Page images
PDF
EPUB

Jury.

In the case of Alice Pierce, 1 R., 2, a jury was impaneled for her trial before a committee. Seld. Fud., 123. But this was on a complaint, not on impeachment by the Commons. Seld. Fud., 163. 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. Id., 148. The judgment was a forfeiture of all her lands and goods. Id., 188. This, Selden 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 impaneled, and he adds that it is not so on impeachment by the Commons; for they are in loco proprio, and there no jury ought to be impaneled. 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. He waived his peerage, and was tried by a jury of Gloucestershire and Warwickshire. Id., 126. 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. Fud., 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. Fourn, 4 Feb., 1709-10; 2 Wood, 614. And judgment is not to be given till they demand it. Fud., 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. 58, 158 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. Fud., 167; 2 Wood., 612.

Judgment. Judgments in Parliament, for death, have been strictly guided per legem terræ, which they cannot alter; and not at all according 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. Fud., 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, prevailed; 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 judg ment in misdemeanors; the Lord High Steward formerly in cases of life and death. Seld. Fud., 180. But now the Steward is deemed not necessary. Fost., 144; 2 Wood., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Fud., 184. The King's assent is necessary to capital judgments, (but 2 Wood., 614, contra,) but not in misdemeanors. Seld. Fud., 136. Continuance. An impeachment is not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament. T. Ray, 383; 4 Com. Fourn., 23 Dec., 1790; Lords' Four., May 15, 1791; 2 Wood., 618.

INDEX TO JEFFERSON'S MANUAL.

A.

Absence, not allowed without leave....

provision in cases of......

Accusation. Common fame a good ground to proceed by inquiry,

Page.

119

119

[blocks in formation]

question shall be: 1st to agree, 2d to disagree, 3d to recede,

4th to insist, 5th to adhere....

one House adhering, the other must recede or also..

where both Houses adhere the matter must fall.....

there are instances of having gone to a second adherence.

164

174

174

174

should be two conferences before vote to..

the form fixed by adherence cannot be departed from by

the House which adheres....

Adjournment, motion for, cannot be amended...

rules and regulations in respect to..

174

174

183

183

[blocks in formation]

for more than three days, to be by concurrent votes.

[blocks in formation]

Amendment to bills, on reading of amendments to bills...

in the third degree not admissible

Page.

143

143

[blocks in formation]

if House refuse to strike out a paragraph, it cannot be
amended.....

158

if an amendment be agreed to it cannot be afterward
amended....................

158

a new bill may be ingrafted on another...
mode of proceeding on amendments between the
Houses

158

174

175

a motion to amend an amendment of the other House
takes precedence of a motion to agree or disagree..
an amendment of one House to a bill of the other be-
comes the text of the bill, and may be amended in
the second degree....

on amendments between the Houses, question is: 1st
to agree, 2d disagree, 3d recede, 4th insist, 5th ad-

- here

175

164

144

158

158

158

159

made in Committee of the Whole falls by a reference.
proposed, inconsistent with one adopted, may be put.
may be amended prior to adoption, but not after.............
(proposed) by striking out, and lost, the paragraph
proposed to be stricken out cannot be amended..........
not identical or equivalent to one lost may be proposed
by insertion, how far liable to further amendment... 158, 159

Apportionment of Representatives, table of, from 1787 to 1893....
Appropriation may be made by resolution..

terminates with the session

Arrest, discussion of privilege from....

Assault and affrays in the House, how settled

Ayes and noes, how questions are determined by

Assent to bills by the Executive, regulations respecting.

no member to vote if not present...

116

136

109

134

130, 131

180

166, 169

170

B.

Bills, engrossed, must not be looked into...

128

mistakes not to be corrected without the knowledge of the

committee....

128

not to be taken away or concealed

128

Bills, to be fairly written, or Speaker may refuse them....

introduction, reading, and commitment
amendments fall if recommitted....

a particular clause may be recommitted
cannot be amended on the first reading..
amendments, how proceeded with.
amendments fall if recommitted....

Page.

137

137, 138

142

141

137

157-161

142

proceedings on second reading

138

time for attacking or opposing ....

other...

if second reading refused, the bill is rejected..

one bill may be ingrafted on another.....

one House may pass with blanks and be filled in the

on third reading, forms observed....

on third reading, may be committed..

163

144, 164

158

161

165, 166

165

[blocks in formation]

at the close of session no new bill, unless sent from the

[blocks in formation]

referred, may be delivered to any of the committee

139

amendments between the Houses, mode of proceeding.
by whom to be taken from House to House

174, 175

178

may be specially commended to notice of the other House....
if one House neglects a bill, the other may remind of it....
how to be enrolled, signed, and presented to the Presi-
dent.......

179

179

180

not to be enrolled in paragraphs, but solidly

180

amendments to, cannot be receded from or insisted on by
the amending House with a further amendment.....
dangerous practice of passing bills before being en-
grossed...

174

146

amendments to amendments between the Houses, how far
admissible....

175

amendment to an amendment of the other House takes

precedence of a motion to agree or disagree proceedings upon, in Committee of the Whole, etc. titles, when made...

175

140-142

171

« PreviousContinue »