[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 14. Impeachment Powers]
[C. Trial in the Senate]
[Â§ 11. Organization and Rules]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2089-2111]
 
                               CHAPTER 14
 
                           Impeachment Powers
 
                         C. TRIAL IN THE SENATE
 
Sec. 11. Organization and Rules


    The standing Senate rules governing procedure in impeachment trials 
originally date from 1804 and continue from Congress to Congress unless 
amended; the rules are set forth in the Senate Manual as ``Rules of 
Procedure and Practice in the Senate When Sitting on Impeachment 
Trials.'' (13) The last amendment to the impeachment trial 
rules was

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13. See Senate Manual Sec. Sec. 100-126 (1973). The rules are set out 
        in full below.
            For adoption of rules to govern impeachment trials in 1804, 
        see 3 Hinds' Precedents Sec. 2099.
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[[Page 2090]]

adopted in 1935, to allow the appointment of a committee to receive 
evidence (Rule XI). Amendments to the rules were also reported in the 
93d Congress, pending impeachment proceedings in the House in relation 
to President Richard Nixon, but the Senate did not formally consider 
them.(14) The Senate has also, when commencing a particular 
impeachment trial, adopted supplemental rules governing pleadings, 
requests, stipulations, and motions.(15)
14. See Sec. 11.2, infra.
15. See Sec. Sec. 11.7, 11.8, infra.
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    When the Senate is notified by the House of the adoption of a 
resolution and articles of impeachment, the Senate messages to the 
House, pursuant to Rule I of the impeachment trial rules, its readiness 
to receive the managers for the presentation of articles; Rule II 
provides the procedure for the appearance of the managers and 
exhibition of the articles to the Senate.(16)
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16. See Sec. 111.4, infra.
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    Rules VIII through X of the rules for impeachment trials provide 
that a summons be issued to the person impeached, that the summons be 
returned, and that the respondent appear and answer the articles 
against him. Under Rules VIII and X, the trial proceeds as on a plea of 
not guilty if the respondent does not appear either in person or by 
attorney.(17)
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17. See Sec. Sec. 11.5, 11.9, infra, for the summons and its return. As 
        indicated in Sec. 11.9, the respondent has not always appeared 
        in person before the Senate sitting as a Court of Impeachment.
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    Under Rule III, the Senate proceeds to consider the articles of 
impeachment on the day following the presentation of articles. 
Organizational questions arising before the actual commencement of an 
impeachment trial have been held debatable and not subject to Rule XXIV 
of the rules for impeachment trials, which prohibits debate except when 
the doors of the Senate are closed for deliberation.(18)
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18. See Sec. 11.11, infra.
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                  Senate Rules for Impeachment Trials
Senate Manual Sec. Sec. 100-126 (1973). For amendments to the rules for 
    impeachment trials, reported in the 93d Congress but not considered 
    by the Senate, see Sec. 11.2, infra.

        I. Whensoever the Senate shall receive notice from the House of 
    Representatives that managers are appointed on their part to 
    conduct an impeachment against any person and are directed to carry 
    articles of impeachment to the Senate, the Secretary of the Senate 
    shall immediately inform the House of Representatives that the

[[Page 2091]]

    Senate is ready to receive the managers for the purpose of 
    exhibiting such articles of impeachment, agreeably to such notice.
        II. When the managers of an impeachment shall be introduced at 
    the bar of the Senate and shall signify that they are ready to 
    exhibit articles of impeachment against any person, the Presiding 
    Officer of the Senate shall direct the Sergeant at Arms to make 
    proclamation, who shall, after making proclamation, repeat the 
    following words, viz: ``All persons are commanded to keep silence, 
    on pain of imprisonment, while the House of Representatives is 
    exhibiting to the Senate of the United States articles of 
    impeachment against ------ ------'': after which the articles shall 
    be exhibited, and then the Presiding Officer of the Senate shall 
    inform the managers that the Senate will take proper order on the 
    subject of the impeachment, of which due notice shall be given to 
    the House of Representatives.

        III. Upon such articles being presented to the Senate, the 
    Senate shall, at 1 o'clock afternoon of the day (Sunday excepted) 
    following such presentation, or sooner if ordered by the Senate, 
    proceed to the consideration of such articles and shall continue in 
    session from day to day (Sundays excepted) after the trial shall 
    commence (unless otherwise ordered by the Senate) until final 
    judgment shall be rendered, and so much longer as may, in its 
    judgment, be needful. Before proceeding to the consideration of the 
    articles of impeachment, the Presiding Officer shall administer the 
    oath hereinafter provided to the members of the Senate then present 
    and to the other members of the Senate as they shall appear, whose 
    duty it shall be to take the same.
        IV. When the President of the United States or the Vice 
    President of the United States, upon whom the powers and duties of 
    the office of President shall have devolved, shall be impeached, 
    the Chief Justice of the Supreme Court of the United States shall 
    preside; and in a case requiring the said Chief Justice to preside 
    notice shall be given to him by the Presiding Officer of the Senate 
    of the time and place fixed for the consideration of the articles 
    of impeachment, as aforesaid, with a request to attend; and the 
    said Chief Justice shall preside over the Senate during the 
    consideration of said articles and upon the trial of the person 
    impeached therein.
        V. The Presiding Officer shall have power to make and issue, by 
    himself or by the Secretary of the Senate, all orders, mandates, 
    writs, and precepts authorized by these rules or by the Senate, and 
    to make and enforce such other regulations and orders in the 
    premises as the Senate may authorize or provide.
        VI. The Senate shall have power to compel the attendance of 
    witnesses, to enforce obedience to its orders, mandates, writs, 
    precepts, and judgments, to preserve order, and to punish in a 
    summary way contempts of, and disobedience to, its authority, 
    orders, mandates, writs, precepts, or judgments, and to make all 
    lawful orders, rules, and regulations which it may deem essential 
    or conducive to the ends of justice. And the Sergeant at Arms, 
    under the direction of the Senate, may employ such aid and 
    assistance as may be necessary to enforce, execute, and carry into 
    effect the law

