Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/283

 CH. X.] person impeached is then called to appear and answer the articles. If he does not appear in person, or by attorney, his default is recorded, and the senate may proceed ex parte to the trial of the impeachment. If he does appear in person, or by attorney, his appearance is recorded. Counsel for the parties are admitted to appear, and to be heard upon an impeachment.

§ 808. When the party appears, he is entitled to be furnished with a copy of the articles of impeachment, and time is allowed him to prepare his answer thereto. The answer, like the articles, is exempted from the necessity of observing great strictness of form. The party may plead, that he is not guilty, as to part, and make a further defence, as to the residue; or he may, in a few words, saving all exceptions, deny the whole charge or charges; or he may plead specially, in justification or excuse of the supposed offences, all the circumstance attendant upon the case. And he is also indulged w^ith the liberty of offering argumentative reasons, as well as facts, against the charges in support, and as part, of his answer, to repel them. It is usual to give a full and particular answer separately to each article of the accusation.

§ 809. When the answer is prepared and given in, the next regular proceeding is, for the house of representatives to file a replication to the answer in writing, in substance denying the truth and validity of the defence stated in the answer, and averring the truth and sufficiency of the charges, and the readiness of the house to prove them at such convenient time and place,