11. The practical importance of this clause is evidenced by the fact that in the eighteenth, nine teenth, twentieth, and twenty-first volumes of How ard's Reports there are thirty-three cases in which its provisions are involved.
The rules adopted from time to time as neces.ary to give to the supreme court jurisdiction under this section are summed up by Mr. Justice Daniel, in delivering the opinion of the court in Smith v. Hunter. They are as follows:— That, to give jurisdiction, it mnst appear on the record iteell that the case is one embraced by the section : first, either by express averment or by ne cessary intendment in the pleadings in the case; secondly, by directions given by the court and stated in the exceptions; or, thirdly, when the pro ceedings are according to the lows of Li uisiana, by the statements of the facts and of the decision as is usually made in such cases by the court ; fourthly, it must be entered on the record of the proceedings of the appellate court, in cases where the record shows that such a point may have arisen and may have teen decided, that it was in fact raised and decided, and this entry must appear to have been made by order of the court or the pre siding judge and certified by the clerk as part of the record in the state court ; or, fifthly, in pro ceedings in equity it may be stated in the body of the final decree of the state court; or, sixthly, it must appear from the record that the question was necessarily involved in the decision and that the elate court could net have given the judgment or .decree without deciding it. 7 How. 744.
12. But, independently of their relation to the jurisdiction of the several states, the courts of the United States are necessarily clothed with powers as the organized branch of the government of the United States established for the purpose of ex ecuting the constitution and laws of the general government as a distinct sovereignty. See Const. art. 3, end Act of 1789, ch. 20, scot. 3, cited 0 19, for the manner in which this, has been done. For matters of detail, see Law, Jurisdiction, and Powers of the United States Courts, 0 13. The several courts embraced in the judicial system of the United States will be separately Considered, and in the following order: 13. The Senate of the United States as a court
to try impeachments.
The Supreme Court.
The Circuit Court.
The District Court.
The Territorial Courts.
Tho Supreme Court of the District of Columbia. The Court of Claims.
The Senate of the United States as a Court to try Impeachments.
14. The constitution provides that the senate shall have the sole power to try all impeachments. When sitting for that pur pose, 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 concur rence 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 indict ment, trial, judgment, and punishment ac cording to law. Const. art. I, sect. 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. art. 1, sect. 4.
15. The organization of this extraordinary court, therefore, differs according as it has or has not the president of the United States to try. For the trial of an impeachment of the president the presence of the chief justice and a sufficient number of senators to form a quorum is required. For the trial of all other impeachments it is sufficient if a quo ruin is present.
16. The jurisdiction of the senate as a court for the trial of impeachments extends to the officers above named, to wit, the presi dent, vice-president, and all civil officers of the United States, when they have been guilty of treason, bribery, and other high crimes and misdemeanors. Art. 2, sect. 4.
The constitution defines treason, art. 3, sect. 3 ; but recourse must he had to the common law for a definition of bribery. Not having particularly mentioned what is to be under stood by "other high crimes and misdemea nors," resort, it is presumed, must be had to parliamentary practice and the common law in order to ascertain what they are. Story, donst. sect. 795.