Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/233

 CH. X.] it against the propriety of any delegation of the power, which in such a case might be abused. This is not just reasoning in any case; and least of all in cases respecting the polity and organization of governments; for in all such cases there must be power reposed in some person or body; and wherever it is reposed, it may be abused. Now, the case put is either one, where the senate has ratified an appointment or treaty, innocently believing it to be unexceptionable, and beneficial to the country; or where the senate has corruptly ratified it, and basely betrayed their trust. In the former case, the senate having acted with fidelity, according to their best sense of duty, would feel no sympathy for a corrupt executive or minister, who had acted with fraud or dishonour unknown to them. If the treaty were good, they might still desire to punish those, who had acted basely or corruptly in negotiating it. If bad, they would feel indignation for the imposition practised upon them by an executive, or minister, in whom they placed confidence, instead of sympathy for his misconduct. They would feel, that they had been betrayed into an error; and would rather have a bias against, than in favour of the deceiver.

§ 753. If, on the other hand, the senate had corruptly assented to the appointment and treaty, it is certain, that there would remain no effectual remedy by impeachment, so long as the same persons remained members of the senate. But even here, two years might remove a large number of the guilty conspirators; and public indignation would probably compel the resignation of all. But is such a case supposable? If it be, then there are others quite within the same range of supposition, and equally mischievous, for which there can be no remedy. Suppose a majority of the senate, 29