IMPEACHMENT. 



355 



the Army for the fiscal year ending June 30, 1868, 

 and for other purposes," approved March 2 ? 18t>7. and 

 also to prevent the execution of an act entitled " An 

 act to provide for the more efficient government of 

 the rebel States," passed March 2, 1867 ; whereby the 

 said Andrew Johnson, President of the United 

 States, did then, to wit : on the 21st day of February, 

 1868, at the city of Washington, commit and was 

 guilty of a high misdemeanor in office. 



And the House of Eepresentatives, by protestation, 

 saving to themselves the liberty of exhibiting at any 

 time hereafter any further articles or other accusation, 

 or impeachment against the said Andrew Johnson, 

 President of the United States, and also of replying 

 to his answers which he shall make unto_the articles 

 herein preferred against him, and of offering proof to 

 the same and every part thereof, and to all and every 

 other article, accusation, or impeachment which shall 

 be exhibited by them, as the case shall require, do 

 demand that the said Andrew Johnson may be put 

 to answer the high crimes and misdemeanors in office 

 herein charged against him, and that such proceed- 

 ings, examinations, trials, and judgments may be 

 thereupon had and given as may be agreeable to law 

 and justice. 



The Senate, in its preparation for so mo- 

 mentous an event, adopted rules of procedure 

 and practice for the guidance of the court ; and, 

 to accord with the conviction of the Chief Jus- 

 tice that the court, should adopt its own rules, 

 they were pro for ma again adopted when the 

 court met. They are as follows : 



Rules of Procedure and Practice in the Senate whe.n sit- 

 ting on the Trial of Impeachments. 



I. Whensoever the Senate shall receive notice 

 from the House of Eepresentatives that managers 

 are appointed on their part to conduct an impeach- 

 ment against any person, and are directed to carry 

 articles of impeachment to the Senate, the Secretary 



'of the Senate shall immediately inform the House of 

 Representatives that the Senate is ready to, receive 

 the managers for the purpose of exhibiting such arti- 

 cles of impeachment agreeably to said notice. 



II. When the managers of an impeachment shall 

 be introduced at the bar of the Senate, and shall sig- 

 nify that they are ready to exhibit articles of impeach- 

 ment 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 Eepresentatives is exhibiting to 

 the Senate of the United States articles of impeach- 

 ment 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 impeach- 

 ment, of which due notice shall be given to the House 

 of Eepresentatives. 



III. Upon such articles being presented to the 

 Senate, the Senate shall, at one o'clock afternoon of 

 the day (Sunday excepted) following such presenta- 

 tion, or sooner if so 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 need- 

 ful. 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 pre- 

 side ; and in a case requiring the said Chief Justice 

 to preside, notice shall be given to him, by the Pre- 

 siding Officer of the Senate, of the time and place 

 fixed for the consideration ot the articles of impeach- 

 ment, as aforesaid, with a request to attend ; and the 

 said Chief Justice shall preside over the Senate dur- 

 ing 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 otner regulations and orders 

 in the premises as the Senate may authorize or pro- 

 vide. 



VI. The Senate shall have power to compel the 

 attendance of witnesses, to enlorce obedience to its 

 orders, mandates, writs, precepts, and judgments, to 

 preserve order, and to punish in a summary way con- 

 tempts 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 di- 

 rection of the Senate, may employ such aid and as- 

 sistance as may be necessary to enforce, execute, and 

 cany into effect the lawful orders, mandates,' writs, 

 and precepts of the Senate. 



VII. The Presiding Officer of the Senate shall di- 

 rect all necessary preparations in the Senate Chamber, 

 and the presiding officer upon the trial shall direct all 

 the forms of proceeding while the Senate are sitting 

 for the purpose of trying an impeachment, and all 

 forms during the trial not otherwise ^ specially pro- 

 vided for. The presiding officer may, in the first in- 

 stance, submit to the Senate, without a division, all 

 questions of evidence and incidental questions : but 

 the same shall, on the demand of one-fifth 01 the 

 members present, be decided by yeas and nays. 



VIII. Upon the presentation of articles of im- 

 peachment and the organization of the Senate as here- 

 inbefore 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 pre- 

 cept, either by the delivery of an attested copy 

 thereof to the person accused, or, if that cannot con- 

 veniently 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 therefor 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 twelve o'clock and thirty minutes afternoon 

 of the day appointed for the return of the summons 

 against the person impeached, the legislative and ex- 

 ecutive 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 



