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

Resolved, That the message of the House of Representatives relating to the impeachment of Charles Swayne be referred to a select committee to consist of five Senators to be appointed by the President pro tempore.

The President pro tempore appointed as the committee Messrs. Platt, of Connecticut; Clark, of Wyoming; Fairbanks, Bacon, and Pettus.

IN THE SENATE, December 15, 1904.

Mr. PLATT, of Connecticut. The special committee appointed to consider the message of the House relating to the impeachment of Charles Swayne submit the following report, and ask that the resolution or order may be adopted.

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

Whereas the House of Representatives, on the 14th day of December, 1904, by five of its members (Mr. Palmer, of Pennsylvania; Mr. Jenkins, of Wisconsin; Mr. Gillett, of California; Mr. Clayton, of Alabama, and Mr. Smith, of Kentucky), at the bar of the Senate impeached Charles Swayne, judge of the district court of the United States for the northern district of Florida, of high crimes and misdemeanors in office, and informed the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him and make good the same; and likewise demanded that the Senate take order for the appearance of the said Charles Swayne to answer the said impeachment: Therefore,

Ordered, That the Senate will, according to its standing rule and orders in such cases provided, take proper order thereon (upon the presentation of the articles of impeachment), of which due notice shall be given to the House of Representatives. Ordered, That the Secretary acquaint the House of Representatives herewith.

IN THE SENATE, January 21, 1905. A message from the House of Representatives, by Mr. W. J. Browning, announced that the House had agreed to the following resolution: IN THE HOUSE OF REPRESENTATIVES,

January 21, 1905.

Resolved, That a message be sent to the Senate to inform them that this House have appointed Mr. Palmer, Mr. Powers, of Massachusetts, Mr. Olmsted, Mr. Perkins, Mr. Clayton, Mr. De Armond, and Mr. Smith, of Kentucky, managers to conduct the impeachment against Charles Swayne, judge of the district court of the United States in and for the northern district of Florida, and have directed the said managers to carry to the Senate the articles agreed upon by this House to be exhibited in maintenance of their impeachment against said Charles Swayne, and that the Clerk of the House do go with said message.

Mr. PLATT, of Connecticut. Mr. President, I ask permission at this time to submit an order, and I ask that it be acted upon.

The PRESIDENT pro tempore. The Senator from Connecticut presents an order, and asks for its present consideration. It will be read. The order was read, and agreed to, as follows:

Ordered, That the Secretary inform the House of Representatives that the Senate is ready to receive the managers appointed by the House for the purpose of exhibiting articles of impeachment against Charles Swayne, judge of the district court of the United States for the northern district of Florida, agreeably to the notice communicated to the Senate.

Mr. TELLER. Mr. President, if I may be allowed to say a word, I should like to say it now, for I believe possibly it may expedite business in the future.

We have just received from the House of Representatives notice that we are to enter upon an impeachment case. I am utterly unacquainted with the character of the charges made against this judge, for 1 have read only one of them, I think. I expect to sit here as a judge, and I did not care to prejudice my mind in favor of or against the judge by reading the matter when it was pending in another place. It is our duty now, under the rules of the Senate, to proceed immediately with this impeachment. I have heard it rumored around the Senate Chamber that it was possible we might postpone it until the next session. There can be no support found for that, I think, either in reason or in precedent. We owe it to this judge to give him a trial, in order that if he is not guilty he may be acquitted. We owe it to the people of the district over which he presides to give him a trial, in order that if he is guilty he may be removed from office.

Now, the rules of the Senate require us to proceed, and to proceed at once. Mr. President, for one I am going to insist that we shall take up this impeachment case and proceed with it. We have a bill pending here that I do not suppose anyone on this floor expects to become a law. There is little interest taken in it. During this week, when it has been ably discussed here, a good deal of the time there have not been more than six Senators on the other side of the Chamber and frequently not many more than that number on this side. We have discussed it for hours here without a quorum in the Senate. No one has attempted to delay the bill unnecessarily or unreasonably; and here we are confronted with a duty; and I think the dignity and decency of the Senate require us to take up this case and dispose of it at the earliest day possible.

For one I do not intend that a measure of that kind shall interfere

with this hearing, if I can prevent it. We shall be able probably to pass the appropriation bills while we are conducting the case and in the few days that we will have to take in getting ready. We must notify the party who is impeached that he may come here and put in his defense. I suppose he may reasonably ask for a few days to get ready to make that defense. He will probably appear here by lawyers, because the impeaching party will appear here by a commission from the House. I wish to give this note of warning to the Senator who has the statehood bill in charge. I say that measure is of very little consequence compared with the disposition of this case.

