Beruflich Dokumente
Kultur Dokumente
Document 99-33]
[From the U.S. Government Printing Office]
PROCEDURE AND GUIDELINES FOR
IMPEACHMENT TRIALS IN THE
UNITED STATES SENATE
(REVISED EDITION)
by
and
(REVISED EDITION)
by
and
Mr. Byrd (for himself and Mr. Dole) submitted the following resolution;
which was referred to the Committee on Rules and Administration
[Strike out all after the resolving clause and insert the part printed
in italic]
C O N T E N T S
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Chapter
Page
I. Constitutional provisions........................................1
II. Rules of Procedure and Practice in the Senate When Sitting on
Impeachment Trials................................................2
III. Senate Rules.....................................................8
I. CONSTITUTIONAL PROVISIONS
``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.''
And demand that you, the said ------ ------, should be put to
answer the accusations as set forth in said articles, and that
such proceedings, examinations, trials, and judgments might be
thereupon had as are agreeable to law and justice.
You, the said ------ ------, are therefore hereby summoned
to be and appear before the Senate of the United States of
America, at their Chamber in the city of Washington, on the --
---- day of ------, at o'clock ------, then and there to answer
to the said articles of impeachment, and then and there to
abide by, obey, and perform such orders, directions, and
judgments as the Senate of the United States shall make in the
premises according to the Constitution and laws of the United
States.
Hereof you are not to fail.
Witness ------ ------, and Presiding Officer of the said
Senate, at the city of Washington, this ------ day of ------,
in the year of our Lord ------, and of the Independence of the
United States the ------.
------ ------,
Presiding Officer of the Senate.
Form of precept to be indorsed on said writ of summons
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\15\ March 2, 1868, 40-2, Senate Journal, p. 807.
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The reading of the articles of impeachment having
been concluded, Mr. Sumners said:
``Mr. President, the House of Representatives by
protestation, saving to themselves the liberty of
exhibiting at any time hereafter any further articles
of accusation or impeachment against the said Halsted
L. Ritter, a district judge of the United States for
the southern district of Florida, and also of replying
to his answers which he shall make unto the articles
preferred against him, and of offering proof to the
same and every part thereof, and to all and every other
article of accusation or impeachment which shall be
exhibited by them as the case shall require, do demand
that the said Halsted L. Ritter may be put to answer
the misdemeanors in office which have been charged
against him in the articles which have been exhibited
to the Senate, and that such proceedings, examinations,
trials, and judgments may be thereupon had and given as
may be agreeable to law and justice.
``Mr. President, the managers on the part of the
House of Representatives, in pursuance of the action of
the House of Representatives by the adoption of the
articles of impeachment which have just been read to
the Senate, do now demand that the Senate take order
for the appearance of said Halsted L. Ritter to answer
said impeachment, and do now demand his impeachment,
conviction, and removal from office.''
The Vice President informed the managers that the
Senate would take proper order in the matter of the
impeachment, and that notice would be given to the
House of Representatives.
The managers, by their chairman, Mr. Sumners, then
delivered the articles of impeachment at the
Secretary's desk, and withdrew from the
Chamber.16
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\16\ March 10, 1936, 74-2, Senate Journal, p. 477.
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6. After the Oaths are Administered, the Chair Directs the Sergeant At
Arms To Make Proclamation for the Beginning of the Trial and the Order
for a Summons to the Respondent Is Adopted
Rules on:
Precedence of Motions:
Amendments
Appeals
Articles of Impeachment
Amendments to:
Printing of:
Briefs are not submitted until after the managers and the
counsels for the respondent have made their opening statements
and have introduced witnesses. Once such briefs have been
filed, they are printed in the Record for the immediate use of
the Senators.
In the trial of Robert W. Archbald, the following order was
adopted for that purpose:
Ordered, That such briefs and citations of
authorities as have already been prepared by the
managers on the part of the House and counsel for the
respondent be filed with the Secretary and printed in
the Record for the immediate use of Senators.\75\
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\75\ December 5, 1912, 62-3, Senate Journal, p. 318.
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Appeals:
Vote by:
Closed Doors
Assistants for the Counsel Allowed on the Floor During the Trial:
Debate
Articles Of Impeachment:
Final Judgment:
Evidence
Admissibility of:
Galleries
House of Representatives
Journal
Appearance of:
Selection of by House:
Reduced to Writing:
Oaths to Senators
Opening Statements
Limitations On:
Points of Order
Both the managers and the counsel use the form of address
``Mr. President and Senators,'' 180 or simply ``Mr.
President.''181
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\180\ This was the form used in the Belknap trial.
\181\ This form was used in the trial of Willian Blount.
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When the Chief Justice is the Presiding Officer, he can be
addressed either as Mr. President or Mr. Chief
Justice.182
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\182\ These terms were used interchangeably in the trial of Andrew
Johnson.
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Both the managers on the part of the House and the counsel
for the respondent are required to rise and address the Chair
before speaking.183
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\183\ July 7, 1876, 44-1, Vol. 4, Part 7, Record, pp. 190-91.
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The present form and history of Rule XIX of the Senate sitting for
impeachments:
Quorum
Respondent
When the Presiding Officer, who has the power to make and
issue orders, mandates, writs, and precepts, makes use of this
power, he has the option of utilizing the Secretary of the
Senate as follows:
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.\218\
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\218\ Rule V, Senate Rules of Impeachment.
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Reading of Motions:
Record of Proceedings:
Senate Rules
Supplementary Rules:
Senators
Witnesses at Trial:
Subpenas
Enforcement of:
Form of:
Summons
Table, Motion to
Vote
Two-Thirds to Convict:
Witnesses
Attendance:
The Senate has adjourned on occasion to await the
attendance of witnesses.\253\ The Senate compels the attendance
of witnesses\254\ and forces obedience to its orders.\255\ It
can order witnesses to produce papers.\256\
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\253\ July 13, 1876, 44-1, Senate Journal, pp. 978-80.
\254\ Rule VI in part states: ``The Senate shall have the power to
compel the attendance of witnesses, . . .''.
\255\ Rule Vl in part states: ``The Senate shall have power to . .
. enforce obedience to its orders, . . .''.
\256\ July 8, 1876, 44-1, Senate Journal, p. 966.
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Examination of:
Limitation on Number:
List to be Called:
* * * * * * *
* * * * * * *
4. Provision Was Also Made for the Filing of Opinions Following the
Votes by Individual Senators
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Ordered, That upon the final vote in the pending
impeachment of Harold Louderback, each Senator may,
within 2 days after the final vote, file his opinion in
writing to be published in the printed proceedings in
the case.\284\
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\284\ May 24, 1933, 73-1, Senate Journal, p. 339.
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In the Ritter trial, four days were allowed.
Ordered, That upon the final vote in the pending
impeachment of Halsted L. Ritter each Senator may,
within 4 days after the final vote, file his opinion in
writing, to be published in the printed proceedings in
the case.\285\
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\285\ April 16, 1936, 74-2, Senate Journal, p. 506.
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5. At the Arrival of the Time Set by Previous Order, the Secretary Read
the First Article of Impeachment To Be Voted On, Followed by the Clerk
Calling the Roll
Judgment
* * * * * * *
JUDGMENT
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