Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/229

 CH. X.] and scrutinize the charges against the accused; and, on the other hand, their connection with, and dependence on, the states, will make them feel a just regard for the defence of the rights, and the interests of the states and the people. And this may properly lead to another remark; that the power of impeachment is peculiarly well fitted to be left to the final decision of a tribunal composed of representatives of all the states, having a common interest to maintain the rights of all; and yet, beyond the reach of local and sectional prejudices. Surely, it will not readily be admitted by the zealous defenders of state rights and state jealousies, that the power is not safe in the hands of all the states, to be used for their own protection and honour.

§ 749. The next objection regards the undue accumulation of power in the senate from this source connected with other sources. So far as any other powders are incompatible with, and obstructive of, the proper exercise of the power of impeachment, they will fall under consideration under another head. But it is not easy to perceive, what the precise nature and extent of the objection is. What is the due measure or criterion of power to be given to the senate? What is the standard, which is to be assumed? If we are to regard theory, no power in any department of government is undue, which is safe and useful in its actual operations, which is not dangerous in its form, or too wide in its extent. It is incumbent, then, on those, who press the objection, to establish, by some sound reasoning, that the power is not safe, but mischievous or dangerous. Now, the power of impeachment is not one expected in any government to be in constant or frequent exercise. It is rather intended for occasional and