The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-12-12
A SKETCH.


On Thursday, Mr.. GAo;s,on introduced the
following Resolutions into the House o. DC ;ates,
wttii several very appropriate obserVa ions
HeSoi9ed, That tie senators IN Congress from
. tiis state DC instructed, and the Representatives.
therctrom requested TO usc. Their best endeavours
in procuring the following amendments to TIC con-
stitution OF the United States 10 wit
lSt That the Judges OF the Supreme, Dis
trict, ard Inferior courts OF the u. States
and their territories, NAV be removed from
oTice by the vote ofthe House of Rcprcsen-
tttiVcs sald the SenatcSf the United States in
Congress assembled ;fwo-t thirds of the mem
beis present OF each house concurriis,g there
IN. :
%. That the Senator's in the CONGRESS of the
U. States may he removed from Office bv the
=. vote OF two-thifds Of III the members present
'o' tbe respective state legislatures, by which
TIE said Senators have been OF NAV b. a;;-
puatsd
Mr.. NUaawgh moved the postponemcnt Of
these resolutions to the 31St of March.-He said
that t'le Judges ought to be independent, as they
now are, OF Executive patronage o. the influence
OF Congress, and what is particularly fatal TO re-
pl5iics, OF party spirit and fiction. As the con
sttution now stands, they were above the fiowns
OF any body, they pursued the important Office o;
Interpreting the laws OF their country by their
owa unbiased judgment and according so 1hc re-
al spn1t OF the laws. And what was The object OF
t"is motion This resolution requires the same
hdhnei 10 remove = Judge Us the Constitution de-
naHds M case on impeachment. The OHiv dif-
terence iii the two cases is, that a Judge would
IsnceipTth be removed by mere wiiiin or party re-
sentiment. for those very acts which did not anount
TO a s'iihcIert cause OF nncachment OF course
he would be removed without n triai What
would be the consequence Of this system Shall
bic benVh be reduced an absolute sta,c of de-
pendence When, SD NJ. n. an executive OF
TINS country procures so completely the confidence
o. the people IS TO carry all its measures, .s he
"A r,-.tt t.I..
truth Itself can protect Congress- from its Tin
bouided influence what rcsJliYce then has an
American citizen but IN the hrmnc5s ot the iu-
dietary - Cd resolution was stu more extra
ordinary he vas dsGo,cd 20 ,n.nk, thai the Pc
nod OF Il senator's a3ponlmeht was too long
but shall we tncrefDre yoi5te every pr,rcipic of
common sense Shall a man VINO S pat into Of
he, be liable to ex uisicn at the wi;m and ca
Price OF every moment If the period OF their
Once IS too long iet be reduced to shorter and
STATED periods. Bat let mm nOt be ctcrn4ly de-
pendent upon The fuctuatinc wave Of party spirit
|F,t4t wouid &c the consequence sc tits ;in6yati
on NJ senator would ever feel any degree of
dignity IN his sut,On lie would be unable to
mature any OF his plans with regularity or firm
ness He occupies his post but for a moment
he next may behold him the victim Of wIin. and
caprice.
mr. Foaqhce conceived that the abuse OF pow
or was ono OF the greatest evils that threatened
free governments. If Judges were 30 b. invest
ed w.th absolute Independence, we should have
angels and not men TO preside on the bench At
present, the judges were superior to every thing
lie had been taught that it was one of the sound
est maxims Of rcpulhcansm tbat the greater the
trust, the greater should &c the responsibility
The doctrine OF judicial independence had been
copied from the british constitution, but even I'M
Ger t!at government, judge may be removed by
bare majority O! bntn houses Of Parliament is
the scowi of an executive SO peculiarly DANCE
rous, as when thc executive power is in The hands
OF monarch and yet undcr ,hc monarchy of
England, a ia. sc may bc rcmy,ld by Il bare ma
Jorty Is the P,inc pie OF tic right OF amend
Hie"t To be mere nngatory provision OF the con-
st.tnron Whom tic doc rinc of impeachment
prove so unavailiug when With all the subticties
and sCsduUcs of Ia" an s5t.ul JUDI &c si.B be a.
Die u shelter himself behind the principle tifAt he
has beeh g'riy OF 10 high crimes anf nj sdci
7neanOis = shall ether mode OF responsibility
u .ooptcd Is ticre no other disuud .hcatics but
T. gh crimes and lllsdciDcanofs is it 10 object.
q. 70 jrdkc, tE3thc is supcronnuat.d lis to
IL obJect.on urged BY IN. gentleman last up,
- % ctn5 tgro-fiifGS OF both houses, let this re-
, Iton Le a,tei,d. Let a bare uaj0rity BE-
II Pctcut TO d rGmuvai. IL tlat ..g.rJ1Y 80 de-
-, hos, can it &c said, thst ti,is Dec sion IVES
- itsu, % caprlce lie mad iin.s clc rgo.l ste Z
Z, sseA IS.V-,t.V.I ..~,S.e ~ ..G.-.