§ 775. The next provision is: "When the president of the United States is tried, the chief justice shall preside." The reason of this clause has been already adverted to. It was to preclude the vice president, who might be supposed to have a natural desire to succeed to the office, from being instrumental in procuring the conviction of the chief magistrate.[1] Under such circumstances, who could be deemed more suitable to preside, than the highest judicial magistrate of the Union. His impartiality and independence could be as little suspected, as those of any person in the country. And the dignity of his station might well be deemed an adequate pledge for the possession of the highest accomplishments.
§ 776. It is added, "And no person shall be convicted, without the concurrence of two thirds of the members present." Although very numerous objections were taken to the constitution, none seems to have presented itself against this particular quorum required for a conviction; and yet it might have been fairly thought to be open to attack on various sides from its supposed theoretical inconvenience and incongruity. It might have been said with some plausibility, that it deserted the general principles even of courts of justice, where a mere majority make the decision; and, of all legislative bodies, where a similar rule is adopted; and, that the requisition of two thirds- would reduce the power of impeachment to a mere nullity. Besides; upon the trial of impeachments in the house of lords the conviction or acquittal is by a mere majority;[2] so that there is a failure of any analogy to support the precedent.
