The recorder, or, Lady's and gentleman's miscellany. [volume] (Richmond, Va.) 1801-1802, 1802-03-06

the feelings Of the people. Whether the Ge-
atuoh ACT was conititational or otherwifs, has
been ddputcd; but nobody can ,ilput. thar r.
was YeryunPopular; and that,in aEling upon IL
the Judges contributed the ientjlncn,s Of an
ininetlie majority of the people. Thief.
nagiitrates, however, fllewcd ,i1at they dire
garded the pubic opinion. L. ,hey had held
their Offices ar the diiSretion OF congrafS ~
had they been iuhiett to an annual election
they would have held ITO fIch ,rials: and tbuS
much of the noie and ,dihatisfaction Of tb~
people would have been prevented. Notb;no
Can be a more ab!oiute reverf:i OF conn,o0
ienie than to fancy that public officer viii
do bis duty the better bccaute be eaanat BE- Md.
accountable far his 90 dur. This maxim, is
held with refpe6t to no other clais of pubic.
iervants, beifdcs the Judges; and even w;th
regard to them, the confitution ATTEMPTS TO
place a check upon their, although it has
proved ufelefs. The hacknied phrafe about
the independence of judges has = veryeuefion-
able meaning. 1t has never been alledqed
that the judges OF New England are lefs able
or more corrupted than their neighbours
The annual election of them 7efolves, for the
mott part, in mere piece Of forms but Till it
is extremely proper TO keep the rod above
their heads.
Theie remarks do not arite from want Of
refpeef for the c!fcial htuation of Judges.
and far iets are they pointed at an individual.
We are qu;,e feniible chat, with gentlemen Of
the law, iuch obiervations muf be .ioraewhat
unpopular. For this we are forry; but we
mutt beg leave to be INDUCED in rhe publica-
ton Of oar tcutiments. What IS here faid
concerning the independence of Judges has
been the fefllt of long and ierious n,editation
upon the flbjetf. All the republican party
are OF opinion thar, in the affair Of the ieditioa
act, rhe tuprene and diifria federal Judges
conducted themfelyes with grof5 Illegally.
hey are ifewife of opinion that thee gen.
rieinen d>d 10 with view TO Court the favour
of the preildeut; and that they would not, and
durit not have done 10, uhlcfs they had con-
iideredrheniclyes asindepsH,tsnf Of the peebie.
We are not here saying thar theie Judges ac
ted wrong, or that tIey lquinteG at pruiiien-
tial patronage. S' The Recorder" is barely
Hating that this was the PFofefled opinion of
the republican party, as cxPreiled IN as many
newspapers as would ill Dutchran' barn.
30 ltanding the cafe, lis evident rnat there IS
tomething radically wrong in the preCcnt fyf-
tenl,oF Judiciary independence. TIE repub-
Leans u,uh either grant this, Or th4y rlu{t
grant shes A1.. Chats, and s4o othcr.; .es,ele-
aiCa, ~. s,e 40 800 oFeHy nSy mutt
~, g 20 eiIs ~ 'gf1f Ly/If"s, is
"A n,;.L of,;5, ia lIie'e g<'','ehen
~ f. ~. " Pc - ~ t.'e .1e:l''s 81 she PEG,
th~u .b,EJ !. ,."e'e Judges neaaved
~ ~ ~ aUlfa .l,I,, ipeast.aellec; and
90 - DS i.F'Pe CT t' IT
VIZ nv 80 e:'l' 'a' p; we with
~ ee'.s' o. "a tli6 Glamour tilat
w. "S 81 'i..s inc tsiS's i9f edition II
;lI a. @.e ~ g'Ee up 'niS foih5 they
s.e I'..s l.iI n{l'g IN the'r hddie'
49, = - 60 :,.S'e VI VIE Pailg W',h winch even
-, 80 @Iu t'','oUi ,'e@fS me retaliation
', -: iI,dlf again ex~