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CONSTITUTION OF THE U. STATES.
[BOOK III.
Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/284
as shall be appointed for that purpose by the senate.[1] A time is then assigned for the trial; and the senate, at that period or before, adjust the preliminaries and other proceedings proper to be had, before and at the trial, by fixed regulations; which are made known to the house of representatives, and to the party accused.[2] On the day appointed for the trial, the house of representatives appear at the bar of the senate, either in a body, or by the managers selected for that purpose, to proceed with the trial.[3] Process to compel the attendance of witnesses is previously issued at the request of either party, by order of the senate; and at the time and place appointed, they are bound to appear and give testimony. On the day of trial, the parties being ready, the managers to conduct the prosecution open it on behalf of the house of representatives, one or more of them delivering an explanatory speech, either of the whole charges, or of one or more of them. The proceedings are then conducted substantially, as they are upon common judicial trials, as to the admission or rejection of testimony, the examination and cross-examination of witnesses, the rules of evidence, and the legal doctrines, as to crimes and misdemeanours.[4] When the whole evidence has been gone through, and the parties on each side have been fully heard, the senate then proceed to the consideration of the case. If any debates arise, they are conducted in secret; if none arise, or after they are ended, a day is assigned for a final public decision by yeas and nays upon each separate charge in the articles of impeachment. When the court is assembled for this purpose, the question is
