Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-03-04
The Trial By impeachment.
By JOSEPH STORY, L. L. D.

When, Then, an officer is known or sus-
pscted to be guilty of malversation in Of
fee, some member of the House of Rep
r0sentatives usually brings forward reso-
luton to accuse the party, or for the ap-
pointnent of 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,
if adverse 20 the party statement Of the
charges and recommends resolution that
he DO impeached therefor. If the resolution
is adopted by the House, a 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 Senate
and to demand, that the Senate take order
for the appearance Of the party to answer
to the impeachment This being accord
ingly done, the Senate signify their willing
ness to take such order, and articles are
chen prepared by Committee, under the
direction of the House of Representatives,
which, when reported to and approved by
the House, are then presented ia the like
manner to the Senate, and committee Of
managers are appointed to conduct the i'm
parchment. As soon as the articles are
thus presented, the Senate issues process,
summoning the party to appear at a given
day before them TO answer the articles
The process is served by the Sergeant-at-
Arms of the Senate, and due return is made
thereof under oath when the return day
Of the process for appearance has arrived,
the Senators resolve themselves into Court
Of impeachment, and the Senators are at
that time, or bsssne, solemnly sworn or af-
6rmed, to do impartial Justice upon the I'M
aeanhmenf acc0fyiing 70 the Constitution
and laws Of the United States. The person
Impeached is then cslledupon to appear and
answer the articles. If be does not appear
in person, or by attorney, his default is re-
corded, and the Senate may proceed ex-
parte to the trial Of tho Impeachment
II he does appear in person, or by attor-
ney, his appearance is recorded. When
the party appears, he is entitled to be fur
nished with copy Of the articles Of COM
plant 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 Represen-
tatiyes to fle replication to the answer in
writing, in substance denying the truth and
validity Of the defence stated in the answer,
and svowing the truth and suficieney of
the charges, and the readiness Of the House
to prove them at such convenient 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 period or
before, adjust the preliminaries and other
proceedings proper to be had, before and at
Che trial By fxed regulations, which are
made known to the House Of Representa-
tives, and to the party accused. On the
day appointed for the trial, the House of
Representatives appear at the bar of the
Senate, either in body, or by the mana
gers elected for that purpose, to proceed
with the trial. On the day of trial, the
parties being ready, the managers to con-
duat the prosecution, open it in behalf Of
the House Of Representatives one or more
of them delivering an explanatory speech
either Of the whole charges, or Of one or
more of them. When the whole evidence
has been gone through with, and parties on
each side have been fully heard, the Senate
then proceeds to the consideration of the
case. If my debates arise, they are con-
Quoted in secret; if none arise, or after they
are ended, day is assigned for final pub
Tic decision BY yeas and nays upon each
separate charge in the article of lmpeach-
ment. When the Court is assembled for
this purpose, the question is propounded to
each member of the Senate by name, 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 q high crime and
misdemeanor az charged in the---article
Of Impeachment Whereupon the mem
Der rises in his place, and answers guilty,
or 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
aeqHittaL and is declared accordingly to be
acquitted by the President Of the Senate.
If ne is convicted Of all, or any of the
articles, the Senate then proceed to fix and
declare the proper punishment