On 23 March, the court of impeachment con vened and the reply of the President was read by his counsel. He denied any intention of violating the Constitution, or of attempting to bring Congress into disgrace or to ridicule it. Testimony was taken and then the arguments of the attorneys were filed. Party excitement and passion ran high, and on 16 and 26 May, after a long trial, the Senate by a vote of 35 to 19 decided that he was guilty of the princi pal charges. This lacked one vote of the two thirds majority necessary for conviction. (The court then adjourned sine die by a vote of 34 to 16). The necessary two-thirds was not ob tained, largely because some of the leaders in the Senate feared that conviction might result in the permanent subordination of the executive to Congress. Seven Republican senators voted against conviction. The failure to convict was a public advantage, but the President did not win with dignity— for even while the trial was in progress he traveled about, making passion ate speeches against Congress.
Charles Swajme, United States district judge for the northern district of Florida, was im peached on 24 Jan. 1905, under 12 charges, but was acquitted on 27 Feb. 1905.
The last instance of a Federal impeachment was that of Judge Robert W. Archbold, of the Commerce Court, who, on 13 Jan. 1913, on five out of 13 charges of high crimes and mis demeanors while in the discharge of his judi cial duties, was found guilty by the United States Senate sitting as a high court of im peachment, and was sentenced to removal from office and disqualified forever for any office of honor, trust or profit under the government.
The most prominent recent case of State (Commonwealth) impeachment was that of Gov. William Sulzer of New York, in 1913. In this case, for the first time, was raised the question whether a public officer is liable to im peachment for acts committed by him before the beginning of his term of office. On 16 October the court of impeachment, including members of the Senate and the judges of the Court of Appeals, found Governor Sulzer guilty of three of the eight charges (by a vote of 50 to 1), and voted to remove him from of fice, but did not prevent him from holding future office.
Bibliography.—American Law Register (March 1867) ; 'Annals of Congress' 8th Congress, first session (pp. 315-368) ; Appleton, 'Annual Cyclopedia' (1868-76) ; Benton, 'Abridgment of Debates' (Vols 10 and 11) ; 'Congressional Globe,' 37th Congress, second session; Dewitt, and Trial of Andrew Johnson' ; Foster, 'Commentaries on the Constitution of the U. S.' ; Hildreth, 'His tory of the Untied States' ; Reports of Committees 37th Congress, second session; Lalor, 'Cyclopedia of Political Science' (Vol. II); Moore, 'History of Congress' • Papers of American Historical Association' (Vol. IV, pp. 145-177); Pomeroy, Constitutional Law' ; Wharton, 'State ; North American Re view (April 1905) ; American Year Book (1913).