[[Page 2092]]

    ful orders, mandates, writs, and precepts of the Senate.
        VII. The Presiding Officer of the Senate shall direct all 
    necessary preparations in the Senate Chamber, and the Presiding 
    Officer on the trial shall direct all the forms of proceedings 
    while the Senate is sitting for the purpose of trying an 
    impeachment, and all forms during the trial not otherwise specially 
    provided for. And the Presiding Officer on the trial may rule all 
    questions of evidence and incidental questions, which ruling shall 
    stand as the judgment of the Senate, unless some member of the 
    Senate shall ask that a formal vote be taken thereon, in which case 
    it shall be submitted to the Senate for decision; or he may at his 
    option, in the first instance, submit any such question to a vote 
    of the members of the Senate. Upon all such questions the vote 
    shall be without a division, unless the yeas and nays be demanded 
    by one-fifth of the members present, when the same shall be taken.
        VIII. Upon the presentation of articles of impeachment and the 
    organization of the Senate as hereinbefore provided, a writ of 
    summons shall issue to the accused, reciting said articles, and 
    notifying him to appear before the Senate upon a day and at a place 
    to be fixed by the Senate and named in such writ, and file his 
    answer to said articles of impeachment, and to stand to and abide 
    the orders and judgments of the Senate thereon; which writ shall be 
    served by such officer or person as shall be named in the precept 
    thereof, such number of days prior to the day fixed for such 
    appearance as shall be named in such precept, either by the 
    delivery of an attested copy thereof to the person accused, or if 
    that can not conveniently be done, by leaving such copy at the last 
    known place of abode of such person, or at his usual place of 
    business in some conspicuous place therein; or if such service 
    shall be, in the judgment of the Senate, impracticable, notice to 
    the accused to appear shall be given in such other manner, by 
    publication or otherwise, as shall be deemed just; and if the writ 
    aforesaid shall fail of service in the manner aforesaid, the 
    proceedings shall not thereby abate, but further service may be 
    made in such manner as the Senate shall direct. If the accused, 
    after service, shall fail to appear, either in person or by 
    attorney, on the day so fixed therefore as aforesaid, or, 
    appearing, shall fail to file his answer to such articles of 
    impeachment, the trial shall proceed, nevertheless, as upon a plea 
    of not guilty. If a plea of guilty shall be entered, judgment may 
    be entered thereon without further proceedings.
        IX. At 12:30 o'clock afternoon of the day appointed for the 
    return of the summons against the person impeached, the legislative 
    and executive business of the Senate shall be suspended, and the 
    Secretary of the Senate shall administer an oath to the returning 
    officer in the form following, viz: ``I, ------ ------, do solemnly 
    swear that the return made by me upon the process issued on the --
    ---- day of ------, by the Senate of the United States, against --
    ---- ------, is truly made, and that I have performed such service 
    as therein described: So help me God.'' Which oath shall be entered 
    at large on the records.
        X. The person impeached shall then be called to appear and 
    answer the articles of impeachment against him. If

[[Page 2093]]

    he appear, or any person for him, the appearance shall be recorded, 
    stating particularly if by himself, or by agent or attorney, naming 
    the person appearing and the capacity in which he appears. If he do 
    not appear, either personally or by agent or attorney, the same 
    shall be recorded.
        XI. That in the trial of any impeachment the Presiding Officer 
    of the Senate, upon the order of the Senate, shall appoint a 
    committee of twelve Senators to receive evidence and take testimony 
    at such times and places as the committee may determine, and for 
    such purpose the committee so appointed and the chairman thereof, 
    to be elected by the committee, shall (unless otherwise ordered by 
    the Senate) exercise all the powers and functions conferred upon 
    the Senate and the Presiding Officer of the Senate, respectively, 
    under the rules of procedure and practice in the Senate when 
    sitting on impeachment trials.
        Unless otherwise ordered by the Senate, the rules of procedure 
    and practice in the Senate when sitting on impeachment trials shall 
    govern the procedure and practice of the committee so appointed. 
    The committee so appointed shall report to the Senate in writing a 
    certified copy of the transcript of the proceedings and testimony 
    had and given before such committee, and such report shall be 
    received by the Senate and the evidence so received and the 
    testimony so taken shall be considered to all intents and purposes, 
    subject to the right of the Senate to determine competency, 
    relevancy, and materiality, as having been received and taken 
    before the Senate, but nothing herein shall prevent the Senate from 
    sending for any witness and hearing his testimony in open Senate, 
    or by order of the Senate having the entire trial in open Senate.
        XII. At 12:30 o'clock afternoon of the day appointed for the 
    trial of an impeachment, the legislative and executive business of 
    the Senate shall be suspended, and the Secretary shall give notice 
    to the House of Representatives that the Senate is ready to proceed 
    upon the impeachment of ------ ------, in the Senate Chamber, which 
    chamber is prepared with accommodations for the reception of the 
    House of Representatives.
        XIII. The hour of the day at which the Senate shall sit upon 
    the trial of an impeachment shall be (unless otherwise ordered) 12 
    o'clock m.; and when the hour for such thing shall arrive, the 
    Presiding Officer of the Senate shall so announce; and thereupon 
    the Presiding Officer upon such trial shall cause proclamation to 
    be made, and the business of the trial shall proceed. The 
    adjournment of the Senate sitting in said trial shall not operate 
    as an adjournment of the Senate; but on such adjournment the Senate 
    shall resume the consideration of its legislative and executive 
    business.
        XIV. The Secretary of the Senate shall record the proceedings 
    in cases of impeachment as in the case of legislative proceedings, 
    and the same shall be reported in the same manner as the 
    legislative proceedings of the Senate.

        XV. Counsel for the parties shall be admitted to appear and be 
    heard upon an impeachment.
        XVI. All motions made by the parties or their counsel shall be 
    addressed to the Presiding Officer, and if he, or any Senator, 
    shall require it, they shall be

[[Page 2094]]

    committed to writing, and read at the Secretary's table.
        XVII. Witnesses shall be examined by one person on behalf of 
    the party producing them, and then cross-examined by one person on 
    the other side.
        XVIII. If a Senator is called as a witness, he shall be sworn, 
    and give his testimony standing in his place.
        XIX. If a Senator wishes a question to be put to a witness, or 
    to offer a motion or order (except a motion to adjourn), it shall 
    be reduced to writing, and put by the Presiding Officer.
        XX. At all times while the Senate is sitting upon the trial of 
    an impeachment the doors of the Senate shall be kept open, unless 
    the Senate shall direct the doors to be closed while deliberating 
    upon its decisions.
        XXI. All preliminary or interlocutory questions, and all 
    motions, shall be argued for not exceeding one hour on each side, 
    unless the Senate shall, by order, extend the time.
        XXII. The case, on each side, shall be opened by one person. 
    The final argument on the merits may be made by two persons on each 
    side (unless otherwise ordered by the Senate upon application for 
    that purpose), and the argument shall be opened and closed on the 
    part of the House of Representatives.
        XXIII. On the final question whether the impeachment is 
    sustained, the yeas and nays shall be taken on each article of 
    impeachment separately; and if the impeachment shall not, upon any 
    of the articles presented, be sustained by the votes of two-thirds 
    of the members present, a judgment of acquittal shall be entered; 
    but if the person accused in such articles of impeachment shall be 
    convicted upon any of said articles by the votes of two-thirds of 
    the members present, the Senate shall proceed to pronounce 
    judgment, and a certified copy of such judgment shall be deposited 
    in the office of the Secretary of State.
        XXIV. All the orders and decisions shall be made and had by 
    yeas and nays, which shall be entered on the record, and without 
    debate, subject, however, to the operation of Rule VII, except when 
    the doors shall be closed for deliberation, and in that case no 
    member shall speak more than once on one question, and for not more 
    than ten minutes on an interlocutory question, and for not more 
    than fifteen minutes on the final question, unless by consent of 
    the Senate, to be had without debate; but a motion to adjourn may 
    be decided without the yeas and nays, unless they be demanded by 
    one-fifth of the members present. The fifteen minutes herein 
    allowed shall be for the whole deliberation on the final question, 
    and not on the final question on each article of impeachment.
        XXV. Witnesses shall be sworn in the following form, viz: 
    ``You, ------ ------, do swear (or affirm, as the case may be) that 
    the evidence you shall give in the case now pending between the 
    United States and ------ ------, shall be the truth, the whole 
    truth, and nothing but the truth: So help you God.'' Which oath 
    shall be administered by the Secretary, or any other duly 
    authorized person.

