resort may be had to the constitution itself; but for the definition of bribery, resort is naturally and necessarily had to the common law; for that, as the common basis of our jurisprudence, can alone furnish the proper exposition of the nature and limits of this offence. The only practical question is, what are to be deemed high crimes and misdemeanours? Now, neither the constitution, nor any statute of the United States has in any manner defined any crimes, except treason and bribery, to be high crimes and misdemeanours, and as such impeachable. In what manner, then, are they to be ascertained? Is the silence of the statute book to be deemed conclusive in favour of the party, until congress have made a legislative declaration and enumeration of the offences, which shall be deemed high crimes and misdemeanours? If so, then, as has been truly remarked,[1] the power of impeachment, except as to the two expressed cases, is a complete nullity; and the party is wholly dispunishable, however enormous may be his corruption or criminality.[2] It will not be sufficient to say, that in the cases, where any offence is punished by any statute of the United States, it may, and ought to be, deemed an impeachable offence. It is not every
↑Upon the trial of Mr. Justice Chase, in 1805, it was contended in his answer and defence, that no civil officer was impeachable, but "for treason, bribery, corruption, or some high crime or misdemeanour, consisting in some act done or omitted, in violation of law, forbidding or commanding it." "Hence it clearly results, that no civil officer of the United States can be impeached, except for some offence, for which he may be indicted at law; and that no evidence can be received on an impeachment, except such, as, on an indictment at law for the same offence, would be admissible."[a 1] The same doctrine was insisted on by his counsel.[a 2]
