeachment, whether on one ground or another, counsel for
tale respondent have decided that they will accept this construction of
the replication made by the board of managers. This being so, no
further pleading seems to be necessary, and we will be ready, when the
Senate meets to-morrow, to take up the question of the date of trial.
Yours, very truly,
A. S. Worthington
Of Counsel for Respondent.
Thereupon Mr. Manager Clayton said:
Mr. President, I do not desire to be hypercritical of the language
employed by the counsel, but so far as my investigation goes, I am led
to understand that the managers of the House have never before been
spoken of as a board of managers. I therefore ask the counsel to strike
from his letter the words ``board of'' wherever they occur. We are not
a board of managers. We are managers on the part of the House of
Representatives; and while not a purist, not a hairsplitting dealer in
technicalities, I think it is proper that in papers of this character
and of this solemnity the usual forms be followed.
The President pro tempore. The Secretary will make the correction.
On request of Mr. Manager Clayton, the order pending before the
Senate at adjournment was reported. On motion of Mr. Manager Clayton,
the order was amended to read as follows:
Ordered, That lists of witnesses be furnished the Sergeant at Arms by
the managers and the respondent, who shall be subpoenaed by him to
appear at 12 o'clock and 30 minutes postmeridian on the 7th day of
August, 1912.
And further ordered, That in case hereafter the managers or the
respondent may desire the attendance of additional witnesses, in such
case the managers or the respondent may have the
-----------------------------------------------------------------------
\1\ Second session Sixty-second Congress, Senate Journal, p. 638;
Record, p. 10132.
Sec. 508
witness or witnesses desired subpoenaed, in accordance with the
practice and usage of the Senate, upon application in such form as may
be approved by the Presiding Officer.
Ordered, That the cause shall be opened and the trial proceeded with
at 12 o'clock and 30 minutes postmeridian on the 7th day of August,
1912.
The President pro tempore. The Presiding Officer would inquire
whether the counsel for the respondent desires to submit any order.
Mr. Worthington, No, Mr. President.
After argument by Mr. Manager Clayton and Mr. Worthington on the
adoption of the order as amended, Mr. Clark, of Wyoming, submitted:
Mr. President, anticipating that the decision of this matter will
lead to some debate, and as under the rules it must be considered
behind closed doors, I move that the doors be closed for the purpose of
deliberation.
The motion was agreed to, and the President pro tempore directed the
Sergeant at Arms to clear the galleries and close the doors. The
managers and the respondent, with his counsel, withdrew, and at 4
o'clock and 30 minutes p. m., the doors were closed until 5 o'clock and
32 minutes p. m., when the doors were reopened.
The managers on the part of the House and the respondent, accompanied
by counsel, entered the Chamber and took the seats assigned them.
Mr. Jacob H. Gallinger, of New Hampshire, offered the following
order:
Ordered, That lists of witnesses be furnished the Sergeant at Arms by
the managers and the respondent, who shall be subpoenaed by him to
appear at 12 o'clock and 30 minutes postmeridian on the 3d day of
December, 1912.
Ordered, That the cause shall be opened and the trial proceeded with
at 12 o'clock and 30 minutes postmeridian on the 3d day of December,
1912.
Mr. Henry L. Meyers, of Montana, offered the following as a
substitute for the order submitted by Mr. Gallinger:
Ordered, That the trial of the accused under these impeachment
proceedings and charges be, and is hereby, set for the 15th day of
August, 1912, at 12:30 p. m., and that orders for witnesses be filed on
or before August 10, 1912, and thereafter as the Senate may order.
The order submitted by the managers on the part of the House of
Representatives was also read. The pending question was then put by the
President pro tempore, as follows:
The several orders are before the Senate for consideration. Under the
view taken by the Presiding Officer, the question should first be put
on the order fixing the most distant time. That is in accordance with
parliamentary procedure and also in accordance with such procedure as
might be considered proper in a court. The order proposed by the
Senator from New Hampshire, Mr. Gallinger, is the one which fixes the
longest period, and the vote will first be taken upon that. The rule
\1\ of the Senate requires that the vote shall be taken by yeas and
nays. It is therefore not necessary that the yeas and nays should be
ordered as in other instances. As Senators' names are called, those who
favor the date fixed by the order proposed by the Senator from New
Hampshire will vote ``yea.'' Those who are opposed to that date and
favor other dates will as their names are called, vote ``nay.'' The
Secretary will call the roll.