     Form of a subpena be issued on the application of the managers of 
       the impeachment, or of the party impeached, or of his counsel
    To ------ ------, greeting:

        You and each of you are hereby commanded to appear before the 
    Senate of

[[Page 2095]]

    the United States, on the ------ day of ------, at the Senate 
    Chamber in the city of Washington, then and there to testify your 
    knowledge in the cause which is before the Senate in which the 
    House of Representatives have impeached ------ ------.
        Fail not.
        Witness ------ ------, and Presiding Officer of the Senate, at 
    the city of Washington, this ------ day of ------, in the year of 
    our Lord ------, and of the Independence of the United States the 
    ------.
                                                  ------ ------,
                                  Presiding Officer of the Senate.

             Form of direction for the service of said subpena
    The Senate of the United States to ------ ------, greeting:

        You are hereby commanded to serve and return the within subpena 
    according to law.
        Dated at Washington, this ------ day of ------, in the year of 
    our Lord ------, and of the Independence of the United States the 
    ------.
                                                  ------ ------,
                                          Secretary of the Senate.

       Form of oath to be administered to the members of the Senate 
                    sitting in the trial of impeachments

        ``I solemnly swear (or affirm, as the case may be) that in all 
    things appertaining to the trial of the impeachment of ------ ----
    --, now pending, I will do impartial justice according to the 
    Constitution and laws: So help me God.''

     Form of summons to be issued and served upon the person impeached
    The United States of America, ss:
    The Senate of the United States to ------ ------, greeting:

        Whereas the House of Representatives of the United States of 
    America did, on the ------ day of ------, exhibit to the Senate 
    articles of impeachment against you, the said ------ ------, in the 
    words following:

                           [Here insert the articles]
    And demand that you, the said ------ ------, should be put to 
    answer the accusations as set forth in said articles, and that such 
    proceedings, examinations, trials, and judgments might be thereupon 
    had as are agreeable to law and justice.

        You, the said ------ ------, are therefore hereby summoned to 
    be and appear before the Senate of the United States of America, at 
    their Chamber in the city of Washington, on the ------ day of ----
    --, at 12:30 o'clock afternoon, then and there to answer to the 
    said articles of impeachment, and then and there to abide by, obey, 
    and perform such orders, directions, and judgments as the Senate of 
    the United States shall make in the premises according to the 
    Constitution and laws of the United States.
        Hereof you are not to fail.
        Witness ------ ------, and Presiding Officer of the said 
    Senate, at the city of Washington, this ------ day of ------, in 
    the year of our Lord ------, and of the Independence of the United 
    States the ------.
                                                  ------ ------,
                                  Presiding Officer of the Senate.

           Form of precept to be indorsed on said writ of summons
    The United States of America, ss:
    The Senate of the United States to ------ ------, greeting:

        You are hereby commanded to deliver to and leave with ------ --
    ----, if

[[Page 2096]]

    conveniently to be found, or if not, to leave at his usual place of 
    abode, or at his usual place of business in some conspicuous place, 
    a true and attested copy of the within writ of summons, together 
    with a like copy of this precept; and in whichsoever way you 
    perform the service, let it be done at least ------ days before the 
    appearance day mentioned in the said writ of summons.
        Fail not, and make return of this writ of summons and precept, 
    with your proceedings thereon indorsed, on or before the appearance 
    day mentioned in the said writ of summons.
        Witness ------ ------, and Presiding Officer of the Senate, at 
    the city of Washington, this ------ day of ------, in the year of 
    our Lord ------, and of the Independence of the United States the 
    ------.
                                                  ------ ------,
                                  Presiding Officer of the Senate.

        All process shall be served by the Sergeant at Arms of the 
    Senate, unless otherwise ordered by the court.
        XXVI. If the Senate shall at any time fail to sit for the 
    consideration of articles of impeachment on the day or hour fixed 
    therefor, the Senate may, by an order to be adopted without debate, 
    fix a day and hour for resuming such consideration.

                            Cross References
Functions of the Senate in impeachment generally, see Sec. 1, supra.
House-Senate relations generally, see Ch. 32, infra.
Senate notified of adoption of impeachment resolution and election of 
    managers by the House, see Sec. 9, supra.

                         Collateral References
Functions and practice of the Senate in impeachments, see Riddick, 
    Senate Procedure 495-504, S. Doc. No. 93-21, 93d Cong. 1st Sess. 
    (1973); Riddick, Procedure and Guidelines for Impeachment Trials in 
    the United States Senate, S. Doc. No. 93-102, 93d Cong. 2d Sess. 
    (1974).
Standing rules of the Senate generally, see Riddick, Senate Procedure 
    774-779, S. Doc. No. 93-21, 93d Cong. 1st Sess. 
    (1973).                          -------------------

Senate Rules for Impeachment Trials

Sec. 11.1 After impeachment proceedings had been instituted in the 
    House against President Richard Nixon, the Senate adopted a 
    resolution for the study and review of Senate rules and precedents 
    applicable to impeachment trials.

    On July 29, 1974,(19) during the pendency of an 
investigation in the House of alleged impeachable offenses committed by 
President Nixon, the Senate adopted a resolution related to its rules 
on impeachment:
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19. 120 Cong. Rec. 25468, 93d Cong. 2d Sess.
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        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, I have 
    at the desk a resolution, submitted on behalf of the distinguished 
    Republican leader, the Senator from Pennsylvania (Mr. Hugh Scott), 
    the assistant majority leader, the distinguished Senator from

[[Page 2097]]

    West Virginia (Mr. Robert C. Byrd), the assistant Republican 
    leader, the distinguished Senator from Michigan (Mr. Griffin), and 
    myself, and I ask that it be called up and given immediate 
    consideration.
        The Presiding Officer: (20) The clerk will state the 
    resolution.
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20. Jesse Helms (N.C.).
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        The legislative clerk read as follows:

                                  S. Res. 370

            Resolved, That the Committee on Rules and Administration is 
        directed to review any and all existing rules and precedents 
        that apply to impeachment trials with a view to recommending 
        any revisions, if necessary, which may be required if the 
        Senate is called upon to conduct such a trial.
            Resolved further, That the Committee on Rules and 
        Administration is instructed to report back no later than 1 
        September 1974, or on such earlier date as the Majority and 
        Minority Leaders may designate, and
            Resolved further, That such review by that Committee shall 
        be held entirely in executive sessions.

