Emendations to the Senate Journal
[20 Feb. 1798]
The house having agreed to so much of the amendment reported by1 the commee as proposed to strike out the 4th. section of the bill and proceeding to the question for inserting agreeably to the residue of the said amendment the following words to wit2
MS (DNA: RG 46, Senate Records, 5th Cong. 2d sess.); in TJ’s hand except for one emendation (see note 1 below); with date supplied from endorsement; endorsed in Samuel A. Otis’s hand: “Vice President amends the Journal of Feb 20th 1798 L. 5th Cons 2d Sess.” Rough Journal (same); with text above appearing as emendation in Otis’s hand (see note 2 below).
TJ drafted this introduction to a proposed amendment to the 4th. section of the bill “regulating certain proceedings in cases of impeachment,” originally presented by Humphrey Marshall, to amend an incomplete entry in the Rough Journal of the Senate. This part of the bill included procedures for summoning the impeached party to appear before the Senate. The amendment added language on the execution of the subpoena and provided that “should the party fail to appear, the Senate may notwithstanding proceed to trial and judgment.” It was defeated by a 6 to 18 vote, with Joseph Anderson requesting a record of the vote (JS description begins Journal of the Senate of the United States, Washington, D.C., 1820–21, 5 vols. description ends , 2:443; [Humphrey Marshall], A Bill Regulating Certain Procedures in Cases of Impeachment [Philadelphia, 1798], 2). TJ’s emendation appears again in the Rough Journal to introduce an amendment to the sixth section of the bill which dealt with the oath to be administered to the senators. This amendment was also defeated and the bill failed to receive a third reading (JS description begins Journal of the Senate of the United States, Washington, D.C., 1820–21, 5 vols. description ends , 2:443).
1. Preceding two words interlined in Otis’s hand in place of “of.”
2. This entire passage is inserted in the Rough Journal in place of “On motion by Mr. Anderson to adopt this report & to amend the bill as follows.”