Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/251

manent national officers,) "will be reprobated by every man, who can compare the extent of the public wants with the means of supplying them. The second," (that is, of vesting it in state officers,)

will be espoused with caution by those, who will seriously consider the difficulties of collecting men dispersed over the whole Union; the injury to the innocent from the procrastinated determination of the charges, which might be brought against them; the advantage to the guilty from the opportunities, which delay would afford for intrigue and corruption; and in some cases the detriment to the state from the prolonged inaction of men, whose firm and faithful execution of their duty might have exposed them to the persecution of an intemperate or designing majority in the house of representatives. Though this latter supposition may. seem harsh, and might not be likely often to be verified; yet it ought not to be forgotten, that the demon of faction will, at certain seasons, extend his sceptre over all numerous bodies of men.

And the subject is concluded with the following reflection. "If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert."^[1]
§ 771. A scheme somewhat different from either of the foregoing has been recommended by a learned commentator,^[2] drawn from the Virginia constitution, by which, in that state, all impeachments are to be tried in the courts of law, "according to the laws of the land;" and by the state laws the facts, as in other cases, are to be tried by a jury. But the objections to this course

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1. The Federalist, No. 65.
2. 1 Tucker's Black. Comm. App. 337, 338.