Arguments of Counsel for the Managers for the Assembly On the Impeachment Trial of William Sulzer At the Capitol, in the City of Albany, 1913

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(b) The party remains liable to trial and punishment in the ordinary courts — thereby separating the two ele- ments, assigning jurisdiction o£ the personal crime to the ordinary courts and reserving impeachment to remove and disqualify an officer unfit to exercise the functions of the office.
3. Deducing the grounds of impeachment from the nature and objects of the procedure, while they may be called offenses, the word offense must be held, certainly in New York, to include acts which create pe
...rsonal unfitness for office.
4. The Constitution of 1777 described impeachable of- fences as " mal and corrupt conduct in office." That of 1821 added " and for high crimes and misdemeanors." That of 1846 gave the power of impeachment without any words of description of cases to which it should apply. It omitted the words of definition of 1777, the more extended phrase- ology of 1821, and conferred the power in the broadest and most general terms. The judiciary article of 1867 continued the same words.


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