For myself, Mr. President, I intend to submit my objections to the admission of Arizona and New Mexico as one State. I expect to submit some objection to the immediate annexation of the Indian Territory to Oklahoma. I should be delighted to vote for the admission of Oklahoma, and I should be delighted to vote for the admission of New Mexico and Arizona as separate States. If the dominant party in the Senate are willing to admit Oklahoma, the Government reserving the right to put on the Indian Territory whenever we think it ought to go on, and are willing to admit New Mexico and Arizona as separate States, I should be glad to join in that effort. I should like to vote for the admission of New Mexico. I think I have voted for its admission at least ten or twelve times in the least twenty-eight years. I think it ought to have been admitted fully fifty years ago.

Mr. PLATT, of Connecticut. Mr. President, I do not know that this is exactly the proper time to discuss the proposed impeachment case. Certainly I think there will be a future time when it will perhaps be more proper to discuss it. In view of what the Senator from Colorado

said, I thought I would not let the moment pass without assuring him that his apprehensions that the case might be continued to another session of the Senate are without foundation. All the expression I have heard from Senators is to the effect that we ought to proceed with it and conclude it.

Mr. TELLER. I was not alarmed about its being continued, for I know that can not be done by law, but that we might decline to proceed to try the case. We would disgrace ourselves before the world if we declined to proceed with it.

Mr. PLATT, of Connecticut. I do not think the Senator need have any apprehension on that point.

IN THE SENATE, January 23, 1905.

Mr. PLATT, of Connecticut. Without displacing the unfinished business, I ask unanimous consent for the reference of the resolution which I send to the Chair.

The resolution was read, and referred to the Committee to Audit and Control the Contingent Expenses of the Senate, as follows:

Resolved, That the expenses incident to the impeachment trial of Charles Swayne, judge for the northern district of Florida, be paid from the contingent fund of the Senate upon vouchers approved by the Sergeant-at-Arms.

IN THE SENATE, January 24, 1905.

At 12 o'clock and 30 minutes p. m. the managers of the impeachment, on the part of the House of Representatives, of Judge Charles Swayne appeared below the bar of the Senate, and the Assistant Sergeant-atArms (Alonzo H. Stewart) announced their presence as follows:

I have the honor to announce the managers on the part of the House of Representatives, to conduct the impeachment against Charles Swayne, judge of the United States district court for the northern district of Florida.

The PRESIDENT pro tempore. The managers on the part of the House will be received, and the Sergeant-at-Arms will assign them their seats.

The managers were thereupon escorted by the Assistant Sergeantat-Arms of the Senate to the seats assigned to them in the area in front of the Chair.

The PRESIDENT pro tempore. The Sergeant-at-Arms will make proclamation.

The Sergeant-at-Arms (D. M. Ransdell) made proclamation as follows:

Hear ye! Hear ye! Hear ye! All persons will keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Charles Swayne, judge of the district court of the United States for the northern district of Florida.

Mr. Manager PALMER. Mr. President.

The PRESIDENT pro tempore. Mr. Manager.

Mr. Manager PALMER. The managers on the part of the House of Representatives are ready to exhibit articles of impeachment against Charles Swayne, district judge of the United States in and for the

northern district of Florida, as directed by the House, in the words and figures following:

ARTICLE 1. That the said Charles Swayne, at Waco, in the State of Texas, on the twentieth day of April, eighteen hundred and ninety-seven, being then and there a United States district judge in and for the northern district of Florida, did then and there, as said judge, make and present to R. M. Love, then and there being the United States marshal in and for the northern district of Texas, a false claim against the Government of the United States in the sum of two hundred and thirty dollars, then and there knowing said claim to be false, and for the purpose of obtaining payment of said false claim, did then and there, as said judge, make and use a certain false certificate then and there knowing said certificate to be false, said certificate being in the words and figures following:

UNITED STATES OF AMERICA,

Northern District of Texas, 88:

I, Charles Swayne, district judge of the United States for the northern district of Florida, do hereby certify that I was directed to and held court at the city of Waco, in the northern district of Texas, twenty-three days, commencing on the twentieth day of April, eighteen hundred and ninety-seven; also, that the time engaged in holding said court, and in going to and returning from the same, was twenty-three days, and that my reasonable expenses for travel and attendance amounted to the sum of two hundred and thirty dollars and cents, which sum is justly due me for such attendance and travel.

CHAS. SWAYNE, Judge.

WACO, May 15, 1897.

Received of R. M. Love, United States marshal for the northern district of Texas, the sum of two hundred and thirty dollars and no cents, in full payment of the above account. $230.

CHAS. SWAYNE.

when in truth and in fact, as the said Charles Swayne then and there well knew, there was then and there justly due the said Swayne from the Government of the United States and from said United States marshal a far less sum, whereby he has been guilty of a high crime and misdemeanor in his said office.

