There remains a further
consideration, which will not a little strengthen this conclusion. It is
this: The punishment which may be the consequence of conviction upon
impeachment, is not to terminate the chastisement of the offender. After
having been sentenced to a prepetual ostracism from the esteem and
confidence, and honors and emoluments of his country, he will still be
liable to prosecution and punishment in the ordinary course of law.
Would it be proper that the persons who had disposed of his fame, and
his most valuable rights as a citizen in one trial, should, in another
trial, for the same offense, be also the disposers of his life and his
fortune? Would there not be the greatest reason to apprehend, that
error, in the first sentence, would be the parent of error in the second
sentence? That the strong bias of one decision would be apt to overrule
the influence of any new lights which might be brought to vary the
complexion of another decision? Those who know anything of human nature,
will not hesitate to answer these questions in the affirmative; and will
be at no loss to perceive, that by making the same persons judges in
both cases, those who might happen to be the objects of prosecution
would, in a great measure, be deprived of the double security intended
them by a double trial.
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