Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-08-25

.,,endence has been most complete, there
have the people enjoyed in the greatest de.
gree, the blessings Of freedom. IN Eng
land. since the Judges were raised above
the nhuencesof the crown, the streams OF
justice have flowed pure and uninterrupted.
In no other part of Europe have the lie,
llbes.y and property Of the subject, been so
well secured. Compare the present With
. the former situation Of England; compare
il with that OF all the other nations Of the
old ,world, and the Importance Of a pure.
administration justice wall Be too niani-
fest TO be disputed.
The experience OF ether countries has
not been more expressive on this subject
thar our own. We have enjoyed the bless.
ings which spring from wise, interrupted
and inderenlent courts. We begin to ap-
prehend that these blessings have become
precarious. Many Of us begin TO fear that
: our own history Will SOON teach us what the
history Of England has already taught as,
tina, corrupted and dependent Judiciary
is the most dreadful engine which pcrse-
eating faction can weld.
II
r.our government TO authorize these torebod-
ings? nothing to excite ALARM IN the friends
l-of the constitution? We have setn enough,
more than enough to excite alarm, more
than enough TO awaken suspicion. We
have seen an opcn and too successful ali at
tempt to render the judicial department OF
our govenrgnent dependent on the Will and
caprice. of the Legislature. We have thus
seen one Of tie fairesl features of our con-
ssi.ation blackened and defaced, feature
which spread beauty & animation through
out the whole.
Some Of US may have thought, that nea-
sure was the offspring Of political revenge;
that the.blow was aimed, rot arthe constr
tutionsitself, but at the men whom{ederal
wisdom had elevated to the bench. Iet
US not deceive ourselves. The -rnotivesaof
hatred and revenge might have influenced
the minor spirit of th- ia ton; but those
who sit in high places. and who diEecithe
operations oil the party, had deePer and
more extended views. They had selected
the Judicial dePa ,ment Of the government,
as the first victim of their long and invete-
rate enm;ty to the ,consti;u ion. They
Judged rightly that when this main,plllar
was removed the whole fabric must soon
Fill. They dreaded the controul which the
Judges had right TO exercise over the acts
of.he Leg stature. This controuI they fore
saw, IN ght one day arrest their progress,
and protect the constitution against the
most des perate attack. To remove this
obstacle to their favorite plan. they seized
the first moment of che exulia.ion and Fri.
umph Of their party The friends OF the
constitution defended it with visour,
which was deserving of better success
We admired and applauded their efforts,
bat we had to lament that thsy could not
avert or arrest the blow.
I have not misrepresentsd this transac-
ton. The recollection eft Is still fresh in
your minds That recollection will bear
witness that the facts have stated as srue;
and the understanding, even OF a child,
will declare that the inference is just--that
the independence Of our judges has been
destroyed, and that they have become the ]
mere creatures oflegislative power.
Belt SO: excIam the enemies OF the con-
stitution. Shall Judge be independent
ofshe Legislature; the representatives of
the people? Ia the legislature are center
ed adj the dignity and sovereignty of pow
En-. Here all their majesty and,omnpo-
tence reside, Tbs was the the = sweet
morsel which made the poison palataDle.
Fhe pride and passions Of thePeople were
awakened, to.exc5ude HIS exercise Of their
cooler reason. We.say thai a Judge ought
to be independent Of shelegislature; inde-
pendentsof every zpowsr, bat the constitg-
ton. Here only are We 20 look :foy the