Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-04-05

y I'M N-
holilh by law, the Offices of the iGdoes y
the circuit courts. They have 4 }iobt
TO declare your law void. Il M o.
voidably follows in the exercife oftbne.
rights, either that you deRrov 'fb s0
rights, or that they defrov ronrs
This doctrine is not an harmless abfpr5'
ity, it is mott dangerous herefy. lie
doctrine which cannot Be praa;f.5
without producing not difcord onlv. bnt
bloodfhed. L you pats the bill ppon
your table the Judges have 4 confirm
tional right to declare It void H..
they will have courage to exercifs
that right and if fir, | am called rnon
to take my fide, ftanding acquitted II
my confidence and before myGod, ofaII
motives but the fupport Of the conf.
tuition OF my country, ihall not trem.
bic at the consequences.
The contribution may have IFS enc
mics, but ] know it has alto its friends
| beg gentlemen TO paufe before thew.
take this rafh fep. There are ma
ny, very many who believe if YOU.
ltrike this blow, you inhia a mortal
wound on the contribution. There are
many now willing TO fpill their blood
70 defend that contribution. Are gen.
+lemen dilpofed to rifk the confeoTen-
ceS /? Sir, | mean no threats. | have no
expectation of appalling the tout hearts
of my adverlaries but if gentlemen
are regardless of themfelves, let them
confider their wives and their children
their neighbours, and their friends
Will they riik civil diGention vail
they hazard the welfare, will thew
jeopardize the peace Of the country, tol
fave paltry fun of money, lefs than
thirty thouland dollars.
Mr.. Chairman, | am confident thar
the friends Of this meafure are not ap- /
priied Of the nature Of its operation, nor
ienGble ofthe mifchievous consequences
which are likely to attend it. Sir, the
morals Of your people, the peace Of the
country, the liability the government,
reit upon the maintenance of the indie
PendeHce of the Judiciary. Its not Of
half tee Importance in England, thai
the judges fhouId be independent ofthe
crown, as it is with Us, that they fhouId
be independent Of the Legislature. An
| aiked, would you render the Judges
hyperion to the Legislature ? | anGwer
no, but coordinate. Would you ren.
der them independent ofthe legiGaturel
| anlwer yes, independent of everypo#-
er on earth, while they behave them
felves well. The ehential interefS, the /
permanent welfare of locietyrequire this
independence. Not, Sir, on account |
of the Judge: that is fmall conhdera-
ton, but on account of thofe between
whom he is TO decide. You calculate
on the weaknefeS Of human nature, and
you G1fer the judge to be dependent
on no one left he fhould be partial to
thofe on whom he depends. Jultce
does not exit where partially prevails.
A dependent Judge cannot be impartial.
independence is therefore eaential TO
the purity Of your judicial tribunals
Let ii be remembered, that no power
is 70 fenfbly felt by lociety, as that OF
the judiciary. The life and property
Of every man, is liable to be in the hands
of the Judges. Isit not our great inter-
eft, to place our judges upon iuch hlGn |
ground, that no fear can intimidate, no
hope can feduce them ? The preienI
mearure humbles them in the duit,
proltrates them at the feet OF tacFlon'
it renders them the tools Of every. do-
minant party. 1t is this effect wnicp
Ideprecate, il is this conlequence Wnlcn
deeply deplore.-What does realon'
what does argument avail, whsn parry
fpirit prefides? Subject your bench =
the influence of this fpirit, and lulli''
bids final adieu to your tribunals