power is, that the exercise of judicial functions by a legislature, contravenes that principle in our government which requires a separation of the legislative and judicial powers. It is proper, therefore, to consider some of the reasons why the constitution has, in this particular instance, taken this power from the national judiciary, and given it to the legislature.

§ 231. First, offences which are subject to trial by impeachment, consist in the violation of a public trust. They are in their nature different from those which are investigated in courts of law. They are generally of a political character, and can be better judged of by the senate, whose members, it is presumed, have a more intimate knowledge of political duties. Another reason is, that, after conviction and punishment for his political misdemeanor, the offender is still liable to prosecution and punishment in the ordinary course of law; and it would be improper to make the same persons judges in both cases. An error in the first decision, would be almost certainly followed by error in the second. Thirdly, the judges themselves may be the persons impeached; and all must see the impropriety of authorizing a court composed of so few persons to try any of its own members.

§ 232. The requirement of an oath or affirmation is universally esteemed of so much importance in securing justice in trials by jury, that none will question its propriety in a trial of impeachment, where the members of the court act as jurors as well as judges. An oath is a solemn appeal to God to bear witness to the truth of what is declared. An affirmation is the simple declaration of a fact. When falsely made in a court of justice, it is made punishable, however, in the same degree as false swearing.

233. There is good reason why the vice president should not preside in a trial of the president. He might be induced to use improper influence in attempting to procure a conviction of the president, as, in that event, the vice president succeeds to the office.

§ 234. In trials by jury, all the jurors must agree in or

the senate? §231. Why is it not given to the judges? § 232. What is an oath? An affirmation? § 233. Why ought not the vice president to preside when the president is tried? § 234. Why are two

der to conviction; but in a trial by so numerous a body, unanimity is hardly to be expected in the clearest cases of guilt. And as a bare majority might easily be obtained by improper influence upon some one or two of the members, a majority of two thirds would seem to be the proper proportion of the body required to concur in an opinion of the guilt of the accused.

§ 235. "Judgment, in cases of impeachment, shall not "extend further than to removal from office, and disqualifi"cation to hold and enjoy any office of honor, trust, or profit, “under the United States. But the party convicted shall, "nevertheless, be liable and subject to indictment, trial, "judgment, and punishment, according to law."-Art. 1, sec. 3, cl. 7.

§ 236. As the power of impeachment is intended to punish political offences, removal from office, and entire exclusion from office in future, is sufficient punishment, provided the offender be left subject to the penalty of the law as an of fender against the peace of the community.

CHAPTER VI.

Elections-Meetings of Congress-Powers and Privileges of both Houses-Passing Bills.

§ 237. "The times, places, and manner of holding elec❝tions for senators and representatives, shall be prescribed "in each state by the legislature thereof; but the congress 66 may at any time, by law, make or alter such regulations, "except as to the places of choosing senators."-Art. 1, sec. 4, cl. 1.

§ 238. There can be no impropriety, in ordinary cases, in permitting the states to regulate the elections of their representatives as convenience may require; and congress has not hitherto exercised the power reserved by the national

thirds of the senators required for conviction? § 235. How far does judgment extend in case of conviction?

§ 237, 238. Why is the power reserved to congress to make or alter

government, of interfering with the regulations of any state on this subject. But to have given to the state legislatures exclusive power of regulating elections for the national government, would have left the existence of the union at their mercy; for, by neglecting to provide for electing persons to administer its affairs, the government would be destroyed.

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§ 239. "The congress shall assemble at least once every year, and such meeting shall be on the first Monday in "December, unless they shall by law appoint a different "day.”—Art. 1, sec. 4, cl. 2.

§ 240. The interests of the people would seem to require the attention of congress as often, at least, as once in a year; and an express constitutional provision to this effect is necessary, as congress, moved by improper considerations, might postpone its meetings beyond the proper time, and thus cause much injury to the citizens. The place of meeting is not fixed by the constitution; and congress has by law provided, that when, from the prevalence of contagious sickness, or from other circumstances, it would be dangerous to the health of members to meet at the place to which congress shall stand adjourned, the president of the United States may, by proclamation, convene congress at such other place as he may judge proper.

