chief of all the militia, and admiral of the navy of this state; that he shall have power to convene the assembly and senate on extraordinary occasions, to prorogue them from time to time, provided such prorogations shall not exceed sixty days in the space of any one year; and at his discretion to grant reprieves and pardons to persons convicted of crimes, other than treason or murder, in which he may suspend the execution of the sentence, until it shall be reported to the legislature at their subsequent meeting; and they shall either pardon or direct the execution of the criminal, or grant a further reprieve-18th sect. of the const. of N. Y. The mode in which the legislature adjourn, is, by adopting a resolution of the following form: viz:

Resolved, (if the honorable the Senate concur herein) that this Legislature will adjourn on the

day of

When it was said above, that all matters depending before parliament, were discontinued by the determination of the session, it was not meant for judiciary cases, depending before the house of Lords, such as impeachments, appeals and writs of error, These stand continued of course to the next session. Rayn. 120, 381. Ruff'h, Jac. L. D. Parliament.

Impeachments stand in like manner continued before the Senate of the United States. In like manner the business of the court of errors of this state is continued before the said court. But any Legislative business unfinished at the time of the close of the session, goes for none; and if any of it is to be again acted upon, it must be taken up de novo.

SECTION 53.

IMPEACHMENT.

THE House of Representatives shall have the sole power of impeachment.-Const. of the United States, I. 3.

The U. S. Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President 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. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. But the party convicted shall neverless be liable and subject to indictment, trial, judgment and punishment, according to law. -Const. of U. S. I, 3.

The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.-Constitution, II, 4:

The trial of crimes, except in cases of impeachment, shall be by jury.-Constitution, III. 2.

And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE AND DECLARE, That no member of this state shall be disfranchised or deprived of any of the rights or privileges secured to the subjects of this state, by this constitution, unless by the law of the land, or the judgment of his peers.-13th sect. constitution of N. Y.

And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE AND DECLARE, That a court shall be instituted for the trial of impeachments, and the correction of errors, under the regulations which shall be established by the legislature; and to consist of the president of the senate for the time being, and the senators, chancellor, and judges of the supreme court, or the major part of them; except that when an impeachment shall be prosecuted against the chancellor, or either of the judges of the supreme court, the person so impeached shall be suspended from exercising his office, until his acquittal: And in like manner, when an appeal from a decree in equity shall be heard, the chancellor shall inform the court of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined shall be brought up by writ of error on a question of law, on a judgment in the. supreme court, the judges of the court shall assign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal.-32d sect, const. of N. Y

That the power of impeaching all officers of the state, for mal and corrupt conduct in their respective offices, be vested in the representatives of the people in assembly; but that it shall always be necessary that two thirdparts of the members present shall consent to and agree in such impeachment. That previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence; and that no judgment of the said court shall be valid, unless it shall be assented to by two third-parts of the members then present, nor shall it extend farther than to removal from office, and disqualification to hold or enjoy any place of honor, trust or profit, under this state. But the party so convicted, shall be, nevertheless, liable and subject to indictment, trial, judgment and punishment, according to the laws of the land.-33d sect. const. of N. Y.

And it is further ordained, That in every trial on impeachment or indictment for crimes or misdemeanors, the party impeached or indicted, shall be allowed counsel, as in civil actions.-34th sect. const. of N. Y、

That no citizen of this state shall be taken or imprisoned, or be disseised of his or her freehold, or liberties, or free customs; or outlawed, or exiled, or condemued, or otherwise destroyed, but by lawful judgment of his or her peers, or by due process of law.-2d sec. bill of rights.

That no citizen of this state shall be taken or impris oned, for any offence, upon petition or suggestion, unless it be by indictment or presentment of good and lawful men of the same neighborhood where such deeds be done, in due manner, or by due process of law.-3d sec. bill rights. That no person shall be put to answer without presentment before justices, or matter of record, or due process of law, according to the law of the land; and if any thing be done to the contrary, it shall be void in law, and holden for error.-4th sec. bill of rights.

shall

That no person, of what state or condition soever, be taken or imprisoned, or disinherited, or put to death, without being brought to answer by due process of law; and that no person shall be put out of his or her franchise

or freehold, or lose his or her life or limb, or goods and chattels, unless he or she be duly brought to answer, and be fore-judged of the same, by due course of law; and if any thing be done contrary to the same, it shall be void in law and holden for none.-5th sec. bill of rights.

