Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/282

 274 . This being accordingly done, the senate signify their willingness to take such order; and articles are then prepared by a committee, under the direction of the house of representatives, which, when reported to, and approved by the house, are then presented in the like manner to the senate; and a committee of managers are appointed to conduct the impeachment. As soon as the articles are thus presented, the senate issue a process, summoning the party to appear at a given day before them, to answer the articles. The process is served by the sergeant-at-arms of the senate, and due return is made thereof under oath.

§ 806. The articles thus exhibited need not, and Indeed do not, pursue the strict form and accuracy of an indictment. They are sometimes quite general in the form of the allegations; but always contain, or ought to contain, so much certainty, as to enable the party to put himself upon the proper defence, and also, in case of an acquittal, to avail himself of it, as a bar to another impeachment. Additional articles may be exhibited, perhaps, at any stage of the prosecution.

§ 807. When the return day of the process for appearance has arrived, the senate resolve themselves into a court of impeachment,, and the senators are at that time, or before, solemnly sworn, or affirmed, to do impartial justice upon the impeachment, according to the constitution and laws of the United States. The