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
From considerations of this kind, especially when applied to the
impeachment of a President of the United States, the Convention found it
expedient to place the trial in the Senate. In fact, the whole subject
of impeachments, as finally settled in the Constitution, received its
impress in a great degree from the attention that was paid to the
bearing of this power upon the executive. Few members of the Convention
were willing to constitute a single executive, with such powers as were
proposed to be given to the President, without subjecting him to removal
from office on impeachment; and when it was perceived to be necessary to
confer upon him the appointment of the judges, it became equally
necessary to provide some other tribunal than the Supreme Court for the
trial of his impeachment. There was no other body already provided for
in the government, with whom this jurisdiction could be lodged,
excepting the Senate; and the only alternative to this plan was to
create a special tribunal for the sole purpose of trying impeachments of
the President and other officers. This was justly deemed a manifest
inconvenience; and although there were various theoretical objections
suggested against placing the trial in the Senate, on the question being
stated there were found to be but two dissentient States.[188] This
point having been settled, in relation to impeachments of the President,
the trial of impeachments of all other civil officers of the United
States was, for the sake of uniformity, also confided to the
Senate.[189] The power of impeachment was confined, as originally
proposed, to the House of Representatives.[190]
The number of members of each house that should be made a _quorum_ for
the transaction of business gave rise to a good deal of difference of
opinion. The controlling reason why a smaller number than a majority
of the members of each house should not be permitted to make laws, was
to be found in the extent of the country and the diversity of its
interests. The central States, it was said, could always have their
members present with more convenience than the distant States; and
after some discussion, it was determined to establish a majority of
each house as its quorum for the transaction of business, giving to a
smaller number power to adjourn from day to day, and to compel the
attendance of absent members.[191]
Provisions making each house the judge of the elections, returns, and
qualifications of its own members; that for any speech, or debate in
either house no member shall be questioned in any other place; and
that in all cases, except treason, felony, or breach of the peace, the
members shall be privileged from arrest during their attendance at,
and in going to and returning from, the sessions of their respective
houses,--were agreed to without any dissent.[192]
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