Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/246

 238 § 766. But, in the next place, a far more weighty consideration is, that some of the members of the judicial department may be impeached for malconduct in office; and thus, that spirit, which, for want of a better term, has been called the corporation spirit of organized tribunals and societies, will naturally be brought into play. Suppose a judge of the Supreme Court should himself be impeached; the number of his triers would not only be diminished; but all the attachments, and partialities, or it may be the rivalries and jealousies of peers on the same bench, may be, or (what is practically almost as mischievous) may be suspected to be put in operation to screen or exaggerate the offence. Would any person soberly decide, that the judges of the Supreme Court would be the safest and the best of all tribunals for the trial of a brother judge, taking human feelings, as they are, and human infirmity, as it is? If not, would there not be, even in relation to inferior judges, a sense of indulgence, or a bias of opinion, upon certain judicial acts and practices, which might incline their minds to undue extenuation, or to undue harshness? And if there should be, in fact, no danger from such a source, is there not some danger, under such circumstances, that a jealousy of the operations of judicial tribunals over judicial offences, would create in the minds of the community a broad distinction in regard to convictions and punishments, between them and merely political offences? Would not the power of impeachment cease to possess its just reverence and authority, if such a distinction should prevail; and especially, if political victims rarely escaped, and judicial officers as rarely suffered? Can it be desirable thus to create any tendency in the public mind