The New-Jersey gazette — Burlington [N.J.], 1784-06-14 00:00:00, page 1

To the Printer of the New-Jersey Gazette.
SI R,
AMIDST all the political corruption and de
generacy of out grandmother Old England,
it must be owned that she hath been pecu
liarly careful to preserve her judicial de
partment spotless and undefiled. If one half of her
Bishops have no religion, and the majority of her
Parliament is bribed by the ministry, her courts of
justice are still uncontaminated ; and the most eminent
writers on jurisprudence pronounce her judiciary in
stitution to be the best in the world. While the
English Teem totally indifferent about the abilities or
characters of the greatest dignitaries in the church,
by often preferring to the most lucrative and distin
guished benefices the younger sons of the nobility,
and other bucks of inferior rank, destitute both of mo
rals and erudition (as if religion and divinity were of
Jess importance than justice and law) they have never
theless constantly filled the bench with the most re
fpe&able characters both for abilities and integrity.—
To give a greater luftre to their higher tribunals, and
to raise them above temptation, they have had the
wisdom to appoint their judges during good behavi
our; and given them an honourable and permanent
support. This imparts to them dignity and indepen
dence ; and hence the purity of their courts of justice
is now perhaps the only remaining band that (amidst
the wreck of publick and private virtue) holds toge
ther the pillars of that tottering nation.
In the appointment of our justices of the supreme
court, we have also paid great attention to the
talents and probity of those who have from time
to time been advanced to that illustrious station ;
and excepting, perhaps a single instance, that
important feat of justice has ever since the revolu
tion (before that period England adorned our bench
with the keepers of turn-pikes and the Bullies
of Brothels) reflected great honour upon the state,
and exhibited ample proof of the wisdom of those who
made so judicious a choice. Whether we ought not
also to allow our judges a liberal support, and so to
have framed the constitution as to appoint them dur
ing good behaviour, are questions that I do not in
tend, at present, to difeufs. My purpose in this pa
per is only to shew that their salaries ought to be fixed,
and to be commensurate with the duration of their of
fice. This I think essential to their independence, and
to exempt them from all influence and bias. It is true
that the judges under our constitution hold their com
missions for seven years, and may therefore be said to
be so far independent, as that they cannot, during
that period, be removed unless they misbehave. But
surely this independence is merely nominal, while
there is no permanent establishment for their support
equal to the duration of their commissions. For in
order to compel them to resign (which amounts to the
very fame thing as a formal removal or ouster) the
Legislature, which annually votes their salaries, has
only so to .educe them as to become inadequate to
their decent maintenance, and they must resign of
course. Ido not apprehend that any future Legisla
ture will ad so unreasonable a part. But I do infill
that the judges cannot be said to hold their offices
with proper independence, during the term of their
commissions, while they are exposed to such casualty:
And as legislators are fallible men, and have their
prejudices and passions as well as others, I am per
suaded that it would be for the greater security of our
liberties to put it out of their power. This I take to
be the very spirit of the constitution, which unquesti
onably intended that the judges should hold their of
fices for seven years, unless adjudged guilty of mifr
behaviour by the Council on an impeachment of the
4ffemblj. Every other way therefore that necessarily
and eventually amounts to a divesting them of their
offices, is indubitably repugnant to the constitution :
For what becomes of this wife provision to secure
their independence during the seven years, and which
manifeftly intended that they should not be removea
ble during that term, save only for mifbehaviour, if
the Assembly, either by wholly withdrawing, or un
reafopably curtailing their salaries, can compel them
NEW-JERSEY GAZETTE.
[Vol. VIL]
TRENTON: Printed by ISAAC COLLIN S, Printer to the State.
MONDAY, June 14, 178'4.
While we were fubjed to Great-Britain, we ap
peared to be duly sensible of the grand importance of
having our judges independent. The denial us this
inestimable privilege was deemed an enormous griev
ance, against which we loudly and very justly remon
strated: And this denial is constantly held up, among
other reasons assigned, for, that arduous contest which
has so happily terminated in our late glorious revolu
tion. In proof of this affe/ ion, I refer to the fol
lowing ads of Congress: Their address to the inha
bitants of the colonies the 21st of October, 1774:
Their petition to the King of Great-Britain the 26th
of October in the fame year: Their address to the
people of Ireland the 28th of July, 1775 : And the
declaration of Independency the 4th of July, 1776. —
And surely we ought not to be more careless about
the rights of mankind and citizens, when free, sove
reign and independent, thin we were while fubjed
to the power of an unfeeling and arbitrary prince.—
Nay, even this very prince, while he partially refufed
us, his then American fubjeds, that essential security
of freemen, which he granted to the English, declares
it to be one of the best securities to the rights and li
berties of the fubjed. “ I look (fays he in his firft
" speech to the Parliament) upon the independency
" and uprightness of judges as essential to the admini
" ftration of justice, and one of the best securities to
" the rights and liberties of my loving fubjeds, and
" as most conducive to the honour of my crown."
This grand security of our rights and liberties has
been duly attended to by some of our lifter states.