        The Presiding Officer: Without objection, the Senate will 
    proceed to its immediate consideration.
        The question is on agreeing to the resolution.
        The resolution (S. 370) was agreed to.

    Parliamentarian's Note: The Senate, unlike the House, is a 
continuing legislative body. Therefore, the standing rules of the 
Senate, including the rules for impeachment trials, continue from 
Congress to Congress unless amended.(21)
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21. See Rule XXXII, Senate Manual Sec. 32.2 (1973).
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Sec. 11.2 The Senate having directed its Committee on Rules and 
    Administration to review Senate rules and precedents applicable to 
    impeachment trials (pending impeachment proceedings in the House 
    against President Richard Nixon), the committee reported back 
    various amendments to those Senate rules, which amendments were not 
    considered in the Senate.

    On July 29, 1974, during the pendency of an investigation in the 
House of alleged impeachable offenses committed by President Nixon, the 
Senate adopted Senate Resolution 370, directing its Committee on Rules 
and Administration to review any and all existing rules and precedents 
that apply to impeachment trials, with a view to recommending any 
necessary revisions.
    The Committee on Rules and Administration reported (S. Rept. No. 
93-1125) on Aug. 22, 1974, a resolution (S. Res. 390) amending the 
Rules of Procedure and Practice in the Senate when Sitting on 
Impeachment Trials. The resolution was not considered by the Senate.
    The amendments provided: (1) that the Chief Justice, when presiding 
over impeachment trials of

[[Page 2098]]

the President or Vice President, be administered the oath by the 
Presiding Officer; (2) that the term ``person accused'' in reference to 
the respondent, be changed in all cases to ``person impeached''; (3) 
that the Presiding Officer rule on all questions of evidence 
``including, but not limited to, questions of relevancy, materiality, 
and redundancy,'' such decision to be voted upon on demand ``without 
debate'' and such vote to be ``taken in accordance with the Standing 
Rules of the Senate''; (4) that a committee of 12 Senators may receive 
evidence ``if the Senate so orders'' the appointment of such a 
committee by the Presiding Officer; (5) that the Senate may order 
another hour than 12:30 m. o'clock for commencing impeachment 
proceedings; and other clarifying changes. Other amendments proposed 
certain rules governing the trial and procedures for voting on the 
articles: (1)
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 1. S. Res. 390, 120 Cong. Rec. 29811-13, 93d Cong. 2d Sess., Aug. 22, 
        1974.
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        XVI. All motions, objections, requests, or applications whether 
    relating to the procedure of the Senate or relating immediately to 
    the trial (including questions with respect to admission of 
    evidence or other questions arising during the trial) made by the 
    parties or their counsel shall be addressed to the Presiding 
    Officer only, and if he, or any Senator, shall require it, they 
    shall be committed to writing, and read at the Secretary's table. . 
    . .
        XIX. If a Senator wishes a question to be put to a witness, or 
    to a manager, or to counsel of the person impeached, or to offer a 
    motion or order (except a motion to adjourn), it shall be reduced 
    to writing, and put by the Presiding Officer. The parties or their 
    counsel may interpose objections to witnesses answering questions 
    propounded at the request of any Senator and the merits of any such 
    objection may be argued by the parties or their counsel. Ruling on 
    any such objection shall be made as provided in Rule VII. It shall 
    not be in order for any Senator to engage in colloquy.
        XX. At all times while the Senate is sitting upon the trial of 
    an impeachment the doors of the Senate shall be kept open, unless 
    the Senate shall direct the doors to be closed while deliberating 
    upon its decisions. A motion to close the doors may be acted upon 
    without objection, or, if objection is heard, the motions shall be 
    voted on without debate by the yeas and nays, which shall be 
    entered on the record.
        XXI. All preliminary or interlocutory questions, and all 
    motions, shall be argued for not exceeding one hour (unless the 
    Senate otherwise orders) on each side. . . .
        XXIII. An article of impeachment shall not be divisible for the 
    purpose of voting thereon at any time during the trial. Once voting 
    has commenced on an article of impeachment, voting shall be 
    continued until voting has been completed on all articles of 
    impeachment unless the Senate adjourns for a period not to exceed 
    one day or ad

[[Page 2099]]

    journs sine die. On the final question whether the impeachment is 
    sustained, the yeas and nays shall be taken on each article of 
    impeachment separately; and if the impeachment shall not, upon any 
    of the articles presented, be sustained by the votes of two-thirds 
    of the members present, a judgment of acquittal shall be entered; 
    but if the person impeached shall be convicted upon any such 
    article by the votes of two-thirds of the members present, the 
    Senate may proceed to the consideration of such other matters as 
    may be determined to be appropriate prior to pronouncing judgment. 
    Upon pronouncing judgment, a certified copy of such judgment shall 
    be deposited in the office of the Secretary of State. A motion to 
    reconsider the vote by which any article of impeachment is 
    sustained or rejected shall not be in order.

        Form of Putting the Question on Each Article of Impeachment

        The Presiding Officer shall first state the question; 
    thereafter each Senator, as his name is called, shall rise in his 
    place and answer: guilty or not guilty.
        XXIV. All the orders and decisions may be acted upon without 
    objection, or, if objection is heard, the orders and decisions 
    shall be voted on without debate by yeas and nays, which shall be 
    entered on the record, subject, however, to the operation of Rule 
    VII, except when the doors shall be closed for deliberation, and in 
    that case no member shall speak more than once on one question, and 
    for not more than ten minutes on an interlocutory question, and for 
    not more than fifteen minutes on the final question, unless by 
    consent of the Senate, to be had without debate; but a motion to 
    adjourn may be decided without the yeas and nays, unless they be 
    demanded by one-fifth of the members present. The fifteen minutes 
    here in allowed shall be for the whole deliberation on the final 
    question, and not on the final question on each article of 
    impeachment.

Sec. 11.3 The Senate amended its rules for impeachment trials in the 
    74th Congress to allow a committee of 12 Senators to receive 
    evidence and take testimony.

    On May 28, 1935, the Senate considered and agreed to a resolution 
(S. Res. 18) amending the rules of procedure and practice in the Senate 
when sitting on impeachment trials. The resolution added a new rule 
relating to the reception of evidence by a committee appointed by the 
Presiding Officer:

        Resolved, That in the trial of any impeachment the Presiding 
    Officer of the Senate, upon the order of the Senate, shall appoint 
    a committee of twelve Senators to receive evidence and take 
    testimony at such times and places as the committee may determine, 
    and for such purpose the committee so appointed and the chairman 
    thereof, to be elected by the committee, shall (unless otherwise 
    ordered by the Senate) exercise all the powers and functions 
    conferred upon the Senate and the Presiding Officer of the Senate, 
    respectively, under the rules of procedure and practice in the 
    Senate when sitting on impeachment trials.

