ÆäÀÌÁö À̹ÌÁö
PDF
ePub
[ocr errors]

idents.

Vice Pres from 4 March 1825 to 3 March 1833; Martin Van Buren, from 4 March 1833 to 3 March 1837; Richard M. Johnson, from 4 March 1837 to 3 March 1841: John Tyler, from 4 March 1841 to 6 April 1841; George M. Dallas, from 4 March 1845 to 3 March 1849; Millard Fillmore, from 4 March 1849 to 10 July 1850; William R. King was elected in 1852 and was sworn as vice-president in 1853, in the island of Cuba, in accordance with act of 3d March, 1853. He died in Cuba, having never presided. John C. Breckinridge, from 4 March 1857 to 3 March 1861; Hannibal Hamlin, from 4 March 1861 to 3 March 1865; Andrew Johnson, from 4 March 1865 to 14 April 1865, when he was sworn as president in consequence of the assassination of Abraham Lincoln.

do the senate

What officers [5.] The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of President of the United States.

choose? 172. 86.

When does

dent?

38. This presiding-officer, under an act of Congress, becomes the the presiding President of the United States, in case of the death or disability of officer become presi- the president and vice-president. 1 St. § 9. p. 240; Brightly's Dig. 253. Pro tempore means for the time. But the law and practice is to elect a permanent presiding officer, who acts during the absence of the vice-president, and when the vice-president becomes President of the United States. The following is a list of these presiding officers, or presidents pro tempore:

172.

168 a.

26.

[blocks in formation]

Names of Presidents pro tem

pore of the Senate.

Abraham Baldwin..
Abraham Baldwin..
Stephen R. Bradley
Stephen R. Bradley
Stephen R. Bradley
John Brown
John Brown
Jesse Franklin
Joseph Anderson
Joseph Anderson
Joseph Anderson
Samuel Smith..
Samuel Smith.

[blocks in formation]

Attended.

7 Dec. 1801... .17 April 1802.

14 Dec 1802. .25 Feb. 1803.

Retired.

.14 Jan. 1802

3 May 1802 .18 Jau. 1803 .25 Feb. 1803

2 Mar. 1803.

17 Oct. 1803.

23 Jan. 1804.

3 Mar. 1803 6 Dec. 1803 9 Mar. 1804

27 Mar. 1804

10 Mar. 1804. .15 Jan. 1805.

..28 Feb. 1805.

2 Mar. 1805. 2 Dec. 1805. .18 Mar. 1806.

2 Mar. 1807. .16 April 1808. 28 Dec. 1808 .30 Jan. 1809.

4 Mar. 1809. .26 June 1809.. 27 Nov. 1809. 28 Feb. 1810.. .17 April 1810.

3 Dec. 1810. 23 Feb. 1811. .24 Mar. 1812.

2 Nov. 1812.

6 Dec. 1813. .18 April 1814. .19 Sept. 1814.

4 Dec. 1815.

John Gaillard.

John Gaillard.

John Gaillard.

2 Dec. 1816.

[blocks in formation]

2 Mar. 1805

3 Mar. 1805 .15 Dec. 1805 .21 April 1806

3 Mar. 1807 .25 April 1808

3 Mar. 1809

7 Mar. 1809 .28 June 1809 .18 Dec. 1809

1 May 1810 .11 Dec. 1810

3 Mar. 1811 6 July 1812 3 Mar. 1813 3 Feb. 1814 .18 April 1814

2 Mar. 1815 30 April 1815 3 Mar. 1817

6 Mar. 1817 .18 Feb. 1818 .20 April 1818

5 Jan 1819 3 Mar. 1819 26 Dec. 1819 .15 May 1820

3 Mar. 1821 .27 Dec. 1821

8 May 1822 2 Dec. 1822 3 Mar. 1823 20 Jan. 1824 .27 May 1824

3 Mar. 1825 9 Mar. 1825 20 Mar. 1825

Jonn Gaillard.

John Gaillard. John Gaillard. Nathaniel Macon Nathaniel Macon Nathaniel Macon

[blocks in formation]
[blocks in formation]

Samuel Smith.

Littleton W. Tazewell Hugh Lawson White Hugh Lawson White George Poindexter John Tyler.... William R. King. William R. King. William R. King. William R. King. William R. King. William R. King. William R. King. William R. King. William R King. William R. King. William R. King. William R. King. Samuel L. Southard Samuel L. Southard Samuel L. Southard Willie P. Mangum.. Willie P. Mangum, Willie P. Mangum Willie P. Mangum. Willie P. Mangum.. David R. Atchison.. David R. Atchison.. David R. Atchison. David R. Atchison. David R. Atchison.. David R. Atchison. David R. Atchison David R. Atchison David R. Atchison.. David R. Atchison. David R. Atchison. William R. King William R. King William R. King William R. King William R. King David R. Atchison.

6 Dec. 1830. 1 Mar. 1831. 5 Dec. 1831. 9 July 1832. 3 Dec. 1832.

2 Dec. 1833.

28 June 1834. 3 Mar. 1835. July 1836. .28 Jan. 1837.

7 Mar. 1837. .13 Sept. 1837. 2 July 1838. 3 Dec. 1838. .25 Feb. 1839.

2 Dec. 1839. 3 July 1840. 7 Dec. 1840. 2 Mar. 1841. 4 Mar. 1841. 11 Mar. 1841 .31 May 1841.

6 Dec. 1841 .31 May 1842.

5 Dec. 1842. 4 Dec. 1843. 2 Dec. 1844. 4 Mar. 1945. 8 Aug. 1846. .1! Jan. 1847.

3 Mar. 1847 2 Feb. 1848.

1 June 1848. 26 June 1848. .29 July 1848..

4 Dec. 1848. 26 Dec. 1848. 2 Mar. 1849.

5 Mar. 1849 6 May 1850. 11 July 1850

2 Dec. 1850.
1 Dec. 1851

1 Dec. 1852.

.20 Dec. 1852.

