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rejected. France, the other contracting party, suffered these articles, in practice, to be not insisted on, and adhered to the rest of the treaty. -4 Russell's Hist. Mod. Europe, 457--2 Smollet, 242. 246.
By the Constitution of the United States, this depart ment of legislation is confined to two branches only, of the ordinary Legislature; the President originating, and Senate having a negative. To what subject this power extends, has not been defined in detail by the Constitution; nor are we entirely agreed among ourselves.-1 It is admitted, that it must concern the foreign nation, party to the contract, or it would be a mere nullity res inter alias acta.-2. By the general power to make treaties, the Constitution must have intended to compre. hend only those objects which are usually regulated by treaty, and cannot be otherwise regulated.-3. It must have meant to except out of these the rights reserved to the States; for surely the President and Senate cannot do by treaty what the whole Government is interdicted from doing in any way.-4. And also to except those subjects of legislation in which it gave a participation to the House of Representatives. This last exception is denied by some, on the ground that it would leave very little matter for the treaty power to work on. The less the better, say others. The Constitution thought it wise to restrain the Executive and Senate from entangling and embroiling our affairs with those of Europe. Besides, as the negociations are carried on by the Execu tive alone, the subjecting to the ratification of the Representatives such articles as are within their participation, is no more inconvenient than to the Senate. But the ground of this exception is denied as unfounded. For examine, e. g. the treaty of commerce with France, and it will be found that out of thirty-one articles, there are not more than small portions of two or three of them
which would not still remain as subjects of treaties, untouched by these exceptions.
Treaties being declared, equally with the laws of the United States, to be the supreme law of the land, it is understood that an act of the Legislature alone can declare them infringed and rescinded. This was accordingly the process adopted in the case of France, in 1798.
It has been the usage of the Executive, when it communicates a treaty to the Senate for their ratification, to communicate also the correspondence of the negotiations. This having been omitted in the case of the Prussian treaty, was asked by a vote of the House, of Feb. 12, 1800, and was obtained. And in December, 1800, the Convention of that year between the United States and France, with the report of the negotiations by the Envoys, but not their instructions, being laid before the Senate, the instructions were asked for, and communicated by the President.
The mode of voting on questions of ratification, is by nominal call.
Whenever a treaty shall be laid before the Senate for ratification, it shall be read a first time for information only; when no motion to reject, ratify, or modify the whole or any part, shall be received.
Its second reading shall be for consideration; and on a subsequent day, when it shall be taken up as in a committee of the whole, and every one shall be free to move a question on any particular article in this form, "Will the Senate advise and consent to the ratification of this article?" or to propose amendments thereto, either by inserting or by leaving out words, in which last case the question shall be, "Shall the words stand part of the article?" And in every of the said cases, the concur rence of two-thirds of the Senators present shall be requisite to decide affirmatively. And when through the whole, the proceedings shall be stated to the House, and questions be again severally put thereon for confirmation, or new ones proposed, requiring in like manner a con
currence of two-thirds for whatever is retained or inserted.
The votes so confirmed shall, by the House, or a committee thereof, be reduced into the form of a ratification with or without modifications, as may have been decided, and shall be proposed on a subsequent day, when every one shall again be free to move amendments, either by inserting or leaving out words; in which last case the question shall be, "Shall the words stand part of the resolution?" And in both cases the concurrence of twothirds shall be requisite to carry the affirmative: as well as on the final question to advise and consent to the ratification in the form agreed to.—Rule 37.
When any question may have been decided by the Senate, in which two-thirds of the members present are necessary to carry the affirmative, any member who voted on that side which prevailed in the question, may be at liberty to move for a re-consideration; and a motion for re-consideration shall be decided by a majority of votes.--Rule 44.
The House of Representatives shall have the sole power of impeachment.-Const. U. S. Art. I. Sec. 3.
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 honour, 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 of 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.-Id. 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.-Id. 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. 602605-Lords' Jour. 3. June, 1701-1 Wms. 616--6 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