Managers for the House are usually appointed after the articles of impeachment have been adopted by the House (see, "Congressional Procedure," Floyd M. Riddick, 1941, p. 23). "The managers have been selected in three different ways: (1) by resolution authorizing the Speaker to appoint managers, fixing their number, (2) by resolution naming both the number and the persons of the committee, and (3) by election by ballot with a majority vote for each candidate." (see, Riddick, supra, pp. 2324; and, Cannon's, Precedents of the House of Represnetatives, Vol. VI, par. 467; Hinds. Precedents of the House of Representatives, Vol. III, pars. 2323, 2345, 2368, 2412, 2417, 2475, 2448). Of the various impeachment indictments that have been brought by the House, the time of the appointment of managers has occurred as follows: 1. Fifth Congress, 1797-1798, Impeachment of William Blount, United States Senator. Articles of impeachment agreed to by House, Jan. 29, 1798 (Hinds', supra, Vol. III. par. 2300, p. 650). Managers appointed by ballot, Jan. 29, 1798, following adoption of articles (above) (ibid.). 2. Seventh Congress, 1803, Impeachment of John Pickering, U.S. District Judge in New Hampshire. Articles of Impeachment agreed to by House, December 30, 1803 (Hinds', supra, Vol. III. par. 2323, p. 685). Managers appointed following adoption of articles, Dec. 30, 1803 (ibid.). 3. Eight Congress, 1804, Impeachment of Sanuel Chase, Associate Justice, U.S. Supreme Court. Articles of impeachment agreed to by House, Dec. 4, 1804 (Hinds', supra, Vol. III. par. 2344, p. 719). Managers appointed by ballot, pursuant to resolution, Dec. 5, 1804 (supra, par. 2345, p. 720). 4. Twenty-first Congress, 1830, Impeachment of James H. Peck, U.S. District Judge in Missouri. Articles of impeachment agreed to by House, May 1, 1830 (Hinds', supra, Vol. III. par 2368, p. 784). Managers appointed by ballot, pursuant to resolution, following adoption of the articles, May 1, 1830 (ibid.). 5. Thirty-seventh Congress, 1862, Impeachment of West H. Humphreys, U.S. District Judge, Tennessee. Articles of impeachment adopted by the House, May 19, 1862 (Hinds', supra, Vol. III. par. 2387, p. 807). Managers appointed by the Speaker, pursuant to resolution, May 20, 1862 (Hinds', supra, Vol. III. par. 2383, p. 808). 6. Fortieth Congress, 1868. Impeachment of President Andrew Johnson. Articles of impeachment agreed to by House, March 2, 1868 (Hinds', supra, Vol. III, par. 2416, p. 856). Managers appointed by ballot, pursuant to resolution, (see, supra, p. 853), on March 2, 1868 (Hds', supra, Vol. III, par. 2417, p. 857). 7. Forty-fourth Congress, 1876, Impeachment of William W. Belknap, Secre tary of War. Articles of impeachment agreed to by House, April 3, 1876 (Hinds', supra, Vol. III, par. 2448, p. 908). Resolution naming managers adopted in the House on April 3, 1876, after adoption of articles (ibid.). 8. Fifty-Eighth Congress, 1905, Impeachment of Charles Swayne, U.S. District Judge, Florida. Articles of impeachment agreed to by House, Jan. 18, 1905 (Hinds', supra, Vol. III, par. 2474, p. 958). Managers appointed by Speaker, pursuant to resolution, on Jan. 18, 1905, after adoption of the articles (supra, par. 2475, p. 938). 9. Sixty-second Congress, 1912, Impeachment of Robert W. Archbold, U.S. Circuit Judge. Articles of impeachment agreed to by House, July 11, 1912 (Cannon's, supra, Vol. VI, par. 500, p. 687). Resolution naming managers adopted by House, July 11, 1912, after adoption of articles (ibid.). 