[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 14. Impeachment Powers]
[B. Investigation and Impeachment]
[Â§ 9. Presentation to Senate; Managers]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2077-2085]
 
                               CHAPTER 14
 
                           Impeachment Powers
 
                    B. INVESTIGATION AND IMPEACHMENT
 
Sec. 9. Presentation to Senate; Managers

    Following the adoption of a resolution and articles of impeachment, 
the House proceeds to the adoption of privileged resolutions (1) 
appointing managers to conduct the trial on the part of the House and 
directing them to present the articles to the Senate; (2) notifying the 
Senate of the adoption of articles and appointment of managers; and (3) 
granting the managers necessary powers and funds.(15)
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15. See Sec. 9.1, infra.
            In former Congresses, managers were elected by ballot or 
        appointed by the Speaker pursuant to an authorizing resolution 
        (see Sec. 9.3, infra).
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    The managers have jurisdiction over the answer of the respondent to 
the articles impeaching him, and may prepare the replication of the 
House to the respondent's answer. The replication has not in the last 
two impeachment cases been submitted to the House for 
approval.(16)
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16. See Sec. 10, infra.
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    In the Harold Louderback proceedings, where the accused was 
impeached in one Congress and tried in the next, the issue arose as to 
the authority of the managers beyond the expiration of the Congress in 
which elected. In that case, the resolution authorizing the managers 
powers and funds was not offered and adopted until the succeeding 
Congress.(17)
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17. See Sec. 4.2, supra.
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                                 Forms

    Form of resolution appointing managers to conduct an impeachment 
trial: (18)
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18. 80 Cong. Rec. 3393, 74th Cong. 2d Sess., Mar. 6, 1936.
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                            House Resolution 439

        Resolved, That Hatton W. Sumners, Randolph Perkins, and Sam 
    Hobbs, Members of this House, be, and they are hereby, appointed 
    managers to conduct the impeachment against Halsted L. Ritter, 
    United States district judge for the southern district of Florida; 
    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 Rep

[[Page 2078]]

    resentatives and of all the people of the United States to impeach 
    the said Halsted L. Ritter 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 Halsted L. Ritter to 
    answer said impeachment, and demand his impeachment, conviction, 
    and removal from office.

    Form of resolution notifying the Senate of the adoption of articles 
and the appointment of managers: (19)
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19. Id.
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                            House Resolution 440

        Resolved, That a message be sent to the Senate to inform them 
    that this House has impeached for high crimes and misdemeanors 
    Halsted L. Ritter, United States District Judge for the southern 
    district of Florida, and that the House adopted articles of 
    impeachment against said Halsted L. Ritter, judge as aforesaid, 
    which the managers on the part of the House have been directed to 
    carry to the Senate, and that Hatton W. Sumners, Randolph Perkins, 
    and Sam Hobbs, Members of this House, have been appointed such 
    managers.

    Form of resolution empowering managers: (20)
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20. Id. at p. 3394.
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                            House Resolution 441

        Resolved, That the managers on the part of the House in the 
    matter of the impeachment of Halsted L. Ritter, United States 
    district judge for the southern district of Florida, 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, 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: Provided, 
    That the total expenditures authorized by this resolution shall not 
    exceed $2,500.

                            Cross References
Arguments and conduct of trial by managers, see Sec. 12, infra.
Effect of adjournment on managers' authority, see Sec. 4, supra.
Managers' appearance and functions in the Senate sitting as a Court of 
    Impeachment, see Sec. Sec. 11-13, infra.
Managers' jurisdiction over replication and amendments to articles, see 
    Sec. 10, infra.                          -------------------

Electing and Empowering Managers; Notifying the Senate

Sec. 9.1 After the House has adopted a resolution and articles of 
    impeachment, the House considers resolutions appointing managers to 
    ap

[[Page 2079]]

    pear before the Senate, notifying the Senate of the adoption of 
    articles and election of managers, and authorizing the managers to 
    prepare for and conduct the trial in the Senate, to employ 
    assistants, and to incur expenses payable from the contingent fund 
    of the House.

