We will, therefore, conclude this head
with a view of the judicial character of the Senate.
A well-constituted court for the trial of impeachments is an object not
more to be desired than difficult to be obtained in a government wholly
elective. The subjects of its jurisdiction are those offenses which
proceed from the misconduct of public men, or, in other words, from the
abuse or violation of some public trust. They are of a nature which may
with peculiar propriety be denominated POLITICAL, as they relate chiefly
to injuries done immediately to the society itself. The prosecution of
them, for this reason, will seldom fail to agitate the passions of the
whole community, and to divide it into parties more or less friendly or
inimical to the accused. In many cases it will connect itself with the
pre-existing factions, and will enlist all their animosities,
partialities, influence, and interest on one side or on the other; and
in such cases there will always be the greatest danger that the decision
will be regulated more by the comparative strength of parties, than by
the real demonstrations of innocence or guilt.
The delicacy and magnitude of a trust which so deeply concerns the
political reputation and existence of every man engaged in the
administration of public affairs, speak for themselves.
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