THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
To accord with the conviction of the Chief Justice[76] that the court
should adopt its own rules, those adopted on March 2 by the Senate
sitting in its legislative capacity were readopted by the Senate sitting
as a court of impeachment. The rules are as follows:
[Footnote 76: See letter from the Chief Justice, pp. 718-720.]
RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON THE TRIAL
OF IMPEACHMENTS.
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 Senate is ready to receive
the managers for the purpose of exhibiting such articles of impeachment
agreeably to said 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 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 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 lawful 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 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 provided for. The presiding officer
may, in the first instance, submit to the Senate, without a division,
all questions of evidence and incidental questions; but the same shall,
on the demand of one-fifth of the members present, be decided by yeas
and nays.
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 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 12 o'clock and 30 minutes 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 herein 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 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. At 12 o'clock and 30 minutes 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.
XII. 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 sitting 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.
XIII. 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.
XIV. Counsel for the parties shall be admitted to appear and be heard
upon an impeachment.
XV. 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 committed to writing and read at the Secretary's table.
XVI. 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.
XVII. If a Senator is called as a witness, he shall be sworn and give
his testimony standing in his place.
XVIII. 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.
XIX. 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.
XX. 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.
XXI. 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.
XXII. 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.
XXIII. All the orders and decisions shall be made and had by yeas and
nays, which shall be entered on the record, and without debate, 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.