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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' Fourn., 3 Fune, 1701; 1 Wms., 616.

Appearance. If he appear, 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 his place, a commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him, till he finds sureties to attend, and lest he should fly. Seld. Fud., 98, 99. A copy of the articles is given him, and a day fixed for his answer. T. Ray.; i 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 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 com mitted 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 cap. ital cases.

Seld. Fud., 102, 105. 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. i Rush., 274; 2 Rush., 1374; 12 Parl. Hist. 442; 3 Lords' Fourn., 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. Sel. Fud., 114; 8 Grey's Deb., 233; Sach. Tr., 15; Fourn. H. of Commons, 6 March, 1640-1.

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. Fud., 120, 123.

Jury. In the case of Alice Pierce, i 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 I H. 7, the Commons protest that they are not to be considered as partres 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 Straf, 37; Com. Fourn., 4 Feb., 1709-10; 2 Wood., 614. And judgment is not to be given till they demand it. Seld. 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 judgment 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. Jud., 184. The King's assent is necessary in 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, 1971; 2 Wood., 618.

Statement showing the commencement and termination of each session of Congress keld under the present Constitution, with the numbor

of days in each, and the names of the Speakers and the Clerks of the House of Apresentatives.

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No. of days in each session.

Names of Speakers.

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John Beckley, of Virginia.

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Mar. 4, 1789 Sept. 29, 1789 210 Fred. A. Muhlonborg, of Pennsylvania

Jan. 4, 1790 Aug. 12, 1790 221
3 Dec. 6, 1790 Mar. 3, 1791 88 .do
1 Oct. 24, 1791 May 8, 1792 197 Jonathan Trumbull, of Connecticut
2 Nov. 5, 1792 Mar. 2, 1793 119

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Dec. 2, 1793 June 9, 1794 190 Fred. A. Muhlenberg, of Pennsylvania
Nov. 3, 1794 Mar. 3, 1795 121 .do
Dec. 7, 1795 Juno 1, 1796 177 Jonathan Dayton, of New Jersey
Dec. 5, 1796 Mar. 3, 1797 89

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May 15, 1797 July 10, 1797 57

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2 Nov. 13, 1797 July 16, 1798 246 .do

Dec. 3, 1798 Mar. 3, 1799 91 George Dent, of Maryland, pro tempore

Dec. 2, 1799 May 14, 1800 164 Theodore Sedgwick, of Massachusetts
2 Nov. 17, 1800 Mar. 3, 1801 107

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Dec. 7, 1801 May 3, 1802 148 Nathaniel Macon, of North Carolina
Dec. 6, 1902 Mar. 3, 1803 88

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Oct. 17, 1803 Mar. 27, 1804 163 .do
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1 Dec. 2, 1805 Apr. 21, 1806 141

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2 Dec. 1, 1806 Mar. 3, 1807 93 ..do
1 Oct. 26, 1807 Apr. 25, 1808 182 Joseph B. Varnum, of Massachusetts
2 Nov. 7, 1808 Mar. 3, 1809 117

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1 May 22, 1809 June 28, 1809 38 .do
2 Nov. 27, 1809 May 1, 1810 156 .do
3 Dec. 3, 1810 Mar. 3, 1811 91

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1 Nov. 4, 1811 July 6, 1812 245 Henry Clay, of Kentucky
2 Nov. 2, 1812 Mar, 3, 1813

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1 May 24, 1813 Aug. 2, 1813 71

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2 Dec. 6,1813 Apr. 18, 1814 134 | Langdon Choves, of South Carolina
3 Sept. 19, 1814 Mar. 3, 1815 166 ..do

Deo. 4, 1815 Apr. 30, 1816 148 Henry Clay, of Kentucky

Deo. 2, 1816 | Mar. 3, 1817 92 ..do * Rosignod December 9, 1800. i Rosigned January 19, 1814, and Langdon Cheves, of South Carolina, elected.

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Jonathan Williams Condy, of Pennsylvania."

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John Holt Oswald, of Pennsylvania
John Beckloy, of Virginia.

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Patrick Magruder, of Maryland.

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Thomas Dougherty, of Kentucky.

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Resigned January 28, 1815.
Died during recess of Soventoonth Congress.

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Statement showing the commencement and termination of each session of Congress, etc.--Continued.

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Thomas Dougherty, of Kentucky.

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Matthew St. Clair Clarke, of Pennsylvania,

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Walter S. Franklin, of Pennsylvania.

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Hugh A. Garland, of Virginia.

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Matthew St. Clair Clarke, of Pennsylvania.

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Caleb J. McNulty, of Ohio.
Benjamin B, French, of New Hampshire.

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