Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/265

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CH. X.]
THE SENATE.
257

to accept office, he would voluntarily incur all the additional responsibility growing out of it. If impeached for his conduct, while in office, he could not justly complain, since he was placed in that predicament by his own choice; and in accepting office he submitted to all the consequences. Indeed, the moment it was decided, that the judgment upon impeachments should be limited to removal and disqualification from office, it followed, as a natural result, that it ought not to reach any but officers of the United States. It seems to have been the original object of the friends of the national government to confine it to these limits; for in the original resolutions proposed to the convention, and in all the subsequent proceedings, the power was expressly limited to national officers.[1]

§ 789. Who are "civil officers," within the meaning of this constitutional provision, is an inquiry, which naturally presents itself; and the answer cannot, perhaps, be deemed settled by any solemn adjudication. The term "civil" has various significations. It is sometimes used in contradistinction to barbarous, or savage, to indicate a state of society reduced to order and regular government. Thus, we speak of civil life, civil society, civil government, and civil liberty; in which it is nearly equivalent in meaning to political.[2] It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those, which are public, and relate to the government. Thus, we speak of civil process and criminal process, civil jurisdiction and
  1. Journal of Convention, 69, 121, 137, 226.
  2. Johnson's Dictionary, Civil; 1 Black. Comm. 6, 125, 251; Montesq. Spirit of Laws, B. 1, ch. 3; Rutherforth's Inst. B. 2, ch. 2, p. 23; id. ch. 3, p. 52; id. ch. 8, p. 359; Heinec. Elem. Juris. Nat. B. 2, ch. 6.

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