The Wheeling repository — Wheeling, Va. [W. Va.], 1808-03-03 00:00:00, page 5

evidence of property, of honour, and of
inlamy. So that whatever concerns, or
in the smallest degree intermeddles in
the administration of justice, is placed
beyond the reach of executive or Iegis
.ative controul. And yet this universal
scheme of judicial independence, met
the reprobation of some ol our most en
lightened citizens—not because of its
stiength but because of its weakness ;
since under pretext of making their sa
huies adequate, the assembly could
starve the judges out of their places_
It was contended that the freedom of
trial could never he sacred, unless the
legislature were deprived ol the power
ot lessening the salaries of judges dur
ing their continuance in oflice. This de
lect lurnishes Mr. Jefferson’s fourth ob
jection to our state constitution. I will
quote him in his own words, because
! b y convey my own opinion in language
be tter than I am master of. “Ail the
powers of government, legislative, exe
cutive, and judiciary,result to the legis
late body. The concentrating these
ii. the same hands, is precisely the de
muiun oi otspotic government. It will
be no alleviation, that these powers will
be exercised by a plurality of hands,
and not by a single one. 173 despots
would surely be as oppressive as one.
Let those who doubt it, turn their eyes
on the republic of Venice. As little
will it avail us that they are chosen by
©urselves. An elective despotism was
not the government we fought for ; but
tine which should not only be founded
on pure principles, but one in which the
powers of government should he so divi
ded and balanced among several bodies
oi magistracy, as that no one could
transcend their legal limits, without be
ing effectually checked an 1 restrained
bv the others. For these reasons, that
convention which passed the ordinance
of government, laid its foundation on
this basis, that the legislative, judiciary,
and executive departments should be
separate and distinct, so that no person
should exercise the powersol more than
one of them at the same time. But no
barrier was placed between these several
powers. The judiciary and executive
members were left dependent on the le
gislative for their subsistence in office,
and some of them for their continuance
in it. If, therefore, the legislature as
sumes executive and judiciary powers,
no opposition is likely to be made; nor’
if made, can it be effectual.” ’
Mr. Jefferson, in his own frame of
government, drawn up with a view to
submit it to the state convention ex
pected to be convened in 1784, propos
es to provide effectually against the
power to lessen the judges salaries dur
ing their continuance in office.
I will next examine the judicial tc
nure as secured by the constitution of
the United States, which it is now pro
posed to alter and impair. And that
tenure is, precisely the tenure of the
V irgmm judges, except that the salaries
ol federal judges cannot be diminished
during their continuance of office. The
constitution of the United States, as -to
this subject, is precisely what.Mr. Jef
ferson supposes the constitution of Vir
ginia and of every, free state ought to
he. The only defect which he has dis
covered in the judicial tenure in his na
tive state, is, effectually provided against
oy the federal constitution. And there
was a time when.this opinion was una
nimously entertained, and cherished in
a com ention, containing the brightest
constellation of talents and patriots, that
tins commonwealth ever produced,_
that convention which adopted the fe
vy,ai wnsuiuuon. from an examina
tion ot t!ie debates of that body as pub
lished, it will appear that human inveu
tion and ingenuity were put to the. tor
ture, to conjure up objections to the
scheme of government then under their
consideration. Some of these were cal
culated to excite our wonder and sur
prise, and others our contempt. Yet in
this heat oi opposition ; this determina
tion to find fault, not one solitary voice
• as heard against the independence of'
l!le judges. The power to make trea
ties ; to raise taxes ; to build navies;
e.uli department oi die government, as
they separately.came 'lijdcr considera
tion, met with the most rigid scrutiny.
1 he necessity ol a ft dcral judiciary was
disputed ; but this being resolved on,
there was one unanimous opinion, that
that judiciary should be a separate, dis
tinct and independent branch of the pro
posed government; and that the judges
hpuld hold th,eir offices during good
behavior and he only removeable by im
peachment. . T here were some mem
bers, and among them the immortal
Henry, who contended that the tenure
proposed was not sufficiently independ
ent !—And there were others who con
sidered the excellence of this branch as
sufficient to redeem the constitution
from the other errors which they attri-'
buted to it.
In pursuing the comparison between *
the federal judiciary and those of Virgi
nia and Great Britain, I feel myself
ound to admit that the first is very de
ectivc ; for the office of marshal is in
the absolute power and controul of the
rresident, and holden at his pleasure.
1 cannot say that every man, on this
account, lies at the President’s mercy;
iut mi 1 say, that a fair trial can hardly
be expected. When the President be
comes the prosecutor, as he is frequent
ly bound to do, of what avail is it to the
citizen, that his judge is intelligent and .
impartial,, if influence and corruption*
have conspired in selecting his jury? If
facts are found against him by partial
men om incredible testimony,'and lie
suffers death or infamy unmeritedlv, it
is the same thing to him, whether the
error be m the judge or the marshal;
whether it flow from a dependent judi
ciary, or a dependent officer of the Pre
sident. , [ To be continued.]
W H E E L ING,
Thursday, 3d March, 1808.
On Sunday last, Daniel Bacon, of '
Warren, seven miles above this place,
waded into the Ohio and drowned him
self. He has left a family, to lament
the desperate deed.
Extract of a letter from Washington ,
City, dated February 20th.
“ Various rumours have been afloat
respecting the negociation. Nothing is
known to any person but the cabinet,
i he opinion, that the negociation with
(neat-Brjtain will terminate favoura
bly, has been gaining ground the last
two weeks,
“A long cabinet council has been *
held, which terminated last Thursday
evening. On Friday morning a letter
was written by the Secretary at War,to
Mr. Dawson, chairman of the commit
tee on military and naval affairs, stating
that the Executive wished six thousand
troops to be raised immediately. Thi$
• has not become public ; but I received
the information from a gentleman who.,