Evening star., 1926-04-27
BACKGROUND OF EVENTS
BY PAUL y. COLLINS.

rates on coal bought in speculation
by parties in partnership with Judge
Archibald. The defense sought to
limit the impeachment power to such
offenses only as were indictable,
which would have established such
narrow limits as to include within the
meaning Of the terms high crimes
and misdemeanors' only such acts
Of misconduct which amounted 10
crime"
Senators Root and Lodge held that
acts of misbehavior were to be con-
strued as high crimes and misde-
meanors," although no crime could
be proved. SO did very decided ma
jority Of the Senate.
The common phrase used in
charges in impeachment cases is the
accusation of high crimes and mis-
demeanors' What are high crimes
and misdemeanors." especially in acts
apart from the responsibilities OF the
office held by the accused?
In a footnote to Blackstone tp.
S, Lewis Ed.). Christian says, The
word crime has no technical mean
ing. but the words high
crimes and misdemeanors' are used
merely to give greater solemnity to
the charge"
AS applied to civil officers "nlisde-
meanor" signifies maladministratton
or misbehavior in Office, irrespective
of whether such conduct is or is not
indictable.
In all impeachments the House acts
as accuser, the Senate as the trial
court.
Aside from Federal officials. there
have been cases of impeachment OF
State officers, notably the conviction
and removal of Gov. Sulzer of New
York, in 1913, upon the broad grounds
that he had shown himself generally
unfit, by offenses committed not while
in office, but prior to his election, un-
exposed until after he had become
governor. Hence it is generally ac-
cepted that impeachable onenses may
be entirely apart from the particular
duties of the Office held by the ac-
cused, or may even antedate his IN
cumbency of any Office.
The penalty is removal from ofhce
and disqualification from ever again
holding an office of trust.
Conviction under impeachment does
not bar subsequent indictment in the
criminal courts. if the offenses are
shown to be statutory. No impeach-
ment can hold after the accused has
ceased to be in office, for there is no
penalty beyond removal and disQuali-
fication from again holding any Of
flee of trust, except under statutory
prosecution Of crime in ordinary court
procedure.
The demonstration of the successful
removal of Judge Archibald, in 1913,
has been used to combat the political
demand of power to recall judges by
popular vote; they may be impeached
instead of q political recall. if found
unfit; otherwise they hold Office dur
ing good behavior" Thomas Jeffer-
son argued that "a judge independent
of king or executive, alone. is q
good thing, but independence OF the
will of the Nation is a solecism. at
least, in q republican government"
X X " X
The most notable crime OF a public
man since the foundation of the Gov
ernment under the Constitution was
| that Of, Aaron Burr, who had come
| within one electoral vote of being
| President of the United States, tying
| with Thomas Jefferson. The election
was decided in the House. resulting
in making Jefferson President and
| Burr Vice. President. Later. he fall
| ed to be renominated and was defeat
! ed also for Governor of New York,
largely through the opposition Of Alex.
ander Hamilton. He killed Hamilton
in a duel, growing out Of political
bitterness, and he was indicted for
murder. Later he formed a con-
spiracy to disrupt the Union, and was
| arrested and tried for treason, hit
| that was in the court, not nnder i'm
| peachment, for at the time OF his
crimes he held no Office. If either
! the Hamilton murder or the treason
hnd
would have been both impeached and
| indicted.
lCopyright. 1926. by Paw, ". Colllnsl