crimes with which these "other high crimes" are classed in the Constitution, and we may learn something of their character. They stand in connection with "bribery and corruption"—tried in the same manner, and subject to the same penalties. But, if we are to lose the force and meaning of the word "high," in relation to misdemeanors, and this description of offences must be governed by the mere meaning of the term "misdemeanors," without deriving any grade from the adjective, still my position remains unimpaired—that the offence, whatever it is, which is the ground of impeachment, must be such a one as would support an indictment. "Misdemeanor" is a legal and technical term, well understood and defined in law; and in the construction of a legal instrument, we must give words their legal significations. A misdemeanor, or a crime,—for in their just and proper acceptation they are synonymous,—is an act committed, or omitted, in the violation of a public law, either forbidding or commanding it.
[Note. In the few cases of impeachment which have hitherto been tried, no one of the charges has rested upon any suitable misdemeanors. It seems to be the settled doctrine of the high court of impeachment, (the Senate,) that though the common law cannot be a foundation of a jurisdiction not given by the Constitution or laws, that jurisdiction, when given, attaches, and is to be exercised according to the rules of the common law; and that what are, and what are not, high crimes and misdemeanors; is to be ascertained by a recurrence to the great basis of American jurisprudence.—Story's Comm.]
Mr. Madison's Motion for Commercial Restrictions.
House of Representatives, February 14, 1806.
Resolved, As the opinion of this committee, that the interest of the United States would be promoted by further restrictions and higher duties, in certain cases, on the manufactures and navigation of foreign nations employed in the commerce of the United States, than those now imposed.
1. Resolved, As the opinion of this committee, that an additional duty ought to be laid on the following articles, manufactured by European nations having no commercial treaty with the United States:—
On articles of which leather is the material of chief value, an additional duty of per cent, ad valorem.
On all manufactured iron, steel, tin, pewter, copper, brass, or other articles, of which either of these metals is the material of chief value, an additional duty of per cent, ad valorem.
On all articles of which cotton is the material of chief value, an additional duty of per cent, ad valorem.
On all cloths of which wool is the material of chief value, where the estimated value on which the duty is payable is above , an additional duty of per cent. ad valorem; where such value is below , an additional duty of per cent, ad valorem.
On all other articles of which wool is the material of chief value, an additional duty of per cent, ad valorem.
On all cloths of which hemp or flax is the article of chief value, and of which the estimated value on which the duty is payable is below , an additional duty of per cent, ad valorem.
On all manufactures of which silk is the article of chief value, an additional duty of per cent, ad valorem.
2. Resolved, As the opinion of this committee, that an additional duty