The roll being called, it was decided in the affirmative, yeas 44,
nays 19, and the order submitted by Mr. Gallinger was agreed to.
-----------------------------------------------------------------------
\1\ Standing Rules of the Senate, Rule V, p. 174.
Sec. 509
The managers on the part of the House thereupon retired from the
Chamber.
The Senate sitting for the trial of the impeachment continued in
session and considered briefly a matter of procedure \2\ relating to
the trial.
Following the disposition of the question of procedure, the
respondent retired from the Chamber, and the Senate, sitting for the
trial of the impeachment, adjourned until Tuesday, December 3, at 12:30
o'clock p. m.
509. The Archbald impeachment, continued.
The opening addresses in the Archbald trial were regulated by order
of the Senate.
Managers and counsel made extended opening statements in the Archbald
trial, the managers outlining charges which they proposed to establish
and counsel for the respondent setting forth the contention that
impeachment could be sustained only on conviction of offenses
punishable in criminal court and controverting charges preferred in the
articles of impeachment.
On December 3, 1912,\1\ Mr. Worthington introduced Mr. Alexander
Simpson, Jr., of the Philadelphia bar, as associate counsel for the
respondent.
The following orders were severally agreed to:
Ordered, That the daily sessions of the Senate sitting in the trial
of impeachment of Robert W. Archbald, additional circuit judge of the
United States, shall, unless otherwise ordered, commence at 2 o'clock
in the afternoon.
Ordered, That the opening statement on behalf of the managers shall
be made by one person, to be immediately followed by one person who
shall make the opening statement on behalf of the respondent.
Upon suggestion of Mr. Manager Clayton and Mr. Worthington,
respectively, it was agreed that the managers on the part of the House
of Representatives and the respondent and his counsel should, during
the remainder of the proceedings, appear without the formality of an
announcement.
Mr. Manager Clayton opened the case for the House of Representatives
as follows:
Mr. President, as I understand the action of the Senate, it
contemplated that at this time the managers should proceed to make a
statement embodying the facts upon which the articles of impeachment
are predicated in this case.
Mr. Manager Clayton then proceeded with a statement of what the
managers proposed to prove.
He was followed by Mr. Worthington, who said:
Mr. President and Senators, for the first time in an impeachment
trial in this tribunal the opening statement for the respondent is to
be made at the beginning of the case instead of at the close of the
testimony on behalf of the managers. We have desired to do this and are
doing it with the acquiescence of the honorable managers for two
reasons. One is that the Members of the Senate may know when the
introduction of testimony is going on what are the questions of fact in
dispute. The other is that Senators may know from the beginning what we
rely upon as the law of the case.
-----------------------------------------------------------------------
\1\ Third session Sixty-second Congress, Senate Journal, p. 317;
Record, p. 21.
\2\ See section 7714, Chapter CXCI in this volume.
Sec. 510
Mr. Worthington then stated the contention of counsel on behalf of
the respondent, that Judge Archbald could be properly convicted in
impeachment proceedings only when convicted of an offense punishable in
a criminal court, and controverted and discussed in detail allegations
contained in the charges preferred in the articles of impeachment.
In reply to an allusion made by Mr. Worthington in discussing the
theory that impeachment could be only for indictable offenses, Mr.
