Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/245

 CH. X.] a tendency to secure, in tribunals of justice, a spirit of moderation and exclusive devotion to juridical duties is of inestimable value. What can more surely advance this object, than the exemption of them from all participation in, and control over, the acts of political men in their official duties? Where, indeed, those acts fall within the character of known crimes at common law, or by positive statute, there is little difficulty in the duty, because the rule is known, and equally applies to all persons in and out of office; and the facts are to be tried by a jury, according to the habitual course of investigation in common cases. The remark of Mr. Woodeson on this subject is equally just and appropriate. After having enumerated some of the cases, in which impeachments have been tried for political offences, he adds, that from these "it is apparent, how little the ordinary tribunals are calculated to take cognizance of such offences, or to investigate and reform the general polity of the state."

§ 765. In the next place, the judges of the Supreme Court are appointed by the executive; and will naturally feel some sympathy and attachment for the person, to whom they owe this honour, and for those, whom he selects, as his confidential advisers in the departments. Yet the president himself, and those confidential advisers, are the very persons, who are eminently the objects to be reached by the power of impeachment. The very circumstance, that some, perhaps a majority of the court, owe their elevation to the same chief magistrate, whose acts, or those of his confidential advisers, are on trial, would have some tendency to diminish the public confidence in the impartiality and independence of the tribunal.