Page:The New International Encyclopædia 1st ed. v. 10.djvu/576

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IMPEACHMENT. 502 IMPERIAL FEDERATION. that one in 1805. The proceeding is practically obsolete there. In the United States, however, it is still a liv# and vigorous institution. The court for llie trial of inipeacliment is accounted the very capstone of our judicial systems. Federal as well as State. Its existence is secured and its organization is regu- lated by national and State constitutions. For example, the organic law of tlic I'nion provides that "the House of lU-presentatives shall liave the sole power of inipeacluncnt" (.rt. 1., Sec. 2, cl. 5), and "the Senate shall have the sole power to try all impeachments. When sitting for that purpose." it is declared, "they shall be on oath or adirmation. When the President of the United States is tried, the Chief Justice shall pre- side; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further tlian to the removal from ofliee and disqualilication to hold and enjoy any ollice of honor, trust, or profit under the United States, but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law." (.rt. I., Sec. 3, el. G and 7.) The Constitu- tion further provides that "the President . . . shall have power to grant reprieves and pardons for ofTenscs against the United States, except in cases of impeachment" (.rt. II., See. 2, cl. 1) ; and again, "the President, Vice-President and all civil ollicers of the United States, shall he re- moved from ollice on impeachment for, and con- viction of, treason, bribery, or other high crimes and misdemeanors." (Art. II., Sec. 4.) Similar provisions arc contained in nearly every State constitution, although a few States remit im- peachment trials to the ordinary courts of jus tice. It will be obsen-ed that this extraordinary proceeding is limited by the Federal Constitu- tion to the punishment of Federal oflieers. Can a Federal oflicer escape impeachment by resign- ing his ofliee? The Senate decided in the case of Belknap, by a vote of .37 to 29, that he cannot. On the other hand, the Supreme Court of Ne- braska has held that the prime object of impeach- ment proceedings is to protect the State from official misconduct, and that as soon as an officer resigns, the reason for resorting to these pro- ceedings ceases. Thereafter, the offender is to be prosecuted like any other criminal by indictment and trial in the proper judicial tribunal. Differences of opinion have developed, also, in this country concerning the nature of impeach- able offenses. .According to one view, only such official misconduct as renders the wrongdoer liable to indictment will warrant an impeach- ment: while another view is that this proceeding was intended to be very elastic and comprehen- eive. and to be applicable to every sort of olli- cial misdemeanor which is subversive of any fundamental or essential principle of govern- ment or highly prejudicial to the public inter- ests. This view was adopted by the House of Representatives in preparing its articles of im- peachment of President Johnson, and has been approved by the Supreme Court of Nebraska. It has been embodied in the constitutions of some of the States. The literature upon this topic is quite exten- sive, both in England and in this country. See Blackstone, Commentaries; Anson, Law and Custom of the Constitution (Oxford, 1886) ; Stephen, history of the Criminal Law of lung- land (London, 1883) ; May, I'arliamcntary J'rac- lice (lOlh ed., London, iuOl); Pike, t'oiis/i(u- lional History of the House of Lords (London, 1894) ; Poore, Federal and titate Const it utiont (Washington, 1877) ; C American Law Reijistcr, S. S. 257. 641; Htate v. Hastings, 37 Nebraska Reports, 9fl (1893) : Story, Conime/i/ories on the Constitution (Boston, 1882); Addison Trial (Lancaster, 1803); Chase's Trial (Baltimore, (1805); Peck's Trial (Boston, 1883); Prcacott's Trial (Boston, 1821) ; Imiinuhmcnt of President Johnson ( Wa-iliington, ISt'iS) ; Jtrlknap's Trial (Washington, 187(i) ; Mechem, On the Laic of I'lihlic O/lircs and tl/ficers (Chicago, 1890). IMPEACHMENT OF WASTE (liability for waste). An expression of English law used to denote the liability of tenants for life or years for waste committed by them upon the estate. The phrase is commonly emploj-ed in connection with a lease of land for life or for a term of years, when an estate is given to such a tenant, "without im[)eaclinicnt of waste." He is then en- titled to cut timber, and do many things on the estate whidi otherwise be would be unable to do. The privilege so granted is, liowever, not unlimit- ed, but is confined to such reasonable use of the land as is included within the description of 'or- dinary waste,' such as the cutting of timber for building and repairs, the improvement of the estate, etc. If the tenant abuses the riglit and attempts to cut down ornamental timber, for ex- ample, or deface the family mansion, the Court of Chancery will interfere by injunction to re- strain the unauthorized waste. See Waste. IMPENDING CRISIS, The. See Helper, HlXTiiN KowAX. IMPERATIVE. CATF.GonicAL. See Categor- ical iMI'KllA'riVF. ; Eturs. IMPERATIVE MOOD. See Conjugation. IMPERATOR. Sec E.iperob. IMPERIAL CHAMBER (Ger. Rcichskanv- merfinichl) . One of the two highest courts of the Holy Roman Empire, coiirdinate with the .ulic Council (q.v.). It was created in 149.') by the Emjieror Maximilian under pressure of the princes of the Empire, whose influence was great- ly strengthened by the erection of the new tribu- nal. It was composed of a president nominated by the Emperor, two vice-presidents, and a num- ber of associate judges, varying at difreront times from sixteen to fifty, selected partly from arnrpiig njcn learned in the law and partly from the ranks of the nobility. Its jurisdiction ineludeil pri- marily all cases involving the princes of the Em- pire, but it sat also as the highest court of appeal in civil ca.ses involving the interests of the member of any estate. It also offered redress for any refusal, delay, or miscarriage of justice on the part of any inferior court. Its sessions were held at Frankfort, Speyer. and, after 1()93, at Wetzlar. It exercised a profound influence on the development of the civil codes in the various territories of the Empire. See the article Holt Ron N i;>triKK. IMPERIAL CITY, The. A title fre(|uently given 111 Itonie. IMPERIAL EAGLE. See Eaole. IMPERIAL FEDERATION. A plan to unite the different parts of the British Empire