[[Page 2100]]

        Unless otherwise ordered by the Senate, the rules of procedure 
    and practice in the Senate when sitting on impeachment trials shall 
    govern the procedure and practice of the committee so appointed. 
    The committee so appointed shall report to the Senate in writing a 
    certified copy of the transcript of the proceedings and testimony 
    had and given before such committee, and such report shall be 
    received by the Senate and the evidence so received and the 
    testimony so taken shall be considered to all intents and purposes, 
    subject to the right of the Senate to determine competency, 
    relevancy, and materiality, as having been received and taken 
    before the Senate, but nothing herein shall prevent the Senate from 
    sending for any witness and hearing his testimony in open Senate, 
    or by order of the Senate having the entire trial in open 
    Senate.(2)
---------------------------------------------------------------------------
 2. 79 Cong. Rec. 8309, 8310, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

Appearance of Managers

Sec. 11.4 The managers on the part of the House appear in the Senate to 
    exhibit the articles of impeachment at the time messaged for that 
    purpose by the Senate.

    On Mar. 9, 1936,(3) the Senate messaged to the House its 
readiness to receive the managers on the part of the House to present 
articles of impeachment against U.S. District Judge Halsted Ritter at a 
specified time:
---------------------------------------------------------------------------
 3. 80 Cong. Rec. 3449, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        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.

    On Mar. 10, the managers on the part of the House appeared in the 
Senate pursuant to the order and the following proceedings took place:

        The Vice President: (4) Will the Senator from North 
    Carolina suspend in order to permit the managers on the part of the 
    House of Representatives in the impeachment proceedings to appear 
    and present the articles of impeachment?
---------------------------------------------------------------------------
 4. John N. Garner (Tex.).
---------------------------------------------------------------------------

        Mr. [Josiah W.] Bailey [of North Carolina]: Mr. President, may 
    I take my seat with the right to resume at the end of the 
    impeachment proceedings?
        The Vice President: The Senator will have the floor when the 
    Senate resumes legislative session.

[[Page 2101]]

                      Impeachment of Halsted L. Ritter

        At 1 o'clock p.m. the managers on the part of the House of 
    Representatives of the impeachment of Halsted L. Ritter appeared 
    below the bar of the Senate, and the secretary to the majority, 
    Leslie L. Biffle, announced their presence, as follows:
        I have the honor to announce the managers on the part of the 
    House of Representatives to conduct the proceedings in the 
    impeachment of Halsted L. Ritter, United States district judge in 
    and for the southern district of Florida.
        The Vice President: The managers on the part of the House will 
    be received and assigned their seats.
        The managers, accompanied by the Deputy Sergeant at Arms of the 
    House of Representatives, William K. Weber, were thereupon escorted 
    by the secretary to the majority to the seats assigned to them in 
    the area in front and to the left of the Chair.
        The Vice President: The Chair understands the managers on the 
    part of the House of Representatives are ready to proceed with the 
    impeachment. The Sergeant at Arms will make proclamation.
        The Sergeant at Arms, Chesley W. Jurney, made proclamation, as 
    follows:
        Hear ye! Hear ye! Hear ye! All persons are commanded to keep 
    silent, on pain of imprisonment, while the House of Representatives 
    is exhibiting to the Senate of the United States articles of 
    impeachment against Halsted L. Ritter, United States district judge 
    in and for the southern district of Florida.
        Mr. [Joseph T.] Robinson [of Arkansas]: I suggest the absence 
    of a quorum.
        The Vice President: The clerk will call the roll.
        The legislative clerk (Emery L. Frazier) galled the roll, and 
    the following Senators answered to their names. . . .
        The Vice President: Eighty-six Senators have answered to their 
    names. A quorum is present. The managers on the part of the House 
    will proceed.
        Mr. Manager [Hatton W.] Sumners [of Texas]: 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 Halsted L. 
    Ritter, a district judge of the United States for the southern 
    district of Florida.
        The House adopted the following resolution, which, with the 
    permission of the Senate, I will read:

                              House Resolution 439
                                                  In the House
                                             of Representatives,
                                                    March 6, 1936.

            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

[[Page 2102]]

        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.
                                              Joseph W. Byrns,
                                                  Speaker of the
                                         House of Representatives.

            Attest:
                                             South Trimble, Clerk.

            [Seal of the House of Representatives.]

        Mr. President, with the permission of the Vice President and 
    the Senate, I will ask Mr. Manager Hobbs to read the articles of 
    impeachment.
        The Vice President: Mr. Manager Hobbs will proceed, and the 
    Chair will take the liberty of suggesting that he stand at the desk 
    in front of the Chair, as from that position the Senate will 
    probably be able to hear him better.
        Mr. Manager Hobbs, from the place suggested by the Vice 
    President, said:
        Mr. President and gentlemen of the Senate:

             Articles of Impeachment Against Halsted L. Ritter
    House Resolution 422, Seventy-fourth Congress, second session, 
        Congress of the United States of America

    [Mr. Hobbs read the resolution and articles of impeachment].

        Mr. Manager Sumners: Mr. President, the House of 
    Representatives, by protestation, saving themselves the liberty of 
    exhibiting at any time hereafter any further articles of accusation 
    or impeachment against the said Halsted L. Ritter, district judge 
    of the United States for the southern district of Florida, and also 
    of replying to his answers which he shall make unto the articles 
    preferred against him, and of offering proof to the same and every 
    part thereof, and to all and every other article of accusation or 
    impeachment which shall be exhibited by them as the case shall 
    require, do demand that the said Halsted L. Ritter may be put to 
    answer the misdemeanors in office which have been charged against 
    him in the articles which have been exhibited to the Senate, and 
    that such proceedings, examinations, trials, and judgments may be 
    thereupon had and given as may be agreeable to law and justice.
        Mr. President, the managers on the part of the House of 
    Representatives, in pursuance of the action of the House of 
    Representatives by the adoption of the articles of impeachment 
    which have just been read to the Senate, do now demand that the 
    Senate take order for the appearance of the said Halsted L. Ritter 
    to answer said impeachment, and do now demand his impeachment, 
    conviction, and removal from office.
        The Vice President: The Senate will take proper order and 
    notify the House of Representatives.(5)
---------------------------------------------------------------------------
 5. 80 Cong. Rec. 3485-89, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

Organization of Senate as Court of Impeachment

Sec. 11.5 Following the appearance of the managers and their 
    presentation of the articles of impeachment to the Senate, the oath 
    is adminis

[[Page 2103]]

    tered, the Senate organizes for the trial of impeachment and 
    notifies the House thereof, the articles are printed for the use of 
    the Senate, a summons is issued for the appearance of the 
    respondent, and provision is made for payment of trial expenses.

