The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
$The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall preside;
and no person shall be convicted without the concurrence of two-thirds of
the members present. Judgment, in cases of impeachment, shall not extend
further than to removal from office, and disqualification to hold and
enjoy any office of honor, trust, or profit, under the United States.
But the party convicted shall nevertheless be liable and subject to
indictment, trial, judgment, and punishment, according to law.--_Const.
U. S._ Art. I. Sec. 3.
The President, Vice-President, and all civil officers of the United
States, shall be removed from office on impeachment for, and conviction
of, treason, bribery, or other high crimes and misdemeanors.--_Const.
U. S._ Art. II. Sec. 4.
The trial of crimes, except in cases of impeachment, shall be by
jury.--_Const. U. S._ Art. III. Sec. 2.$
These are the provisions of the Constitution of the United States on
the subject of impeachments. The following is a sketch on some of the
principles and practices of England on the same subject.
_Jurisdiction._--The Lords cannot impeach any to themselves, nor join in
the accusation, because they are judges.--_Seld. Judic. in Parl._ 12,
63. Nor can they proceed against a commoner, but on complaint of the
Commons.--_Ib._ 84. The Lords may not, by the law, try a commoner for
capital offence, on the information of the King, or a private person;
because the accused is entitled to a trial by his peers generally; but
on accusation by the House of Commons, they may proceed against the
delinquent, of whatsoever degree, and whatsoever be the nature of the
offence; for there they do not assume to themselves trial at common
law. The Commons are then instead of a jury, and the judgment is given
on their demand, which is instead of a verdict. So the Lords do only
judge but not try the delinquent.--_Ib._ 6, 7. But Wooddeson denies that
a commoner can now be charged capitally before the Lords, even by the
Commons; and cites Fitzharris's case, 1681, impeached of high treason,
where the Lords remitted the prosecution to the inferior court.--8
_Grey's Deb._ 325, 6, 7; 2 _Wooddeson_, 601, 576; 3 _Seld._ 1610, 1619,
1641; 4 _Black._ 257; 3 _Seld._ 1604, 1618, 9. 1656.
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