IMPEACHMENT. A written accusation usually by the house of representatives of a state or of the United States to the senate of the state or of the United States against an officer.
The United States constitution declares that the house of representatives shall have the sole power of impeachment; art. 1, s. 2, cl. 5 ; and that the senate shall have the sole power to try all impeachments ; art. 1, s. 3, cl. 6.
The persons liable to impeachment are the president, vice-president, and all civil officers of the United States ; art 2, s. 4. A question arose upon an impeachment be fore the senate, in 1799, whether a senator was a civil officer of the United States with in the purview of this section of the consti tution; and it was decided by the senate, by a vote of fourteen against eleven, that he was not ; Senate Jour. Jan. 10, 1799; Story, Const. § 791; Rawle, Const. 213 ; Von Hoist Coast. Hist. 160. See UNITED STATES COURTS.
The offences for which a guilty officer may be impeached are treason, bribery, and other high crimes and misdemeanors ; art. 2, s. 4. The constitution defines the crime of trea son; art. 3, s. 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 presumed, must be had to parliamentary practice and the common law in order to ascertain what they are; Story, Const. § 795. It is said that im peachment may be brought to bear on any offense against the constitution or the laws which is deserving of punishment in this manner or is of such a character as to ren der the officer unfit to hold his office. It is primarily directed against official miscon duct, and is not restricted to political crimes alone. The decision rests really with the senate; Black, Const. L. 121. The guilt of the accused must be established beyond a reasonable doubt ; State v. Hastings, 37 Neb. 96, 55 N. W. 774.
The mode of proceeding in the institution and trial of impeachments is as follows: When a person who may be legally impeach ed has been guilty, or is supposed to have been guilty, of some malversation in office, a resolution is generally brought forward by a member of the house of representatives, either to accuse the party, or for a commit tee of inquiry. If the committee report ad
versely to the party accused, they give a statement of the charges and recommend that he be impeached. When the resolution is adopted by the house, a committee is ap pointed to impeach 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 demand that the senate take order for the appearance of the party to answer to the impeachment. The house then agree upon the articles of impeachment, and they are presented to the senate by a committee appointed by the house to prosecute the im peachment. 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 impeachment, and the senators are sworn to do justice according to the con stitution and laws. The person impeached is called to answer, and either appears or does not appear. If he does not appear, his default is recorded, and the serrate may pro ceed 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 be con victed without the concurrence of two-thirds of the members present; Const. art. 1, s. 2, cl. 6. See "Chase's Trial," and "Trial of Judge Peck ;" also proceedings against Judge Humphreys, June 26, 1862, Congress. Globe, pt. 4, 3d sess., 32d Congress, pp. 2942-2953; and Trial of President Johnson, March 5, 1868, Congress. Globe, pt. 5, supplement, 40th Congress, 2d sess.; Lecture by Prof. Theo. W. Dwight, before Columbia Coll. Law School, 6 Am. Law Reg. 257; Article by Judge Lawrence, of Ohio, same volume, p: 641.