tion be not made the order continues in force at a subsequent session. It is a singular circumstance that there is no constitutional or legal enactment fixing the hour of meeting at a first session of Congress, and that no record of the hour of meeting is to be found in the journals of either house of Congress, except in cases when Congress was convened by the President in extra session.

HOUSE OF COMMONS.

The House of Commons (English Parliament) consists of six hundred and seventy members, distributed as follows: England and Wales, 495; Ireland, 103; Scotland, 72; and a quorum consists of forty members.

IMPEACHMENT.

"The House of Representatives shall have the sole power of impeachment."-Const., 1, 2, 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., 2, 4, 17.

It has been uniformly held that all propositions to impeach the President, Vice-President, or any civil officer under the foregoing clause of the Constitution are privileged. See rulings of Speaker Carlisle.-Journal, 1, 48, p. 495; 2, 48, pp. 27, 28.

The proceedings in the case of the impeachment of Judge Peck, in the Twenty-first Congress, were as follows:

and Mr.

The House having resolved that he be impeached of "high misdemeanors in office" (Journal, 1, 21, pp. 265, 566), it was or dered "that Mr. be appointed a committee to go to the Senate, and at the bar thereof, in the name of the House of Representatives and of all of the people of the United States, to impeach James H. Peck, judge of the district court of the United States for the district of Missouri, of high misdemeanors in office, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him and make good the same; and that said committee do demand that the Senate take order

for the appearance of the said James H. Peck, to auswer to said impeachment."

The House then, on motion, appointed a committee of five "to prepare and report to the House articles of impeachment against James H. Peck, district judge of the United States for the dis trict of Missouri, for misdemeanors in said office (p. 567).

A message was received from the Senate notifying the House "that the Senate will take proper order therein, of which due notice shall be given to the House of Representatives" (p. 574).

The committee appointed to prepare articles of impeachment made their report (p. 584), which was committed to the Committee of the Whole House on the state of the Union (p. 588), and, having been considered therein, was reported with amendments, and so agreed to by the House (pp. 591 to 595).

It was then ordered "that five managers be appointed by ballot to conduct the impeachment against James H. Peck, judge of the district court of the United States for the district of Missouri, on the part of the House," who were thereupon appointed (p. 595).

It was then ordered "that the articles agreed to by the House to be exhibited in the name of themselves and of all the people of the United States against James H. Peck, in maintenance of their impeachment against him for high misdemeanors in office, be carried to the Senate by the managers appointed to conduct said impeachment." And the Clerk was directed to inform the Senate of the appointment of said managers, and of the last mentioned order of the House (p. 596).

A message was received from the Senate informing the House of the time at which it would resolve itself into a court of impeachment, when it would receive the managers appointed to exhibit the articles of impeachment (p. 603).

The managers having carried said articles to the Senate, made report of the fact to the House (p. 605).

The Senate notified the House of its issue of summons to Judge Peck (p. 606), and of its order that he file his answer and plea with its Secretary by a certain day (p. 625).

The House resolved that it would, on the day above named, "and at such an hour as the Senate shall appoint, resolve itself

into a Committee of the Whole House and attend in the Senate” on the trial of the said impeachment (p. 714).

The Senate on the same day notified the House" that it was ready to proceed upon the impeachment of James H. Peck, judge, etc., in the Senate Chamber, which chamber was prepared with accommodations for the reception of the House of Representatives (p. 717).

Thereupon the House resolved itself into a Committee of the Whole House, and proceeded to the Senate in that capacity. Having spent some time therein, they returned into the chamber of the House, and the Speaker having resumed the chair, the chairman of the Committee of the Whole reported the proceedings which had taken place, and that the Senate, sitting as a high court of impeachment, had adjourned to meet at the next session (p. 717).

At the next session (2, 21) Mr. Buchanan, from the managers, reported to the House a replication to the answer and plea of Judge Peck, which was agreed to by the House; and the said managers were instructed to maintain the same at the bar of the Senate, and the Senate were informed thereof (pp. 47, 48). The Senate notified the House of their readiness to proceed to trial (p. 52), and the House resolved that from day to day it would resolve itself into a Committee of the Whole, and attend the same (p. 97).

Subsequently the House resolved that the managers be instructed to attend the trial, and that the attendance of the House be dispensed with until otherwise ordered (p. 141).

The managers having announced that the testimony had closed (p. 175), the House resolved that during the argument of counsel it would, from day to day, attend in the Senate (p. 186).

The report of the final action of the Senate in the case, made to the House by the chairman of the Committee of the Whole (p. 236).

