University of Virginia Library

6. CHAPTER VI.
CONSIDERATIONS ON THE POWER OF IMPPEACHMENT—Continued.

THE power of impeachment, is the most salutary
principle of a free government. Where there is a full
scope for this, there is no danger of convulsions; and
there is a prospect that the constitution may be preserved.
Injustice may be done: no doubt of that, and injustice
a thousand times, has been done. But it is the fortune
de guerre; the fate of war; in other words, a tacit
condition of the acceptance of an office. It is a maxim
of law, qui sentit commodum sentire debet et onus. A
good book might be written on the history of impeachments.
It would be instructive; and might be entertaining.

I would like to see the sentiment I have broached, fully
developed; and the history of impeached characters,
so far traced, as to see whether some conduct in a public
capacity, or in the ways and means of getting at public
office, or appointment, had not laid the foundation of
the ultimate prosecution. The presumption is, that the
shoe must have pinched somewhere, to have produced
that uneasiness which has been felt; and which has terminated
in a public accusation. And, in some particular
perhaps, in which the individual may have deserved
commendation rather than blame; but upon which it has
been thought the more practicable to succeed, taking
into view the prejudices of the times. Such an investigation
of causes and effects, might save the character of
democratic governments from much blame. I admit it
would not perfectly justify the impeaching for one cause,
while another was more in the minds of the public;
but it would account for it, and excuse it. One is less
shocked at the imprisonment and fine of Miltiades, when
we recollect his demand of an olive crown after the battle

of Marathon. It was answered to him, “when you
shall conquer alone, it will be time enough to ask to have
honours paid you alone.” It may easily be seen, from
his coveting this distinction, that his ambition was not
sufficiently regulated; and it may be inferred, that the
like spirit exhibited in other instances, may have given
just offence to a people jealous of equality.

I have known a man in office, whose sordid mind in
money matters, appeared to me to render him undeserving
of an office; and though this could not render him
liable to an impeachment; yet, if he was impeached for
something bordering on what was impeachable, there
would be a predisposition to be reconciled to his being
found guilty. For no man deserves an office in a republic,
that is mean in money matters, and is justly chargeable
with a sordid oeconomy.

Inordinate self-love in the accumulation of office, in a
single family, is at all times obnoxious to popular dislike,
and the most upright discharge of a public function, will
not atone for the engrossing money in one's own person, or
that of connections.

One consideration ought to go a great way in reconciling
the public mind, in a popular government, to the
bearing these things when they occur, that nature is
constantly acting to remove the grievance, by death, and
in this way to bring about rotation in office. Combinations
will be broken by the quiet operation of this general
law; pluralities will disappear; and the poor devil that
is disgracing himself by a nearness that is contemptible,
cannot always live to enjoy, if he ever may be said to enjoy
the savings of his penury. In the mean time, it is a
satisfaction, that if the general contempt is not felt by
him, it is felt by every one else.

Where a man is liberal in his private dealings, and
contributes to objects of utility according to his means, he
is thought deserving of office, and his generosity and
public spirit, like charity, will cover a multitude of sins.
It is rare that such a character becomes the subject of
popular prosecution. Where indeed his liberality is but
the stilt of his ambition; and this is indulged so as to
wound the self-love of others, we need not wonder if it
draws persecution. The most manly thing that I know
in the history of the Roman senate, is the impeaching
Manlius Capitolinus. Generosity, and public spirit

on his part had shewed itself to be but the stilt of ambition.
That is, it was not public spirit, but inordinate
self-love. He had saved Rome in defending the capital;
but he was not satisfied with the consciousness of this,
and the gratitude of his country on all occasions expressed;
but he must be the only man of any name in the
state. With a view to this, what were his arts? Affecting
to be the advocate of all confined for debt; paying
debts himself for some, with ostentation; shewing his
wounds and scars, and perpetually talking of having defended
the capital, haranguing against the senate, and
charging them with concealing the public treasures; remonstrating
with the community on their not knowing
their own strength, and doing themselves justice in the
government. From these arts, such was his influence
with the body of the people, that even the dictator Cornelius
Cassus the second after Romulus, who had taken
the spolia opima; and who was created dictator for this
purpose, amongst others, of checking the sedition, dreaded
it more than the war against the Volsci, which he
was obliged first to meet. For though returning victorious
over the enemy, and armed with the honour of a
triumph, yet he considered the contest at home as the
more formidable; and though he had ordered him into
custody, yet had not thought it advisable to proceed farther
against him. It was thought that his abdicating the
dictatorate, which he did at this time, was owing to his
not chusing to meet the tempest that was breaking out
on behalf of this demagogue to liberate him from the prison.
The consuls now chosen, and the senate, were in
consternation, when at the proposition of two tribunes
of the people, Marcus Mœnius, and Quintus Publius, the
bold measure was adopted of charging him before the
people themselves, and bringing him to an impeachment.
The result was, that the very people rallying onward to
support him, were arrested in a moment at the idea of
guilt charged upon him, and themselves made the judges.
What was the charge? Why simply that of attempting
to destroy the balance of the government, by
inflaming the populace, and running down the senate.—
Yet, strange as it may seem, this very populace who were
alleged to be the subject of his arts, and the means of his
treason, on a fair examination, found him guilty; and in
order to stamp his conduct with perpetual disgrace, it
was provided, that no one of the family of Manlius,
should ever bear the name of Marcus, which was his
name. He was thrown from the Tarpeian rock like the
vilost of criminals.