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Littleton W. Tazewell Hugh Lawson White Hugh Lawson White George Poindexter John Tyler.. William R. King. William R. King. William R. King. William R. King. William R. King William R. King. William R. King. William R. King. William R King. William R. King. William R. King. William R. King. Samuel L. Southard Samuel L. Southard. Samuel L. Southard Willie P. Mangum. Willie P. Mangum. Willie P. Mangum. Willie P. Mangum. Willie P. Mangum David R. Atchison. David R. Atchison. David R. Atchison. David R. Atchison. David R. Atchison.

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Attended.

15 May 1828.

1 Dec. 1828. .13 Mar. 1829.

7 Dec. 1829. 29 May 1830. 6 Dec. 1830. 1 Mar. 1831.

5 Dec. 1831.

9 July 1832.

3 Dec. 1832.

2 Dec. 1833.

28 June 1834.

3 Mar. 1835. 1 July 1836. 28 Jan. 1837

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2 Dec. 1844.

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4 Mar. 1945.

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8 Aug. 1846. 11 Jan. 1847.

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.26 May 1828

21 Dec. 1828

17 Mar. 1829

13 Dec. 1829

31 May 1830

2 Jan. 1831

3 Mar. 1831 .11 Dec. 1831 16 July 1832 2 Mar. 1833 15 Dec. 1833 30 June 1834 3 Mar. 1835 4 July 1836 3 Mar. 1837

10 Mar. 1837

12 Sept. 1837 16 Oct. 1837 18 Dec. 1838

3 Mar. 1839 .26 Dec. 1839

21 July 1840 .15 Dec. 1840 3 Mar. 1841

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David R. Atchison.

David R. Atchison

29 July 1848.

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1 Jan. 1849

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2 Mar. 1849.

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5 Mar. 1849

6 May 1850. 11 July 1850.

2 Dec. 1850.

1 Dec. 1851.

1 Dec. 1852.

20 Dec. 1852.

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3 Mar. 1849

.23 Mar. 1849

19 May 1850 30 Sept. 1850

3 Mar. 1851 31 Aug. 1852 20 Dec. 1852

3 Mar. 1853

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peachments

[6.] The senate shall have the sole power to try all How are imimpeachments. When sitting for that purpose, they tried? 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.

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Two thirds?

39. For the doctrine of impeachment, see Peck's Trial, speeches 27, 191–194. for the prosecution and defence; Reports and Debates on the Impeachment of the President, December, 1867. A judgment of impeachment in the English House of Lords requires that at least twelve of the members should concur in it; and a verdict by less than twelve would not be good." Com. Dig. Parliament. L. 17. The reasons why this power of impeachment was given to the senate are fully discussed in the Federalist, and in Story on the 36, 37. Const., and Rawle on the Const. Story's Const, § 743-775, and notes. The interest of the vice-president is supposed to disqualify Where are him. Story's Const., § 777. For the action of the senate upon the impeachimpeachment see the journal or record of the senate on trials of ment trials impeachment, from March 4, 1780, to March 3, 1851: 1. On the trial of William Blount, a senator of the United States, from December 17, 1798, to January 15, 1799; 2. On the trial of John Pickering, Judge of the New Hampshire District, from March 3, 1803, to March 12, 1803; 3. On the trial of Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, from November 30, 1804, to March 1, 1805. The preceding cases will be found as an appendix to the third volume of the Legislative Journal of the Senate; 4. On the trial of James H. Peck, Judge of the Missouri District, fromay 11, 830 May 25, 1830; and from December, 13, 1830, to January 31, 1831. The

to be found?

proceedings in this case will be found as an appendix to the Legislative Journal of the Senate of 1830, 1831, and also in volumes called Peck's Trial, Blount's Trial, Pickering's Trial, and Chase's 27, 191, 194. Trial. For the mode of trial in cases of impeachment, see Story's Const., 807-810; 2 Woodeson's Lect., 40, p. 603, 604; Jefferson's Manual, § 53.

What is the

Senators?

The form of oath adopted by the Senate in Chase's case was as oath of the follows: "You solemnly swear or affirm, that in all things appertaining to the trial of the impeachment of you will do impartial justice according to the Constitution and laws of the United States." (Chase's Trial, vol. 1, p. 12.) Report upon the impeachment of the President, 62.

What is the question?

What is the judgment in impeachment?

What means

The question in Pickering's Case was: "Is John Pickering, district judge of the district of New Hampshire, guilty as charged in the article of the impeachment exhibited against him by the House of Representatives ?" Annals 2d Session 8th Cong. 364. In Chase's trial it was: "Mr.how say you; is the respondent, Samuel Chase, guilty or not guilty of a high crime or misdemeanor, as charged in the article of impeachment?" Ibid 2d Session 8th Congress, 564.)

[7.] Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold or 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.

40. JUDGMENT here means the conclusion of law from the judgment? facts found upon the charges preferred by the House. In the trial 27, 39. of Judge Peck for having disbarred a lawyer, the defence was 149. mainly rested upon the right of the court to punish for contempt, 191, 194. and the want of malice in the judge. Peck's Trial. Some have questioned whether if the defendant be found guilty, the judgment judgment be can be less than removal from office. Story's Const. 803. Shall not short of re- extend further, does not mean shall not exceed or fall short, but be exactly removal and disqualification, and nothing else. Farrar, p. 434., note 1.

