Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/270

 262 the constitution, not to be objects of the impeaching power.

§ 793. It may be admitted, that a breach of duty is as reprehensible in a legislator, as in an executive, or judicial officer; but it does not follow, that the same remedy should be applied in each case; or that a remedy applicable to the one may not be unfit, or inconvenient in the other. Senators and representatives are at short periods made responsible to the people, and may be rejected by them. And for personal offences, not purely political, they are responsible to the common tribunals of justice, and the laws of the land. If a member of congress were liable to be impeached for conduct in his legislative capacity, at the will of a majority, it might furnish many pretexts for an irritated and predominant faction to destroy the character, and intercept the influence of the wisest and most exalted patriots, who were resisting their oppressions, or developing their profligacy. It is, therefore, with great reason urged, that a legislator should be above all fear and influence of this sort in his public conduct. The impeachment of a legislator, for his official acts, has hitherto been unacknowledged, as matter of right, in the annals of England and America. A silence of this sort is conclusive, as to the state of public opinion in relation to the impolicy and danger of conferring the power.

§ 794. The next inquiry is, what are impeachable offences? They are "treason, bribery, or other high crimes and misdemeanours." For the definition of treason,