The Wheeling repository — Wheeling, Va. [W. Va.], 1808-03-10 00:00:00, page 3

the proper time to weaken the judiciary.
Do we not s e in one state the most evi
deut ani alarming symptoms of hostili
t), not only to the federal judiciary, but
to the system of legal trial by courts and
juries ? In one great state, there is now
in force an act of assembly for authoriz
ing the governor to call out the militia,
o-der to resist the marshal of the li
nked States in the execution of a de
cree, pronounced by a federal district
court, in a case where the supreme
court of errors and appeals of that state
refused to hold cognizance of the cause,
®n the ground that its cognizance be
longed to the federal courts, and the su
preme court of the United States has
decided that the federal court has ju
risdiction. In the same state a dispute
has subsisted a great length of time, be
tween certain companies and settlers
under them upon their lands. d'he
state has sold to the companies and
received the purchase money. It lias
now in form taken sides with the set
tlers, and lately by a special act ordered
a pai ticular court to be holden, and
“ issues to Dc made up, by which
the law was, as matter of fact, to be tried
by a jury, and their determination to be
u precedent in the like cases. If the
settlers prevail, the consequence will be
taut the state will again receive the pur
chase money from them. The supreme
aourt ol the United States decided a
g.iinst the settlers, and last winter the
legislature of that state resolved, that
t/u-ij had an interest, and therefore the
Jederul courts had no cognizance of the
causes, I his resolution thev ordered to
be certified to all the federal judges and
marshals. \VTe may observe by the pub
lic prints, that a resolution "is now laying
on the table of one house of the legisla
ture ol one of the states, for vesting ri
traverse jurors, in civil cases, the right
to decide on the competency of all wit
nesses brought before them: and I doubt
not that if the author of the resolution
knew that it did not embrace the rele
vancy of testimony, he would include it
uiao. i here is another state, in which a
late law has provided, that lands adver
tised for sale for the non-payment ol.
taxes, shall be advertised to be sold in
iae township where they are situated :
u Provided, mvertheless, that if a sale
should happen in a different township,
r*uch sale shall be good.” This act must
h“Ve been passed for the base purpose
°1 speculating on the lands of people
n°t residing in the state. Great *.pecu
tatiorte have been made* TJ^e federal
courts could not sanction such nefarious
proceedings, and yet the state judges
would be obliged to do it or resign.
How stand the judiciaries of these
states ? That of one is appointed for se
ven years at a time; and that of the other
is removeable on an address from the
legislature, if the governor concurs.—
And if the amendment under consider
ation obtains, he must be ignorant of
human nature, who can believe these
states will not compel their representa
tives to vote for the removal of every
judge whose opinions thwart their views;
nor do I believe the legislature of Ken
tucky would act differently. Our own
citizens own much real property in that
slate, and this assembly has heretofore
given unequivocal proof of its desire to
preserve this property a subject of fede
ral cognizance. Here then, indepen
dently of the operation of party passions
and popular prejudices, are three great
states whose interests impel them to
hostility to an independent federal judi
LitU > • l
Let me now enquire of gentlemen,
wherefore they desire this change ?—
This question they are unable to answer.
I discover that no two members agree
in opinion, whether any, and what evil
exists, and the manner or mode of ef
fecting a remedy. There is a fatal a
greemeqt, that a change is necessary ;
hut as to what that change .shall be,
there is no agreement. One gentleman
desires to make the federal judges de
pendent on the state legislatures; ano
ther on three fourths of the state legis
latures ; another on the people ; another
on a majority oi each house of congress
and the president ; another on these ma
jorities without the president; another
on two thirds of both houses ; and an
other on a majority of one house and
two thirds of the other. Thus the ene
mies ol judicial independence are uni
ted by no common object or motive.
They are only identified by one com
mon accident—that diatheses mutandi
by which they are infected. While they
act on the probability of corruption in
one department of the government, they
will not admit the possibility oi corrup
tion in another, even as a ground of
argument against them. They forget
that the departments are ideal things,
and the men who fill them the realities.
This is not a warfare against depart
ments, but against human nature ; and
:vcn in this they are inconsistent. To
day they will confide nothing to a judge,
who has no power to abuse ; but they
can rely with confidence in the purity
and patriotism of those who hold the
sword and the purse, and preside over
questions of peace and war. To-mor
row they will attack the senate of the
United States, and the next day the
president.
Mr. Chairman, If no danger is to be
apprehended from the departments of
government, these departments have
much to fear from one common evil,
with which all our institutions are threat
ened—the ambition and folly of young
men who begin to fill our legislative
houses. I he love ot distinction is a
ruling passion. It operates alike in e
yery department and pursuit of life_
I hat thirst lor glory by which the young
subaltern is impelled to court danger,
and to rush into the heat and fury of
battle, is nothing more than the love of
distinction. By the same motive is the
youthful hero of political strife actuated.
When first he is elected by the people,
he is resolved to distinguish himself in
their service. Until he takes his scat,
ins dreams are those of honour and re
nown. At length he enters the legisla
tive hall, his pocket filled with proposi
tions on paper, and his head swimming
with visions. He commences the ca
reer that is to lead him to glorv, hy a
i bold and vigorous attack on the consti
tutions of his country. He besieges the
ramparts by which the libe y of the
nation is secured ; and while he sup
poses he is widening and strengthening
their base, he is scattering their broken
fragments before the tempest of his pas
sions. If you talk to these voung he
roes about experience, your words arc
thrown away, liefer them no farther
back than to the times and opinions of
their grand-fathers, and their vision is
so intercepted and perverted by the mist
of time, that you will be told gf the
“deeds of error and superstition, done
and committed in the dark and benight
ed ages of antiquity.” They fancy their
own time to be the blessed era of hu
man perfection, and themselves the for
tunate instruments of its influence_
Against such heroes I would eautioa
this committee $ and invite them to seek
for a more honourable anu less perish
able glory, by using the weight of their
talents and official stations, in awaken
ing the people to a sense of their true
interests, and restoring their wandering
affections to the laws and institutions of
their country.