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.
Accusation.—The Commons, as the grand inquest of the nation, become suitors for penal justice.—2 Woodd. 597; 6 Grey, 356. The general course is to pass a resolution, containing a criminal charge against the supposed delinquent, and then to direct some member to impeach him by oral accusation, at the bar of the House of Lords, in the name of the Commons. The person signifies, that the articles will be exhibited, and desires that the delinquent may be sequestered from his seat, or be committed, or that the Peers will take order for his appearance.—Sachev. Trial. 325; 2 Woodd. 602, 605; Lords' Jour. 3 June, 1701; 1 Wms. 616; Grey, 324.
Process.—If the party do not appear, proclamations are to be issued giving him a day to appear. On their return they are strictly examined. If any error be found in them, a new proclamation issues, giving a short day. If he appear not, his goods may be arrested, and they may proceed.—Seld. Jud. 98, 99.
Articles.—The accusation (article) of the Commons, is substituted in place of an indictment. Thus, by the usage of Parliament, an impeachment for writing or speaking the particular words, need not be specified.—Sach. Tr. 325; 2 Woodd. 602, 605; Lords' Journ. 3 June, 1701; 1 Wms. 616.
Appearance.—If he appears, and the case be capital, he answers in custody; though not if the accusation be general. He is not to be committed but on special accusations. If it be for a misdemeanor only, he answers a Lord in his place, a Commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him till he find sureties to attend, and lest he should fly.—Seld. Jud. 98, 99. A copy of the articles is given him, and a day fixed for his answer.—T. Ray; 1 Rushw. 268; Fost. 232; 1 Clar. Hist. of the Reb. 379. On a misdemeanor, his appearance may be in person, or he may answer in writing, or by attorney.—Seld. Jud. 100. The general rule on accusation for a misdemeanor is, that in such a state of liberty or restraint as the party is when the Commons complain of him, in such he is to answer. Seld. Jud. 101. If previously committed by the Commons, he answers as a prisoner. But this may be called, in some sort, judicium parium suorum.—Seld. Jud. In misdemeanors, the party has a right to counsel by the common law; but not in capital cases.—Seld. Jud. 102-5.
Answer.—The answer need not observe great strictness of form. He may plead guilty as to part, and defend as to the residue; or, saving all exceptions, deny the whole, or give a particular answer to each article separately.—1 Rush. 274; 2 Rush. 1374; 12 Parl. Hist. 442; 3 Lords' Journ. 13 Nov. 1643; 2 Wood. 607. But he cannot plead a pardon in bar to the impeachment.—2 Wood. 618; 2 St. Tr. 735.