ART. 2. 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 as judge, as aforesaid, the said Charles Swayne was entitled by law to be paid his reasonable expenses for travel and attendance when lawfully directed to hold court outside of the northern district of Florida, not to exceed ten dollars per diem, to be paid upon his certificate by the United States marshal for the district in which the court was held, and was forbidden by law to receive compensation for such services. Yet the said Charles Swayne, well knowing these provisions, falsely certified that his reasonable expenses for travel and attendance were ten dollars per diem while holding court at Tyler, Texas, twenty-four days, commencing December third, nineteen hundred, and seven days going to and returning from said Tyler, Texas, and received therefor from the Treasury of the United States, by the hand of John Grant, the United States marshal for the eastern district of Texas, the sum of three hundred and ten dollars, when the reasonable expenses incurred and paid by the said Charles Swayne for travel and attendance did not amount to the sum of ten dollars per diem.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself and was and is guilty of a high crime, to wit, the crime of obtaining money from the United States by a false pretense and of a high misdemeanor in office.

ART. 3. 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, as aforesaid, was entitled by law to be paid his reasonable expenses for travel and attendance when lawfully directed to hold court outside of the northern district of Florida, not to exceed ten dollars per diem, to be paid upon his certificate by the United States marshal of the district in which the court was held, and was forbidden by law to receive any compensation for such services. Yet the said Charles Swayne, well knowing these provisions, falsely certified that his reasonable expenses for travel in going to and coming from and attendance were ten dollars per diem while holding court at Tyler, Texas, thirty-five days from January twelve, nineteen hundred and three, and six days going to and returning from said Tyler, Texas, and

received therefor from the Treasury of the United States, by the hand of A. J. Houston, the United States marshal for the eastern district of Texas, the sum of four hundred and ten dollars, when the reasonable expenses of the said Charles Swayne incurred and paid by him during said period were much less than said sum.

Wherefore the said Charles Swayne, judge as aforesaid, misbehaved himself and was and is guilty of a high crime, to wit, obtaining money from the United States by a false pretense, and of a high misdemeanor in office.

ART. 4. 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 as aforesaid, heretofore, to wit, anno Domini eighteen hundred and ninetythree, did unlawfully appropriate to his own use, without making compensation to the owner, a certain railroad car belonging to the Jacksonville, Tampa and Key West Railroad Company, for the purpose of transporting himself, his family, and friends from Guyencourt, in the State of Delaware, to Jacksonville, Florida, the said railroad company being at the time in the possession of a receiver appointed by said Charles Swayne, judge as aforesaid, on the petition of creditors.

The said car was supplied with provisions by the said receiver, which were consumed by said Swayne and his friends, and was provided with a conductor or porter at the cost and expense of said railroad company, and with transportation over connecting lines. The expenses of the trip were paid by the_said receiver out of the funds of the said Jacksonville, Tampa and Key West Railroad Company, and the said Charles Swayne, acting as judge, allowed the credit claimed by the said receiver for and on account of the said expenditure as a part of the necessary expenses of operating said road. The said Charles Swayne, judge as aforesaid, used the said property without making compensation to the owner, and under a claim of right, for the reason that the same was in the hands of a receiver appointed by him.

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

ART. 5. That the said Charles Swayne was duly appointed, commissioned, and confirmed as judge of the United States in and for the northern district of Florida, and entered upon the duties of said office, and while in the exercise of his office of judge, as aforesaid, heretofore, to wit, anno Domini eighteen hundred and ninetythree, did unlawfully appropriate to his own use, without making compensation to the owner, a certain railroad car belonging to the Jacksonville, Tampa and Key West Railroad Company, for the purpose of transporting himself, his family, and friends from Jacksonville, Florida, to California, said railroad company being at the time in the possession of a receiver appointed by the said Charies Swayne, judge as aforesaid, on the petition of creditors.

The car was supplied with some provisions by the said receiver, which were consumed by the said Swayne and his friends, and it was provided with a porter at the cost and expense of the railroad company, and also with transportation over connecting lines. The wages of said porter and the cost of said provisions were paid by the said receiver out of the funds of the Jacksonville, Tampa and Key West Railroad Company, and the said Charles Swayne, acting as judge as aforesaid, allowed the credits claimed by the said receiver for and on account of the said expenditures as a part of the necessary expenses of operating the said railroad. The said Charles Swayne, judge as aforesaid, used the said property without making compensation to the owner under a claim of right, alleging that the same was in the hands of a receiver appointed by him and he, therefore, had a right to use the same.

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

ART. 6. 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 approved the twenty-third of July, anno Domini eighteen hundred and ninety-four, the boundaries of the said northern district of Florida were changed, and the city of Saint Augustine and contiguous territory were 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 northern district of Florida and to comply with the five hundred and fifty-first section 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."