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The Law of Impeachment in the United States
Published online by Cambridge University Press: 02 September 2013
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When the Fathers were framing the Constitution of the United States they sought at every turn to safeguard the interests of the people and at the same time secure to officials a reasonable degree of independence. This solicitude was especially manifest in the case of judicial officers, whose terms were made to run during good behavior. Impeachment was the method adopted to determine what constituted misbehavior. Chief Justice Marshall early laid down the principle that terms otherwise undefined in the Constitution were used in the sense which was well known and accepted at the time the Constitution was written. Impeachment was adopted and adapted from the English practice. To understand our own law, then, it is necessary to know what the English law of impeachment, the lex et consuetudo parliamenti, was at the time of its adoption and in what way it was modified or changed in being adopted.
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- Copyright © American Political Science Association 1908
References
1 Burr Trial, quoted in Swayne Trial, 376.
2 Commentaries on the Constitution of the United States, sec. 797.
3 History of the Constitution of the United States, ii, 260f.
4 Johnson Trial (Supp. to Globe, 40 Cong., 2 Sess.), 134.
5 Swayne Trial (S. Doc. 194, 58 Cong., 2 Sess.), 385, 389.
6 The American Law of Impeachment, North American Review, vol. 180, p. 510f.Google Scholar
7 Swayne Trial, 385. The evidence that Dr. Hannis Taylor is responsible for all of these ideas consists in the fact that, in his North American Review article, he uses several excerpts from the argument of the defense in the Swayne trial without using quotation marks or giving anybody credit for them.
8 Ann. 5 Cong., 2267.
9 Ibid., 2247, 2282, 2287f.
10 Ibid., 2261, 2300.
11 Curtis, , History Constitution, ii, 260f.Google Scholar; Story, , Commentaries, sec. 804Google Scholar.
12 Extracts from the Journal of the Senate in Cases of Impeachments (Washington, 1904), 183ff.
13 Swayne Trial, 605f.
14 Johnson Trial, 49f.; Ann. 8 Cong. 1 Sess., 848; Garner, , Reconstruction in Mississippi, 401ff.Google Scholar
15 Ann. 8 Cong., 2 Sess., 648.
16 These provisions may be found in Poore's Charters and Constitutions.
17 Ann. 5 Cong., 2251, 2254.
18 Quoted in the Belknap Trial (Cong., Rec., 44 Cong. 1 Sess., vol. 4, pt. 7), 157.
19 Ibid.
20 Commentaries, sec. 804.
21 Ann. 5 Cong., 1 Sess., 39, 44.
22 Ibid., 2278, 2293.
23 Ibid., 2318f.
24 Quoted in Belknap Trial, 157.
25 Ann. 8 Cong., 2 Sess., 594.
26 Quoted in Belknap Trial, 151.
27 Ibid., pp. 111 and 6f.
28 Belknap Trial, 76, 173f.
29 Ibid., 295ff.
30 Belknap Trial, 343f.
31 Ann. 8 Cong., 1 Sess., 848.
32 Garner, , Reconstruction in Mississippi, 403ff.Google Scholar
33 State v. Hastings, 37 Neb. Rep., 96.
34 Ann. 8 Cong., 1 Sess., 367.
35 Extracts from Journals of Senate, etc., 183ff.
36 Johnson Trial, 331, 410.
37 Hallam, , Constitutional History of England, ii, 173–177.Google Scholar
38 Ann. 8 Cong., 2 Sess., 432, 593, 602, 606, 643, 507.
39 Extracts, etc., 80.
40 Johnson Trial, 17, 46ff.
41 Swayne Trial, 393.
42 Swayne Trial, 393f.
43 Johnson Trial, 63.
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