10. Seventy-second Congress, 1933, Impeachment of Harold Loaderback, U.S. District Judge, California. Articles of impeachment agreed to by House, Feb. 24, 1933 (Cannon's, supra, Vol. VI, par. 514, p. 712). Resolution naming managers adopted by House, February 27, 1933 (ibid.). ROBERT L. TIENKEN, Legislative Attorney. THE LIBRARY OF CONGRES:, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., February 20, 1968. Subject: General bibliography on impeachment. This will refer to your request of February 9, 1968 for a bibliography on impeachment and removal of judicial officers, and copies of any reports or multiliths which we have done. Attached hereto is such a bibliography, and we enclose copies of two multiliths with reports which this office has prepared, numbers 13 and 14 on the enclosed list. HUGH C. KEENAN, JR., Leglislative Attorney. THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., February 20, 1968. GENERAL BIBLIOGRAPHY ON IMPEACHMENT NOT INCLUDING SPECIFIC CASES 1. Trial by impeachment.-Theodore W. Dwight, Philadelphia, E. C. Markley & Sons, 1867. 283 pp. 2. Digest of the law of impeachment.-Miran C. Todd. 1913 (note: not intended as a complete digest on the law of impeachment). 3. Impeachment: a monograph on the impeachment of the federal judiciary. -Brisley Brown. Washington, Government Printing Office, 191d. Senate Document 336. 63rd Cong., 2nd Sess. 4. A brief of authorities upon the law of impeachable crimes and_misdemeanors.-William Lawrence. Washington, Government Printing Office, 1860. 27 pp. 5. A proposed tribunal: is it constitutional?—a discussion of the suggested court for the trial of federal judges charged with misconduct in office. Merrill E. Otis. Kansas City, Missouri, The University of Kansas City Press. 1939. 53 pp. 6. A treatise on federal impeachments.—with appendix containing, inter alia, as abstract of the articles of impeachment in this country and in England. Alexander Simpson, Philadelphia, 1916. 250 pp. 7. Extracts from the Journal of the Senate of the United States in cases of impeachments.-United States. Congress. Senate. Washington, Government Printing Office, 1904. 499 pp. 8. Extracts from the Journal of the Senate of the United States in cases of impeachments presented by the House of Representatives, 1798-1904.United States. Congress. Senate. Washington, Government Printing Office, 1912. 594 pp. 9. Rules of procedure and practice in the Senate, when sitting on the trial of impeachments.-United States. Congress. Senate. (See latest edition). 10. Trial of good behavior of certain federal judges.-Hearing before a subcommittee of the Committee on the Judiciary, U.S. Senate. 77th Cong., 1st Sess. on H.R. 146, as act to provide for trial of and judgments upon the issue of good behavior in the case of certain federal judges, Nov. 26, 1941. United States. Congress. Senate. Committee on the Judiciary. Washington, Government Printing Office, 1941, 71 pp. 11. Memorandum on the removal power of Congress with respect to the Supreme Court.-Committee print of the Senate Judiciary Committee. United States. Library of Congress. Legislative Reference Service. Washington, Government Printing Office. 1947. 12. Impeachable offenses under the Constitution of the United States.-George W. Van Nest. Boston, 1882. 21pp. 13. Impeachment.-James P. Radigan, Jr. (Legislative Reference Service, Senior Specialist), June 25, 1957. 9 pp. (discusses procedure, persons subject 52-459-71-63 to impeachment, role played by officials of Congress and the Government, and impeachment trials and ultimate findings of all impeachments began). 14. Impeachment.-United States. Library of Congress. Legislative Reference Service. Extracts from introduction to American Government, by Frederic A. Ogg and P. Orman Ray, 1951. on the impeachment powers of Congress, 5 pp. To: Separation of Powers Subcommittee. HUGH C. KEENAN, JR., Legislative Attorney. THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., February 12, 1970. Subject: Judicial conferences and councils. This is in response to your inquiry and our subsequent telephone conversation in which you requested a bibliography on judicial conferences and councils including: books, law review articles, and congressional material since 1940. CHARLES DOYLE, Legislative Attorney. THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., February 12, 1970. JUDICIAL CONFERENCES AND COUNCILS-BIBLIOGRAPHY BOOKS