History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
This, however, was to encounter far greater evils than it avoided. If
paid by their States, the members of the national legislature would
not only receive different compensations, but they would be directly
subjected to the prejudices, caprices, and political purposes of the
State legislatures. Whatever theory might be maintained with respect
to the relations between the representatives, in either branch, and
the State in which they were chosen, or the people of the States, to
subject one class of public servants to the power of another class
could not fail to produce the most mischievous consequences. A large
majority of the States, therefore, decided upon payment out of the
national treasury,[186] and it was finally determined that the rate
of compensation should not be fixed by the Constitution, but should be
left to be ascertained by law.[187]
Among the separate functions assigned by the Constitution to the
houses of Congress are those of presenting and trying impeachments. An
impeachment, in the report of the committee of detail, was treated as
an ordinary judicial proceeding, and was placed within the
jurisdiction of the Supreme Court. That this was not in all respects a
suitable provision, will appear from the following considerations.
Although an impeachment may involve an inquiry whether a crime against
any positive law has been committed, yet it is not necessarily a trial
for crime; nor is there any necessity, in the case of crimes committed
by public officers, for the institution of any special proceeding for
the infliction of the punishment prescribed by the laws, since they,
like all other persons, are amenable to the ordinary jurisdiction of
the courts of justice, in respect of offences against positive law.
The purposes of an impeachment lie wholly beyond the penalties of the
statute or the customary law. The object of the proceeding is to
ascertain whether cause exists for removing a public officer from
office. Such a cause may be found in the fact, that, either in the
discharge of his office, or aside from its functions, he has violated
a law, or committed what is technically denominated a crime. But a
cause for removal from office may exist, where no offence against
positive law has been committed, as where the individual has, from
immorality or imbecility or maleadministration, become unfit to
exercise the office. The rules by which an impeachment is to be
determined are therefore peculiar, and are not fully embraced by those
principles or provisions of law which courts of ordinary jurisdiction
are required to administer.
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