rom which _probate_ has come to be
applied to the proving of a will. (See Wills and Testaments.) In the
state of New York the judge of this court is called _surrogate_, and the
court is called _surrogate's court_.
Sec.6. There is still another court in every state, which is not a common
law court. It is the _court of impeachment_. The name is applied to the
senate when sitting on a trial of impeachment. An _impeachment_ is a
charge or accusation against a public officer for corrupt conduct in his
office; as if a governor, for money offered him, should approve and sign
a law; or a judge should, for money or from some other selfish or
personal motive, give a wrong judgment. The constitution gives to the
house of representatives the power to impeach, and to the senate the
power to try the persons impeached. This practice has come from Great
Britain, where the impeachment is made by the house of commons, and the
house of lords is the high court of impeachment.
Sec.7. The house of representatives, in a case of impeachment, acts in
nearly the same manner as a grand jury in a court of law. A complaint is
made to the house; and if, upon examination, there appear to a majority
of the members present sufficient grounds for the charge, an accusation
in writing is prepared, called _articles of impeachment_, and delivered
to the senate. In some states, a majority of the members elected is
necessary to impeach. The president of the senate orders the court to be
summoned. The accused is brought before the court to answer to the
charge, and has counsel assigned him. The senators are sworn truly to
try and determine the impeachment according to evidence; and a day is
fixed for trial.
Sec.8. The house of representatives usually choose from their number a
committee of managers to conduct the trial, the proceedings in which are
the same as in law courts. The senators retire and deliberate as jurors
in such courts. Two-thirds of the senators--in some states two-thirds of
all the senators elected--must concur in order to convict the person
accused. If a person is convicted, the court may remove him from
office, or disqualify him to hold any office in the state, for a time,
or for life; or may both remove and disqualify him. This court can
pronounce no other sentence. But if the act committed is a crime, the
offender may also be indicted, tried, and punished in a court of
justice.
Sec.9. Judicial officers may also be removed by the go
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