The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-24

'ul oy JucRe Sndie ana ms Council; II no iIdge
is to he fuhjeH to trial but for thote cafes on.
ly which fall within ibei- definition of the con-
| ftitutionai pirate of :. high crimes and mi!de-
meanors, how many vices and how many defects
will fill be fuffered to fourth on the bench,
| for the want of IN adequate corrective.
The doctrine of this American Jeffres is,
that no civil officer is fubjed to an impeach-
ment except only for " treafon, brber., cor
| ruption or other high crime or ,nifdemeanor
conGfting in fomc -att done or omitted, in viola
ton of fome Iazu forhdding or commanding it
on eonoiaion of svbieb aSf, they mutt be remov-
ed from Office; and may after conviction, be
i1diffe9 ard punil5ed therefor, according TO law
and that hence it clearly refults, that no civil
officer of the United States, can he imbeacbeG
except for /omse offence for Svbieb he mar BE ig-
die7ed at la7O; and that no evidenee can br re-
| eeis,ed on an impeachment. except f,rb as, on an
indictment at Lasv, for tie Jane offence, evOuld
| be 0dniIrbe,"
| Does it not clearly follow from this principle,
that no Judge can become the fuheGt of an i'm
| peac hment, howfoever noxious his opinions, or
howfoever waverng, impetuous and ariftocra-
tic his department as judge,,o ridiculous and
contemplate as a man, if he keeps only on the
| fafe fide of the law? Thofe immoralities in
private life, for which no legal puniihment has
been or can he provided; iuch prirciples in
politics and law, would give fatal bias to
all his deciGons and defcryedIy bring down up
| on him the deteRafion of his country, might
| continue To llouriI!, ON the bench. to mock the
ienfe of man, and to defy the trial by impeach.
| ment.
| Shall An impoftor be fuffered to preide on the
bench of luitice? Shall he, who was elected in
TO this high and important Office becaufe he
was !uppo!cd 70 poiiyfs every great and dignih-
ed ient'ment, he till permitted to wear the "a.
| cred ermIne of juIticc after he has thrown OF
| the. cloke of vrtur'
4 Shall A man be fiffcred TO trsmple on the free
inititutions of this country, Whole whole mind
ia im5ued with The fpirit of monarchy, and
who delights to turn all his deciions into that
couric, TO raite up an arRocratic party ia his
country, or to icreen acknowledged traitors from
the puniaiment due to their crimes? With
Judge Chafc, fuch man might however plead
the s.Ercra Of opiHiDa
Shall we calmly fee onr lives and liberty be-
come the mere fport of dofage
Shall Judge retain his Office for years in de-
fance of the will of the people after having
brought jufice itfrf into contempt aud thown
himfeIf to he in no one reipe6t qualified for the
bench which he dngraces, except that he has
not incurred The penalties Of any Law nor fub-
jetted himirlf to the rik of an indictment?
Yet in mott of thief and thoufand other ca
fes, there is redr.fs to be found either in the
doctrines of Judge Chafe, or in the iflue of any
trial by impeachment.
IF judge is to be made thus absolutely in
dependent, it can only arfr from one of two
cauies either that his functions are not 70 i'm
borfanf and liable to abu!e as to need the con-
tinual checks which thrown upon other Of
fcers, that thefc functions are of 70 delicate
and peculiar nature require to be leis li5-
jettrd 10 the iDterpoiion OF the popular voice.
Were thefe considerations even perfectly true,
they would not etahlifh this argument i'm the
| hnle txte nrhia IeS fur II
merely follow, that 30 judge fhould be made as
reipoTioe as other officers, but forely not that
: he thould be absolutely independent or not more
i dependent than he is at Prrent.- But thefe con-
alterations are far from being true, in the ex-
tent TO which they have been fonetitnss carri-
cd
Let us touch thefe two hypothefes.
!. IL is known how mucb more v,tuous the
Engiiih beach has become ny being place q above
the power of the erorvn I; & it is contendsd that
the bench in this country ought ut leaf be
made as independent of the feelings of the peo-
pie.
| 1t is faid, that the decions of bench ought
; to be firm and fixed that a Judge ought TO be
independent Of the fluctuations of popular fen
timent and that he never can attain this Grn
ne!s Of deciGon, to long be is liable % be d.
verted from his courie by the halr-fufpended
terrors Of diimilal. There are mott egreg-
: Gus errors in this argument.
If the judge be of firm and independent
foul, fuch menaces cannot controul his decl.ions.
1t he be of a (iavih and timid fpirit, it
more ftropgly demonstrates the neceGify of this
refpenibty. He that would be fave in one
lituation, would but play the tyrant in another.
He that is only to be confined within the patti
Of duty by the interpolation of the people, on
ly exhibits the necrflity of having fuch check
, placed upon his alterations.
And why thote extravaganza terrors about the
interpofition of the public frnlimeut Are We
10 be eteruay pellered with that mofridicuous
/ and dangerous cant that the people are paf-
donate and unenlis htened that they are incom-
Y Petent to their own government and that maj
. tiers mutt be fet over them aud that barriers are
to be rallied Wp to protect thofe matters from the
vengeance of the people ? Will an Independent
people ever be difpoied to hunt down an lndp-
pendent aud conicentious Judge IF their paf-
lions fhould fomeimes mfead them, tic and
reflection will corrctt their INTAKES. No Judge
can ever fail victim to public prejudice, until
: it has ALTO contaminated the majority of both
: Houfes of Congrefs If the people have their
preiudices and paliions, 70 alfo have the judges.
The only true queGon is, Rail the pallions aud
Iprcjudices OF the beuCh be permitted TO reign
without coniroul or hIll they DC fubistted /,
more than they now are, to the public iudg-
ment which is generally enlightened, but fome-
times liable to perverlions from the errors of
Feeling.
| Thr exnerience of Fncf1nd Gives diren =. \