eachments, of persons wholly distinct from the other departments
of the government? There are weighty arguments, as well against, as
in favor of, such a plan. To some minds it will not appear a trivial
objection, that it could tend to increase the complexity of the
political machine, and to add a new spring to the government, the
utility of which would at best be questionable. But an objection which
will not be thought by any unworthy of attention, is this: a court
formed upon such a plan, would either be attended with a heavy
expense, or might in practice be subject to a variety of casualties and
inconveniences. It must either consist of permanent officers, stationary
at the seat of government, and of course entitled to fixed and regular
stipends, or of certain officers of the State governments to be called
upon whenever an impeachment was actually depending. It will not be easy
to imagine any third mode materially different, which could rationally
be proposed. As the court, for reasons already given, ought to be
numerous, the first scheme will be reprobated by every man who can
compare the extent of the public wants with the means of supplying them.
The second will be espoused with caution by those who will seriously
consider the difficulty of collecting men dispersed over the whole
Union; the injury to the innocent, from the procrastinated determination
of the charges which might be brought against them; the advantage to the
guilty, from the opportunities which delay would afford to intrigue
and corruption; and in some cases the detriment to the State, from the
prolonged inaction of men whose firm and faithful execution of their
duty might have exposed them to the persecution of an intemperate or
designing majority in the House of Representatives. Though this
latter supposition may seem harsh, and might not be likely often to be
verified, yet it ought not to be forgotten that the demon of faction
will, at certain seasons, extend his sceptre over all numerous bodies of
men.
But though one or the other of the substitutes which have been examined,
or some other that might be devised, should be thought preferable to
the plan in this respect, reported by the convention, it will not follow
that the Constitution ought for this reason to be rejected. If mankind
were to resolve to agree in no institution of government, until every
part of it had been adjusted to the most exact standard of perfection,
society would soon becom
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