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of Lords, in the name of the commons. The person signifies that the articles 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 Woodd., 602, 605; Lords' Journ., 3 June, 1701, 101; 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 Woodd., 602, 605; Lords' Journ., 3 June, 1701; 1 Wm8., 616.

Appearance. If he appears, and the case be capital, he answers in custody; though not if the accusations 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. Jud., 98, 99 A copy of the articles is given him, and a day fixed for his an

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 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 or give a particular answer to each article separately. 1 Rush., 274; 2 Rush., 1374; 12 Parl. Hist., 442; 3 Lords' Journ., 13 Nov., 1643; 2 Woodd., 607. But he cannot plead a pardon in bar to the impeachment. 2 Woodd., 615; 2 St. Tr., 735.

Replication, rejoinder, &c. There may be a replication, rejoinder, &c. Seld. Jud., 114; 8 Grey's Deb., 233; Sach. Tr., 15; Journ. 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. Jud., 120, 123.

Jury. In the case of Alice Pierce (1 R., 2), a jury was impaneled for her trial before a committee. Seld. Jud., 123. But this was on a complaint, not on impeachment by the commons. Seld. Jud., 163. It must also bave 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 judginent was a forfeiture of all her lands and goods. Id., 188. This, Selden says, is the only jury he finds recorded in Parliament for misdemeanor; 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

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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. Berkely (6 E., 3) was arraigned for tbe murder of E. 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., 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. Seld. Jud., 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, and 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 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 Woodd., 614. And judgment 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., 58,159) 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 Woodd., 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 legal part of the 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, 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 Woodd., 611. The chancellor gives judgment 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 Woodd., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Jud., 184. The King's assent is necessary in capital judgments (2 Woodd., 614, contra), but not in misdemeanors. Seld. Jud., 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. Journ., 23 Dec., 1790; Lords' Jour., May 15, 1791 ; 2 Woodd., 618.

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Statement showing the commencement and termination of each session of Congre88 held under the present Constitution, with the number

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

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

John Beckley, of Virginia. 2 | Jan. 4, 1790 Ang. 12, 1790 221 .do

Do.
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 .do

Do.
1 Dec. 2, 1793 June 9, 1794 190 Fred A. Muhlenberg, of Pennsylvania
2 Nov. 3, 1794 Mar. 3, 1795 121

do
1
Dec.
7, 1795 June 1, 1796 177 Jonathan Dayton, of New Jersey

Do.
2 Dec. 5, 1796 Mar. 3, 1797 89

.do
1 May 15, 1797 July 10, 1797 57
do

Jonathan Williams Condy, of Pennsylvania.*
2 Nov. 13, 1797 July 16, 1798 246
do

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

Do. 1 Dec. 2, 1799 May 14, 1800 164 Theodore Sedgwick, of Massachusetts

Do. 2 Nov. 17, 1800 Mar. 3, 1801 107 do

John Holt Oswald, of Pennsylvania.
1
Dec. 7, 1801 May 3, 1902 148 Nathaniel Macon, of North Carolina

John Beckley, of Virginia.
2
Dec. 6, 1802 Mar. 3, 1803 88
do

Do.
1 Oct. 17, 1803 Mar. 27, 1804 163
do

Do.
2 Nov. 5, 1804 Mar. 3, 1805 119

do
1 Dec. 2, 1805 Apr. 21, 1806 141
2 Dec. 1, 1806 Mar. 3, 1807 93
do

Do.
Oct. 26, 1807 Apr. 25, 1808 182 Joseph B. Varnum, of Massachusetts

Patrick Magruder, of Maryland.
2 Nov. 7, 1808 Mar. 3, 1809 117
do

Do.
May 22, 1809 June 28, 1809 38
do

Do.
2 Nov. 27, 1809 May 1, 1810 156
do

Do.
Dec. 3, 1810 Mar. 3, 1811 91
do

Do.
Nov. 4, 1811 July 6, 1812

245

Henry Clay, of Kentucky,
2 Nov. 2, 1812 Mar. 3, 1813 122

Do.
1 May 24, 1813 Aug. 2, 1813 71

do
2
Dec. 6, 1813 Apr. 18, 1814 134 Langdon Cheves, of South Carolina

Do.
3 Sept. 19, 1814 Mar. 3, 1815 166
.do

Thomas Dougherty, of Kentucky.Ş
1 Dec. 4, 1815 Apr. 30, 1816 148 Henry Clay, of Kentucky|l.