Can the

moval?

*How far does

extend?

In England the punishment extends to the whole punishment attached by law to the offense. (Comyn's Dig. Parliament, L. 44; 2 Woodeson, Lect, 40. p. 611-614), Story's Const., § 784. The sentence is limited to political punishment, and the party left to a trial for the criminal violation of the law by a jury. Story's Const. § 786.

DISQUALIFICATION.-The punishment touches neither his person the seutesee nor property; but simply divests him of his political capacity. Mr. Babunt's ri, 47-68, Phila., 1799. Id. 82. Story's Const., § 803.

scribes the

places of

SEC. 4. [1.] The times, places, and manner of hold- Who preing elections for senators and representatives, shall be times and prescribed in each State by the legislature thereof; but elections? the Congress may at any time by law make or alter such regulations, except as to the places of choosing

senators.

17

18

41. When the legislature of a State has failed to "prescribe the What is the times, places, and manner" of holding elections, as required by power of the the Constitution, the governor may, in case of a vacancy, in his governor ? writ of election, give notice of the time and place of election; but a reasonable time ought to be allowed for the promulgation of the notice. Hoge's Case, Cl. & Hall, 135.

30

This power of Congress has only been exercised so far as to How far has require the States to elect by districts, by the act of 1842, ch. 47. this power (See Barnard's Protest, in December, 1843, and the debates of that of Congress been exersession,) and the election of Senators already referred to. These cised? acts relate to the manner of elections, and the places so far as the legislative halls are concerned in the election of senators. There are those who contend that, under this power, the general powers, 274, 275. and the thirteenth and fourteenth amendments, and the general What is frame-work of the government, Congress may determine who shall meant by vote at the elections for representatives; but whatever may be time, place, said of other powers, the more settled opinion seems to be, that the times relate to the days, the places to the precincts for voting, 274–279. and the manner to the viva voce or ballot system, and the regula- 16–18. tions for conducting the elections.

and manner?

When Congress legislates on these points, the legislative "regu- What is the lations," (which relate back to those three things) will cease. power of Congress 815-828. It cannot be said, with any correctness, that Congress subject? can, in any way, alter the rights or qualifications of voters. 1 Story's Const., $820. But it was argued differently by those who 17, 18. opposed the ratification of the Constitution. Little was said in the Conventions., The Federalist, Nos. 59, 60; 1 Elliot's Debates, 45–44, 67 68; 3 Id. 65. The Editor would say that the practice.gi the States as to inappropriate times, the vacancies which ex when sessions are called, and the experience in regard to secession and rebellion render expedient that Congress should fix 11ɔ̃n some rule of uniformity.

Congress only has a superintending control. 1 Story's Const. § over the

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As to the place of "choosing senators." This means that Congress shall not say where the legislature sha!! sit. Story's Const., 828, note 2. The arguments of those who contend for the power 17, 18. of Congress to determine who may vote, and who shall not be disfranchised, have been presented by Mr. Farrar, § 124-141. It is now one of the irritating questions.—ED.

30

[2.] The Congress shall assemble at least once in what are every year: and such meeting shall be on the first of Congress?

the Sessions

When expire?

Act of 22 Jan., 1967. 14 St. 378.

When are

the times of meetings?

When and for how long?

What are the powers of each House?

What are

turns and

tions?

Monday in December, unless they shall by law appoint a different day.

42. The constitutional term of Congress does not expire until twelve o'clock at noon on the 4th of March. 11 Stat. Appendix ii. 43. “In addition to the present regular times of the meeting of Congress, there shall be a meeting of the Fortieth Congress of the United States, and of each succeeding Congress thereafter, at 12 o'clock meridian, on the fourth day of March, the day on which the term begins for which the Congress is elected, except that when the fourth of March occurs on Sunday, then the meeting shall take place at the same hour on the next succeeding day."

So that each Congress is now divided into three sessions: The first commences on the fourth day of March, and may continue its session until the first Monday in December; the second commences on the first Monday in December, and may continue until the next first Monday in December; the third commences on the first Monday in December, and must adjourn on the next fourth day of March, by the dissolution of the Congress.

SEC. V.-[1.] Each house shall be the judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.

44. THE ELECTIONS in a general sense, means the right to deterelection re- mine who has been chosen by the "qualified electors" at the qualifica- "times and places" and returned, according to "the regulations prescribed by the laws of the States or by Congress wherein they 16–18, 29, 30, shall have been superseded. Each case usually depends upon its own facts; and the object generally has been to ascertain who has received the highest number of lawful votes. The necessity id importance of this power discussed. Story's Const. § 833.

The returns?

What of the qualifications?

19, 41, 35,

46. THE RETURNS from the State authorities are prima facie evidence only of an election, and are not conclusive upon the house. Spaulding v. Mead, Cl. & Hall, 16, 18, 29, 30, 41, 157; Reed v. Cosden, Id. 353. And the refusal of the executive of a State to grant a certificate of election, does not prejudice the right of one who may be entitled to a seat. Richard's Case, Id. 95.

46. The “QUALIFICATIONS," in its narrower sense, would doubtless relate to the age, citizenship, and inhabitancy of the applicant as defined in the second clause of section 2, art. 1, and the third clause of section three of the same. But as the term "PERSON," if taken alone, in both might include a female, a lunatic or an idiot, a convicted felon, a person of notoriously bad character, or actually

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