IMPEACHMENT. A written accusa tion by the house of representatives of the United States to the senate of the United States against an officer.
2. The constitution declares that the house of representatives shall have the sole power of impeachment, art. 1, a. 2, el. 5, and that the senate shall have the sole power to try all impeachments. Art. 1, s. 3, cl. 6.
B. The persons liable to impeachment are the president, vice-president, and all civil of ficers of the United States. Art. 2, s. 4. A question arose upon an impeachment before the senate, in 1799, whether a senator was a civil officer of the United States within the purview of this section of the constitution; and it was decided by the senate, by a vote of fourteen against eleven, that he was nat. Senate Jour. Jan. 10, 1799 ; Story, Conat. 791; Rawle, Const. 213, 214; Sergeant, Const. Law, 376.
4. The offences for which a guilty officer may be impeached are treason, bribery, and other high crimes and misdemeanors. Art. 2, a. 4. The constitution defines the crime of treason. Art. 3, 3. • Recourse must be had to the common law for a definition of bribery. Not having particularly mentioned what is to be understood by "other high crimes and misdemeanors," resort, it is pre sumed, must be had to parliamentary prac tice and the common law in order to ascer tain what they are. Story, Const. 795.
5. The mode of proceeding in the institu tion and trial of impeachments is as follows. When a person who may be legally impeached has been guilty, or is supposed to have been guilty, of some malveraation in office, a reso lution is generally brought forward by a mem ber of the house of representatives, either to accuse the party, or for a committee of in quiry. If the committee report adversely to the party accused, they give a statement of the charges and recommend that be be im peached. When the resolution is adopted by the house, a committee is appointed to im peach the party at the bar of the senate, and to state that the articles of impeachment against him will be exhibited in due time and made good before the senate, and to de mand that the senate take order for the ap pearance of the party to answer to the im peachment. The house then agree upon the
articles of impeachment, and they are pre sented to the senate by a committee appointed by the house to prosecute the impeachment. The senate then issues process, summoning the party to appear at a given day before them, to answer to the articles. The process is served by the sergeant-at-arms of the senate, and a return is made of it to the senate under oath. On the return-day of the process, the senate resolves itself into a court of impeach , ment, and the senators are sworn to do jus tice according to the constitution and laws. The person impeached is called to answer, a5c1 either appears or does not appear. If 1,, does not appear, his default is recorded, aud the senate may proceed ex parte. If he does appear, either by himself or attorney, the parties are required to form an issue, and a time is then assigned for the trial. The final decision is given by yeas and nays; but no person can he convicted without the con currence of two-thirds of the members pre sent. Coast. art. 1, s. 2, cl. 6. See "Chase's Trial" and "Trial of Judge Peck;" and also proceedings against Judge Humphreys, June 26, 1862, Congress. Globe, pt. 4, 2d sess., 32d Congress, pp. 2942-2953.
6. When the is tried, the chief justice shall preside. The 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. Proceedings on impeachments under the state constitutions are somewhat similar. See COURTS OF THE