I conceive that the Senators are not impeachable, and therefore Governor Randolph's objection falls to the ground. I am surprised that a man of that gentleman's abilities should have fallen into this mistake. The Senators having a power over their own members, have the right of expulsion. For upon impeachments, the punishment is only removal from, and incapacity to hold offices.
Expulsion amounts to the same thing.
It is a generally received maxim among writers on government, that the Judiciary and Legislative departments should be kept distinct. In the English government, which is certainly the freest in Europe, the House of Lords not only try impeachments, but is the highest civil court in the kingdom. But whenever members of either House have been impeached, it was as great officers of State. Under the federal government this is impossible, because the members of neither House can hold any office of State. If this reasoning be not conclusive, the fourth section of the second article puts it out of doubt, viz.