States. Thus, to the Framers all treason was high treason. However, with regard to misdemeanors the distinction still has relevance, since crime can still be committed against either the state or private individuals. In modern usage, "high" refers to official conduct, conduct relating to one's functions with respect to the State. Impeachment-Selected Materials, supra, at 622. That the definition of "high crimes and misdemeanors" was related to an offense committed in one's official capacity is borne out by the use of the phrase in English and American history, id., and by the fact that the Constitution limits impeachment to government officials. It relates exclusively to governmental or quasi-governmental

actions of a criminal nature. It should also be remembered that

to the Framers the term "political" referred to the state or government rather than to partisan factions, which did not exist as we know them today. The Federalist No. 10 at 56-65 (Wesleyan University Press, 1961) (J. Madison).

III. THE CONSTITUTIONAL CONVENTION

In our attempt to understand what constitutes an impeachable offense we must, of course, look to the intent of the Framers as

demonstrated by their statements at the Convention. If we are to

understand the words chosen by the Framers in their proper context, it is imperative that we comprehend how the Constitution developed. Early in the Convention the Framers turned their attention

to the general principles upon which a free government should be founded. In this phase they used the resolutions of the Virginia delegation, known as the Virginia Plan, as a starting point. They were presented by Governor Edmund Randolph. 1 Farrand xxii. On July 26, 1787, after more than two months of discussion dealing with the general nature of the proposed government, the Convention was ready to produce a draft Constitution, though several different general schemes were still before the body. 2 Farrand 134. The Convention adjourned on July 26 for ten days, to allow such a draft to be prepared by the Committee on Detail, which reported a draft back on August 6, 1787. 1 Farrand xxii-xxiii.

The August 6 draft listed three grounds for the impeachment

186 (emphasis added). To further reinforce the criminal nature

4/ The use of the word "or" in this phrase, which was later rejected reaffirms the unitary concept of the phrase "other high crimes and misdemeanors" as discussed, pp. 20-21 supra.

of the process, an impeachment was to be tried before the Supreme Court. Id. In the final draft of the Constitution, the Senate replaced

the Supreme Court as the forum for the trial. In this respect

Gouverneur Morris noted that:

[N]o other tribunal than the Senate could be trusted.
The Supreme Court were too few in number and might
be warped or corrupted. He was agst. [sic] a dependence
of the Executive on the Legislature, considering the
Legislative tyranny the great danger to be apprehended;
but there could be no danger that the Senate would say
untruly on their oaths that the President was guilty of
crimes or facts, especially as in four years he can be
turned out. 2 Farrand 551.

Thus, not only did he express the sentiments of the Convention,
but also harkened back to the English tradition that the House of

Lords in impeachments was a great court for "great men and
1,5/
great causes."'!

Some have speculated that "other high crimes and misdemeanors," the final choice of the Framers, must mean something other than indictable crimes. This proposition is ill-conceived because it places undue emphasis on the language which occurred early in the debates (pre-August 6). In the early debates, May, June, and July, the Framers were merely dealing with general

5/ See discussion at p. 9 supra.