§ 803. It is not intended to express any opinion in these commentaries, as to which is the true exposition of the constitution on the points above stated. They are brought before the learned reader, as matters still sub judice, the final decision of which may be reasonably left to the high tribunal, constituting the court of impeachment, when the occasion shall arise.
§ 804. This subject may be concluded by a summary statement of the mode of proceeding in the institution and trial of impeachments, as it is of rare occurrence, and not governed by the formalities of the ordinary prosecutions in courts at law.
§ 805. When, then, an officer is known or suspected to be guilty of malversation in office, some member of the house of representatives usually brings forward a resolution to accuse the party, or for the appointment of a committee, to consider and report upon the charges laid against him. The latter is the ordinary course; and the report of the committee usually contains, if adverse to the party, a statement of the charges, and recommends a resolution, that he be impeached) therefor.[1] If the resolution is adopted by the house, a committee is then appointed to impeach the party at the bar of the senate, and to state, that the articles against him will be exhibited in due time, and made good before the senate; and to demand, that the senate take order tor the appearance of the party to answer to the impeach-- ↑ Com. Dig. Parliament, L. 20; 2 Woodeson, Lect. 40, p. 603, 604; Jefferson's Manual, sect. 53.
meanor entirely inconsistent with his public trust and duty, as a senator." The offence charged was not defined by any statute of the United States. It was for an attempt to seduce an United States Indian interpreter from his duty, and to alienate the affections and confidence of the Indians from the public officers residing among them, &c. Journ. of Senate, 8th July, 1797; Sergeant on Const. Law, ch. 28, p. 286, 287.
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