Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/240

we shall hereafter see) not founded on any supposition, that the chief justice would be superior in confidence, and firmness, and impartiality, to the residue of the judges, (though in talents and public respect, and acquirements, he might fairly be presumed their superior;) but on the necessity of excluding the vice president from the chair, when he might have a manifest interest, which would destroy his impartiality. That part, which is addressed to the supposition of the senators being participes criminis, is still more exceptionable; for it is not only incorrect to affirm, that the senators must be, in such a predicament, but in all probability the senators would, in almost all cases, be without any participation in the offence. The offences, which would be. generally prosecuted by impeachment, would be those only of a high character, and belonging to persons in eminent stations,—such as a head of department, a foreign minister, a judge, a vice president, or a president. Over the conduct of such persons the senate could ordinarily have no control; and a corrupt combination with them, in the discharge of the duties of their respective offices, could scarcely be presumed. Any of these officers might be bribed, or commit gross misdemeanours, without a single senator having the least knowledge, or participation in the offence. And, indeed, very few of the senators could, at any time, be presumed to be in habits of intimate personal confidence, or connection with many of these officers. And so far, as public responsibility is concerned, or public confidence is required, the tenure of office of the judges would have no strong tendency to secure the former, or to assuage public jealousies, so as peculiarly to encourage the latter. It is, perhaps, one of the circumstances, most