The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-03-06
The Trial by Impeachment.

| SORTS 10 othef proceedings.
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The Trial by Impeachment.
Since the occurrence of the difficulty be-
tween the President and Congress, and the
resolve of the House of REPRESENTATIVES TO
impeach him of high crimes and misdcnean-
ors, much anxiety appears TO be felt in
many quarters as to how the trial is to pro-
coed. That those of our readers who are
anxious to know may have the opportunity
of informing themselves we give below
the mode of trial, as decided by the late Judge
story in his commentaries on the Constitu-
ton Of the United States. Under the Consti-
ton and laws of the United States, an able
law-wrlter describes an impeachment Ito be
a written accusation by the House of Repre-
sentativcs Of the United States to the Senate
OF the United States against an officer
The presenment, OF written accusation, is
callcN impeachment.
The second section of the first article of the
Constitution declares that the House of Rep
resi- natives shall have the sole power of i'm
parchment, and the Senate shall have the sole
power to try all impeachments. This power
of trial by the Senate is given by section
third OF the same article. The persons liable
10 Impeachment are the President Vice Pres
ident and all civil officers of the United
States. In 1900 the Senate, by vote of IA
to II, declared that a United States Senator
was not civil officer within the purview
OF this section of the Constitution, and there
fore could not be proceeded against by i'm
parchment.
The offences for which guilty officer may
be impeached are treason, bribery and other
high crimes and misdemeanors The Con-
stitution defines the crime of treason, but of
no other Of the offences mentioned in the
third section of the third article Therefore
Judge Story says that resource must be had
to the common law for the definition of bri-
berry. Not having particularly mentioned
| what is TO be understood by other high
crimes and misdemeanors," the same learned
Judge says:
Resort, it is presumed, must be had to
parliamentary practice and the common law,
| IA oiNANi w uSNSi'aih Nllut tltN are.
The proceedings on the trial are conducted
substantially as they are upon common Judi
cal trials If debates arise among the Sena-
tors they are conducted in secret, and the f.
nal decision is given by yeas and nays; but no
| person can be convicted without the concur
renee Of two-thrds of the members present
When the President is tried, the Chief JUS
tice of the United States Supreme Court pre-
sides. The Judgment in cases of impeach-
ment, does not extend further than to removal
from Office and disqualification to hold and
enjoy any office of honor, trust or profit
under the United States. Judge Story gives
the following as the mode Of proceeding in
trials by impeachment He says:
When, then, an officer is known or suspect
ed to be guilty Of malversation in Office, some
member of the House of Representatives usu-
ally brings forward q resolution to accuse the
party, oI fol- the appointment Ola Committee,
to consider and report upon the charges laid
against him. The latter is the ordinary
course and the report of the Committee
usually contains ifadverse to the party, a
statement Of the charges and recommends
resolution that he be impeachcd therefor If
the resolution is adopted by the House,
Committee is then appointed to impeach the
party at the bar of the Senate, and to state
that the articles against him will be exhibited
in due time, and made good before the Sen
ate, and to demand that the Senate take or
der for the appearance of the party to answer
to the impeachment. This being according
ly done, the Senate signify their willingness
TO take such order, and articles are then pre-
pared by Committee, under the dire ction of
| the House of Representatives, which, when
| pOpte1 IN on1 nt,1rpvp1 hy thn Hpnsa orn
then presented in the like manner TO the
Senate, and committee of managers are APP
| pointed to conduct the impeachment. As
soon as the articles are thus presented, the
Senate issues process, summoning the party
to appear at given day before them to an
swer the articles. The process is served by
the Sergeant-at-A Of the Senate and due
return is made thereof under oath when the
return day of the process for appearance has
arrived, the Senator's resolve themselves into
a Court of Impeachment, and the Senators
are at that time, or before, solemnly sworn or
affirmed, to do impartial justice upon the I'M
parchment, according to the Constitution and
laws of the United States The person i'm
peached is then called upon to appear and an
swer the articles. If he does not appear in
person, or by attorney, his default is recor-
ded, and the Senate may proceed eX parte to
the trial of the impeachment. If he does APP
pear in person, or by attorney, his appear
ance is recorded. When the party appears,
he is entitled to be furnished with a copy of
the articles of complaint and time is allowed
him to prepare his answer thereto. When
the answer is prepared and given in, the next
regular proceeding is for the House of Rep
resentatives to file a replication to the answer
in writing. in substance denying the truth
and validity of the defence stated in
the answer and avowing the truth
and sufficiency of the charges, and the readi-
, ness of the House to prove them at such con-
venient time and place as shall be applied for
that purpose by the Senate. A time is then
} assigned for the trial, and the Senate, at that
7 period or before, adjust the preliminaries lnd
other proceedings proper to be had, before
and at the trial, by fixed regulations which
. are made known to the House Of Representa-
tiEea, and to the party accused On the day