New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-15
IMPEACHMENT OF SWAYNE
THE HOUSES CHARGES.
Hon the Trial IN the Senate WiI
BE Conducted.
rrrox THE TRIBUNE BuREAU.l

rFRox THE TRIBUNE BUREAU
washington Dec I4-CharIes Swayne, United
gates Judge in and for the Northern judicial
instruct Of Florida, was to-day impeached Oy
o-,vnittee from the House of Representatives
snpearing before the bar OF the Senate Tor that
,,rnose The committee, consisting OF Repre-
so,fatives Palmer. Jenkins Gillette. Clayton
snd smith, OF Kentucky. pursuant to the resolu-
.ton adopted yesterday IN the House, appeared
., the Senate chamber shortly after noon To-
6ay and made the following statement;
Mr. President, in obedience to the order OF
az House OF Representatives. we appear before
l1o and in the name OF the House Of Repre-
sentatives and of all the people OF the Dnleu
States Of America we 40 lInpeacn C ~ tbe
1-nfted States for the Northern District o.
FLORIDA of high crimes and or mlsdeIneAIloi IA
Office and we further inform me oeLa.e 10. 80
,be House of Representatives VIII III Gue INC nc
-bfbit articles of impeachment against MN
and make good the same And IN thelI y naI me
re demand that the Senate shall take oroer ior
.hs appearance Of the said Charles SWayhe TO
answer said impeachment
Mr. Frye. the president pro tempore. replied:
Nr Chairman and Gentlemen of the Commit
zee: The Chair begs TO announce that the sen
ste viii take order in the premises, Que hotice
Of which viii be given to the House
PROCEDURE IN THE SENATE.
On motion Of Mr.. Plat Of Connecticut. chair
man of the judiciary Committee Mr.. Frye theh
named the following members OF the JUDICIARY
Committee a special committee. and to 1t re-
Serred the resolution Of the House: Messrs'
Plat. Clark, of Wyoming; FAIRBANKS bacon
and Pettus This committee will meet to-mor-
row forenoon and viii draft resolution which,
having been reported to the Senate ana aoopteo'
,,,,u Ia conveyed TO the House by the secretary
- .La senate The resolution will read sub
stantiaIly follows:
Whereas. The House Of representatives. on
.-er1bers Henry W Palmer, John ]. Jenkins
lanes n. Gillette Henry D. Clayton and David
HIghbaugh Smith, at the bar OF the senate I'M
peached Charles Swayne, United states Judge
OF the Northern Judicial District OF Florida OF
high crimes and Instantaneous and informed
the Senate that the House OF representatives
will IN due time exhibit particular articles OF I'M
peachment against him and make good the
same and likewise take order for the appear
Rrce Of the said Charles Swayne 10 answer 10
said impeachment; therefore.
Resolved. That the Senate will, according to
its standing rules and orders In such cases pro-
.fded, take proper order thereon upon the pres
.ntation Of such articles OF impeachment, or
which due notice shall be given the House OF
REPRESENTATIVES
ordered: That the Secretary Of the Senate
acouaint the House Of Representatives here
with.
The delivery Of this resolution to the House
Of Representatives viii complete the first step
N the inpeachrnent proceedings, and present
indications are that further formal action will
rot be taken until after the Christmas recess.
The House to-day appointed Representatives
Palmer, Gillette, OF California; Parker Of New
Jersey; Littlefeld. Powers. Clayton and De Ar
rnond committee to prepare the articles Of i'm
parchment When these articles prepared
and adopted by the House the Senate will be
Informed, and. after proclamation by the ser
nd all m kae
silence OF pain OF imprisonment, the articles OF
Impeachment Will be exhibited and the presi-
dent Of the Senate viii inform the managers for
The House that the proper order will be taken.
SENATE TO SIT AS COURT.
On the following day Cunless that be Sunday
the Senate VIII proceed to the consideration Of
the articles, each member having taken a spe
cially prescribed OATH and hold daily sittings.
unless otherwise ordered by the Senate. until
final Judgment has been rendered. The methods
OF procedure in an impeachment trial resemble
those in a court of justice. the entire State sit
ting as judges, the managers for the House con-
Quoting the prosecution, and the accused man
may appear with counsel. The powers OF the
Senate TO compel the attendance Of witnesses.
summon the accused and enforce obedience to
its mandates, Writs, precepts and judgments are
the same as those In a high court Of justice.
That the Senate cannot conduct an impeach-
ment trial except when the House presenting
the unanimous opinion Of leading members Of
the upper chamber. well the universal
opinion OF constitutional authorities. This Opin-
ION renders futile all discussion Of the POSSIBLE
iy of the Senate's conducting the impeachment
proceedings at q special session to be held after
the expiration Of the present Congress. In sup
port OF this opinion IL is pointed out that the
managers for the House and the House ITSELF
VIII have political existence after noon on
March + next, so pOstponement until the next
session Of Congress would require that the i'm
ptachment proceedings be again initiated by
The House Of Representatives Of the 18th Con-
ertg. For these reasons IL is assumed that the
House VIII endeavor to prepare its articles Of
impeachment for exhibition before the Senate at
The earliest possible moment after the holiday
recess, and the Senate viii then at once pro-
ceed TO the consideration of the case, carrying
y 20 e conclusion with all the expedition posi-
Die.
Sentiment in the Senate is divided regarding
me situation resulting from the necessity Of
Tying Judge Swayne at this session. but among
the leaders il is not regarded as an unmixed
eFli, as II VIII render the consideration Of much
undesirable legislation impossible and make the
economical policy proposed by the leaders Of
polh houses easier Of execution.