Manager Clayton said by way of rebuttal:
Mr. President, in reply to the complaint which has been made by the
honorable gentleman who represents the respondent that we did not go
into the discussion of the law in the preliminary statement which the
managers had the honor to submit this afternoon, I beg to say that we
followed what we believed to be the practice in such cases. I have
before me the record in the case of Judge Swayne. I observe that Judge
Palmer, who was then the manager speaking for all the managers, after
he concluded his statement of facts, winding up, with a condensed
summary of all the statements which he had made at length, ended the
preliminary statement of facts which is required according to the rules
and practice of the Senate. He did not at that time present any brief
or any argument or any views on the law of impeachment. The managers,
Mr. President, have already prepared in a formal way a brief, and can
present that brief, and in argument fully cover their views as to the
law of impeachment; but we thought that this brief and what the
managers said last summer, which is in the Record and to which I have
referred, would amply apprise the honorable counsel for the respondent
of the line of argument on the law in this case that the managers would
pursue.
On December 5,\1\ on motion of Mr. John D. Works, of California, it
was--
Ordered, That such briefs and citations of authorities as have
already been prepared by the managers on the part of the House and
counsel for the respondent be filed with the Secretary and printed in
the Record for the immediate use of Senators.
510. The Archbald impeachment, continued.
The presentation of evidence in the Archbald trial.
Instances wherein the Senate by order restricted the number of
character witnesses which might be called to testify.
An instance in which the Senate by order disregarded an established
rule of evidence.
On December 4,\2\ following the reading and approval of the Journal,
the names of witnesses on behalf of the managers were read to ascertain
their presence, and the introduction of testimony on behalf of the
managers began.
This presentation of testimony continued on December 5, 6, 7, 9, 10,
11, 12, and was concluded on December 14, when Mr. Manager Clayton
announced that examination in chief had been concluded.
The introduction of testimony on behalf of the respondent was begun
on December 16 and continued until December 19, when adjournment was
taken until January 3, 1913.
-----------------------------------------------------------------------
\1\ Record, p. 151.
\2\ Third session Sixty-second Congress, Record, p. 98.
Sec. 511
On December 17,\3\ following the introduction of a number of
witnesses called by counsel on behalf of the respondent to testify as
to respondent's character, Mr. Manager Clayton said:
Mr. President, the managers have offered no character witnesses
anywhere in these proceedings; it is not their purpose to offer any
character witnesses. Ten character witnesses have been examined. The
rule adopted, or the practice I may say, to be more accurate, in all
the courts of justice so far as I know is that the court has the
discretionary power to limit the number of witnesses as to character. I
take it that that power is an inseparable incident of the court to
regulate its proceedings and for the purpose, among others, of bringing
the trial to an end.
In so far as I know, all courts permit a reasonable number of
witnesses to be examined on character; but where the testimony of the
character of the party is not controverted, the court has always, after
a reasonable number of witnesses have been examined, held that no more
should be examined on that particular matter. Some of the courts of the
Union hold that four character witnesses are sufficient where the
testimony of those witnesses is not controverted.
So, Mr. President, I respectfully submit to you and to the Senate
that after these gentlemen have examined 10 witnesses on character and
when the testimony of those character witnesses is not disputed--is not
controverted--and when the managers tell the Senate it will not be
controverted, it seems to me that the further examination of character
witnesses might well be dispensed with.
The Presiding Officer said:
The Chair recognizes, of course, that the practice is such as the
manager has indicated, and the necessity of it is apparent. Otherwise
the time of a court might be indefinitely taken up through the
introduction of innumerable witnesses. At the same time the Chair
recognized that in this case the character of the respondent is
necessarily in issue, and on account of the gravity of the case and the
peculiar position which the Presiding Officer holds, simply as the
mouthpiece of the Senate, the Chair does not feel authorized to take
the responsibility of shutting off the respondent in the proof which he
seeks to make upon this line. The Senate has full control over the
matter whenever it sees proper to exercise it.
Thereupon, on motion of Mr. James A. Reed, of Missouri, it was--
Ordered, That the number of character witnesses shall be limited to
15.
On December 18,\1\ on cross-examination, Mr. Manager Webb proposed to
interrogate Miss Mary F. Boland, a witness called in behalf of the
respondent, about certain matters relative to a conversation which had
not been referred to in the examination in chief. Objection by counsel
for the respondent was sustained by the presiding officer.
