Official Report of the Proceedings, Testimony, and Arguments, in the Trial of James H. Hardy, District Judge of the Sixteenth Judicial District: Before the Senate of the State of California, Sitting as a High Court of Impeachment

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B.P. Avery, State Printer, 1862 - 711 էջ
 

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Էջ 452 - The house of representatives shall have the sole power of impeachment, and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation ; and no person shall be convicted without the concurrence of two-thirds of the members present.
Էջ 609 - 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.
Էջ 152 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it.
Էջ 456 - When the evidence is concluded, unless the case is submitted to the jury, on either side or on both sides, without argument, the counsel for the people must commence, and the defendant or his counsel may conclude the argument to the jury.
Էջ 608 - Congress have unhesitatingly adopted the conclusion, that no previous statute is necessary to authorize an impeachment for any official misconduct ; and the rules of proceeding, and the rules of evidence, as well as the principles of decision, have been uniformly regulated by the known doctrines of the common law, and parliamentary usage. In the few cases of impeachment, which have hitherto been tried, no one of the charges has rested upon any statutable misdemeanors.
Էջ 20 - States, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same, and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall require, do demand that the said...
Էջ 12 - If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment.
Էջ 631 - It is no new doctrine that if a publication be calculated to alienate the affections of the people, by bringing the government into dis-esteem, whether the expedient be by ridicule or obloquy, the person so conducting himself is exposed to the inflictions of the law. It is a crime ; it has ever been considered as a crime, whether wrapt in one form or another.
Էջ 604 - Tis mightiest in the mightiest, it becomes The throned monarch better than his crown. His sceptre shows the force of temporal power, The attribute to awe and majesty, Wherein doth sit the dread and fear of kings; But mercy is above this sceptred sway, It is enthroned in the hearts of kings; It is an attribute to God himself, And earthly power doth then show likest God's When mercy seasons justice.
Էջ 597 - The undertaking on appeal must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars ; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.

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