do the senate from 4 March 1825 to 3 March 1833; Martin Van Buren, from 4 March 1833 to 3 March 1837; Richard M. Johnson, from 4 March 1837 to 3 March 1841; John Tyler, from 4 March 1841 to 6 April 1841; George M. Dallas, from 4 March 1845 to March 1849; Millard Fillmore, from 4 March 1849 to 10 July 1850; William R. King was elected in 1852 and was sworn as vice-president in 1853, in the island of Cuba, in accordance with act of 3d March, 1853. He died in Cuba, having never presided. John C. Breckinridge, from 4 March 1857 to 3 March 1861; Hannibal Hamlin, from 4 March 1861 to 3 March 1865; Andrew Johnson, from 4 March 1865 to 14 April 1865, when he was sworn as president in consequence of the assassination of Abraham Lincoln. What officers [5.] The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of President of the United States. choose? 172. 36. When does officer be come presi- 38. This presiding-officer, under an act of Congress, becomes the the presiding President of the United States, in case of the death or disability of the president and vice-president. 1 St. § 9, p. 240; Brightly's Dig. 253. Pro tempore means for the time. But the law and practice is to elect a permanent presiding officer, who acts during the absence of the vice-president, and when the vice-president becomes President of the United States. The following is a list of these presiding officers, or presidents pro tempore: 168 a. 26. Names of Presidents pro tempore of the Senate. Abraham Baldwin.. Jesse Franklin Joseph Anderson William H. Crawford. Attended. 1802. 7 Dec. 1801 .17 April 1802. 14 Dec 25 Feb. 1803. 2 Mar. 1803. 17 Oct. 1803. 23 Jan: 1804. 10 Mar. 1804. 15 Jan. 1805. 28 Feb. 1805. 2 Mar. 1805. 2 Dec. 1805. .18 Mar. 1806. 2 Mar. 1807. .16 April 1808. 28 Dec. 1808 30 Jan. 1809. 4 Mar. 1809. 26 June 1809. 27 Nov. 1809. .28 Feb. 1810 .17 April 1810. 3 Dec. 1810 23 Feb. 1811. 24 Mar. 1812. 2 Nov. 1812. 6 Dec. 1813. .18 April 1814. .19 Sept. 1814. 4 Dec. 1815. 2 Dec. 1816. 1 Dec. 1817. .31 Mar. 1818. .16 Nov. 1818. .15 Feb. 1819.. John Gaillard. John Gaillard. John Gaillard. John Gaillard. 4 Mar. 1817. John Gaillard. John Gaillard. John Gaillard. James Barbour James Barbour John Gaillard. John Gaillard. John Gaillard. John Gaillard. John Gaillard. John Gaillard John Gaillard. Jonn Gaillard. John Gaillard. John Gaillard. Nathaniel Macon Nathaniel Macon Nathaniel Macon 6 Dec. 1819. .25 Jan. 1820. .13 Nov. 1820. 3 Dec. 1821. 1 Feb. 1822. 2 Dec. 1822. .19 Feb. 1823. 1 Dec. 1823. .21 May 1824. 6 Dec. 1824. 9 Mar. 1825. 20 May 1826. 2 Jan. 1827. 2 Mar. 1827. Retired. 14 Jan. 1802 3 May 1802 18 Jan. 1803 25 Feb. 1803 3 Mar. 1803 6 Dec. 1803 9 Mar. 1804 .27 Mar. 1804 2 Mar. 1805 3 Mar. 1805 .15 Dec. 1805 .21 April 1806 3 Mar. 1807 .25 April 1808 3 Mar. 1809 7 Mar. 1809 28 June 1809 18 Dec. 1809 1 May 1810 .11 Dec. 1810 3 Mar. 1811 6 July 1812 3 Mar. 1813 3 Feb. 1814 .18 April 1814 2 Mar. 1815 .30 April 1815 3 Mar. 1817 6 Mar. 1817 .18 Feb. 1818 .20 April 1818 5 Jan. 1819 3 Mar. 1819 26 Dec. 1819 .15 May 1820 3 Mar. 1821 .27 Dec. 1821 8 May 1822 2 Dec. 1822 3 Mar. 1823 20 Jan. 1824 .27 May 1824 3 Mar. 1825 9 Mar. 1825 20 Mar. 1825 .13 Feb. 1827 3 Mar. 1827 do the senate choose? from 4 March 1825 to 3 March 1833; Martin Van Buren, from 4 What officers [5.] The senate shall choose their other officer 172. 36. When does officer be dent? 38. This presiding-officer, under an act of Congress, be the presiding President of the United States, in case of the death or d come presi- the president and vice-president. 1 St. § 9, p. 240; Brig 253. Pro tempore means for the time. But the law at is to elect a permanent presiding officer, who acts absence of the vice-president, and when the vice-preside President of the United States. The following is a presiding officers, or presidents pro tempore:— 172. 168 a. 26. Name the presiding officers. Names of Presidents pro tem- Attended. 6 April 1789. 7 Aug. 1789. .18 April 1792. 5 Nov. 1792. 1 Mar. 1793 4 Mar. 1793. .31 May 1794. 3 Nov. 1794. 20 Feb. 1795. 7 Dec. 1795 6 May 1796. .16 Feb. 1797. 6 July 1797. .22 Nov. 1797. 27 June 1798. .17 July 1798. 6 Dec. 1798. 1 Mar. 1799. 28 Feb. 1801... 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. notes. 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 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, from May 11, 1830, to 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? you will do 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 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? 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. What means 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 moval? exactly removal and disqualification, and nothing else. Farrar, p. 434., note 1. Can the How far does the sentence 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 nor property; but simply divests him of his political capacity. extend? Mr. Bayard, Blount's trial, 47-68, Phila., 1799. Id. 82. Story's Const., § 803. |