The Presiding Officer. The rule is plain that the counsel can only
cross-examine the witness about matters upon which the witness has been
interrogated on direct examination.
Whereupon, on motion of Mr. James A. Reed, of Missouri, it was--
Ordered, That the witness now on the stand, Miss Mary F. Boland, be
at this time interrogated by the managers relative to that part of the
conversation sought to be elicited.
511. The Archbald impeachment, continued.
In the impeachment trial of Judge Archbald the respondent took the
stand and testified in his own behalf.
No rebuttal evidence was offered by the managers in the Archbald
trial.
-----------------------------------------------------------------------
\1\ Third session Sixty-second Congress, Senate Journal, p. 322;
Record, p. 841.
\2\ Record, p. 774.
Sec. 511
The Senate limited the time of the final arguments in the impeachment
trial of Judge Archbald.
The order in which closing arguments in the Archbald trial should be
made was arranged by stipulation between managers and counsel.
The Senate permitted argument in manuscript to be filed with the
reporter and included in the printed report of the proceeding.
Counsel having withheld remarks from the record in violation of the
rule, the managers called attention to the infraction and asked that
the rule be enforced.
The Senate fixed the time at which a final vote should be taken on
the articles of impeachment presented against Judge Archbald and
notified the House by message.
The voting on the articles in the Archbald impeachment was without
debate but each Senator was permitted to file an opinion to be
published in the printed proceedings.
The presentation of testimony on behalf of the respondent was resumed
on January 3, 1913, and continued on January 4 and January 6, and
concluded on January 7. On the last two days the respondent was called
to the stand in person by counsel and testified in his own behalf,\1\
being cross-examined by the managers and answering numerous questions
propounded by Senators in writing. No rebuttal evidence was presented
by the managers.
The taking of evidence having been concluded on both sides, on
suggestion of the managers, all witnesses summoned on behalf of either
side were finally discharged.
On motion of Mr. Reed Smoot, of Utah, it was:
Ordered, That hereafter the daily sessions of the Senate sitting in
the trial of impeachment of Robert W. Archbald, additional circuit
judge of the United States, shall commence at 1 o'clock in the
afternoon and shall continue until 6 o'clock p. m.; that the time for
final argument of the case shall be limited to three days from and
including January 8, 1913, and shall be divided equally between the
managers on the part of the House of Representatives and the counsel
for the respondent, the time thus assigned to each side to be divided
as each side may for itself determine.
On January 8 \2\ agreement between managers and counsel for the
respondent as to order in which argument should be made was indicated
by Mr. Worthington, as follows:
Mr. President, I may say it is entirely agreeable to counsel for the
respondent. We have had some conference with the managers about it, and
we understand that all the managers who are to speak, except the one
who is to make the closing argument, will speak before we begin.
The following orders were severally agreed to:
Ordered, That the time for final arguments in the trial of
impeachment of Robert W. Archbald, additional circuit judge of the
United States, shall be limited to three days from and including
January 8, 1913, and shall be divided equally between the managers on
the part of the House of Representatives and the counsel for the
respondent, the time thus assigned to each side to be divided as each
side may for itself determine.
-----------------------------------------------------------------------
\1\ This is apparently the only instance in which a respondent in an
impeachment case before the Senate has taken the stand in his own
behalf.
\2\ Third session Sixty-second Congress, Senate Journal, p. 325;
Record, p. 1208.
Sec. 511
Ordered, That any of the managers or counsel for the respondent
having all or any portion of his argument in manuscript may deliver a
copy of the same to the Reporter or any portion thereof, which for lack
of time or to save the time of the Senate the managers or counsel shall
omit to deliver or read, and the same shall be incorporated by the
Reporter as a part of the argument delivered, and any manager or
counsel who does not address the court may file and have printed as a
part of the proceedings an argument before the close of the discussion.
Mr. Manager Sterling, on behalf of the managers, began the argument
in support of the articles of impeachment, and was followed by Messrs.
