would ever take place. And if a simple majority were sufficient there would be danger, in times of high party excitement, that the person impeached might be unjustly convicted. 81. When the President of the United States is tried, the Chief Justice of the Supreme Court presides; because the Vice-President, from a possible desire to succeed to his office, might be tempted to employ his position as President of the Senate to procure his conviction. And the Chief Justice thus presiding is a constituent member of the court, and has a right to vote as such. Judgment in Cases of Impeachment. 82. Judgment in cases of impeachment 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. The party convicted is, nevertheless, liable and subject to indictment, trial, judgment, and punishment, according to law. 83. By confining the judgment of the Senate to removal from, and disqualification to hold office under the United States, the Constitution has wisely prevented those excessive punishments, which political resentment, warping the sense of justice, might inflict. Politically, the offender is punished by the judgment of the Senate: criminally, he is punished by the courts of justice according to the rules and principles of law. Thus the President, convicted of treason on impeachment before the Senate, would be removed from, and might also be disqualified to hold office under the United States. But on trial and conviction for the same offence in the courts of law he would be sentenced to death, that being the penalty. Persons liable to Impeachment. with 84. The persons liable to impeachment, as we have already observed, are the President and VicePresident, and all civil officers of the United States; and the offences for which they may be impeached are treason, bribery, or other high crimes and misdemeanors. 85. Officers of the army and navy, not being "civil officers," are not liable to impeachment. They are, however, subject to trial and punishment according to the laws and usages of war. It is thought, too, that members of Congress are not liable to impeachment, because, though members of the government, they do not derive their appointment from it, but from the states, or the people of the states. 86. Treason against the United States consists only in levying war against them, or in adhering to L their enemies, giving them aid and comfort. Bribery consists in giving or receiving a reward by any civil officer of the United States, as an inducement for acting contrary to his duty. In determining what are high crimes and misdemeanors," resort is had to the common law. Mode of Procedure. 87. The usual course of proceeding in a case of impeachment is substantially as follows: The House of Representatives having investigated the charges laid against the accused, and become satisfied that they are well-founded, present articles of impeachment or accusation to the Senate, who thereupon summon the party to appear on a designated day and answer. 88. If he does not appear in obedience to the summons, the Senate may try the impeachment in his absence. If he does appear, he is furnished with a copy of the articles, and time is allowed him to answer them. The House reply in writing to this answer or defence, and state their readiness to prove the charges they have preferred. The impeachment is conducted on the part of the House by a committee of managers, and counsel are allowed the accused. The trial proceeds according to the rules of law and parliamentary usage. THE ELECTION OF SENATORS AND REPRE- Power of Congress respecting. 89. The times, places, and manner of holding elections for Senators and Representatives must be prescribed in each state by the legislature thereof; but Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. 90. It is obviously important that Congress should possess the power to regulate elections in the points. mentioned, in order to guard against the negligence or wilful omission of a state to make any regulation at all, as well as to secure a uniformity of election in all the states, should the want of such uniformity occasion confusion or inconvenience. 91. Until a very recent period the states were left to regulate all the particulars of elections for Senators and Representatives in their own way, without the interposition of Congress. In several of the states the Representatives were chosen by a general ticket for the whole state; in other states they were chosen singly in districts. But now, in consequence of an Act of Congress passed June 25, 1842, Repre sentatives are elected by districts, equal in number to the number of Representatives to which the state is entitled, and each of these districts elects one Representative. [See Act of Congress, July 14, 1862, which provides that members of the House of Representatives shall be elected by single districts.] 92. There is still, however, great diversity in the time and mode of elections. In some of the states the candidate must receive a majority of all the votes in order to be elected; in others a plurality is sufficient. In one or two of the states the choice is made viva voce, though generally by ballot. The times of elections, too, are very various. It should be observed that when neither the legislature of a state nor Congress have prescribed the times, places, and manner of holding elections, the executive authority of such state may, in case of a vacancy, in his writ of election, fix the time and place of election. 93. Though Congress cannot alter, or make regulations, as to the place of choosing Senators, they may prescribe the times at which the choice shall be made. The exception as to place was made because the Senators are elected by the state legislatures, whose place of meeting is always at the state capitols or seats of government, unless accidental circumstances should render it necessary for them to convene elsewhere, and of this they are the proper judges. |