Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-25
AND SENTENCE UNDER
IMPEACHMENT

The Constitution, section four, article
two, says:
"The President Vice President, and
all civil officers Of the United States shall
be removed from office ON impeachment
for. and conviction of, treason, bribery,
or other high crimes and misdemeanors. "
As the trial Of the President approaches
its close, the press is discussing the res
suit and the mode of arriving at it.
Among other speculations, is one in re-
gard to the power of the court, in the
event of a verdict of guilty, to pretermit
a removal from Office. The section of the
Constitution above quoted concludes the
question A verdict of guilty on either
of the charges alleging a high crime and
misdemeanor, is necessarily followed by
the sentence Of removal The conrt has
no option in regard to that point 1t
may, however, decide whether or not the
penalty Of disqualification to hold Office
shall be part Of the sentence Of removal
The third section of article one, says:
Judgment in cases of impeachment
shall 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
This language is inhibitory merely
Taken in connection with the clause of
section of art specifically refer
ring to the case Of the President, and
which aiixes removal only as the penalty
under conviction, it would seem that the
disqualification is not necessary ingre-
dent Of the sentence, should the trial
now pending terminate in finding of
guilty
Two,thirds of the Senators present
and voting are necessary to convict, but
a question has arisen whether that num-
Der is required to determine any ques-
ton which may involve the character
and degree of the penalty, it being con-
tended that majority is competent for
that purpose. The Constitution is silent
on this point; but it would appear just to
require the concurrence of two-thirds to
decide it, though it would be legitimate
for the court, by majority to adopt a
rule declaring how this should be.
As to the form in which the Senate
proceeds to ascertain and declare YER
dict Story Commentaries discussing the
subject gives the following as the Gus
tomary mode
When the whole evidence has been gone
through, and parties on each side have
been fully heard, the Senate then proceed
to the consideration Of the case. If any
debates arise, they are conducted in secret;
il none arise, or after they are ended, a
day is assigned for final public decision
by yeas and nays upon each separate charge
in the articles Of impeachment. When
the court is assembled for this purpose, the
question is propounded to each member of
the Senate by name, by the President of
the Senate, in the following manner, upon
each article, the same being first read by
the Secretary Of the Senate "Mr. -,
how say you, is the respondent guilty or
not guilty of high crime and INSIDE
meanor, as charged an the -- article Of
impeachment ?" Whereupon the member
rises in his place, and answers guilty, OF
not guilty, as his opinion is. If upon no
article two-thirds Of the Senate decide
that the party is guilty, he is then entitled
TO an acquittal, and ia declared accordingly
TO be acquitted by the President of the
Senate IL he ia convicted Of all or any
Of the articles, the Senate then proceed to
lix and declare the proper punishment.