Manager Webb and Manager Floyd. Mr. Manager Howland also addressed the
Senate and had not concluded at adjournment. On January 9 \3\ Mr.
Manager Howland concluded his argument, and Messrs. Manager Norris and
Manager Davis continued for the managers.
Mr. Simpson then opened the argument on behalf of the respondent, and
was followed by Mr. Worthington, who concluded his argument on January
10.\4\ Mr. Worthington was followed by Mr. Manager Clayton, who closed
the argument on behalf of the managers.
At the conclusion of the argument, Mr. Reed, proposed to submit to
the respondent for answer the following question which he sent to the
desk in writing:
You have testified that you were in doubt with reference to the
proper construction to be placed upon the testimony of Mr. Compton, and
that thereupon you wrote a letter to Helm Bruce, the attorney, asking
him for his construction of the evidence and you have further stated
that you attached the reply written by Helm Bruce to the record. It
appears in the original record that in the sentence which appears in
typewriting, ``We did apply it there,'' an alteration is made by pen
and ink, a caret being inserted between the words ``did'' and
``apply,'' and a line is drawn from the caret to the margin, and the
word ``not'' written. Did you make this alteration?
On motion of Mr. Clark, of Wyoming, the doors were closed for
deliberation. After one hour and four minutes the doors were reopened,
and the President pro tempore announced that the Senate in private
conference had determined that the question should not be asked. Mr.
Reed withdrew the request.
On January 11,\5\ upon the approval of the minutes, Mr. Clark, of
Wyoming, moved that the doors be closed for deliberation on the part of
the Senators, and the question was put, when Mr. Manager Clayton said:
Before the motion is announced as having been carried, I will state
that I submitted a communication to the President of the Senate this
morning directing attention to what I think is an infraction of the
rules of the Senate on the part of Mr. Worthington, of counsel for the
respondent, who has withheld his remarks from the Record.
Mr. President, everyone else printed his remarks when those remarks
were completed without withholding them, and I know of no rule of any
court which permits this to be done. Against that, Mr. President, I
desire to say that I think it is improper. I have called the attention
of the Presiding Officer to that fact, and I hope that the order made
in this case will be observed.
Mr. Worthington said:
I have only to say, Mr. President, that after the late hour when we
adjourned here last night, as soon as possible I got to work at the
manuscript which had been forwarded to me and continued to work on it
until midnight. I was then told that it was too late to get it in the
Record of to-day.
I was not aware of any rule of the Senate which prevented this from
being done, and I observed I think that the remarks of one of the
managers, Mr. Manager Howland, had been withheld.
-----------------------------------------------------------------------
\3\ Record, p. 1258.
\4\ Record, p. 1329.
\5\ Record, p. 1385.
Sec. 512
To which Mr. Manager Clayton rejoined:
Mr. President, may I not make, with the permission of the Senator,
another suggestion? The manager who is now addressing you remained at
his office last night until the hour of 12:30 in order to read the
manuscript of the report of his remarks made here yesterday, made after
the gentleman who has just addressed you made his. And it will be borne
in mind that Mr. Worthington made part of his argument day before
yesterday.
Mr. President, it seems to me that in all fairness and due observance
of this rule his remarks should have been in the Record this morning.
This manager, who labored under greater disadvantage than he did, has
put his in the Record this morning.
Mr. Frank B. Brandegee, of Connecticut, having made the point of
order that made the motion to close the doors is not debatable, the
President pro tempore said:
The Chair withheld the announcement of the vote out of courtesy to
the manager on the part of the House of Representatives, which the
Chair supposed would meet with the acquiescence and approval of the
Senate. Strictly, of course, the order to close the doors ought to have
been made, but this was the only opportunity, and the manager on the
part of the House of Representatives, in the opinion of the Chair, was
entitled to that courtesy. The Chair will now, however, declare that
the motion of the Senator from Wyoming is carried, and the Sergeant at
Arms is directed to clear the galleries and close the doors.
