who, together with the President, are to make laws in the several particular matters intrusted to them, and which are all enumerated and expressed. I think the number sufficient at the present, and in three years' time, when a census or actual enumeration must take place, they will be increased, and in less than twenty-rive years they will be more than double. With respect to this, different gentlemen in the several states will differ, and at least the opinion of the majority must govern.
Third. "The senators have a share in the appointment of certain officers, and are to be the judges on the impeachment of such officers. This is blending the executive with the legislative and judicial department, and is likely to screen the offenders impeached, because of the concurrence of a majority of the Senate in their appointment."
The President is to nominate to office, and, with the advice and consent of the Senate, appoint officers, so that he is the responsible person; and when any such impeachment shall be tried, it is more than probable that not one of the Senate, who concurred in the appointment, will be a senator, for the seats of a third part are to be vacated every two years, and of all in six.
As to the senators having a share in the executive power, so far as to the appointment of certain officers, I do not know where this restraint on the President could be more safely lodged. Some may think a privy counsellor might have been chosen by every state: but this could little amend the matter, if any, and it would be a considerable additional expense to the people. Nor need the Senate be under any necessity of sitting constantly, as has been alleged; for there is an express provision made to enable the President to fill up all vacancies that may happen during their recess—the commissions to expire at the end of the next session.
As to the impeachments, the objection is much stronger against the supreme executive council of Pennsylvania.
The House of Lords, in Great Britain, are judges in the last resort in all civil causes, and, besides, have the power of trying impeachments.
On the trial of impeachments, the senators are to be under the sanction of an oath or affirmation, besides the other ties upon them to do justice; and the basis is more likely to be against the officer accused than in his favor, for there are