    On Feb. 27, 1933, the House having adopted articles of impeachment 
against Judge Harold Louderback on Feb. 24, Mr. Hatton W. Sumners, of 
Texas, offered resolutions electing managers and notifying the Senate 
of House action:

                   Impeachment of Judge Harold Louderback

        Mr. Sumners of Texas: Mr. Speaker, I offer the following 
    privileged report from the Committee on the Judiciary, which I send 
    to the desk and ask to have read, and ask its immediate adoption.
        The Clerk read as follows:

                              House Resolution 402

            Resolved, That Hatton W. Sumners, Gordon Browning, Malcolm 
        C. Tarver, Fiorello H. LaGuardia, and Charles I. Sparks, 
        Members of this House, be, and they are hereby, appointed 
        managers to conduct the impeachment against Harold Louderback, 
        United States district judge for the northern district of 
        California; and 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 Harold 
        Louderback of 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 the House; and that 
        the said managers do demand the Senate take order for the 
        appearance of said Harold Louderback to answer said 
        impeachment, and demand his impeachment, conviction, and 
        removal from office.

        The Speaker Pro Tempore: The question is on agreeing to the 
    resolution. . . .
        The resolution was agreed to.
        A motion to reconsider the vote by which the resolution was 
    agreed to was laid on the table.
        Mr. Sumners of Texas: Mr. Speaker, I desire to present a 
    privileged resolution.
        The Clerk read as follows:

                              House Resolution 403

            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 aforesaid, 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.

        The resolution was agreed to.(1)
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 1. 76 Cong. Rec. 5177, 5178, 72d Cong. 2d Sess.
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    On Mar. 6, 1936, Mr. Sumners offered three resolutions relating

[[Page 2080]]

to the impeachment proceedings against Judge Halsted Ritter, the House 
having adopted articles of impeachment on Mar. 2. The resolutions 
elected managers, informed the Senate that articles had been adopted 
and managers appointed, and gave the managers powers and funds: 
(2)
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 2. 80 Cong. Rec. 3393, 3394, 74th Cong. 2d Sess.
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                      Impeachment of Halsted L. Ritter

        Mr. Sumners of Texas: Mr. Speaker, I send to the desk the three 
    resolutions which are the usual resolutions offered when an 
    impeachment has been voted by the House, and I ask unanimous 
    consent that they may be read and considered en bloc. . . .

                              House Resolution 439

            Resolved, That Hatton W. Sumners, Randolph Perkins, and Sam 
        Hobbs, Members of this House, be, and they are hereby, 
        appointed managers to conduct the impeachment against Halsted 
        L. Ritter, United States district judge for the southern 
        district of Florida; 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 Halsted L. 
        Ritter 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 Halsted L. Ritter to answer said 
        impeachment, and demand his impeachment, conviction, and 
        removal from office.

                              House Resolution 440

            Resolved, That a message be sent to the Senate to inform 
        them that this House has impeached for high crimes and 
        misdemeanors Halsted L. Ritter, United States district judge 
        for the southern district of Florida, and that the House 
        adopted articles of impeachment against said Halsted L. Ritter, 
        judge as aforesaid, which the managers on the part of the House 
        have been directed to carry to the Senate, and that Hatton W. 
        Sumners, Randolph Perkins, and Sam Hobbs, Members of this 
        House, have been appointed such managers.

                              House Resolution 441

            Resolved, That the managers on the part of the House in the 
        matter of the impeachment of Halsted L. Ritter, United States 
        district judge for the southern district of Florida, 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, 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: Provided, That the total 
        expenditures authorized by this resolution shall not exceed 
        $2,500.

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, may I ask 
    the gentleman from Texas one further question? Is this exactly the 
    procedure that has always been followed by the House under similar 
    conditions?

[[Page 2081]]

        Mr. Sumners of Texas: Insofar as I know, it does not vary from 
    the procedure that has been followed since the beginning of the 
    Government.
        Mr. Snell: If that is true, while, of course, I think the House 
    made a mistake, I have no desire to delay carrying out the will of 
    the majority of the House in the matter.
        Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, will the 
    gentleman yield?
        Mr. Sumners of Texas: I yield to the gentleman from Texas.
        Mr. Blanton: The only difference between this and other such 
    cases is that our colleague from Texas has asked only for $2,500, 
    which is very small in comparison with amounts heretofore 
    appropriated under such conditions.

    The resolutions were agreed to.

