all impeachments.[1] When
sitting for that purpose, they shall be on oath or affirmation.[2] When
the president of the United States is tried, the chief Justice shall
preside;[3] and no person shall be convicted without the concurrence of
two-thirds of the members present.[4] Judgement in cases of impeachment
shall not extend further than to removal from office, and disqualification
to hold and enjoy any office of honor, trust or profit, under the United
Sates;[5] but the party convicted shall, nevertheless, be liable and
subject to indictment, trial, judgment and punishment, according to
law.[6]_

[1] For the mode of conducting impeachments, see pages 131 and 331.

To have impeachments tried by a court of law would be unwise for several
reasons: In the first place, judges should be kept free from political
contests, in order that they may retain the proper judicial frame of mind.
In the second place, judges are appointed by the executive, who may be the
one impeached. Lastly, a judge is himself subject to impeachment.

[2] To enhance the solemnity of the occasion. The British House of Lords
when sitting as a high court of impeachment is not under oath. But courts
usually are.

[3] The vice-president, having interest in the result, would be
disqualified. The chief justice, from the dignity of his station and his
great experience in law, seems the fittest person to preside on such a
grave occasion. Except in this single instance, however, the
vice-president presides in trials on impeachment.

[4] In an ordinary court, the verdict of the jury must be unanimous. To
require similar agreement in this case would be to make it next to
impossible ever to convict. To allow a bare majority to convict would be
to place too little protection over a public officer.

[5] But for this provision abuses of power might occur in times of
political excitement and strife. The question which the Senate settles is
simply whether, in view of the evidence, the accused is or is not worthy
to hold public office.

[6] This provision was inserted to prevent an official who had been
deposed for crime from pleading the principle that "No one can be twice
tried and punished for the same offense."

WRITTEN EXERCISE.

COMPARATIVE TABULATION.

POINTS CONSIDERED. HOUSE OF R. SENATE

Number...............................................
Age
Qualifications......Citizenship......................