Commerce and Industry Association of New York, The Judicial Council. New York, N.Y. (1931). Committee on Rule Making Powers and Judicial Councils, The Judicial Council Idea and the Federal Judicial System. Report to the Conference of Bar Association Delegates, Atlantic City, N.J. (1931). Harris, Silas A., The Rule-Making Power. American Bar Association Committee on Improving the Administration of Justice, Judicial Administration monograph, Series A, No. 1. Judicial Conference of the United States, Report on the Powers and Respon sibilities of Judicial Councils. Government Printing Office, Washington, D.C. (1961) [House Document No. 201, 87th Cong., 1st Sess.] Pound, Roscoe, Organization of Courts. Little, Brown and Co., Boston, Mass. (1940). Schubert, Glendon, Judicial Policy Making: The Political Role of the Courts. Scott, Foresman American Government Series, Glenview, Ill. (1965). Washington State University, State Judicial Councils. Seattle (1957). Willoughby, W. F., Principles of Judicial Administration. Brooking Institute, Washington, D.C. (1929). LAW REVIEW ARTICLES AND NOTES Arnold, T. "Judicial Councils". 35 West Virginia Law Quarterly 193 (1929). Chandler, Robert W. "The Oregon Judicial Council: An Appraisal". 47 Oregon Law Review 121 (1968). Coffey, C. S. "Judicial Council Movement". 16 Tennessee Law Review 960 (1941). Cummings, Homer S. "Judicial Conferences in the Federal Circuits". 24 American Bar Association Journal 979 (1939). Dethmers, John R. "Ten Years of Progress: The Conference of Chief Justices". 45 American Bar Association Journal 47 (1959). Dodge, Roger G. “Judicial Councils". 51 Report of the American Bar Association 267 (1926). Gallagher, Marian G. "State Judicial Councils, Judicial Conferences, Court Administrators, and Related Organizations, With a Summary of Authority for Their Organization and a Checklist of Publications Issued Since 1947". 51 Law Library Journal 125 (1958). Kiley, Roger J. "The Judicial Conference: A New 'Child' Comes of Age in Illinois". 44 American Bar Association Journal 835 (1958). Maris, Albert B. "Federal Procedural Rule Making: The Program of the Judicial Conference". 47 American Bar Association Journal 772 (1961). McClendon, J. W. "A Review of the Judicial Council Movement". 9 Texas Law Review 366 (1931). (1940). "Judicial Council Movement". 25 Massachusetts Law Quarterly 11 Morse, Lewis W. "Federal Judicial Conferences and Councils: Their Creation and Reports". 27 Cornell Law Quarterly 347 (1942). Neil, A. B. "The Purpose and Capabilities of the Judicial Conference of Tennessee". 24 Tennessee Law Review 629 (1956). Nims, Harry D. "The Judicial Council: A Quarter Century of Progress". 35 American Bar Association Journal 817 (1949). Pound, Roscoe. "The Function and Prospects of Judicial Councils". 23 Journal of the American Judicature Society 53 (1939). Prettyman, E. Barrett. "The Administrative Conference of the United States". 28 I.C.C. Practitioners' Journal 1195 (1961). Ragland, G. "The Kentucky Judicial Council". 17 Kentucky Law Journal 373 (1929). Reidy, Daniel J. "The Judicial Conference of the United States: A Proposed Additional Function". 30 New York State Bar Bulletin 118 (1958). Sunderland, E. R. "The Judicial Council as an Aid to the Administration of Justice". 35 American Political Science Review 925 (1941). Taft, W. "The Attacks on Courts and Legal Procedure". 5 Kentucky Law Journal 13 (1916). "Three Needed Steps of Progress". 8 American Bar Association Journal 34 (1922). "Possible Reforms in the Administration of Justice in Federal Courts". 8 American Bar Association Journal 601 (1922). Thomas, Elwyn. "Judicial Council History". 33 Florida Bar Journal 59 (1959). Traynor, Rober J. "The Unguarded Affairs of the Semikempt Mistress". 113 University of Pennsylvania Law Review 485 (1965). 