Composition and Number of Managers

Sec. 9.2 Managers elected by the House, or appointed by the Speaker, 
    have always been Members of the House and have always constituted 
    an odd number.(3)
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 3. For a summary of the composition of managers from the William 
        Blount impeachment in 1797 through the Robert Archbald 
        impeachment in 1912, see 6 Cannon's Precedents Sec. 467.
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    In 1933, in the Harold Louderback impeachment five managers were 
elected by resolution--all from the Committee on the Judiciary--three 
from the majority party and two from the minority party.(4) 
In the Halsted Ritter impeachment in 1936, three managers were elected 
from the Committee on the Judiciary, two from the majority party and 
one from the minority party.(5) In both the Louderback and 
Ritter impeachments, the Chairman of the Committee on the Judiciary, 
Hatton W. Sumners, of Texas, was elected as a manager. Ordinarily, the 
managers are chosen from among those Members who have voted for the 
resolution and articles of impeachment.(6)
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 4. Cannon's Precedents Sec. 514.
 5. 80 Cong. Rec. 3393, 74th Cong. 2d Sess.
 6. During the Belknap proceedings, it was proposed to elect a minority 
        Member to fill a vacancy created when a manager was excused 
        from service. The House discussed the principle that managers 
        should be in accord with the sentiments of the House. 3 Hinds' 
        Precedents Sec. 2448.
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Appointment of Managers by Resolution

Sec. 9.3 In the later practice, managers on the part of the House to 
    conduct impeachment trials have been appointed by resolution.

    On Mar. 6, 1936, the House adopted a resolution offered by

[[Page 2082]]

Hatton W. Sumners, of Texas, Chairman of the Committee on the 
Judiciary, appointing Members of the House to serve as managers in the 
impeachment trial of Judge Halsted Ritter:

                            House Resolution 439

        Resolved, That Hatton W. Sumners, Randolph Perkins, and Sam 
    Hobbs, Members of this House, be, and they are hereby, appointed 
    managers to conduct the impeachment against Halsted L. Ritter, 
    United States district judge for the southern district of Florida; 
    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 Halsted L. Ritter 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 
    Halsted L. Ritter to answer said impeachment, and demand his 
    impeachment, conviction, and removal from office.(7)
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 7. 80 Cong. Rec. 3393, 74th Cong. 2d Sess.
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    This method, of appointing managers by House resolution, was also 
used in 1912 in the Robert Archbald impeachment, in 1926 in the George 
English impeachment, and in 1933 in the Harold Louderback 
impeachment.(8)
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 8. 6 Cannon's Precedents Sec. Sec. 500, 514, 545. Managers for the 
        trial of former Secretary of War William Belknap were also 
        chosen by resolution. See 3 Hinds' Precedents Sec. 2448.
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    On two occasions, in the Charles Swayne and West Humphreys 
impeachments, managers were appointed by the Speaker pursuant to 
authorizing resolution.(9)
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 9. 3 Hinds' Precedents Sec. Sec. 2388, 2475.
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    In other impeachments, managers were elected by ballot, a procedure 
largely obsolete in the House, its last use having been for the 
election of managers in the Andrew Johnson impeachment. In that case, 
the motion adopted by the House providing for the consideration of the 
articles against President Johnson provided that in the event any 
articles were adopted, the House was to proceed by ballot to elect 
managers.(10)
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10. 3 Hinds' Precedents Sec. 2414.
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Managers, Excused From Attending House Sessions

Sec. 9.4 Managers on the part of the House to conduct impeachment 
    proceedings may be excused from attending the sessions of the House 
    by unanimous consent.

    On Apr. 10, 1933, Mr. Hatton W. Sumners, of Texas, one of the 
managers on the part of the House for impeachment pro

[[Page 2083]]

ceedings against Judge Harold Louderback, made a unanimous-consent 
request: (11)
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11. 77 Cong. Rec. 1449, 73d Cong. 1st Sess.
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        Mr. Sumners of Texas: Mr. Speaker, I ask unanimous consent that 
    the managers on the part of the House in the Louderback impeachment 
    matter be excused from attending upon the sessions of the House 
    during this week.
        The Speaker: (12) Is there objection to the request 
    of the gentleman from Texas?
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12. Henry T. Rainey (Ill.).
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        There was no objection.

Appearance of Managers in Senate

Sec. 9.5 The managers on the part of the House appear in the Senate for 
    the opening of an impeachment trial on the date messaged by the 
    Senate.