[The rules of proceedings of the Senate in cases of impeachment will be found in "Trial of Judge Peck," pp. 56 to 59.]

For further information on the subject of impeachment, see "Chase's Trial," and "Trial of Judge Peck."

The impeachment trials in the United States have been few. The following is believed to be a correct list, viz:

1st. William Blount, a Senator of the United States from Tennessee. Violation of the neutrality laws of the United States. (See Journals of Congress.)

28. John Pickering, district judge, New Hampshire, 1803-4. Imprisonment of an attorney for an alleged contempt of court, in this reviewing in a newspaper a decision of the judge. Malfeasance in office. (See Journals of Congress.)

3d. Samuel Chase, associate justice of Supreme Court United States, 1804-5. Malfeasance in office. (See Journals of Congress, 1804-5, Chase's Trial.)

4th. James Peck, United States district judge for Missouri, 1826-31. Peck's Trial. (See Journals of Congress.)

5th. West W. Humphreys, United States district judge for Tennessee. Advocating secession, and giving aid and comfort to the rebellion. December 29, 1860. (See Congressional Globe, 2, 37, vol. 3, No. 44.)

6th. Andrew Johnson, President of the United States. High crimes and misdemeanors. (For proceedings see Congressional Globe, Fortieth Congress, and Journals of Congress, 1868.)

7th. William W. Belknap, Secretary of War. Malfeasance and accepting bribes. First session Forty-fourth Congress. (See Journals and Congressional Record.)

Among the number of trials in the British Parliament, the following most prominent may be cited:

Articles of impeachment for high treason against Lord Lovat. (13 Parl. Hist., 1438; answer of Lord Lovat, Ibid., 1443.)

Articles of impeachment against Earl of Clarendon. (4 Parl. Hist., 378; 1 Grey Deb., 15; 4 Hats., 136.)

Articles of impeachment against Earl of Oxford. (5 Parl. Hist., 1258; 7 Ibid., 75, 114; Hats., 237, 242; answer of Earl of Oxford and Earl Mortimer to articles, 7 Parl. Hist., 151; Commons' replication to answer of Earl Mortimer, 7 Ibid., 213; proceedings in, and rules governing trial of Earl of Oxford, 6 Ibid., 466 et seq., 493 et seq. See 4 Hats., 287.)

Articles of impeachment against Lord Somers. (5 Parl. Hist., 1226; rules in trial, 3 Parl. Deb., 207 et seq.)

1614-26

Articles of impeachment against Dr. Sacheverel, January 12, 1710. (6 Parl. Hist., 809.)

Articles of impeachment against Henry, Viscount Bolingbroke, for high crimes and misdemeanors. (7 Parl. Hist., 129; 4 Hats., 237, 242.)

Articles of impeachment against James, Duke of Ormond, for high crimes and misdemeanors. (7 Parl. Hist., 138.)

Articles of impeachment against Earl of Strafford, for high crimes and misdemeanors. (7 Parl. Hist., 144; 4 Hats., 148, 161, 165, 218, 219, and note. Answer of Earl of Strafford, 7 Parl. Hist., 246.)

Articles of impeachment against Lord Danby, for high treason, and other high crimes and misdemeanors. (See 4 Hats., 180, 184.),

Articles of impeachment against Sir William Scroggs, for high treason and misdemeanors. (2 Parl. Deb., 22 et seq.; 4 Parl. Hist., 1274; 4 Hats., 117, note.)

Articles of impeachment against Lord Halifax, for high crimes and misdemeanors. (2 Parl. Deb., 204.)

Articles of impeachment against Earl of Macclesfield, whilst Lord High Chancellor, for high crimes and misdemeanors. (8 Parl. Hist., 419; 9 Parl. Deb., 112. See 4 Hats., 272, 289. Answer of Earl of Macclesfield, Ibid., 436. Replication of House of Commons to answer, Ibid., 462. Findings of the court, Ibid., 468. Judgment demanded by Speaker of House of Commons, and pronounced by Speaker of House of Lords, Ibid., 477.)

In the cases of Dr. Sacheverel and Earl of Macclesfield, the Commons carried a vote of thanks in the interval between the giving of the verdict and the pronouncing of the verdict openly in the court. (31 Parl. Hist., 946.)

Articles of impeachment against William Penn, in 1668, for taking prize goods out of an East India ship.

Articles of impeachment against Warren Hastings, May 11, 1787, for high crimes and misdemeanors. (4 Hats., 242, note; Ibid., 267, note.)