The constitution of New-Hampshire declares, “ It
" is essential to the preservation of the rights of every
“ individual, his life, liberty, property and character,
" that there be an impartial interposition of the laws
" and administration of justice. It is the right of
" every citizen to be tried by judges as impartial as
" the lot of humanity will admit. It is therefore not
" only the best policy, but for the security of the
" rights of the people, that the judges of the Supreme
" (or Superior) Court, should hold their offices so
" long as they behave well; and that they should
" have honourable salaries afeertained and established
"by landing laws. And in the government of this
" state, the three essential powers thereof, to wit, the
" Legislative, Executive, and Judicial, ought to be
" kept as separate and independent of each other, as
" the nature of a free government will admit."
In the constitution of Maryland is this provision :
" The independency and uprightness of judges are ef
'' fential to the impartial administration of justice, and
" a great security to the rights and liberties of the
" people. Wherefore the Chancellor and Judges
" ought to hold commissions during good behaviour,
" that salaries liberal, but not profule, ought to be
" secured to them during the continuance of their
" commissions."
The constitution of Pennsylvania provides, “ That
" the judges of the Supreme Court of judicature
" shall have fixed salaries."
By the constitution of Virginia, " The judges shall
" continue in office during good behaviour, and shall
" have fixed and adequate salaries."
And by that of North-Carolina, " That the Judges
" of the Supreme Courts of law and equity shall hold
" their office during good behaviour, and shall have
“ adequate salaries during their continuance in
“ office."
I shall conclude by observing, that to fettle a per
manent salary upon the Judges, is to deal fairly and
candidly with them. But is it fair and candid," after
to resign, tho' they behave ever so well? It is ren
dered altogether fruftrate and nugatory. Be this as
it may, I flatter myfelf that every reader who duly
confiders the importance rs the office, will concur
with me in lentiment on th fubjed matter of this pa
per. Are not the lives, he liberties, the property,
the peace and security of the citizens of this state,
intimately concerned in the decilions of the Supreme
Court? And ought not a tribunal of such extensive
jurifdidion to be wholly independent? Be the sala
ries of the judges what they may (though whoever is
against allowing them an honourable support, is most
injudiciously parsimonious) let them be fixed and per
manent.
The
Foreign Intelligence.
L OND O N, April 20.
UPON the continent known to us by the name
of the East-Indies, the Company in England
possess a trad of territory, larger than any European
dominion whatever, Russia and Turky excepted; the
population of this great empire is not easily to be af
eertained; but is supposed to contain thirty millions
of people; throughout all this vast extent of country
and of people, there is not a man who can eat a
mouthful of rice but by permission of the East-India
Company; and these are not an abjeCt and barbarous
populace, but eminently distinguished in the arts of
polilhed life, and have been civilized and cultivated
for ages. In this great and extensive country,
which we have deluged with blood, there is not a sin
gle prince, state, or potentate, with whom we have
come in contract, but we have fold; nor a single
treaty we ever made, that we have not broken. More
than twenty Sovereign Princes (many of those who
pofTeffed domains, and held rank in their refpe&ive
courts as high as human veneration could look at ;
amiable in their manners, and refpedable for their pi
ety) are at this moment, by force or treachery, re
duced to so dependent a state, as almost to want' the
common necessaries of life.—A defeendent of the great
Tamerlane, once high in grandeur as George the
Third of England, at this moment is in want of almost
an handful of rice! There are Queens of Sovereign
States with their children, that have been reduced to
beg through the English camps, and for an extent of
2000 miles, take your Hand where you will, the fame
uniform practice of treachery, plunder, and barbarity,
every where prevails.
they have accepted the office, in expectation if the
continuance of the salary then granted, and after hav
ing turned their attention to improve themselves in
the knowledge of the law, and quitted their former
employments; is it fair, I ask, after this, to make
those annual reductions according to the particular hu
mours of different Legislatures, to which stipulation
the officers are no parties, as they were to tire origi
nal contract? Do not the like services of one year
deserve as great a recompence as those of another?—
Were the salary fixed, the offices would be able to
judge with some cei tainty, at the time of his appoint
ment, whether he could, consistently with his duty to
himfelf, his family and the publick, accept of that
function, and relinquish the pursuit of other business:
But in the fluctuating case of yearly retrenchments,
his Hipend may at last become so curtailed, as that he
would not, had he forefeen it, have accepted of the
appointment ; but still in his then situation, he cannot,
with convenience, either continue in, or resign his of
fice. For we know from constant experience, that a
man who frequently changes his profeffion or employ
ment, seldom prospers in the world.
S C I P I O.
DUBL I N, April 7.
The plan sketched by the Northington Panders, for
the subjugation of Ireland to the English yoke,'be
gins now to unveil the mystery of that system of ty
lanny, which was to deprive the natives of trade,
constitution and liberty. As no man could be found
so fit to carry outrage and horror through the land,
as the military heroes, crowned with laurels, and
drenched in the blood of America, were poured in
here in the finds, by accident alone—not a village or
hamlet, town or city in the kingdom, that is not cram
med with English military, whose swords yet reek
with the blood of our American brethren. Seven re
giments now occupy the garrison of this capital, every
mar. of whom had orders, for many days past, to be
ready at a moment s warning, to march into the city -
the regiment of horse stood fully appointed. Yester
day a few Harving wretches formed a ragged group
of misery and despair, when the soldiery marched in
the pomp of war, and took possession of the Senate
Houle in Ireland. Every avenue, all the corridores
were crouded with infantry, while the horse galloped
[Numb. 318.]