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office, be carried to the Senate by the managers appointed to conduct said impeachment." And the Clerk was directed to inform the Senate of the appointment of said managers, and of the last-mentioned order of the House (p. 596).

A message was received from the Senate informing the House of the time at which it would resolve itself into a court of impeachment, when it would receive the managers appointed to exhibit the articles of impeachment (p. 603).

The managers having carried said articles to the Senate, made report of the fact to the House (p. 605).

The Senate notified the House of its issue of summons to Judge Peck (p. 606), and of its order that he file his answer and plea with its Secretary by a certain day (p. 625).

The House resolved that it would, on the day above named, "and at such an hour as the Senate shall appoint, resolve itself into a Committee of the Whole House and attend in the Senate" on the trial of the said impeachment (p. 714).

The Senate on the same day notified the House "that it was ready to proceed upon the impeachment of James H. Peck, judge, etc., in the Senate Chamber, which chamber was prepared with accommodations for the reception of the House of Representatives (p, 717).

Thereupon the House resolved itself into a Committee of the Whole House, and proceeded to the Senate in that capacity. Having spent some time therein, they returned into the chamber of the House, and the Speaker having resumed the chair, the chairman of the Committee of the Whole reported the proceedings which had taken place, and that the Senate, sitting as a high court of impeachment, had adjourned to meet at the next session (p. 717).

At the next session (2, 21) Mr. Buchanan, from the managers, reported to the House a replication to the answer and plea of Judge Peck, which was agreed to by the House; and the said managers were instructed to maintain the same at the bar of the Senate, and the Senate were informed thereof (pp. 47, 48).

The Senate notified the House of their readiness to proceed to trial (p. 52), and the House resolved that from day to day it would resolve itself into a Committee of the Whole, and attend the same (p. 97).

Subsequently the House resolved that the managers be instructed to attend the trial, and that the attendance of the House be dispensed with until otherwise ordered (p. 141),

The managers having announced that the testimony had closed (p. 175), the House resolved that during the argument of counsel it would, from day to day, attend in the Senate (p. 186).

The report of the final action of the Senate in the case, made to the House by the chairman of the Committee of the Whole (p. 236).

[The rules of proceedings of the Senate in cases of impeachment will be found in "Trial of Judge Peck," pp. 56 to 59.] For further information on the subject of impeachment, see "Chase's Trial," and "Trial of Judge Peck."

The following is a list of impeachment cases prosecuted in the Congress of the United States.

First. William Blount, a Senator of the United States from Tennessee. Violation of the neutrality laws of the United States.

Second. John Pickering, district judge, New Hampshire, 1803-'04. Malfeasance in office, viz, imprisonment of an attorney for an alleged contempt of court, in this: reviewing in a newspaper a decision of the judge.

Third. Samuel Chase, associate justice of Supreme Court United States, 1804-705. Malfeasance in office. (Chase's Trial.)

Fourth. James Peck, United States district judge for Missouri, 1826-31. (Peck's Trial.)

Fifth. West W. Humphreys, United States district judge for Tennessee. Advocating secession, and giving aid and comfort to the rebellion. December 29, 1860. (See Congressional Globe, 2, 37, vol. 3, No. 44.)

Sixth. Andrew Johnson, President of the United States. Fortieth Congress, 1868.

Seventh. William W. Belknap, Secretary of War. First session Forty-fourth Congress.

INDEFINITE POSTPONEMENT.

(See Postpone, Motion to.)

INDEXES.

The Clerk shall, as soon after the close of each session as possible, complete the printing and distribution to Members and Delegates of the Journal of the House, together with an accurate index.-Rule III, clause 3.

An index of the acts passed at each session of Congress shall be prepared under the direction of the Department of State.-Stats. at Large, Vol. 18, p. 401.

The Clerk of the House and Secretary of the Senate are directed to procure and file, for the use of their respective Houses, copies of all reports made by each committee of all succeeding Congresses, and at the close of each session of Congress to cause said reports to be indexed and bound, one copy to be deposited in the library of each House and one copy in the room of the committee from which the reports eminated. Stats. at Large, Vol. 24, p. 346.

