1. in the second article, section four, of the constitution, these words are found: “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.”
2. impeachment is a procedure against office holders only, for the purpose of removing them from office. it inflicts no other punishment; but the guilty party may afterwards be prosecuted for his crime in a court of law, and punished in such manner as the law directs.
3. the house of representatives alone can present charges looking to the trial of an officer of the government by impeachment. its action, in such a case, is similar to that of a grand jury. it charges that the official has violated the law and should be tried, in order, if guilty, to be removed from office. it appoints a committee to conduct the prosecution before the senate, to which these charges are presented.
4. the senate alone has the power to try the accused party. when trying a case of impeachment it acts as a court, and from its decision there is no appeal. the president cannot pardon a criminal who has been impeached. when the president of the united states is tried, the chief justice of the supreme court presides, but in no other case. no person can be convicted in a trial of impeachment, unless two-thirds of the senate concur in finding the accused guilty of the alleged offense.
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the judicial department.
this is the third branch of the government, as determined by the constitution, and is of supreme importance and dignity. its sphere is to interpret the constitution, to decide controversies, to try offenders and to pronounce sentence on them, to enforce rights, and to keep the whole organism of the government in proper place and proportion. it is attached to the governmental machinery as a regulator. without it the other departments must be the judges of the extent of their own powers; the constitution would be practically inoperative to prevent inharmonious or mischievous legislation; and the executive would possess the authority to try as well as punish offenses.
the officers of this department of the government are expected to be men of much weight and dignity of character, of wide legal culture, and are selected for, and continued in, office under such circumstances as to guarantee, to a fair extent, the requisite distinction and impartiality.
all this we shall see as we proceed to analyze its different branches. these consist of the united states supreme court, the circuit courts, the district courts, and the court of claims. the local courts in the district of columbia, and the territorial courts, though similar to the state judiciaries, are connected, by their relations to the general government, with this department.
the importance of this branch of the government has become more evident as time has passed, and the conflict of parties has put the whole to test. the acrimonious party spirit of our early post revolutionary history, which continued into monroe’s administration, was, in great part, the result of a want of due confidence in, and respect for, the judiciary. experience showed that our people were law abiding, and that the legislative and executive powers, equally with the people,[428] were willing to submit to the official interpretation of the constitution, and all ready to join hands to maintain its authority.