    On Mar. 9, 1936,(13) the Senate messaged to the House 
the date the Senate would be ready to receive the managers on the part 
of the House for the impeachment trial of Judge Halsted Ritter:
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13. 80 Cong. Rec. 3449, 74th Cong. 2d Sess.
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        A message from the Senate, by Mr. Horne, its enrolling clerk, 
    announced that the Senate had--

            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.(14)
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14. For the proceedings in the Senate upon the appearance of the 
        managers for the presentation of articles, see Sec. 11.4, infra 
        (Ritter proceedings).
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Jurisdiction of Managers Over Related Matters

Sec. 9.6 Where the House has empowered its managers in an impeachment 
    proceeding to take all steps necessary in the prosecution of the 
    case, the managers may report to the House a resolution proposing 
    to amend the original articles of impeachment.

    On Mar. 30, 1936,(15) Mr. Hatton W. Sumners, of Texas, 
one of the managers on the part of the House to conduct the impeachment 
trial against Judge Halsted Ritter, reported House Resolution 471, 
which amended the articles

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15. 80 Cong. Rec. 4597-99, 74th Cong. 2d Sess.
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[[Page 2084]]

originally voted by the House on Mar. 2, 1936. Mr. Sumners discussed 
the power and jurisdiction of the managers to consider and report 
amendments to the original articles:

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, will the 
    gentleman yield?
        Mr. Sumners of Texas: Yes.
        Mr. Snell: I may not be entirely familiar with all this 
    procedure, but as I understand, what the gentleman is doing here 
    today, is to amend the original articles of impeachment passed by 
    the House.
        Mr. Sumners of Texas: That is correct.
        Mr. Snell: The original articles of impeachment came to the 
    House as a result of the evidence before the gentleman's committee. 
    Has the gentleman's committee had anything to do with the change or 
    amendment of these charges?
        Mr. Sumners of Texas: No; just the managers.
        Mr. Snell: As a matter of procedure, would not that be the 
    proper thing to do?
        Mr. Sumners of Texas: I do not think it is at all necessary, 
    for this reason: The managers are now acting as the agents of the 
    House, and not as the agents of the Committee on the Judiciary. Mr. 
    Manager Perkins and Mr. Manager Hobbs have recently extended the 
    investigation made by the committee.
        Mr. Snell: Mr. Speaker, will the gentleman yield further?
        Mr. Sumners of Texas: Yes.
        Mr. Snell: Do I understand that the amendments come because of 
    new information that has come to you as managers that never was 
    presented to the Committee on the Judiciary?
        Mr. Sumners of Texas: Perhaps it would not be true to answer 
    that entirely in the affirmative, but the changes are made largely 
    by reason of new evidence which has come to the attention of the 
    committee, and some of these changes, more or less changes in form, 
    have resulted from further examination of the question. This is 
    somewhat as lawyers do in their pleadings. They often ask the 
    privilege of making an amendment.
        Mr. Snell: And the gentleman's position is that as agents of 
    the House it is not necessary to have the approval of his 
    committee, which made the original impeachment charges?
        Mr. Sumners of Texas: I have no doubt about that; I have no 
    doubt about the accuracy of that statement.(16)
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16. See also 6 Cannon's Precedents Sec. 520 (amendment to articles of 
        impeachment against Judge Harold Louder back prepared and 
        called up by House managers).
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    Parliamentarian's Note: After articles of impeachment had been 
adopted against President Andrew Johnson in 1868, the managers on the 
part of the House reported to the House, as privileged, an additional 
article of impeachment. A point of order was made that the managers 
could not so report, their functions being different from those of a 
standing committee. Speaker Schuyler Colfax,

[[Page 2085]]

of Indiana, overruled the point of order on two grounds: (1) the answer 
of the respondent is always, when messaged to the House, referred to 
the managers, who then prepare a replication to the House and (2) any 
Member of the House, whether a manager or not, may propose additional 
articles of impeachment.(17)
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17. 3 Hinds' Precedents Sec. 2418.
            For preparation of the replication in the later practice 
        see Sec. 10.3, infra.
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Sec. 9.7 The answer of the respondent to articles of impeachment, and 
    supplemental rules to govern the trial, are messaged to the House 
    by the Senate and referred to the managers on the part of the 
    House.

    On Apr. 6, 1936, the answer of respondent Judge Halsted Ritter to 
the articles of impeachment against him, and supplemental Senate rules, 
were messaged to the House by the Senate and referred to the managers 
on the part of the House.(18)
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18. See 110.2, infra.
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