Page:The Records of the Federal Convention of 1787 Volume 3.djvu/410

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February 23, 1804.

Luther Martin, [attorney for the defence]: … We have been told by an honorable Manager, (Mr. Campbell,) that the power of trying impeachments was lodged in the Senate with the most perfect propriety; for two reasons—the one, that the person impeached would be tried before those who had given their approbation to his appointment to office. This certainly was not the reason by which the framers of the Constitution were influenced, when they gave this power to the Senate. Who are the officers liable to impeachment? The President, the Vice President, and all civil officers of Government. In the election of the two first, the Senate have no control, either as to nomination or approbation. As to other civil officers, who hold their appointments during good behavior, it is extremely probable that, though they were approved by one Senate, yet from lapse of time, and the fluctuations of that body, an officer may be impeached before a Senate, not one of whom had sanctioned his appointment, not one of whom, perhaps, had he been nominated after their election, would have given him their sanction.

This, then, could not have been one of the reasons for thus placing the power over these officers. But as a second reason, he assigned, that, if any other inferior tribunal had been entrusted with the trial of impeachments, the members might have an interest in the conviction of an officer, thereby to have him removed in order to obtain his place; but, that no Senator could have such inducement. …

I see two honorable members of this Court, (Messrs. Dayton and Baldwin,) who were with me in Convention, in 1787, who as well as myself, perfectly knew why this power was invested in the Senate. It was because, among all our speculative systems, it was thought this power could no where be more properly placed, or where it would be less likely to be abused. A sentiment, sir, in which I perfectly concurred, and I have no doubt but the event of this trial will show that we could not have better disposed of that power.

… Will it be pretended, for I have heard such a suggestion, that the House of Representatives have a right to impeach every citizen indiscriminately? For what shall they impeach them? For any criminal act? Is the House of Representatives, then, to constitute a grand jury to receive information of a criminal nature against all