Nevertheless the said Charles Swayne, judge as aforesaid, did not acquire a residence, and did not, within the intent and meaning of said act, reside in his said district, to wit, the northern district of Florida, from the twenty-third day of July, anno Domini eighteen hundred and ninety-four, to the first day of October, anno Domini nineteen hundred, a period of about six years.

Wherefore the said Charles Swayne, judge as aforesaid, willfully and knowingly violated the aforesaid law, and was and is guilty of a high misdemeanor in office. ART. 7. That the said Charles Swayne, having been duly appointed and confirmed, was commissioned district judge of the United States in and for the northern district of Florida on the first day of April, anno Domini eighteen hundred and ninety, to serve during good behavior, and thereafter, to wit, on the twenty-second day of April, anno Domini eighteen hundred and ninety, took the oath of office and assumed the duties of his appointment, and established his residence at the city of Saint Augustine, in the State of Florida, which was at that time within the said northern district. That subsequently, by an act of Congress of the United States approved the twentythird day of July, anno Domini eighteen hundred ninety-four, the boundaries of the said northern district of Florida, were changed, and the city of Saint Augustine, with the contiguous territory, was transferred to the southern district of Florida, whereupon it became and was the duty of the said Charles Swayne to change his residence and reside in the nothern district of Florida, as defined by said act of Congress, and to comply with section five hundred and fifty-one of the Revised Statutes of the United States, which provides that

"A district judge shall be appointed for each district, except in cases hereinafter provided. Every judge shall reside in the district for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor." Nevertheless, the said Charles Swayne, judge as aforesaid, totally disregarding his duty as aforesaid, did not acquire a residence, and within the intent and meaning of said act did not reside in his said district, to wit, the northern district of Florida, from the twenty-third day of July, anno Domini eighteen hundred and ninety-four, to the first day of January, anno Domini nineteen hundred and three, a period of about nine years.

Wherefore, the said Charles Swayne, judge as aforesaid, willfully and knowingly violated the aforesaid law, and was and is guilty of a high misdemeanor in office.

ART. 8. That the said Charles Swayne, having been appointed, confirmed, and duly commissioned as judge of the district court of the United States in and for the northern district of Florida, entered upon the duties of said office, and while in the exercise of his office as judge as aforesaid, to wit, while performing the duties of a judge of a circuit court of the United States, heretofore, to wit, on the twelfth day of November, anno Domini nineteen hundred and one, at the city of Pensacola, in the county of Escambia, in the State of Florida, did maliciously and unlawfully adjudge guilty of a contempt of court and impose a fine of one hundred dollars upon and commit to prison for a period of ten days E. T. Davis, an attorney and counselor at law, for an alleged contempt of the circuit court of the United States.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself in his office of judge, and was and is guilty of an abuse of judicial power and of a high misdemeanor in office.

ART. 9. That the said Charles Swayne, having been appointed, confirmed, and duly commissioned as judge of the district court of the United States in and for the northern district of Florida, entered upon the duties of said office, and while in the exercise of his office as judge as aforesaid, to wit, while performing the duties of a judge of a circuit court of the United States, heretofore, to wit, on the twelfth day of November, anno Domini nineteen hundred and one, at the city of Pensacola, in the county of Escambia, in the State of Florida, did knowingly and unlawfully adjudge guilty of a contempt of court and impose a fine of one hundred dollars upon and commit to prison for a period of ten days E. T. Davis, an attorney and counselor at law, for an alleged contempt of the circuit court of the United States.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself in his office as judge, and was and is guilty of an abuse of judicial power and of a high misdemeanor in office.

ART. 10. That the said Charles Swayne, having been appointed, confirmed, and duly commissioned as judge of the district court of the United States in and for the northern district of Florida, entered upon the duties of said office, and while in the exercise of his office as judge as aforesaid, to wit, while performing the duties of a judge of a circuit court of the United States, heretofore, to wit, on the twelfth day of November, anno Domini nineteen hundred and one, at the city of Pensacola, in the county of Escambia, in the State of Florida, did maliciously and unlawfully adjudge guilty of a contempt of court and impose a fine of one hundred dollars upon and commit to prison for a period of ten days Simeon Belden, an attorney and counselor at law, for an alleged contempt of the circuit court of the United States.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself in his office of judge, and was and is guilty of an abuse of judicial power, and of a high misdemeanor in office.

ART. 11. That the said Charles Swayne, having been appointed, confirmed, and duly commissioned as judge of the district court of the United States in and for the northern district of Florida, entered upon the duties of said office, and while in the exercise of his office as judge as aforesaid, to wit, while performing the duties of a circuit judge of the United States heretofore, to wit, on the twelfth day of November, anno Domini nineteen hundred and one, at the city of Pensacola, in the county of Escambia, in the State of Florida, did knowingly and unlawfully adjudge guilty of contempt of court and impose a fine of one hundred dollars upon and commit to prison for a period of ten days Simeon Belden, an attorney and counselor at law, for an alleged contempt of the circuit court of the United States.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself in his office as judge, and was and is guilty of an abuse of judicial power, and of a high misdemeanor in office.

