judgment of the Senate: criminally, he is punished by the courts of justice according to the rules and principles of law. Thus the President, convicted of treason on impeachment before the Senate, would be removed from, and might also be disqualified to hold office under the United States. But on trial and conviction for the same offence in the courts of law he would be sentenced to death, that being the penalty.

Persons liable to Impeachment.

84. The persons liable to impeachment, as we have already observed, are the President and VicePresident, and all civil officers of the United States; and the offences for which they may be impeached are treason, bribery, or other high crimes and misdemeanors.

85. Officers of the army and navy, not being civil officers," are not liable to impeachment. They are, however, subject to trial and punishment according to the laws and usages of war. It is thought, too, that members of Congress are not liable to impeachment, because, though members of the government, they do not derive their appointment from it, but from the states, or the people of the

states.

86. Treason against the United States consists only in levying war against them, or in adhering to

their enemies, giving them aid and comfort. Bribery consists in giving or receiving a reward by any civil officer of the United States, as an inducement for acting contrary to his duty. In determining what are high crimes and misdemeanors;" resort is had to the common law.

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Mode of Procedure.

87. The usual course of proceeding in a case of impeachment is substantially as follows: The House of Representatives having investigated the charges laid against the accused, and become satisfied that they are well-founded, present articles of impeachment or accusation to the Senate, who thereupon summon the party to appear on a designated day and answer.

88. If he does not appear in obedience to the summons, the Senate may try the impeachment in his absence. If he does appear, he is furnished with a copy of the articles, and time is allowed him to answer them. The House reply in writing to this answer or defence, and state their readiness to prove the charges they have preferred. The impeachment is conducted on the part of the House by a committee of managers, and counsel are allowed the accused. The trial proceeds according to the rules of law and parliamentary usage.

THE ELECTION OF SENATORS AND REPRE-
SENTATIVES.

Power of Congress respecting.

89. The times, places, and manner of holding elections for Senators and Representatives must be prescribed in each state by the legislature thereof; but Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

90. It is obviously important that Congress should possess the power to regulate elections in the points. mentioned, in order to guard against the negligence or wilful omission of a state to make any regulation at all, as well as to secure a uniformity of election in all the states, should the want of such uniformity occasion confusion or inconvenience.

91. Until a very recent period the states were left to regulate all the particulars of elections for Senators and Representatives in their own way, without the interposition of Congress.. In several of the states the Representatives were chosen by a general ticket for the whole state; in other states they were chosen singly in districts. But now, in consequence of an Act of Congress passed June 25, 1842, Repre

sentatives are elected by districts, equal in number to the number of Representatives to which the state is entitled, and each of these districts elects one Representative. [See Act of Congress, July 14, 1862, which provides that members of the House of Representatives shall be elected by single districts.]

92. In some of the states the candidate must receive a majority of all the votes in order to be elected; in others a plurality is sufficient. By law the election must take place on the Tuesday next after the first Monday in November, and be by written or printed ballot. Congress may provide for the conduct of such elections, and protect them from intimidation, corruption and fraud. It should be observed that when neither the legislature of a state nor Congress have prescribed the times, places, and manner of holding elections, the executive authority of such state may, in case of a vacancy, in his writ of election, fix the time and place of election.

93. Though Congress cannot alter, or make regulations, as to the place of choosing Senators, they may prescribe the times at which the choice shall be made. The exception as to place was made because the Senators are elected by the state legislatures, whose place of meeting is always at the state capitols or seats of government, unless accidental circumstances should render it necessary for them to convene elsewhere, and of this they are the proper judges.

THE MEETING OF CONGRESS.

How often Congress must meet.

94. Congress must assemble, at least, once in every year, and such meeting must be on the first Monday in December, unless they appoint by law a different day.

95. Under the Confederation the delegates were elected annually, and assembled in Congress on the first Monday in November of every year. The state legislatures also assembled annually, and the opinion was well nigh universal among the people that the annual meeting of the legislature was not only convenient, but necessary as a check on the executive department, which, if left too long in control of public affairs without legislative supervision, might come to possess a disproportionate influence, and thus endanger the public liberty. Hence it is, that the Constitution, embodying the prevailing opinion and practice, requires Congress to assemble, at least, once in every year.

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