ot by the
senate alone.

But what good reason can be assigned why the senate is not the most proper
tribunal for that purpose? The members are to be chosen by the
legislatures of the several states, who will doubtless appoint persons of
wisdom and probity, and from their office can have no interested motives
to partiality. The house of peers in Great Britain try impeachments and
are also a branch of the legislature.

3. It is said that the president ought not to have power to grant pardons
in cases of high treason, but the congress.

It does not appear that any great mischief can arise from the exercise of
this power by the president (though perhaps it might as well have been
lodged in congress). The president cannot pardon in case of impeachment,
so that such offenders may be excluded from office notwithstanding his
pardon.

4. It is proposed that members of congress be rendered ineligible to any
other office during the time for which they are elected members of that
body.

This is an objection that will admit of something plausible to be said on
both sides, and it was settled in convention on full discussion and
deliberation. There are some offices which a member of congress may be
best qualified to fill, from his knowledge of public affairs acquired by
being a member, such as minister to foreign courts, &c., and on accepting
any other office his seat in congress will be vacated, and no member is
eligible to any office that shall have been instituted or the emoluments
increased while he was a member.

5. It is proposed to make the president and senators ineligible after
certain periods.

But this would abridge the privilege of the people, and remove one great
motive to fidelity in office, and render persons incapable of serving in
offices, on account of their experience, which would best qualify them for
usefulness in office--but if their services are not acceptable they may be
left out at any new election.

6. It is proposed that no commercial treaty should be made without the
consent of two-thirds of the senators, nor any cession of territory, right
of navigation or fishery, without the consent of three-fourths of the
members present in each branch of congress.

It is provided by the constitution that no commercial treaty shall be made
by the president without the consent of two-thirds of the senators
present, and as each state has an equal representation and suffrage in the
senate, the rights of the sta