ART. 12. That the said Charles Swayne, having been duly appointed, confirmed, and commissioned as judge of the United States in and for the northern district of Florida, entered upon the duties of his office, and while in the exercise of his office of judge, heretofore, to wit, on the ninth day of December, anno Domini nineteen hundred and two, at Pensacola, in the county of Escambia, in the State of Florida, did unlawfully and knowingly adjudge guilty of contempt, and did commit to prison for the period of sixty days, one W. C. O'Neal, for an alleged contempt of the district court of the United States for the northern district of Florida.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself in his office of judge, as aforesaid, and was and is guilty of an abuse of judicial power, and of a high misdemeanor in office.

And 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 Charles Swayne, judge of the United States court for the northern district of Florida, 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 or accusation or impeachment which shall be exhibited by them as the case shall require, do demand that the said Charles Swayne may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given aš may be agreeable to law and justice. J. G. CANNON, Speaker of the House of Representatives.

Attest:

A. MCDOWELL,

Clerk.

The articles of impeachment were handed to the Secretary of the Senate.

The PRESIDENT pro tempore. The Senate will take proper order in the matter of the impeachment of Judge Swayne, and communicate to the House of Representatives its action.

The managers thereupon withdrew from the Chamber.

Mr. PLATT, of Connecticut. I submit the order which I send to the desk and ask that it be now considered.

The PRESIDENT pro tempore. The order will be read.

The order was read, considered by unanimous consent, and agreed to, as follows:

Ordered, That the articles of impeachment presented this day by the House of Representatives be printed for the use of the Senate.

Mr. PLATT, of Connecticut. I submit the order which I send to the desk, for which I ask present consideration.

The PRESIDENT pro tempore. The order submitted by the Senator from Connecticut will be read.

The order was read, considered by unanimous consent, and agreed to, as follows:

Ordered, That at 2 o'clock this afternoon the Senate will proceed to the consideraation of the articles of impeachment of Charles Swayne, judge of the United States district court for the northern district of Florida, presented this day.

Mr. FAIRBANKS. I ask for the present consideration of the order which I send to the desk.

The PRESIDENT pro tempore. The order will be read.

The order was read, considered by unanimous consent, and agreed to, as follows:

Ordered, That a committee of two Senators be appointed by the Chair to wait upon the Chief Justice of the United States and invite him to attend in the Senate Chamber at 2 o'clock this day, to administer to Senators the oath required by the Constitution, in the matter of the impeachment of Charles Swayne, or in case of his inability to attend, any one of the associate justices.

The PRESIDENT pro tempore. In pursuance of the order just adopted, the Chair appoints as the committee to wait on the Chief Justice the Senator from Indiana [Mr. Fairbanks] and the Senator from Georgia [Mr. Bacon].

The PRESIDENT pro tempore. Senators, thirty-two or thirty three working days remain of this short session, and the impeachment trial of Judge Swayne must be proceeded with to a conclusion; also absolutely necessary legislation must be enacted. The duties of the Presiding Officer, whether the Senate sit as a court or as a legislative body, will be very arduous and exacting. I have not yet quite recovered from my recent illness, and I have serious doubts whether my strength would be sufficient to perform satisfactorily to you or to myself these double duties.

In justice to the Senate sitting as a court, where the proceedings certainly ought not to be delayed or interrupted, and to myself, I ask that the Senate will select a Senator to preside over the proceedings while the Senate is a court, and that I be permitted to preside in the legislative and executive sessions.

Mr. SPOONER. Mr. President, I offer the following resolution, for which I ask immediate consideration.

The PRESIDENT pro tempore. The Senator from Wisconsin offers a resolution, which will be read.

The resolution was read as follows:

Resolved, That in view of the statement just made to the Senate by the President pro tempore of his inability, because of recent illness, to discharge the duties of his office, other than those involved in presiding over the Senate in legislative and executive session, the Hon. Orville H. Platt, Senator from the State of Connecticut, be, and he is hereby, appointed presiding officer on the trial of the impeachment of Charles Swayne, district judge of the United States for the northern district of Florida.

The PRESIDENT pro tempore. Is there objection to the present consideration of the resolution?

The resolution was considered by unanimous consent and agreed to.

Mr. ALLISON. I introduce at this time a joint resolution and ask that it may be read. I will then ask unanimous consent that it be considered now.

The joint resolution (S. R. 97) providing for the payment of the expenses of the Senate in the impeachment trial of Charles Swayne was read the first time by its title and the second time at length, as follows:

Resolved, etc., That there be appropriated from any money in the Treasury not otherwise appropriated the sum of $40,000, or so much thereof as may be necessary, to defray the expenses of the Senate in the impeachment trial of Charles Swayne. The PRESIDENT pro tempore. Is there objection to the consideration of the joint resolution?

There being no objection, the joint resolution was considered as in Committee of the Whole.

The joint resolution was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

*

Mr. PLATT, of Connecticut (at 2 o'clock p. m.). It may be a mere matter of formality, but Rule III of the Rules of Procedure and Practice in the Senate when sitting on impeachment trials provides that the Presiding Officer shall administer the oath therein provided to the members of the Senate when sitting in impeachment trials. I ask unanimous consent that the rule be suspended.

