President himself could throw upon the subject, we should have every reasonable security for the due exercise of the legislative wisdom, and a fair expression of the public will. But if, after all this, the legislature, in both its branches, should still adhere to their opinion, the theory and the sound practice of all our institutions require that their decision should be binding and final.
But the great defect of the Constitution in relation to this department is, that the responsibility of the President is not duly secured. I am sensible of the great difficulty which exists in arranging this subject properly. It is scarcely possible to lodge the power of impeachment any where, without subjecting it to the danger of corrupting influences; and it is equally difficult so to limit the extent and direct the exercise of that power, as to reconcile a proper responsibility in the officer, with a proper independence and sense of security, in the discharge of his duties. The power to try impeachments is correctly lodged with the senate, the representative of the States; for, as the government, with all its offices, was created by the States, the States alone should have the right to try and to remove the delinquent incumbents. But in the exercise of this power, the concurrence of too large a proportion is made necessary to conviction. The same reasoning applies here which was applied to the veto power. Nothing short of the most flagrant and indisputable guilt will ever subject a president to removal by impeachment. He must be, indeed, but little practiced in the ways of men, or strangely misled and infatuated, if, with all the means which his office places within his control, he cannot bring over at least one-third of the senate to his support.
It is scarcely to be supposed that a man elected by the suffrages of a majority of the States would, within the short period of four years, so far forfeit his standing with the public, as not to retain the confidence of at least one-third of them. Besides, he has abundant means of influencing the conduct of his triers, however strong may be public opinion against him. To require, therefore, the concurrence of two-thirds [ *122 ]*of the senators present, is, in effect, to render the whole process an idle form. It might not be safe, however, to repose this high trust in a bare majority. The object to be attained