Retired.

26 May 1828 21 Dec. 1828 .17 Mar. 1829 .13 Dec. 1829 .31 May 1830 2 Jan. 1831 3 Mar. 1831 11 Dec. 1831 16 July 1832

2 Mar. 1833 15 Dec. 1833 30 June 1834

3 Mar. 1835 4 July 1836 3 Mar. 1837 10 Mar. 1837 12 Sept. 1837

16 Oct. 1837 .18 Dec. 1838

3 Mar 1839 ..26 Dec. 1839

.21 July 1840 .15 Dec. 1840

3 Mar. 1841 4 Mar. 1841

.15 Mar. 1841 13 Sept. 1841 .30 May 1842 .31 Aug. 1842

3 Mar. 1843 .17 June 1844

3 Mar. 1845 4 Mar. 1845 .10 Aug. 1846 14 Jan. 1847 3 Mar. 1847 8 Feb. 1848 .14 June 1848

29 June 1848 .14 Aug. 1848 4 Dec. 1848 1 Jan. 1849 3 Mar. 1849 .23 Mar. 1849 .19 May 1850 .30 Sept. 1850

3 Mar. 1851 .31 Aug. 1852 .20 Dec. 1852

3 Mar. 1853

[blocks in formation]

peachments

[6.] The senate shall have the sole power to try all How are im impeachments. When sitting for that purpose, they tried? shall be on oath or affirmation. When the President 319-327. of the United States is tried, the Chief-Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Two thirds?

39. For the doctrine of impeachment, see Peck's Trial, speeches 27, 191–194. for the prosecution and defence: Reports and Debates on the Impeachment of the President, December, 1867. A judgment of impeachment in the English House of Lords requires that at least twelve of the members should concur in it; and "a verdict by less than twelve would not be good." Com. Dig. Parliament. L. 17. The reasons why this power of impeachment was given to the senate are fully discussed in the Federalist, and in Story on the 36, 37. Const.. and Rawle on the Const. Story's Const, § 743-775, and notes. The interest of the vice-president is supposed to disqualify Where are him. Story's Const., § 777. For the action of the senate upon the impeachimpeachment see the journal or record of the senate on trials of ment trials impeachment, from March 4,-1780, to March 3, 1851: 1. On the trial of William Blount, a senator of the United States, from December 17, 1798, to January 15, 1799: 2. On the trial of John Pickering, Judge of the New Hampshire District, from March 3, 1803, to March 12, 1803; 3. On the trial of Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, from November 30. 1804, to March 1, 1805. The preceding cases will be found as an appendix to the third volume of the Legislative Journal of the Senate; 4. On the trial of James H. Peck, Judge of the Missouri District, from May 11, 1830, to May 25, 1830; and from December, 13, 1830, to January 31, 1831.

The

to be found?

319.

proceedings in this case will be found as an appendix to the Legis. lative Journal of the Senate of 1830, 1831, and also in volumes called Peck's Trial, Blount's Trial, Pickering's Trial, and Chase's 27, 191, 194. Trial. For the mode of trial in cases of impeachment, see Story's Const., 807-810; 2 Woodeson's Lect., 40, p. 603, 604; Jefferson's Manual, $53.

What is the

Senators?

The form of oath adopted by the Senate in Chase's case was as oath of the follows: "You solemnly swear or affirm, that in all things appertaining to the trial of the impeachment of - you will do impartial justice according to the Constitution and laws of the United States." (Chase's Trial. vol. 1, p. 12.) Report upon the impeachment of the President, 62.

What is the question?

What is the judgment in impeach

ment?

328.

What means

27, 89. 149. 191, 194.

The question in Pickering's Case was: "Is John Pickering, district judge of the district of New Hampshire, guilty as charged in the article of the impeachment exhibited against him by the House of Representatives ?" Anuals 2d Session 8th Cong. 364. In Chase's trial it was: "Mr.how say you; is the respondent, Samuel Chase, guilty or not guilty of a high crime or misdemeanor, as charged in the article of impeachment?" Ibid 2d Session 8th Congress, 564.)

[7] Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold or enjoy any office 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.

40. JUDGMENT here means the conclusion of law from the judgment? facts found upon the charges preferred by the House. In the trial of Judge Peck for having disbarred a lawyer, the defence was mainly rested upon the right of the court to punish for contempt, and the want of malice in the judge. Peck's Trial. Some have questioned whether if the defendant be found guilty, the judgment judgment be can be less than removal from office. Story's Const. 803. Shall not short of re- extend further, does not mean shall not exceed or fall short, but be exactly removal and disqualification, and nothing else. Farrar, p. 434., note 1.

Can the

moval?

How far does

extend?

In England the punishment extends to the whole punishment attached by law to the offense. (Comyn's Dig. Parliament, L. 41; 2 Woodeson. Lect. 40. p. 611-614), Story's Const., § 784. The sentence is limited to political punishment, and the party left to a trial for the criminal violation of the law by a jury. Story's Const. § 786.

DISQUALIFICATION.-The punishment touches neither his person the sentence nor property; but simply divests him of his political capacity. Mr. Bayard, Blount's trial, 47-68, Phila., 1799. Id. 82. Story's Const., § 803.

« ÀÌÀü°è¼Ó »