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accusation for a misdemeanor is, that in such a state of liberty or re- || Const. O. straint as the party is when the Commons complain of him, in such he S. Art. La is to answer. [ Id. 101.] If previously committed by the Commons, | 10. 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. 10245.]
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, or give a particular answer to each article separately. [1 Rush. 274. 2 Rush 1374. 12 Part. hist. 442. 3 Lords. Journ. 13 Nov. 1643. 2 Wood. 607.) But he cannot plead a pardon in bar to the impeachment. [ 2 Wood. 615. 2 St. tr. 735. ]
Replication, Rejoinder, &c. There may be a replication, rejoinder, &c. [Seld. Jud. 114. 8 Grey's deb. 233. Sacher. tr. 15. Journ. H. of Commons, 6 March, 1640, 1.1
Witnesses. The practice is, to swear the witnesses in open House, and then examine them there: or a Committee may be named, who shall examine them in Committee, either on interrogatories agreed on in the House, or such as the Committee in their discretion shall demand. [ Seld. Jud. 120, 123. ]
Jury. In the case of Alice Pierce, 1 R. 2, a jury was impanelled for her trial before a Committee. [Seld. Jud. 123. ] But this was on a complaint, not on impeachment, by the Commons. [Seld. Jud. 163. 7 It must also have been for a misdemeanor only, as the lords spiritual sat in the case, which they do on misdemeanors, but not in capital cases. sid. 148. ] The judgment was a forfeiture of all her lands and goods." [Id. 188. ] This, Shelden says, is the only jury he finds recorded in parliament for misdemeanors : but he makes no doubt, if the delinquent doth put himself on the trial of his country, a jury ought to be impanelled, and he adds that it is not so on impeachment by the Commons; for they are in loco proprio, t and there no jury ought to be impanelled. [Id. 124.] The Ld. Berkeley, 6 E. 3, was arraigned for the murder of L. 2, on an information on the part of the king, and not on impeachment of the Commons'; for then they had been patria sua.I He waived his peerage, and was tried by a jury of Gloucestershire and Warwickshire. [Id. 125. ] In 1 H. 7, the Commons protest that they are not to be considered as parties to any judgment given, or hereafter to be given in parliament. [Id. 133.] They have been generally, and more justly considered, as is before stated, as the grand jury. For the conceit of Selden is certainly not accurate, that they are the patria sua of the accused, and that the lords do only judge, but not try. It is undeniable that they do try. For they examine witnesses as to the facts, and acquit or condemn, according to their own belief of them. And Lord Hale says, the peers are judges of law as well as of fact.' [2 Hale, P. C. 275. ] Consequently of fact as well as of law.
Presence of Commons. The Commons are to be present at the examination of witnesses. [Seld. Jud. 124. ] Indeed they are to attend throughout, either as a Committee of the whole House, or otherwise, at discretion, appoint managers to conduct the proofs. [Rushw. tr. of Straff, 37. Com. Journ. 4 Feb. 1709, 10. 2 Wood. 614. ] And judg
| ment is not to be given till they demand it. Seld. Jud. 124.] But they are not to be present on impeachment when the lords consider of the answer or proofs, and determine of their judgment. Their presence however is necessary at the answer and judgment in cases capital. [Id. 158, 159, as well as not capital, 162.] The lords debate the judgment among themselves. Then the vote is first taken on the question of guilty or not guilty: and if they convict, the question, or particular sentence, is out of that which seemeth to be most generally agreed on.
[ Seld. Jud. 167. 2 Wood. 612.] Oonst. U. Judgment. Judgments in parliament for death have been strictly 8. Art. 1, 2
guided per legem terræ, * which they cannot alter: and not at all accordSec. 3, p. l
Ping to their discretion. They can neither omit any part of the legal
judgment, nor add to it. Their sentence must be secundum, non ultra legem. [Seld. Jud. 168–171.] This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments prevail. For impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents. The judgment therefore is to be such as is warranted by legal principles or precedents. [6 Sta. tr. 14. 2 Wood. 611. ] The chancellor gives judgments in misdemeanors; the Lord High Steward formerly in cases of life and death. [Seld. Jud. 180.) But now the steward is deemed not necessary. [Fost. 144. 2 Wood. 613.] In misdemeanors the greatest corporal punishment hath been imprisonment.
Seld. Jud, 184.1 The king's assent is necessary in capital judgments, (but 2 Wood. 614, contra) but not in misdemeanors. [Seld. Jud. 136. 1
Continuance. An impeachment is not discontinued by the dissolution of parliament, but may be resumed by the new parliament. [T. Ray. 383. 4 Com. Journ. 23 Dec. 1790, Lords Jour. May 16, 1791. 2 Wood. 618. ]
† According to, not against law.
* By the law of the land.
INDEX TO JEFFERSON'S MANUAL.
Between the Houses,
. . . . . .
" First Reading, . . ! • • •
16 Recommitment, .
66 Second Reading in the House
66 Sent to the Other House,
Of the Whole, . . . . .
u Orders of the, . . .
Putting thé, .
16 the, . .
176 177 178 150 181
EXTRACT OF A LETTER FROM EX-GOVERNOR W. G. D. WORTHINGTON.
I HAVE examined “ BURLEIGH's LEGISLATIVE GUIDE,” and find, as its name implies, that it is indispensable for every legislator who desires to establish a uniform system of rules for conducting public business throughout the United States. In my humble judgment, every State Legislature will immediately adopt it as their standard as soon as the merits of the work can be known.
W. G. D. WORTHINGTON.
I am convinced that the “ LEGISLATIVE GUIDE” will prove a valuable text-book for collegiate students, and will use it as such at St. Timothy's Hall, believing that every young American ought to be acquainted with the routine of order appropriate to legislative assemblies.
L. VAN BOHKELEN, Rector. St. Timothy's Hall, Catonsville, Md., Feb. 26, 1852.
Ex. of Letter from Hon. J. C. Legrand, Ch. Justice Court of Appeals, Md.
BALTIMORE, Feb. 9, 1852. The plan of the Legislative Guide enables the student or legislator to discover, with facility, the rule and reason for it, in each particular instance, and must, therefore, be of great value to legislative and other deliberative bodies.
JNO. CARROLL LEGRAND.
At a meeting of the School Commissioners of Baltimore held Feb. 10, 1852, the following resolutions were UNANIMOUSLY adopted : Resolved, That the American Manual;—that the Thinker;—that the Practical Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into the Public Schools of Baltimore.
J. W. TILYARD, Clerk Com. Pub. Sch. Balto.
At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 10th, 1850, the following resolution was adopted :
Resolved, That the American Manual, by Joseph Bartlett Burleigh, be introduced as a class-book into the Grammar Schools of this District.
ROBERT J. HEMPHILL, Sec.
PHILADELPHIA, Nov. 13, 1851. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held on Tuesday, Nov. 11th, 1851, the following resolution was adopted :
Resolved, That the “ Thinker," by Joseph Bartlett Burleigh, be introduced as a class-book into the Public Schools of this District.
ROBERT J. HEMPHILL, Sec.
WA CONCISE SYSTEM OF UNIFORM RULES OF ORDER, FOUNDED ON THE REGULATIONS FOR OON
DUCTING BUSINESS IN THE
HOUSE OF REPRESENTATIVES OF THE U. S.,
TO SECURE THE UNIFORMITY AND DISPATCH OF BUSINESS IN ALL SOCIETIES,
AND LEGISLATIVE ASSEMBLIES,
MARGINAL REFERENCES TO THE CORRESPONDING ORDER OF CONGRESS
OF 1850, AND A COMPLETE INDEX.