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§ 603–§ 604
JEFFERSON’S MANUAL
order for his appearance. Sachev. Trial, 325; 2
Wood., 602, 605; Lords’ Journ., 3 June, 1701; 1
Wms., 616; 6 Grey, 324.
In the House of Representatives there are various methods of setting
an impeachment in motion: by charges made on the
floor on the responsibility of a Member or Delegate (II,
1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 535, 536);
by charges preferred by a memorial, which is usually
referred to a committee for examination (III, 2364,
2491, 2494, 2496, 2499, 2515; VI, 543); or by a resolution dropped in the
hopper by a Member and referred to a committee (Apr. 15, 1970, p. 11941–
42; Oct. 23, 1973, p. 34873); by a message from the President (III, 2294,
2319; VI, 498); by charges transmitted from the legislature of a State (III,
2469) or Territory (III, 2487) or from a grand jury (III, 2488); or from
facts developed and reported by an investigating committee of the House
(III, 2399, 2444). In the 93d Congress, the Vice President sought to initiate
an investigation by the House of charges against him of possibly impeachable
offenses; the Speaker and the House took no action on the request
since the matter was pending in the courts and the offenses did not relate
to activities during the Vice President’s term of office (Sept. 25, 1973, p.
31368); see III, 2510, wherein the Committee on the Judiciary (to which
the matter had been referred by privileged resolution) reported that a civil
officer (the Vice President) could not be impeached for acts or omissions
committed prior to his term of office; but see III, 1736, however, the Vice
President’s request that the House investigate charges against his prior
offical conduct as Secretary of War was referred, on motion, to a select
committee.
A direct proposition to impeach is a question of high privilege in the
House and at once supersedes business otherwise in
order under the rules governing the order of business
(III, 2045–2048; VI, 468, 469; July 22, 1986, p. 17294;
Aug. 3, 1988, p. 20206; May 10, 1989, p. 8814; see Procedure,
ch. 14, sec. 1–5). It may not even be superseded by an election case,
which is also a matter of high privilege (III, 2581). It does not lose its
privilege from the fact that a similar proposition has been made at a previous
time during the same session of Congress (III, 2408), previous action
of the House not affecting it (III, 2053). So, also, propositions relating to
an impeachment already made are privileged (III, 2400, 2402, 2410; July
22, 1986, p. 17294; Aug. 3, 1988, p. 20206), such as resolutions providing
for selection of managers of an impeachment (VI, 517), proposing abatement
of impeachment proceedings (VI, 514), reappointing managers for
impeachment proceedings continued in the Senate from the previous Congress
(Jan. 3, 1989, p. 84), empowering managers to hire special legal and
clerical personnel and providing money for their payment (Jan. 3, 1989,
p. 84), and replacing an excused manager (Feb. 7, 1989, p. 1726); but a
§ 604. A proposition to
impeach a question of
privilege.
§ 603. Inception of
impeachment
proceedings in the
House.
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