Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/263

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CH. X.]
THE SENATE.
255

tion from office, attracted much attention, until a late period of its deliberations.[1] The adoption of it was not, however, without some difference of opinion; for it passed only by the vote of seven states against three.[2] The reasons, on which this opposition was founded, do not appear; and in the state conventions no doubt of the propriety of the provision seems to have been seriously entertained.

§ 786. In order to complete our review of the constitutional provisions on the subject of impeachments, it is necessary to ascertain, who are the persons liable to be impeached; and what are impeachable offences. By some strange inadvertence, this part of the constitution has been taken from its natural connection, and with no great propriety arranged under that head, which embraces the organization, and rights, and duties of the executive department. To prevent the necessity of again recurring to this subject, the general method prescribed in these commentaries will, in this instance, be departed from, and the only remaining provision on impeachments be here introduced.

§ 787. The fourth section of the second article is as follows: "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 misdemeanours."[3]

§ 788. From this clause it appears, that the remedy
  1. Journal of the Convention, p. 227, 302, 353.
  2. Journal of the Convention, p. 227, 302. See 3 Elliot's Debates, 43 to 46; id. 53 to 57; id. 107, 108.
  3. In the convention, the clause, making the president liable to removal from office on impeachment and conviction, was not unanimously agreed to; but passed by a vote of eight states against two.[a 1]
  1. Journal of Convention, p. 91, 194, 211.