Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/249

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CH. X.]
THE SENATE.
241
that sole purpose. But whatever arguments may be found in favour of such a plan, there will be found to be correspondent objections and difficulties. It would tend to increase the complexity of the political machine, and add a new spring to the operations of the government, the utility of which would be at least questionable, and might clog its just movements.[1] A court of this nature would be attended with heavy expenses; and might, in practice, be subject to many casualties and inconveniences. It must consist either of permanent officers, stationary at the seat of government, and of course entitled to fixed and regular stipends; or of national officers, called to the duties for the occasion, though previously designated by office, or rank; or of officers of the state governments, selected when the impeachment was actually depending.[2] Now, either of these alternatives would be found full of embarrassment and intricacy, when an attempt should be made to give it a definite form and organization. The court, in order to be efficient and independent, ought to be numerous. It ought to possess talents, experience, dignity, and weight of character, in order to obtain, or to hold, the confidence of the nation. What national officers, not belonging to either of the great departments of the government, legislative, executive, or judicial, could be found, embracing all these requisite qualifications? And if they could be, what compensation is to be made to them, in order to maintain their characters and importance, and to secure their services? If the court is to be selected from the state functionaries, in what manner is this to be accomplished? How can their acceptance, or performance of the duties, be
  1. The Federalist, No. 64.
  2. Id. No. 65.

vol. ii.31