The doors having been reopened, on motion of Mr. Clark of Wyoming, it
was severally:
Ordered, That on Monday, January 13, 1913, at the hour of 1 o'clock
p.m., a final vote be taken on the articles of impeachment presented by
the House of Representatives against Robert W. Archbald, additional
circuit judge of the United States.
Ordered, That the Secretary of the Senate do acquaint the House of
Representatives that the Senate sitting as a High Court of Impeachment
will on Monday, the 13th day of January instant, at the hour of 1
o'clock, p.m., proceed to pronounce judgment on the articles of
impeachment exhibited by the House of Representatives against Robert W.
Archbald.
Mr. Elihu Root of New York then submitted the following:
Ordered, That upon the final vote in the pending case each Senator
may, in giving his vote, state his reasons therefor, occupying not more
than one minute, which reason shall be entered in the Journal in
connection with his vote; and each Senator may, within two days after
the final vote, file his opinion, in writing, to be published in the
printed proceedings in the case.
Mr. McCumber. I move to amend the proposed order by striking out the
first of it, relating to the one-minute explanation of a vote, so that
the latter portion may still stand.
The amendment was agreed to, yeas 40, nays 31, and the order as
amended was unanimously adopted.
512. The Archbald impeachment, continued.
Forms of voting on the articles and declaring the result in the
Archbald impeachment.
The Presiding Officer announced the result of the vote on each
article of the Archbald impeachment and the conviction or acquittal of
respondent on each.
The respondent, who had attended throughout the Archbald trial, was
represented by counsel, but was not present at the time of rendering
judgment.
Sec. 512
Having found Judge Archbald guilty, the Senate proceeded to pronounce
judgment of removal and disqualification.
The Presiding Officer held that the question on removal and
disqualification was divisible.
Form of judgment pronounced by the Presiding Officer in the Archbald
case.
The Archbald trial being concluded, the Senate, on motion, adjourned
without day.
No report, on the conclusion of the Archbald trial, was made to the
House by the managers, but the Senate, by message, announced the
judgment.
On January 13 \1\ the President pro tempore announced that the time
had arrived for the consideration of the impeachment. Mr. Worthington,
Mr. Robert W. Archbald, jr., and Mr. Martin, of counsel for the
respondent, and the managers on the part of the House of
Representatives appeared in the seats provided for them.
The Sergeant at Arms made the usual proclamation and the Journal was
read and approved.
On motion of Mr. Root, it was:
Ordered, That upon the final vote in the pending impeachment the
Secretary shall read the articles of impeachment successively, and when
the reading of each article is concluded the Presiding Officer shall
state the question thereon as follows:
``Senators, How say you? Is the respondent, Robert W. Archbald,
guilty or not guilty as charged in this article?''
Thereupon the roll of the Senate shall be called, and each Senator as
his name is called shall arise in his place and answer ``guilty'' or
``not guilty.''
Several Senators were by unanimous consent excused from voting on
plea of having been unavoidably detained from the Senate during a
portion of the trial or having come into the Senate since the beginning
of the trial. Other Senators were excused from voting on those articles
specifying offenses occurring prior to appointment of the respondent as
circuit judge, expressing themselves as entertaining doubts as to his
impeachability for offenses committed in an office other than that he
held at time of impeachment. Mr. Benjamin R. Tillman, of South
Carolina, was excused from voting on all save the first count. The
Speaker pro tempore, as presiding officer, was also excused from voting
except in the case of an article where his vote would affect the
result.
By direction of the President pro tempore, the first article of
impeachment was read.
The President pro tempore.
The Chair now submits article 1 to the judgment of the Senate.
Senators, how say you? Is the respondent, Robert W. Archbald, guilty
or not guilty as charged in this article? The Secretary will call the
roll of the Senate for the separate response of each Senator.
-----------------------------------------------------------------------
\1\ Third session Sixty-second Congress, Senate Journal, p. 326;
Record, p. 1438.
