pared and managed by the house of Representatives, and is tried before the Senate.* In the case of a State officer, the lower house of the Legislature conducts the impeachment before the State Senate. The Chief Justice of the Supreme Court presides over the Senate, when sitting as a Court of Impeachment. 4. What rights are secured to public officers under impeachment? The accused has substantially the same rights that are guaranteed to persons accused of crime before the ordinary courts of law. The trial is conducted in a manner similar to that of a criminal indictment by a grand jury.† 5. What are the limits to the punishments that can be inflicted by the Senate on impeachment ? A. Removal from office. B. Disqualification to hold and enjoy any office of honor, trust or profit under the Federal or State government, as the case may be. But the party found guilty, may be further indicted and punished by the ordinary courts, if his offense be amenable to the criminal laws. Thus, a judge, removed from office on impeachment for accepting a bribe, may also be prosecuted for the offense against the law, and sentenced to the State prison. § 6. For what offenses may public officers be impeached? The United States Constitution says: "The President, Vice President and all civil officers of the * United States Const., Art. I, Sec. 2, Clause 5. Ib., Art. I, Sec. 3, Clause 6. + Townsend's Analysis, 147. + United States Const., Art. I, Secs. 3, 7. Also, Cal. Penal Code, 1872, Sec. 749. § New York Penal Code, Sec. 126. 4. What rights are secured to public officers under impeachment? How is the trial conducted? 5. What is the limit to the punishment that can be inflicted by the Senate on impeachment? If the offense be also amenable to the laws, what further punishment may be inflicted, and by what authority? 6. For what offenses may public officers be impeached? Quote the clause from the Federal Constitution on this topic? United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. *** 7. Why is impeachment provided for in all our Constitutions, and yet so carefully guarded as to its limits, its mode of procedure, and its punishment? A. It is provided, because without it there would be no means of dispossessing a corrupt or disloyal officer (above the grade of appointee, who is removable at the pleasure of the Executive) until the expiration of his term of office; whereby the public interests might suffer. B. It is limited to the charges of "treason, bribery or other high crimes or misdemeanors," because otherwise, party zeal or popular clamor might procure the disgrace and removal of good officers belonging to the opposite party, on frivolous pretences; thus endangering not only the rights of the persons impeached, but of the public, to the extent of the interests confided to the care of such officers. C. It is limited as to punishment, because such offenses as constitute a disqualification to hold office must in the nature of things be passed upon separately from the penalties visited by ordinary punishment upon ordinary citizens. For instance, a Governor may commit a murder. Though he be Governor he is, nevertheless, as liable to be hung for such a crime as any one else. But it would be a great public inconvenience as well as scandal, were the chief officer of a State to retain his office while undergoing a trial, imprisonment and execution for a murder. Therefore, he must be first stripped of his office, and then as a private citizen let him be handed over to the criminal courts to be dealt with as usual. On the other hand, were impeach * Art. II, Sec. 4. 7. Why is impeachment provided for in all our constitutions? Why is it limited to treason, bribery, and other high crimes and misdemeanors? Why is it limited as to punishment? ment to include the ordinary criminal punishment for the crime committed, the Legislature, while engaged in an impeachment case, would be interfering with the Judiciary. (See Lesson V.) 8. How are unfaithful subordinate state officers removed? By information, followed by trial and conviction for malfeasance in a State court.* 9. Is impeachment purely an American institution ? No. For it was derived by the United States from England. But it exists nowhere else than in these two countries; and its use in England is much more limited than in America. LESSON XXXIV. OF THE RIGHTS OF PROPERTY. 1. Next to life and liberty, it is the duty of the Government to protect all its citizens alike in their rights to acquire, enjoy, and dispose of property. Every individual in the United States is entitled to the absolute ownership of the proceeds of his labor, industry, knowledge and skill; to the savings or accumulation thereof, generally called "capital"; to the earnings of that capital in profits, rents, interest or by dividends; and to such property as he may acquire through gift or inheritance. There are two departments of the law which protect the individual in these rights, viz: The criminal law, and civil law. * See Cal. Statutes, Act of 1853. 8. How are subordinate State officers removed for malfeasance? 9. Is impeachment purely an American institution? 1. What important right next to life and liberty must be protected by the Government? To what property is every citizen entitled? What two departments of law protect the individual in his right to property? PROTECTION TO PROPERTY BY THE CRIMINAL LAW. 2. In the classification of crimes quoted in Lesson XXVIII, 3, were enumerated offenses against habitations and other buildings, such as arson and burglary; offenses against property, such as robbery, larceny, receiving stolen goods, embezzlement, destroying title deeds; forgery and counterfeiting; offenses by cheats and swindlers, etc. All these offenses against property are both public and private wrongs. We have already seen in what manner the public wrong is ascertained and punished. The private wrong is remedied by restoration of the thing stolen, or its value. Stolen property of every description must be returned to the true owner thereof.* Even though the thief may have sold it to an honest purchaser, that purchaser is compelled by the law to surrender it to the lawful owner on his proof of a clear title to it. † And in case the property has been destroyed, or made away with so that it cannot be restored, then the law gives to the sufferer a claim for its value upon the person who has unlawfully deprived him of it, together with damages for the further loss and inconvenience occasioned by its detention.‡ "Government is bound to assist the rightful owner of property in recovery of the possession of it, when it has been unjustly lost."§ PROTECTION TO PROPERTY BY THE CIVIL LAW. 3. But there are a thousand occasions for dispute about property between individuals, wherein one seeks to get *New York Crim. Proc., 759. + Kent's Com., II, 323. ‡ New York P. C., 783. 8. What crimes against property can you enumerate? Are these offenses both public and private wrongs? Why? Are there therefore both public and private remedies therefor? What is the remedy for the public wrong? What for the private wrong? 8. Describe what you understand to be a civil suit? How do such actions arise? Does the government undertake the settlement of disputes about property between possession of his neighbor's lands, goods, or money, without committing any crime, or in which neither party is guilty of any wrong, yet they cannot agree about the matter at issue. For the settlement of such cases, (which are termed civil suits) courts are everywhere provided; each sitting at stated terms in its own district, and administering the law according to the circumstances of each case. Attorneys are generally engaged by both parties, but their fees and all other expenses of the suit are paid by the parties thereto. In case of error by the judge and in several other cases, the party aggrieved has the right of appeal, or of a new trial. Appeals may be taken always to at least one higher court, sometimes to a third and fourth one. Every step in every suit is carefully prescribed by law, so as to prevent injustice, and secure perfect fairness between the parties. And to preclude any attempt at tyranny by the judges, the Federal Constitution provides: "That the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.* It also contains the following provisions: "No one shall be deprived of property, without due process of law." "In all cases at common law wherein the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."+ Should any judge accept a bribe, that is, take money or other gift from one side as the price of a judgment against the other, (a very common crime in half civilized, corrupt, * Art. IV, of Amendments. † Art. V, of Amendments. individuals? By what means? Are the rights of the parties to civil suits carefully guarded by law? How about appeals? New trials? Jury trials? Attorney? Who pays the cost of civil suits? What Constitutional provision precludes tyranny by the Judges? Repeat the other clauses quoted from the Constitution on this subject? What is the punishment for judicial bribery? |