Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
The punishment which the senate may inflict in case of conviction is
limited to removal from office and disqualification from holding office
in the future. The Constitution makes it mandatory upon the senate to
remove the convicted official, but whether he shall forever be
disqualified from holding office in the future is left to the
discretion of the senate. In England the House of Lords, which tries
impeachment cases, is not limited in the extent of punishment which it
may inflict, but may, at its discretion, sentence the convicted official
to imprisonment or the payment of a fine. While the senate of the United
States cannot do this, the person convicted and removed may,
nevertheless, be indicted and tried by the courts as any other criminal
may.
The procedure of removing an officer by impeachment is so cumbersome and
unwieldy that it has rarely been resorted to. During our entire history
there have been only eight impeachment trials of federal officers, and
of these there were convictions in but three cases.[30] If this were the
only method of removal it would be difficult to get rid of corrupt and
incompetent officials, but it must be remembered that any federal
official except the judges may be removed from office by the President
for any reason that to him seems fit and proper; and the power is
frequently exercised.
[30] The first was that of Judge John Pickering of the United States
District Court of New Hampshire, March, 1803. The second was that of
Judge Samuel Chase, of the Supreme Court, March, 1804. James H. Peck,
District Judge of Missouri, was impeached in April, 1830; West H.
Humphreys, District Judge of Tennessee, May, 1862; Andrew Johnson,
President of the United States, February, 1868; William W. Belknap,
Secretary of War, March, 1876; Charles Swayne, Judge of the United
States District Court for Florida, 1905; and Robert W. Archbald, Judge
of the Court of Commerce, 1912. Of these, Pickering, Humphreys, and
Archbald were convicted and removed from office, while Humphreys and
Archbald were in addition disqualified from holding federal office in
the future. Belknap resigned before impeachment charges were preferred,
but the senate decided that it had jurisdiction, nevertheless, and the
trial was proceeded with only to result in his acquittal.
=References.=--ANDREWS, Manual of the Constitution, pp. 47-68. BEARD,
American Government and Politics, chs. xii-xiii. BRYCE, The American
Commonwealth (abridged edition), chs. ix-xii. HARRISON, This Country of
Ours, ch. ii. HART, Actual Government, ch. xiii. HINSDALE, American
Government, chs. xvii-xxiii. WILSON, Congressional Government, secs.
1273-1293.
=Documentary and Illustrative Material.=--1. Copy of the Congressional
Directory. 2. Copies of the Congressional Record. 3. A map showing the
Congressional districts of the state.
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