Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/235

 CH. X.] other and better practical scheme for the trial of impeachments can be devised. One scheme might be to entrust it to the Supreme Court of the United States; another, to entrust it to that court, and the senate jointly; a third, to entrust it to a special tribunal appointed permanently, or temporarily for the purpose. If it shall appear, that to all of these schemes equally strong objections may be made, (and probably none more unexceptionable could be suggested,) the argument in favour of the senate will acquire more persuasive cogency.

§ 755. First, the entrusting of the trial of impeachments to the Supreme Court. This was, in fact, the original project in the convention. It was at first agreed, that the jurisdiction of the national judiciary should extend to impeachments of national officers. Afterwards this clause was struck out; and the power to impeach was given to the house of representatives; and the jurisdiction of the trial of impeachments was also given to the Supreme Court. Ultimately, the same jurisdiction was assigned to the senate by the vote of nine states against two.

§ 756. The principal reasons, which prevailed in the convention in favour of the final decision, and against vesting the jurisdiction in the Supreme Court, may fairly be presumed to have been those, which are stated in the Federalist. Its language is as follows: Where else, than in the senate, could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel confidence enough in its own situation, to preserve, unawed and