The PRESIDENT pro tempore. Is there objection? The Chair hears none, and the rule is suspended.

The presence of the Chief Justice of the United States, Hon. Melville W. Fuller, was announced by the Assistant Sergeant-at-Arms. The Chief Justice entered the Senate Chamber, escorted by Mr. Fairbanks and Mr. Bacon, the committee appointed for the purpose, and was conducted by them to a seat by the side of the President pro tempore.

Mr. FAIRBANKS. Mr. President, the committee appointed by the Senate to wait upon the Chief Justice of the Supreme Court of the United States and request him to administer to Senators the oath required by the Constitution in the matter of the impeachment of Judge Charles Swayne, report that they have discharged that duty. The Chief Justice of the Supreme Court, complying with the request of the Senate, is now present in the Senate and ready to administer the oath required to be administered to the members of the Senate sitting in the trial of impeachments.

The Chief Justice administered the oath to the President pro tempore as follows:

You do solemnly swear that in all things appertaining to the trial of the impeachment of Charles Swayne, judge of the district court of the United States for the northern district of Florida, now pending, you will do impartial justice according to the Constitution and laws. So help you God.

The PRESIDENT pro tempore. The Senator from Connecticut will please present himself as Presiding Officer of the Senate while in court and take the necessary oath.

Mr. PLATT, of Connecticut, advanced to the Vice-President's desk, and the oath was administered to him by the Chief Justice.

The PRESIDENT pro tempore. The Secretary will call the roll, and as their names are called Senators will present themselves at the desk in groups of ten, and the oath will be administered to them.

The Secretary called the names of Messrs. Aldrich, Alger, Allee, Allison, Ankeny, Bacon, Bailey, Ball, Bard, and Bate, and these Sena

tors, with the exception of Mr. Aldrich, advanced to the area in front of the Vice-President's desk, and the oath was administered to them by the Chief Justice.

The Secretary called the names of Messrs. Berry, Beveridge, Blackburn, Burnham, Burrows, Burton, Carmack, Clapp, Clark, of Montana, and Clark, of Wyoming, and these Senators, with the exception of Mr. Blackburn, Mr. Burton, and Mr. Clark, of Wyoming, appeared, and the oath was administered to them by the Chief Justice.

The Secretary called the names of Messrs. Clarke, of Arkansas, Clay, Cockrell, Crane, Culberson, Cullom, Daniel, Depew, Dick, and Dietrich, and these Senators, with the exception of Mr. Culberson, Mr. Daniel, and Mr. Depew, appeared, and the oath was administered to them by the Chief Justice.

The Secretary called the names of Messrs. Dillingham, Dolliver, Dryden, Dubois, Elkins, Fairbanks, Foraker, Foster, of Louisiana, Foster, of Washington, and Fulton, and these Senators, with the exception of Mr. Dryden and Mr. Foster, of Washington, appeared, and the oath was administered to them by the Chief Justice.

The Secretary called the names of Messrs. Gallinger, Gamble, Gibson, Gorman, Hale, Hansbrough, Hawley, Heyburn, Hopkins, and Kean, and these Senators, with the exception of Mr. Hawley, appeared, and the oath was administered to them by the Chief Justice.

Mr. PLATT, of Connecticut. I desire to announce that my colleague, Mr. Hawley, is detained at home by illness.

The Secretary called the names of Messrs. Kearns, Kittridge, Knox, Latimer, Lodge, Long, McComas, McCreary, McCumber, and McEnery, and these Senators, with the exception of Mr. Knox, appeared, and the oath was administered to them by the Chief Justice. Mr. PENROSE. I desire to announce that my colleague [Mr. Knox] is absent from the city.

The Secretary called the names of Messrs. McLaurin, Mallory, Martin, Millard, Mitchell, Money, Morgan, Nelson, Newlands, and Overman, and these Senators, with the exception of Mr. McLaurin and Mr. Mitchell, appeared, and the oath was administered to them by the Chief Justice.

The Secretary called the names of Messrs. Patterson, Penrose, Perkins, Pettus, Platt of New York, Proctor, Quarles, Scott, Simmons, and Smoot, and these Senators, with the exception of Mr. Quarles and Mr. Scott, appeared, and the oath was administered to them by the Chief Justice.

The Secretary called the names of Messrs. Spooner, Stewart, Stone, Taliaferro, Teller, Tillman, Warren, and Wetmore, and these Senators, with the exception of Mr. Tillman, appeared, and the oath was administered to them by the Chief Justice.

Mr. LATIMER. My colleague [Mr. Tillman] is prevented from attending the session of the Senate on account of sickness.

Mr. DANIEL appeared, and the oath was administered to him by the Chief Justice.

Mr. SCOTT appeared, and the oath was administered to him by the Chief Justice.

Mr. KEAN. My colleague [Mr. Dryden] is necessarily absent from the Senate.

Mr. PLATT, of New York. I beg to announce that my colleague [Mr. Depew] is absent from the city.