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§ 241. "Each house shall be the judge of the elections, 'returns, and qualifications of its own members; and a ma"jority of each shall constitute a quorum to do business "but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent "members, in such manner, and under such penalties, as "each house may provide."—Art. 1, sec. 5, cl. 1.

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§ 242. The right here granted to judge of the elections and qualifications of members, was intended to preserve a pure representation, by enabling congress to close the door against all persons unlawfully claiming a seat. It sometimes happens, that, in consequence of some alleged unfair. ness or irregularity in the election or return of a member,

the state regulations concerning elections? § 239, 240. Why is con. gress required to assemble once a year? § 241, 242. Why is each house constituted the judge of the elections, &c., of its members?

his seat is claimed by an opposing candidate. In such a case, the house institutes an investigation, and decides which of the claimants is entitled to the seat.

§ 243. Quorum, in its common acceptation, means such a number of officers or members as is by law or the constitution declared competent to transact business. It would be impolitic to allow a number less than a majority to pass laws for the nation; and, unless a smaller number had power to adjourn from day to day, and to compel absent members to attend, the business of legislation might be arrested.

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§ 244. "Each house may determine the rules of its pro'ceedings, punish its members for disorderly behavior, and, "with the concurrence of two thirds, expel a member." Art. 1, sec. 5, cl. 2.

§ 245. Without some rules to govern its deliberations, no legislative body could transact business with order or despatch; and, without power to enforce obedience to these rules, they would be useless. Some restraint, however, upon the exercise of this power, was deemed necessary to prevent its abuse. Two thirds will not be likely to concur in expelling a member, unless the case plainly demands it. A member may be expelled for a misdemeanor committed elsewhere than in the house to which he belongs. From the power to punish members for disorderly behavior, congress has inferred and exercise the power of punishing for contempt other persons than its own members.

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§ 246. "Each house shall keep a journal of its proceed. ings, and from time to time publish the same, excepting "such parts as may in their judgment require secrecy: and "the yeas and nays of the members of either house, on any “question, shall, at the desire of one fifth of those present, "be entered on the journal.”—Art. 1, sec. 5, cl. 3.

§ 247. The above provisions are intended to keep the people informed of what is done by their representatives. By publishing the yeas and nays, the vote of every member is made known, and a perfect accountability to his constit uents ensured. But to prevent a needless waste of time in

§ 243. What is a quorum? Why is a majority required? § 244, 245. What power has each house to enforce obedience to its rules? § 246. What is provided in relation to keeping a journal? § 247. What is

recording the yeas and nays on unimportant questions, at the pleasure of a single member, it may be dispensed with, unless requested by one fifth of the members present.

$248. Besides the number of copies of the public journals usually printed, there are printed several hundred copies, of which twenty-five are to be deposited in the library of congress, for the use of the members during any session, and all other persons authorized by law to use the books in the library. As many other copies are transmitted to the executive of each state and territory, as are sufficient to furnish one copy to each branch of such state or territorial legislature; and one copy to each college and incorporated historical society in each state. The residue are deposited in the library of the United States, subject to the future disposal of congress.

§ 249. The printing for congress, as it regards the manner and prices of the work, is regulated by law. Before the close of each congress, as the practice has been, a printer is chosen by each house, to execute its work during the next congress. The person elected is required to give a bond, with sureties, to the secretary or clerk of the house, for the prompt and faithful execution of the work.

§ 250. For the due publication of the laws among the people at large, as many newspapers, in the different sections of the union, as are deemed necessary for this purpose, are designated by the proper authority; in which newspapers, the laws enacted at each session of congress are published. These laws are also published in the form of books or pamphlets, and a sufficient number of copies sent to each state to furnish one copy to every town clerk, to be kept in his office for the use of the inhabitants of the town. Thus every citizen may become acquainted with the laws.

§251. "Neither house, during the session of congress, "shall, without the consent of the other, adjourn for more "than three days, nor to any other place than that in which "the two houses shall be sitting."—Art. 1, sec. 5, cl. 4.

the object of publishing the proceedings of a legislature? § 248. What distribution is made of the public journals? § 249. How is the printing of congress regulated? § 250. What provision has been made for publishing the laws of congress? § 251. To what time are adjourn