Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-18

violate !, with impunity ? Can any thing
be more abiord than to admit, that the
Judges are. q check upon the Legislature,
and yet TO contend that they exit at the
Will Of the iegiaatu,e.! A check muf ne
ceGarily imply power commemorate to
its end. The political lody dehgned 10
check another mutt be independent of il,
+ o,herwiie there can be no check. What
check Can there be when the power de-
Gened to be checked can annihilase the
body which is to refrain it :
I 90 farther, Mr.. Chairman, and take
ftronger ground. ! fay in the nature of
things the dependence of the judges upon
the legiIlature, and their RICH, to declare
the acts of the Legislature void, are re-.
poignant and canno, EXIT together. The
doctrine, ir,. fuppoies two rights-iira
the right of the Legislature to dsifroy the
Office Of the Judge, and the right of the
Judge to vaca,e the att of the Legislature.
You have a right to abolifh by law,
the Offices Of the judges Of the circuit
courts. They have right to declare
your law void. 1t unauoidably follows
in the exerciie offheie rights, either thar
you defroy their rights, or they defroy
yours. This doctrine is not a harmless
abfurdi.y, it is a mott dangerous hereby.
1t is doctrine which cannot be prattifed
without producing not difcord only, but
bloodhed. If you PATS the bill upon
your table the judges have conaitu'i-
al right to declare it void. ! hope they
will have courage TO exercifc that right
and if, fir, l am called upon to take my
iide, aanding acquitted 10 my confidence
and before my God, of all motives bH
the iuppc-t of the contribution of my
country, ihxll not trembie at the conie-
quences.
The contribution may have its enemies,
but l know that it has alIo its friends. /
beg gentlemen to pauie before they take
this I2fh itep. There are many, very
many who believe, ifyou itrike this blow,
you irhiet morta! wound on the confti-
tuticn. There are many now willing to
fpill their blood to defend that conititu.
tion. Are gentleman dif pofed to rik the
consequences Sir, | mean no threats-I
have no expectation CT appalling the fout
hearts Of my adyeriaries but if gentle
men are regardless Of themielyes, let them
conider their. wives and children, their
neighbours and their friends. Will they
rifk civil diAention; will they hazard the
welfare, will they jeopardize the peace
OF the country, to fave paltry fun of
money, leis than thirty thoufand dollars.
Mr.. Chairman, am confident that
the friends of this meslurs are not ap-
priced of the nature of its operation, nor
lenGble of the mifchicveus consequences
which are likely to attend it. Sir, the
morals Of your people, the peace of the
country, the liability Of the government,
reR upon the maintenance of the in!epsn-
dence Of the. judiciary. 1t is not of half
the Importance in England, that the judges
fhould be independent Of the crown, as it is
with U.s., that they ihould be independent
of the Legislature. Am l alked, would
you render the judges hyperion to the le-
giAa;ure? ! aniwer, no, but co. ordinate.
Would you render them independent Of the
OF legilature? Ianfwer, yes, Independent
every power on earth, while they bekav-
ed themfelyss well. The efential inte-
reas, the permanent welfare of iociety,
require this independence. Not, fir, on
account OF the judge; that is iinall
confederation, but on account OF thole
between whom he is to decide. You
calculate on the wsaknefes of human ma
ture, and you fuffer tie judge to be Deepen
den. on no one, LEFT he lhould be partial
to rhufe on wI.omhe depends. Juitice does
not exit where par,iality prevails. AIDE
pendent judge cannot be impartial. In
dependence is therefore eGsntial to the pu-
rity of your Judicial tribunals.
Let it De remembered, that no power
is 10 ienGbly felt by fociegy, as that Of the
judiciary. The lite and property of every