CHAPTER VII: Political Jurisdiction In The United States.
Chapter Summary Definition of political jurisdiction--What is understood by political jurisdiction in France, in England, and in the United States--In America the political judge can only pass sentence on public officers--He more frequently passes a sentence of removal from office than a penalty--Political jurisdiction as it exists in the United States is, notwithstanding its mildness, and perhaps in consequence of that mildness, a most powerful instrument in the hands of the majority.
Political Jurisdiction In The United States I understand, by political jurisdiction, that temporary right of pronouncing a legal decision with which a political body may be invested.
In absolute governments no utility can accrue from the introduction of extraordinary forms of procedure; the prince in whose name an offender is prosecuted is as much the sovereign of the courts of justice as of everything else, and the idea which is entertained of his power is of itself a sufficient security.

The only thing he has to fear is, that the external formalities of justice should be neglected, and that his authority should be dishonored from a wish to render it more absolute.
But in most free countries, in which the majority can never exercise the same influence upon the tribunals as an absolute monarch, the judicial power has occasionally been vested for a time in the representatives of the nation.

It has been thought better to introduce a temporary confusion between the functions of the different authorities than to violate the necessary principle of the unity of government.
England, France, and the United States have established this political jurisdiction by law; and it is curious to examine the different adaptations which these three great nations have made of the principle.
In England and in France the House of Lords and the Chambre des Paris *a constitute the highest criminal court of their respective nations, and although they do not habitually try all political offences, they are competent to try them all.

Another political body enjoys the right of impeachment before the House of Lords: the only difference which exists between the two countries in this respect is, that in England the Commons may impeach whomsoever they please before the Lords, whilst in France the Deputies can only employ this mode of prosecution against the ministers of the Crown.
[Footnote a: [As it existed under the constitutional monarchy down to 1848.]] In both countries the Upper House may make use of all the existing penal laws of the nation to punish the delinquents.
In the United States, as well as in Europe, one branch of the legislature is authorized to impeach and another to judge: the House of Representatives arraigns the offender, and the Senate awards his sentence.

But the Senate can only try such persons as are brought before it by the House of Representatives, and those persons must belong to the class of public functionaries.