On the 18th of June, 1878 (second session Forty-fifth Congress), the House adopted the following preamble and resolution, viz:

Whereas the records of the proceedings of Congress have become so extensive that ready reference to any matter contained in them is almost impossible, and the want of uniformity in the method of indexing the various volumes renders inaccessible much information that is valuable; and

Whereas the business of legislation would be greatly aided and expedited by a proper index of the Journals: Therefore,

Be it resolved, That there shall be prepared, under the direction and supervision of the Committee on Rules, a general index of the Journals of Congress.

Resolved, That the Committee on Rules are authorized to select and employ a proper person to prepare such general index, at a compensation not to exceed $2,500 per annum, to be paid out of the contingent fund of the House for the ensuing fiscal year, and to be under the direction of the Committee on Rules as the prosecution of the work proceeds.

Subsequently an assistant to this clerk was provided. Still later, by the act approved February 26, 1889, provision was made for eight assistant index clerks, to be appointed by the Committee on Rules.-Stats. at Large, vol. 25, p. 709. Provision for the payment of these clerks was annually made in the legislative appropriation bill until the second session Fifty-first Congress, when, the work being still uncompleted, the appropriation was discontinued.

It devolves upon the Clerk's office, under the usage, to prepare indexes to "Executive Documents," "Miscellaneous Documents," "Reports of Committees," "Reports of Court of Claims," "Bills and Joint Resolutions," etc.

INDIAN AFFAIRS, COMMITTEE ON.

(See Committees.)

INDIAN DEPREDATION CLAIMS.

Jurisdiction of, conferred on Court of Claims.-See Ante, p. 298.

INQUIRY, RESOLUTIONS OF.

(See Resolutions.)

INSTRUCTIONS TO COMMITTEES.

It shall be in order, pending the motion for or after the previous question shall have been ordered on its passage, for the Speaker to entertain and submit a motion to commit, with or without instructions, to a standing or select committee.— Rule XVII, clause 1. But it has been held that a division of the question is not in order on such a motion.-Journal, 1, 31, pp. 1307, 1395; 1, 32, p. 11.

A motion to commit may be amended by adding instructions to the committee.-Journal, 2, 47, p. 1724.

A motion to commit or refer with instructions to report a certain amendment is not in order if the proposed amendment is not in order to the pending bill.-Journal, 1, 48, pp. 1247, 1248.

A motion to commit under clause 1, Rule XVII, with or without instructions, is subject to amendment under Rule XIX, unless precluded by ordering the previous question on the motion to commit.-Journal, 1, 48, p. 1430.

Where a committee has failed to report a resolution of inquiry within one week after its reference, as required by clause 5, Rule XXII, a motion instructing said committee to report the same within a given time is in order as presenting a "privileged question.”—Journal, 1, 49, p. 1420.

Where the House has by resolution instructed the Committee on Appropriations to report a certain provision in an appropriation bill, which without such instructions, would be out of 5585- -26

order, such provision when reported is not subject to a point of order that it changes existing law, or is otherwise in conflict with the rules of the House.-Congressional Record, 1, 50, p. 7057; 2, 52, p. 1306.

Pending the consideration of the report of a conference committee it is in order to instruct the conferees on the part of the House respecting any matter in dispute between the Houses.— Congressional Record 1, 49, p. 7404. But where the House has taken action on the matter reported, as by insisting on its disagreement asking a further conference and appointing conferees, the subject is no longer before the House and it is then too late to move an instruction to the conferees.-Ibid., p. 7405.

The motion to insist, etc., takes precedence over the motion to instruct, but instructions to conferees are in order after the House has insisted and asked or agreed to a further conference and before the conferees are appointed.-Congressional Record, 1, 49, p. 7598.

It is not in order to instruct conferees to insist on a proposed amendment inconsistent with the text upon which both Houses have agreed.-Congressional Record, 2, 51, pp. 3610, 3611.

(See Commit; Recommit.)

INTEREST, DISQUALIFYING.

No Member shall vote on any question if "he has a direct personal or pecuniary interest in the event of such question.”— Rule VIII, clause 1. Where proposed legislation affects a class as distinct from individuals, it has always been held that a Member has a right to vote.-Journal, 1, 43, pp. 771, 772.

It is for the Member himself and not for the Chair to decide as to his right to vote in a particular case.-Congressional Record, 2, 44, p. 2132.

The fact that a Member is in custody of the Sergeant-atArms under a warrant issued during a call of the House, and is awaiting the action of the House on his own case, does not disqualify him from voting on a motion to excuse another Member who is in the same situation with himself.-Congressional Record, 1, 52, p. 4181.

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