    On Mar. 10, 1936,(6) immediately following the 
presentation of articles of impeachment against Judge Halsted Ritter by 
the managers on the part of the House to the Senate, the following 
proceedings took place in the Senate:
---------------------------------------------------------------------------
 6. 80 Cong. Rec. 3488, 3489, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Henry F.] Ashurst [of Arizona]: Mr. President, I move that 
    the senior Senator from Idaho [Mr. Borah], who is the senior 
    Senator in point of service in the Senate, be now designated by the 
    Senate to administer the oath to the Presiding Officer of the Court 
    of Impeachment.
        The motion was agreed to; and Mr. Borah advanced to the Vice 
    President's desk and administered the oath to Vice President Garner 
    as Presiding Officer, as follows:

            You do solemnly swear that in all things appertaining to 
        the trial of the impeachment of Halsted L. Ritter, United 
        States district judge for the southern district of Florida, now 
        pending, you will do impartial justice according to the 
        Constitution and laws. So help you God.

        Mr. Ashurst: Mr. President, at this time the oath should be 
    administered to all the Senators, but I should make the observation 
    that if any Senator desires to be excused from this service, now is 
    the appropriate time to make known such desire. If there be no 
    Senator who desires to be excused, I move that the Presiding 
    Officer administer the oath to the Senators, so that they may form 
    a Court of Impeachment.
        The Vice President: (7) Is there objection? The 
    Chair hears none, and it is so ordered. Senators will now be sworn.
---------------------------------------------------------------------------
 7. John N. Garner (Tex.).
---------------------------------------------------------------------------

        Thereupon the Vice President administered the oath to the 
    Senators present, as follows:

            You do each solemnly swear that in all things appertaining 
        to the trial of the impeachment of Halsted L. Ritter, United 
        States district judge for the southern district of Florida, now 
        pending, you will do impartial justice according to the 
        Constitution and laws. So help you God.

        The Vice President: The Sergeant at Arms will now make 
    proclamation that the Senate is sitting as a Court of Impeachment.
        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 Halsted L. Ritter, United States district judge for the 
    southern district of Florida.
        Mr. Ashurst: Mr. President, I send to the desk an order, which 
    I ask to have read and agreed to.
        The Vice President: The clerk will read.

[[Page 2104]]

        The Chief Clerk (John C. Crockett) read as follows:

            Ordered, That the Secretary notify the House of 
        Representatives that the Senate is now organized for the trial 
        of articles of impeachment against Halsted L. Ritter, United 
        States district judge for the southern district of Florida.

        The Vice President: Without objection, the order will be 
    entered.
        Mr. Ashurst: Mr. President, I send another proposed order to 
    the desk, and ask for its adoption.
        The Vice President: The clerk will read the proposed order.
        The Chief Clerk read as follows:

            Ordered, That the articles of impeachment presented against 
        Halsted L. Ritter, United States district judge for the 
        southern district of Florida, be printed for the use of the 
        Senate.

        The Vice President: Without objection, the order will be 
    entered.
        Mr. Ashurst: Mr. President, I send a further order to the desk, 
    and ask for its adoption.
        The Vice President: The clerk will read the proposed order.
        The Chief Clerk read as follows:

            Ordered, That a summons to the accused be issued as 
        required by the rules of procedure and practice in the Senate, 
        when sitting for the trial of the impeachment against Halsted 
        L. Ritter, United States district judge for the southern 
        district of Florida, returnable on Thursday, the 12th day of 
        March 1936, at 1 o'clock in the afternoon.

        The Vice President: Is there objection? Without objection, the 
    order will be entered.
        Mr. [Charles L.] McNary [of Oregon]: Mr. President, permit me 
    to make an inquiry.
        The Vice President: The Senator will make it.
        Mr. McNary: What record is being made of the Senators who have 
    taken their oaths as jurors?
        The Vice President: No record has been made so far as the Chair 
    knows; but the Chair assumes that any Senator who was not in the 
    Senate Chamber at the time the oath was administered to Senators en 
    bloc will make the fact known to the Chair, so that he may take the 
    oath at some future time.
        Mr. Ashurst: The Chair is correct in his statement in that any 
    Senator who was not I resent when the oath was taken en bloc, and 
    who desires to take the oath, may do so at any time before the 
    admission of evidence begins.
        Mr. McNary subsequently said: Mr. President, I am advised that 
    the able Senator from New Jersey [Mr. Barbour] will be absent from 
    the city on next Thursday, and would like to be sworn at this time.
        The Vice President: The Senator from Oregon asks unanimous 
    consent that the Senator from New Jersey may take the oath at this 
    time as a juror in the impeachment trial of Halsted L. Ritter.
        Mr. [Ellison D.] Smith [of South Carolina]: Mr. President, in 
    order to save time, I ask the same privilege. I was absent when 
    Senators were sworn as jurors en bloc.
        The Vice President: If there are any other Senators in the 
    Senate Chamber at the moment who did not take their oaths as jurors 
    when Senators were sworn en bloc, it would be advisable that they 
    make it known; and, if agreeable to the Senate, they may all be 
    sworn as jurors at one time.

[[Page 2105]]

        Mr. Ashurst: The Senator from Texas [Mr. Sheppard], who was not 
    present when other Senators were sworn, is now present, and wishes 
    to be sworn.
        The Vice President: Is there objection to such action being 
    taken at this time? The Chair hears none. Such Senators as are in 
    the Chamber at this time who were not present when Senators were 
    sworn en bloc as jurors will raise their right hands and be sworn.
        Mr. Barbour, Mr. Overton, Mr. Sheppard, Mr. Smith, and Mr. 
    Townsend rose, and the oath was administered to them by the Vice 
    President.
        Mr. Ashurst: Mr. President, I move that the Senate, sitting as 
    a Court of Impeachment, adjourn until Thursday next at 1 p.m.
        The motion was agreed to; and (at 1 o'clock and 50 minutes 
    p.m.) the Senate, sitting as a Court of Impeachment, adjourned 
    until Thursday, March 12, 1936, at 1 p.m.

            Impeachment of Halsted L. Ritter--Expenses of Trial

        Mr. [James F.] Byrnes [of South Carolina]: From the Committee 
    to Audit and Control the Contingent Expenses of the Senate, I 
    report back favorably, without amendment, Senate Resolution 244, 
    providing for defraying the expenses of the impeachment proceedings 
    relative to Halsted L. Ritter. I ask unanimous consent for the 
    present consideration of the resolution.
        The Vice President: The resolution will be read.
        The Chief Clerk read Senate Resolution 244, submitted by Mr. 
    Ashurst on the 9th instant, and it was considered by unanimous 
    consent and agreed to, as follows:

            Resolved, That not to exceed $5,000 is authorized to be 
        expended from the appropriation for miscellaneous items, 
        contingent expenses of the Senate, to defray the expenses of 
        the Senate in the impeachment trial of Halsted L. Ritter.

Sec. 11.6 Senators who have not taken the oath following the 
    commencement of the trial take the oath not in legislative session 
    but while the Senate is sitting as a Court of Impeachment, and the 
    Journal Clerk maintains records of those Senators who have taken 
    the oath.