81st Congress 64 Stat. 1128 (1950) CONGRESSIONAL MATERIALS H.R. 4579 (Authorizing representation of territorial circuit judges to Judicial Conferences.) S. Rep. No. 2599 H.R. Rep. No. 2576 1950 United States Code Congressional Service 4300 82nd Congress 65 Stat. 723, § 38 (1951) HI.R. 3899 (Authorized the representation of U.S. judges sitting in Guam at the Judicial Conferences.) S. Rep. No. 1020 H.R. Rep. No. 462 1951 United States Code Congressional Service 2578 84th Congress 70 Stat. 497, § 1(d) (1956) S. 977 (Authorized representation of Court of Claims at the Judicial Conference.) S. Rep. No. 1817 H.R. Rep. No. 2349 1956 United States Code Congressional and Administrative News 3021 85th Congress 71 Stat. 476 (1957) H.R. 3819 (Authorized representation of district court judges at Judicial Conferences.) S. Rep. No. 874 H. R. Rep. No. 172 1957 United States Code Congressional and Administrative News 1696 72 Stat. 356 (1958) H.R. 10154 (Authorizing the Judicial Conference to study the rules of practice in the federal court system.) S. Rep. No. 1744 H. Rep. No. 1670 1958 United States Code Congressional and Administrative News 3023 72 Stat. 845 (1958) H.J. Res. 424 (Authorizing the Judicial Conference to establish institutes and councils on sentencing.) S. Rep. No. 2013 H. Rep. No. 1946 Conf. Rep. No. 2579 1958 United States Code Congressional and Administrative News 3891 Federal Sentencing Procedure, Hearings before Subcommittee No. 3 of the House Committee on the Judiciary on H.R. Res. 424, H.R. Res. 425 and H.R. 8923 (1958). 87th Congress H.R. 176 (Authorized representation of the Court of Customs and Patent Appeals at the Judicial Conference.) S. Rep. No. 887 H. Rep. No. 680 1961 United States Code Congressional and Administrative News 2696 CHARLES DOYLE, Legislative Attorney. THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., February 17, 1964. Subject: Charges levelled against Federal judges in impeachment trials. 1. Judge John Pickering-The House of Representatives impeached Pickering on charges of malfeasance and general unfitness for office, "being a man of loose morals and intemperate habits." [3 Hinds Precedents of the House of Representatives 681, 692]. Certain acts in the conduct of trials were alleged as indicating lack of judicial capacity and occasions of appearances on the bench while intoxicated, with extensive use of profanity, were cited. [See also Turner, "The Impeachment of John Pickering." 54 American Historical Review (April 1949.] 2. Justice Samuel Chase-The House presented eight articles of impeachment against Justice Chase, the first seven concerning his "oppressive conduct" as a presiding judge in several criminal trials in 1800 which had arisen under the Sedition Act, and the eighth concerning an address by Chase at Baltimore in which he strongly attacked President Jefferson and Congress. [3 Hinds Precedents of the House of Representatives 711, 722-724; see also Lillich, "The Chase Impeachment," American Journal of Legal History (Jan. 1960).] 3. Judge James H. Peck-The articles of impeachment approved by the House charged Peck had "arbitrarily, oppressively, and unjustly" utilized his position to put a lawyer in jail because the lawyer purportedly had published a letter in answer to an opinion of Judge Peck's in a case then on appeal before the Supreme Court. [3 Hinds Precedents of the House of Representatives 722, 786-788]. 4. Judge West H. Humphreys-The articles of impeachment approved by the House charged Humphreys with inciting revolt and rebellion by public speech against the Government of the United States in violation of his oath as judge, with supporting and advocating approval of the Tennessee ordinance of secession, with organizing armed rebellion against the United States, with neglecting and refusing to hold the district court of the United States as by law he was required to do, and with acting as a judge in the district court of the Confederate States of America, all "with intent to subvert the authority of the Government of the United States." [3 Hinds Precedents of the House of Rep resentatives 805, 810-811]. |