These are the provisions of the Constitution of the United States and state of New-York, on the subject of impeachments. The following is a sketch of some of the principles and practices of England on the same subject.

Jurisdiction. The Lords cannot impeach any to themselves, nor join in the accusation, because they are the judges, Seld. Judic. in Parl. 12, 63. (A work of doubtful authority.) 4 Hats. 153, 186. Nor can they proceed against a Commoner but on complaint of the Commons. Ib. 84. The Lords may not, by the law, try a Commouer for a capital offence, on the information of the king, or a private person; because the accused is entitled to a trial by his peers generally; but on accusation by the House of Commons, they may proceed against the delinquent of whatsoever degree, and whatsoever be the nature of the offence; for there they do not assume to themselves trial at common law. The Commons are then instead of a jury, and the judgment is given on their demand, which is instead of a verdict. So the Lords do only judge, but not try the delinquent. Ib. 6, 7. But Wooddeson denies that a Commoner can now be charged capitally before the Lords, even by the Commons; and cites Fitzharris's case, 1681, impeached of high treason, where the Lords remitted the prosecution to the inferior court. 8 Grey's Deb. 325-7. 2 Wooddeson 601, 576. 3 Seld. 1610, 1619, 1641, 4 Blacks. 257. 3 Seld. 1694, 1618, 9, 1656. 4 Hats. 200 et passim contra.

Accusation. The Commons, as the grand inquest of the nation, become suitors for penal justice. 2 Wood. 597. 6 Grey 356. The general course is, to pass a resolution containing a criminal charge against the supposed delinquent, and then to direct some member to impeach him by oral accusation at the bar of the House of Lords, in the name of the Commons. The person signifies that the arti cles will be exhibited, and desires that the delinquent may

be sequestered from his seat, or be committed, or that the peers will take order for his appearance. Sachev. Trial. 325. 2 Wood. 602, 605. Lords Journ. 3 June, 1701. 1 Wms. 616. 6 Grey 324.

Process. If the party do not appear, proclamations are to be issued, giving him a day to appear. On their return

they are strictly examined. If any error be found in them, a new proclamation issues, giving a short day. If he appear not, his goods may be arrested, and they may proceed. Seld. Jud. 98, 99.

Articles. The accusation (articles) of the Commons is substituted in place of an indictment. Thus, by the usage of Parliament, in impeachment for writing or speaking, the particular words need not be specified. Sach. Tr. 325. 2 Wood. 602, 605. Lords' Journ. 3 June, 1701. 1 Wms. 616.

Appearance. If he appears, and the case be capital, he answers in custody; though not if the accusation be general. He is not to be committed but on special accusations. If it be for a misdemeanor only, he answers a Lord in bis place, a Commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him, till he find sureties to attend, and lest he should fly. Seld. Jud. 98, 99. 4 Hals. 176, 185. A copy of the articles is given him, and a day fixed for his answer. T. Ray. 1 Rushw. 268. Fost. 232. 1 Clar. Hist. of the Reb. 379. On a misdemeanor, his appearance may be in person, or he may answer in writing, or by attorney. Seld. Jud. 100. The general rule on an accusation for a misdemeanor is, that in such a state of liberty or restraint as the party is when the Commons complain of him, in such he is to answer. Ib. 101. If previously committed by the Commons, he answers as a prisoner. But this may be called in some sort judicium parium suorum. Ib. In misdemeanors, the party has a right to counsel by the common law; but not in capital cases. Seld. Jud. 102....5.

Answer. The answer need not observe great strictness of form. He may plead guilty as to part, and defend as to the residue; or, saving all exceptions, deny the whole, ar give a particular answer to each article separately. 1