    On Mar. 12, 1936, the Senate was conducting legislative business 
before resolving itself into a Court of Impeachment for further 
proceedings in the trial of Judge Halsted L. Ritter. When a Senator who 
had not yet taken the oath for the impeachment trial indicated he 
wished to be sworn at that time, Vice President John N. Garner, of 
Texas, ruled as follows:

            The Vice President: After a thorough survey of the 
        situation, the best judgment of the Chair is that Senators who 
        have not heretofore taken the oath as jurors of the court 
        should take it after the Senate resolves itself into a court; 
        all Senators who have not as yet taken the oath as jurors will 
        take the oath at that time.(8)
---------------------------------------------------------------------------
 8. 80 Cong. Rec. 3641, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

    Later on the same day, it was announced that the Journal Clerk

[[Page 2106]]

had the duty to record the names of those Senators already having taken 
the oath, there being no other record thereof.(9)
---------------------------------------------------------------------------
 9. Id. at p. 3646.
---------------------------------------------------------------------------

Supplemental Rules for Trial

Sec. 11.7 For the Halsted Ritter impeachment trial, the Senate sitting 
    as a Court of Impeachment adopted supplemental rules similar to 
    those in the Harold Louderback trial.

    On Mar. 12, 1936, the Court of Impeachment in the impeachment trial 
of Judge Ritter adopted supplemental rules:

        Mr. [Henry F.] Ashurst [of Arizona]: . . . Mr. President, in 
    order that Senators, sitting as judges and jurors, may have an 
    opportunity to study this matter, I ask for the adoption, after it 
    shall have been read, of the order which I send to the desk. This 
    is in haec verba the same order that was adopted in the Louderback 
    case.
        The Vice President: (10) The clerk will read.
---------------------------------------------------------------------------
10. John N. Garner (Tex.).
---------------------------------------------------------------------------

        The Chief Clerk read as follows:

            Ordered, That in addition to the rules of procedure and 
        practice in the Senate when sitting on impeachment trials, 
        heretofore adopted, and supplementary to such rules, the 
        following rules shall be applicable in the trial of the 
        impeachment of Halsted L. Ritter, United States judge for the 
        southern district of Florida:
            1. In all matters relating to the procedure of the Senate, 
        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.
            2. 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 on the part of the House or 
        counsel representing the respondent desire to make any 
        application, request, or objection, the same shall be addressed 
        directly to the Presiding Officer and not otherwise.
            3. It shall not be in order for any Senator, except as 
        provided in the rules of procedure and practice in the Senate 
        when sitting on impeachment trials, to engage in colloquy or to 
        address questions either to the managers on the part of the 
        House or to 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 and not 
        otherwise.
            4. The parties may, by stipulation in writing filed with 
        the Secretary of the Senate and by him laid before the Senate 
        or presented at the trial, agree upon any facts involved in the 
        trial; and such stipulation shall be received by the Senate for 
        all intents and purposes as though the facts therein agreed 
        upon had been established by legal evidence adduced at the 
        trial.
            5. The parties or their counsel may interpose objection to 
        witnesses answering questions propounded at the request of any 
        Senator, and the merits of any such objection may be argued by 
        the parties or their counsel; and the Presiding Officer may 
        rule on any such objection, which ruling

[[Page 2107]]

        shall stand as the judgment of the Senate, unless some Member 
        of the Senate shall ask that a formal vote be taken thereon, in 
        which case it shall be submitted to the Senate for decision; or 
        he may, at his option, in the first instance submit any such 
        question to a vote of the Members of the Senate. Upon all such 
        questions the vote shall be without debate and without a 
        division, unless the ayes and nays be demanded by one-fifth of 
        the Members present, when the same shall be 
        taken.(11)
---------------------------------------------------------------------------
11. 80 Cong. Rec. 3648, 3649, 74th Cong. 2d Sess. For the adoption of 
        identical supplemental rules in the Louderback case, see 6 
        Cannon's Precedents Sec. 519.
---------------------------------------------------------------------------

Sec. 11.8 Supplemental rules adopted by the Senate for an impeachment 
    trial are messaged to the House and referred to the managers on the 
    part of the House.

    On Apr. 6, 1936,(12) there was laid before the House a 
message from the Senate informing the House of the adoption of 
supplemental rules to govern the impeachment trial against Judge 
Halsted Ritter. They were referred to the managers:
---------------------------------------------------------------------------
12. 80 Cong. Rec. 5020, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker laid before the House the following order from the 
    Senate of the United States:

        In the Senate of the United States sitting for the trial of the 
            impeachment of Halsted L. Ritter, United States district 
            judge for the southern district of Florida
                                                    April 3, 1936.

            Ordered, That the Secretary of the Senate communicate to 
        the House of Representatives an attested copy of the answer of 
        Halsted L. Ritter, United States district judge for the 
        southern district of Florida, to the articles of impeachment, 
        as amended, and also a copy of the order entered on the 12th 
        ultimo prescribing supplemental rules for the said impeachment 
        trial.

        The answer and the supplemental rules to govern the impeachment 
    trial were referred to the House managers and ordered printed.

Appearance and Answer of Respondent

Sec. 11.9 When and if the respondent appears before the Court of 
    Impeachment, the return of the summons by the Sergeant at Arms is 
    presented and the respondent files an entry of appearance.

    On Mar. 12, 1936,(13) the following proceedings took 
place before the Court of Impeachment in the Halsted Ritter case:
---------------------------------------------------------------------------
13. 80 Cong. Rec. 3646, 3647, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Vice President: (14) . . . The Secretary will 
    read the return of the Sergeant at Arms.
---------------------------------------------------------------------------
14. John N. Garner (Tex.).
---------------------------------------------------------------------------

        The Chief Clerk read as follows:

                                  Senate of the United States,
                                                   Office of the
                                                 Sergeant at Arms.

            The foregoing writ of summons addressed to Halsted L. 
        Ritter and the

[[Page 2108]]

        foregoing precept, addressed to me, were duly served upon the 
        said Halsted L. Ritter by me by delivering true and attested 
        copies of the same to the said Halsted L. Ritter at the Carlton 
        Hotel, Washington, D.C., on Thursday, the 12th day of March 
        1936, at 11 o'clock in the forenoon of that day.
                                            Chesley W. Jurney,
                                               Sergeant at Arms,
                                             United States Senate.

        The Vice President: The Secretary of the Senate will administer 
    the oath to the Sergeant at Arms.
        The Secretary of the Senate, Edwin A. Halsey, administered the 
    oath to the Sergeant at Arms, as follows:

            You, Chesley W. Jurney, do solemnly swear that the return 
        made by you upon the process issued on the 10th day of March 
        1936 by the Senate of the United States against Halsted L. 
        Ritter, United States district judge for the southern district 
        of Florida, is truly made, and that you have performed such 
        service as therein described. So help you God.

