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CONSTITUTION OF THE U. STATES.
[BOOK III.
power of the house of representatives to punish for contempts, (which are breaches of privileges, and offences not defined by any positive laws,) has been upheld by the Supreme Court, stands upon similar grounds; for if the house had no jurisdiction to punish for contempts, until the acts had been previously defined, and ascertained by positive law, it is clear, that the process of arrest would be illegal.[1]
§ 798. In examining the parliamentary history of impeachments, it will be found, that many offences, not easily definable by law, and many of a purely political character, have been deemed high crimes and misdemeanours worthy of this extraordinary remedy. Thus, lord chancellors, and judges, and other magistrates, have not only been impeached for bribery, and acting grossly contrary to the duties of their office; but for misleading their sovereign by unconstitutional opinions, and for attempts to subvert the fundamental laws, and introduce arbitrary power.[2] So, where a lord chancellor has been thought to have put the great seal to an ignominious treaty; a lord admiral to have neglected the safe-guard of the sea; an ambassador to have betrayed his trust; a privy counsellor to have propounded, or supported pernicious and dishonourable measures; or a confidential adviser of his sovereign to have obtained exorbitant grants, or incompatible employments;—these have been all deemed impeachable- ↑ Dunn v. Anderson, 6 Wheat. R. 204; Rawle on Constit. ch. 29, p. 271, 272.
- ↑ 2 Woodeson, Lect. 40, p. 602; Com. Dig. title Parliament, L. 28 to 40.
States by recurrence to the common law, why may not the courts of the United States, under the express delegation of jurisdiction over "all crimes and offences cognizable under the authority of the United States," by the act of 1789, ch. 20, § 11, act in the same manner?
