Studies in Civics

by J. T. McCleary

"The senate shall have the sole power to try all impeachments.'—Ib., I. 3: 6.

"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."—Ib., II. 4: 17.

The house, having resolved that a certain civil officer be impeached, orders that a committee be appointed to notify the senate of the fact; and to state that "the house of representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same;" and to demand that the senate prepare to try the impeachment.

The house then, on motion, appoints a committee (usually of five members) to prepare carefully the articles of impeachment. [Footnote: This corresponds to the indictment of a grand jury.] The report of this committee, having been considered in committee of the whole, is reported to the house, with such amendments as seem necessary. If the report is agreed to by the house, a committee of five "managers" is appointed to conduct the impeachment on the part of the house.

The senate is then notified by the clerk of the house, that the managers, naming them, have been appointed, and that the articles of impeachment are ready to be exhibited.

The senate having appointed the time when it would resolve itself into a court of impeachment notifies the house. At the appointed time the managers carry the articles to the senate, and on their return report to the house.

The senate then issues a summons to the defendant, ordering him to file his answer with the secretary of the senate by a certain day.

On the day appointed, the house, having resolved itself into committee of the whole, attends the trial in the senate chamber. The next day the house attends similarly, if a reply is to be made to the defendant's answer. During the taking of the testimony only the managers attend, the house devoting itself to its regular business. When the case is ready for argument, the house attends daily, as committee of the whole.

The report of the final action of the senate is made to the house by the chairman of the committee of the whole.

In an impeachment trial the senate is both judge and jury. But, for convenience, the functions of judge are usually performed by the president of the court of impeachment; and a senator may be called upon to testify.