        The Vice President: The Sergeant at Arms will make 
    proclamation.
        The Sergeant at Arms made proclamation as follows:
        Halsted L. Ritter! Halsted L. Ritter! Halsted L. Ritter! United 
    States district judge for the southern district of Florida, appear 
    and answer to the articles of impeachment exhibited by the House of 
    Representatives against you.
        The respondent, Halsted L. Ritter, and his counsel, Frank P. 
    Walsh, Esq., of New York City, N.Y., and Carl T. Hoffman, Esq., of 
    Miami, Fla., entered the Chamber and were conducted to the seats 
    assigned them in the space in front of the Secretary's desk, on the 
    right of the Chair.
        The Vice President: Counsel for the respondent are advised that 
    the Senate is now sitting for the trial of articles of impeachment 
    exhibited by the House of Representatives against Halsted L. 
    Ritter, United States district judge for the southern district of 
    Florida.
        Mr. Walsh (of counsel): May it please you, Mr. President, and 
    honorable Members of the Senate, I beg to inform you that, in 
    response to your summons, the respondent, Halsted L. Ritter, is now 
    present with his counsel and asks leave to file a forma1 entry of 
    appearance.
        The Vice President: Is there objection? The Chair hears none, 
    and the appearance will be filed with the Secretary, and will be 
    read.
        The Chief Clerk read as follows:

          In the Senate of the United States of America Sitting as a 
                              Court of Impeachment
                                                   March 12, 1936.

               The United States of America v. Halsted L. Ritter

            The respondent, Halsted L. Ritter, having this day been 
        served with a summons requiring him to appear before the Senate 
        of the United States of America in the city of Washington, 
        D.C., on March 12, 1936, at 1 o'clock afternoon to answer 
        certain articles of impeachment presented against him by the 
        House of Representatives of the United States of America, now 
        appears in his proper person and also by his counsel, who are 
        instructed by this respondent to inform the Senate that 
        respondent stands ready to file his pleadings to such articles 
        of impeachment within such reasonable period of time as may be 
        fixed.
            Dated March 12, 1936.


[[Page 2109]]


                    Halsted L. Ritter,
                                                       Respondent.
                    Carl T. Hoffman,
                    Frank P. Walsh,
                                           Counsel for Respondent.

    Parliamentarian's Note: The respondent has not appeared in all 
cases before the Senate. In this century, Judges Ritter, Harold 
Louderback, and Robert Archbald appeared in person, but Judge Charles 
Swayne appeared by attorney. President Andrew Johnson did not appear in 
1868. Pursuant to Rule X of the Rules of Procedure and Practice in the 
Senate when Sitting on Impeachment Trials, the respondent may appear by 
attorney, and if neither the respondent or his counsel appear, the 
trial proceeds as upon a plea of not guilty, under Rule VIII.

Sec. 11.10 The answer of the respondent in an impeachment proceeding is 
    messaged to the House and referred to the managers on the part of 
    the House.

    On Apr. 6, 1936,(15) the answer of Judge Halsted Ritter 
to the articles of impeachment against him was messaged by order from 
the Senate to the House.
---------------------------------------------------------------------------
15. 80 Cong. Rec. 5020, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

    The answer was referred to the managers on the part of the House 
and ordered printed.

Debate on Organizational Questions

Sec. 11.11 Where the Senate is sitting as a Court of Impeachment, 
    organizational questions arising prior to trial are debatable.

    On May 5, 1926, Vice President Charles G. Dawes, of Illinois, held 
that debate was in order on a motion to fix the opening date of an 
impeachment trial (of Judge George English), notwithstanding Rule XXIII 
(now Rule XIV), precluding debate during impeachment trials:

        The Chair will state that in impeachment trials had heretofore 
    such questions have been considered as debatable, and that Rule 
    XXIII, which refers to the decision of questions without debate, 
    has been held to apply after the trial has actually commenced. The 
    Senate has always debated the question of the time at which the 
    trial should start, and the Chair is inclined to hold that debate 
    is in order on a question of this sort.(16)
---------------------------------------------------------------------------
16. 67 Cong. Rec. 8725, 69th Cong. 1st Sess.
---------------------------------------------------------------------------

    Likewise, the rule on debate was held not applicable to an 
organizational question preceding the trial of President Andrew 
Johnson.(17)
---------------------------------------------------------------------------
17. 3 Hinds' Precedents Sec. 2100.
---------------------------------------------------------------------------

    On Mar. 3, 1933, however, following the presentation to the

[[Page 2110]]

Senate of articles of impeachment against Judge Harold Louderback by 
the managers on the part of the House, the Vice President, Charles 
Curtis, of Kansas, held that a motion to defer further consideration of 
the impeachment charges was not debatable.(18)
---------------------------------------------------------------------------
18. 76 Cong. Rec. 5473, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

Appointment of Presiding Officer

Sec. 11.12 The Senate adopted in the Harold Louderback impeachment 
    trial an order authorizing the Vice President or President pro 
    tempore to name a Presiding Officer to perform the duties of the 
    Chair.

    On May 15, 1933, in the Senate sitting as a Court of Impeachment 
for the trial of Judge Louderback, the following order was adopted:

        Ordered, That during the trial of the impeachment of Harold 
    Louderback, United States district judge for the northern district 
    of California, the Vice President, in the absence of the President 
    pro tempore, shall have the right to name in open Senate, sitting 
    for said trial, a Senator to perform the duties of the Chair.
        The President pro tempore shall likewise have the right to name 
    in open Senate, sitting for said trial, or, if absent, in writing, 
    a Senator to perform the duties of the Chair; but such substitution 
    in the case of either the Vice President or the President pro 
    tempore shall not extend beyond an adjournment or recess, except by 
    unanimous consent.(19)
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19. 77 Cong. Rec. 3394, 73d Cong. 1st Sess.
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Floor Privileges

Sec. 11.13 The Senate sitting as a Court of Impeachment may allow floor 
    privileges during the trial to assistants and clerks, to the 
    managers, and to the respondent's counsel.

    On Apr. 8, 1936, requests were made in the Senate, sitting as a 
Court of Impeachment in the trial of Judge Halsted Ritter, to allow 
certain assistants and others the privilege of the Senate floor. By 
unanimous consent, the Senate extended floor privileges to the clerk of 
the House Committee on the Judiciary, a special agent of the FBI, and 
an assistant to the respondent's counsel.(20)
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20. 80 Cong. Rec. 5132, 74th Cong. 2d Sess.
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    In the Louderback trial, requests were made by the House managers 
that the clerk of the House Committee on the Judiciary and a member of 
the bar be permitted to sit with the managers during the trial. The 
Senate voted to allow the requests, after the Presiding Officer of the 
Senate

[[Page 2111]]

indicated he wished to submit the question to the Senate.(1)
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 1. 6 Cannon's Precedents Sec. 522.
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    Parliamentarian's Note: In an impeachment trial, the managers on 
the part of the House and counsel for the respondent have the privilege 
of the Senate floor under the Senate rules for impeachment trials.