Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-15
IMPEACHMENT TRIALS.
HITLER CONSTITUTIONAL ORIGIN.
By Frederic J. Haskin.

not be the Vice President or the Pres-
dent Pro Tempore. but the Chief JUS
tice of the Supreme Court. No person
can be convicted except with the concur
rence of two-thirds of the members pres
ent.
The only effect a verdict of guilty in an
Impeachment trial can have is to GUST the
impeached official from Office and to dis
quality him to hold any office of honor.
profit or trust under the United States.
But this does not preclude his being
tried and punished for these offe ,seS in
the courts of the land. While the Presi-
dent is vested with power to grant re-
pr!eves and pardOns for all Offenses
against the United States upon which
convictions are secured, the Constitution
expressly inhbits his granting reprievcs
and pardons in cases of impea chment.
When Congress has come to exercise
ITS powers as the organ of impeachment.
the House acting as grand jury and
the trial court. many constitutional ques-
tons have been raised. For instance.
when the Senate was sitting in the case
of President Johnson, there was some
question whether it was sitting as court
or not. The Chief Justice declared that
the Senate. sitting in an impeachment
trial, was different body from the Sen
ate sitting as legislative body. But
the Senate, accepting that statement as
true, still was unwilling to admit that it
resolution declaring that it was sitting as
the Senate and not as court.
:: x
In the Belknap case the question was
| raised whether an Impeachment trial
could be conducted by the
The Belknap Senate in special session.
49, After the matter was put
00e' to the Senate in various
forms it finally decided that while the
presence of the House is not necessary to
an Impeachment trial. proceedings can
go on only while Congress is in session
| When the time for voting came in the
Belknap case there was much contro-
versy concerning the form it should take
The senator's who wanted to vote for his
acquittal did not want to do on the
ground that he was innocent OF the
charges brought against him. but rather
upon the ground that he. having resign
ed before the House voted to impeach
him. no longer civil officer of the
United States, and therefore not i'm
peachable.
A straight vote of guilty mot
guilty is the rule in Impeachment
proceedings would not record the views
of senators. so they decided that when
the presiding officer should call the roll
and ask each senator, 'Mr. Senator
Blank, how say you, is the respondent.
William W. Belknap. guilty or not guilty
of high crime a high misdemeanor as
charged in this artcle?" the senator adj
dressed might rise. answer and give his
reasons. \ majority of the senators gave
their reasons. stating that they consider
ed Belknap a private citizen at the time
of Impeachment and therefore not i'm
peachable Thus it has come about that
resignation before parchment is re-
garded as taking the right of impeach
ment away from Congress.
The Interpretation of the Constitution
with reference to impeachments has been
so strict that it generally
Desire for is conceded that it is
Change. th eS1 Ho u't to vote ,o tn ' im
peach an official of the government. and
even harder yet to. get the Senate to
vote guilty" 1t is this that has led
many to favor some system of recall.
Many constitutional amendments have
been proposed looking to simplification
of the machinery of impea chment, and
some have gone so far as to propose that
the Senate hear Impeachment trials by
committee. and then base it's verdict upon
the findings of the committee as to the
law and the fact. But although such
reputedly great constitutional lawyer as
Senator Sutherland of Utah is the father
of the measure, others say that it would
be a delegation of judicial power, which
the Constitution does not permit.