Do.
2 Dec. 2, 1816 Mar. 3, 1817 92 ..do

Dec. 1, 1817 Apr. 30. 1818 141 ....do
2 Nov. 16, 1818 Mar. 3, 1819 108 ...do

Do. * Resigned December 9, 1800.

| Resigned January 28, 1815. Resigned January 19, 1814, and Langdon Cheves, of South Carolina, elected.

$ Died during recess of Seventeenth Congress. || Resigned October 20, 1820, by letter, and John W. Taylor, of New York, elected November 15, 1820.

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Statement showing the commencement and termination of each session of Congress, 8C.-Continued.

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1 Dec. 6,1819 May 15, 1820
2 2 Nov. 13, 1820 Mar. 3, 1821
17

1 Dec. 3, 1821 May 8, 1822
2 Dec. 2, 1822 Mar. 3, 1823

1
18

Dec. 1, 1823 May 27, 1824
2 2 Dec. 6, 1824 Mar 3, 1825
19

S1 Dec. 5, 1825 May 22, 1826

2 2 Dec. 4, 1826 Mar. 3, 1827
20

Dec. 3, 1827 May 26, 1828
2 Dec. 1, 1828 Mar. 3, 1829

1
21

Dec.

7, 1829 May 31, 1830
2

6, 1830 Mar. 3, 1831
22

1 Dec. 5, 1831 July 16, 1832
2 Dec. 3, 1832 Mar. 3, 1833

1
23

Dec. 2, 1833 June 30, 1834
2

1, 1834 Mar. 3, 1835
24

Dec. 7, 1835 July 4, 1836
2 Dec. 6, 1836 Mar. 3, 1837

Sept. 4, 1837 Oct. 16, 1837
25 Dec. 4, 1837 July 9, 1838

3 Dec. 3, 1838 Mar. 3, 1839
26

Dec. 2, 1839 July 21, 1840
2 Dec. 7, 1840 Mar. 3, 1841

1 May 31, 1841 Sept. 13, 1841
27 2 Dec. 6, 1841 Aug. 31, 1842

3 Dec. 5, 1812 Mar. 3, 1843
1 Dec. 4, 1843 June 17, 1844
2 Dec. 2, 1844 Mar. 3, 1845

1
29

Dec. 1, 1845 Aug. 10, 1846

2 Dec. 7, 1846 Mar. 3, 1847 303

1 Dec. 6, 1847 | Aug. 14, 1848

2 Dec. 4, 1848 Mar. 3, 1849
31
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1 Dec. 3, 1849 Sept. 30, 1850

Dec. 2, 1850 Mar. 3, 1851

Dec. 1, 1851 Aug. 31, 1852

2 Dec. 6,1852 Mar. 3, 1853 33

1 Dec. 5, 1853 Aug. 7, 1854 2 | Dec. 4, 1854 Mar. 3, 1855

3211

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37

260 | Nathaniel P. Banks, of Massachusetts
10 .do.
93 ..do.
190

James L. Orr, of South Carolina.
88 ..do
204 William Pennington, of New Jersey
89 ...do
34 Galusha A. Grow, of Pennsylvania.
228 ..do

93 ..do
208 Schuyler Colfax, of Indiana
89

.do
237 .do
90 ..do
55 .do
237 .do
87

.do
37 James G. Blaine, of Maine.
222 ..do
89 ..do
48

do
188 .do

92 ..do
205 ..do
87 ..do

Michael C. Kerr, of Indiana
254 Samuel S. Cox, of New York T}
Milton Sayler, of Ohio

} pro tempore
Samuel J. Randall, of Pennsylvania**.
47 .....do

...do

William Cullom, of Tennessee.

Do.

Do.
James C. Allen, of Illinois.

Do.
John W. Forney, of Pennsylvania.

Do.
Emerson Etheridge, of Tennessee.

Do.

Do.
Edward McPherson, of Pennsylvania.

Do.
Do.
Do.
Do.
Do.

* Resigned June 2, 1834, and John Bell, of Tennessee, elected.
| Dismissed January 18, 1845, and Benjamin B. French, of New Hampshire, elected.
1 Appointed April 17, 1850.

March 30 adjourned to July 3; July 20 adjourned to November 21.
|| July 25 adjourned to September 21 ; September 21 adjourned to October 16; October 16 adjourned to November 10.
IT S. S. Cox appointed February 17, May 12, and June 19; Milton Sayler appointed June 24.
** Samuel J. Randall elected December 4, 1876.

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