Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/278

 270 therefor, after he has ceased to hold office. A learned commentator seems to have taken it for granted, that the liability to impeachment extends to all, who have been, as well as to all, who are in public office. Upon the other point his language is as follows: The legitimate causes of impeachment have been already briefly noticed. They can have reference only to public character, and official duty. The words of the text are, "treason, bribery, and other high crimes and misdemeanours." The treason contemplated must be against the United States. In general, those offences, which may be committed equally by a private person, as a public officer, are not the subjects of impeachment. Murder, burglary, robbery, and indeed all offences not immediately connected with office, except the two expressly mentioned, are left to the ordinary course of judicial proceeding; and neither house can regularly inquire into them, except for the purpose of expelling a member.

§ 800. It does not appear, that either of these points has been judicially settled by the court having, properly, cognizance of them. In the case of William Blount, the plea of the defendant expressly put both of them, as exceptions to the jurisdiction, alleging, that, at the time of the impeachment, he, Blount, was not a senator, (though he was at the time of the charges laid against him,) and that he was not charged by the articles of impeachment with having committed any crime, or misdemeanour, in the execution of any civil office held under the United States; nor with any malconduct in a civil office, or abuse of any public trust in the