The roll was called and the President pro tempore announced:
Sec. 512
It appears from the responses given by Senators that 68 Senators have
voted guilty and 5 Senators have voted not guilty. More than two-thirds
of the Senators having voted guilty, the Senate adjudges the
respondent, Robert W. Archbald, guilty as charged in the first article
of impeachment.
The Secretary proceeded to read the second article, when Mr. Hoke
Smith, of Georgia, moved that the Senate close the doors and go into
secret session.
Mr. Culberson. Mr. President, a point of order. The Senate has
already decided to vote at this hour on the articles of impeachment.
The President pro tempore said:
That is true; and in the absence of any order to the contrary, that
order would undoubtedly be carried out. It is, however, for the Senate
to determine whether it will at any time suspend that order. It is not
a matter of unanimous consent, but it is an order which can be changed
or not changed, as the Senate may see proper to do.
Pending the vote, Mr. Worthington inquired:
Mr. President, before the question is put, I ask, if the motion be
carried, whether it will result in excluding counsel for the respondent
from the Senate Chamber?
The President pro tempore. Yes; it would, while the Senate was in
secret deliberation, exclude everybody except Senators and those who
are privileged under such circumstances.
Mr. Worthington. I trust that nothing will be done which will exclude
counsel for the respondent while the vote is being taken.
The President pro tempore. There will be no vote taken in secret
session; there can not be. The question is on the motion of the Senator
from Georgia [Mr. Smith], to now close the doors.
Thereupon Mr. Smith withdrew his motion.
The remaining articles of impeachment were read by the Secretary, and
at the conclusion of the reading of each article the roll was called.
After each roll call the vote was recapitulated and the President pro
tempore announced the result.
The results were as follows:
------------------------------------------------------------------------
Not
Guilty. guilty.
------------------------------------------------------------------------
Article I........................................... 68 5
Article 2........................................... 46 25
Article 3........................................... 60 11
Article 4........................................... 52 20
Article 5........................................... 66 6
Article 6........................................... 24 45
Article 7........................................... 29 36
Article 8........................................... 22 42
Article 9........................................... 23 39
Article 10.......................................... 1 65
Article 11.......................................... 11 51
Article 12.......................................... 19 46
Article 13.......................................... 42 20
------------------------------------------------------------------------
Sec. 512
At the conclusion of the voting Mr. James A. O'Gorman, of New York,
presented the following:
Ordered, That the respondent, Robert W. Archbald, circuit judge of
the United States from the third judicial circuit and designated to
serve in the Commerce Court, be removed from office and be forever
disqualified from holding and enjoying any office of honor, trust, or
profit under the United States.
A division being demanded, the first portion of the order was agreed
to.
The question being taken on the second portion of the order, it was
decided in the affirmative--yeas 39, nays 35. So the order was adopted.
The President pro tempore thereupon pronounced the judgment of the
Senate as follows:
The Senate therefore do order and decree, and it is hereby adjudged,
that the respondent Robert W. Archbald, circuit judge of the United
States from the third judicial circuit, and designated to serve in the
Commerce Court, be, and he is hereby, removed from office; and that he
be and is hereby forever disqualified to hold and enjoy any office of
honor, trust, or profit under the United States.
On motion of Mr. Gallinger, it was:
Resolved, That the Secretary be directed to communicate to the
President of the United States and to the House of Representatives the
foregoing order and judgment of the Senate and transmit a certified
copy of the same to each.
Whereupon, on motion of Mr. Gallinger, the Senate, sitting for the
trial of the article of impeachment against Robert W. Archbald,
adjourned without day.
On January 14, in the House, a message was received from the Senate,
by one of its clerks, announcing that the Senate had passed the
following order:
Ordered, That the respondent, Robert W. Archbald, circuit judge of
the United States from the third judicial circuit, and designated to
serve in the Commerce Court, be removed from office and be forever
disqualified from holding and enjoying any office of honor, trust, or
profit under the United States.
Resolved, That the Secretary be directed to communicate to the
President of the United States and to the House of Representatives the
foregoing order and judgment of the Senate and transmit a certified
copy of the same to each.
No report was made by the managers to the House.