What if the State Legislatures do not have power to punish? They have no power to punish any official delinquences in the Senator, however gross and palpable, or any other violation of moral duty. They have no right, if they enjoyed the gift of divination, to prescribe the course of the Senator by law, providing for all contingences, nor can they order punishment by an ex post facto law, or cause punishments to be inflicted without a regular judicial trial, for any offence, except an immediate violation of their own order. Even if a Senator violates his positive pledge, the Legislature cannot punish him. They appear to be in this respect like all other constituencies, at the mercy of their representatives. Whether he acts morally or officially wrong, they cannot as constituents punish him. Impeachment seems to be the only remedy provided by any constitution, for any delinquency of any Legislator acting in his official capacity; and this being in the hands of the body to which he belongs, is generally inefficient. It seems to be a sufficient answer to all arguments founded upon the incapacity of the Legislature to punish for a violation of this particular duty, to say that it cannot punish for a violation of any duty. Can it be hence inferred that the Senator has no duties? Unless it can, our adversary's argument is defective. Suppose it had the power to punish generally for what it deemed offences? Can any one doubt that it would punish this as one of the highest? But the power of _subsequent_ punishment, or its absence, can neither create or extinguish a _previous_ moral or official duty. The Judge, in my humble judgment, begs the question, when he says, “it is left to his _option_ to obey or not”—“a right to command is at once met and nullified by a right to refuse.” Our doctrine contends that he has no right to refuse, but we grant that he has the physical _power_ to disobey, without the moral right. The only option which we allow him is that of resigning or obeying. If he resigns, of course, in ceasing to be our representative or servant, our commands cease to be of any force with regard to him.