Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/237

 CH. X.] § 757. There remains a further consideration, which will not a little strengthen this conclusion. It is this. The punishment, which maybe the consequence of conviction upon impeachment, is not to terminate the chastisement of the offender. After having been sentenced to a perpetual ostracism from the esteem, and confidence, and honours, and emoluments of his country, he will still be liable to prosecution and punishment in the ordinary course of law. Would it be proper, that the persons, who had disposed of his fame, and his most valuable rights, as a citizen, in one trial, should, in another trial, for the same offence, be also the disposers of his life and fortune? Would there not be the greatest reason to apprehend, that error in the first sentence would be the parent of error in the second sentence? That the strong bias of one decision would be apt to overrule the influence of any new lights, which might be brought to vary the complexion of another decision? Those, who know any thing of human nature, will not hesitate to answer these questions in the affirmative; and will be at no loss to perceive, that by making the same persons judges in both cases, those, who might happen to be the objects of prosecution, would, in a great measure, be deprived of the double security intended them by a double trial. The loss of life and estate would often be virtually included in a sentence, which in its terms imported nothing more, than dismission from a present, and disqualification for a future office. It may be said, that the intervention of a jury in the second instance would obviate the danger. But juries are frequently influenced by the opinions of judges. They are sometimes induced to find special verdicts, which refer the main question to the decision of the court. Who would be willing to stake his life