The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-16

] potS-i nope thal VIC Silali Keep a vlriiant
yeover our Constitution that we sh.sli APP
ply the proper remedies TO It's defects when
we find 1t detective, and strengthen the
barriers which il opposes topower and am
b'ton, when We see them growing weak /
| nope that we shall improve our Constitution
as the human mind and the science of 90
vernment progresses that we shall adapt it
| TO the VARYING state of our county, and stamp
upon it indelibly the will of the people
Alter these general remarks which shall
Deg the committee to keep in mind when
they decide on the important subjects now
before them---I shall proceed to discuss the
| frst resolution, and point out the necessity of
adopting the proposed amendments to the
Constitution of the United States, as it re-
lates to our Federal Judiciary. In the very
threshold OF this enquiry, difficulty presents
Itself to our minds. 1t is the difficulty of
properly arranging and organizing the ju-
dietary branches of all governments: no mat
ter what may be the form of the government
I-whetherit be monarchy an oliearchv
or representative republic like ours :, this
difficulty presents itself to the mind. 1t a.
rises from the necessity of keeping all the
departments OF government, Legislative, ex-
ecutive and judicial separate and distinct
as tar as 1t is practicable. All union of all
these powers IN one man or in one body of
men, is complete despotism 1t arises al
so from the necessity of making Judges duly
independent of the temporary fluctuations Of
popular sentiment, and at the same time suf
flciently responsible to the Judgment of the
people. In England Ga country which MANY
OF us are fond of going to for examples of III
dicial purity and judicial independence it
Is all important that judge should be indie
pendent Of eUerv branch of the government.
in England, there is monarch, possessed of
cXorbitant and uncontrolled powers having
IN immense revenue at his command and dis
posai, which he can use for purposes OF bride
ry and corruption his power of appointment
too once is almost unhmited he is consecra,
ted by the maXimSthat g The King can do no
wrong" lfthis powerful officer was suffer
ed to interfere with the proceedings ofcourts.
or with the opinions Of judges, there could be
nothing like justice in that country A Judge
in England then shonld not fear the fTowns
OF the King, nor should he promise himself
any compensation OF reward from gaining
ms favor 1t is also necessary, Sir, that
Judges III that country Should be independent
or Farhament; and why does this necessity
exist! Because that body is so constituted rs
torender any responsibility of Judges to them
dangerous and destructive One branch of
that body is composed of men who are called
the political pillars of society. The honse
OF Lords IS composed OF men on whom the
mere accldentot birth has bestowed heredita-
ry honour, Office and power and whose con-
trout over the judiciary would be scarcely,
less pernicious than that of the King. Who
are the members OF the houseEof commons ?
| III there Is any thing like representation in
England, the house of commons are rcore-
sentatives. But when it is remembered that
the little rotten boroughS of Sarum and Col
ton send, each, two representatives to Parl;a
ment, when neither of them have houses or
inhabitants, and that the large, opulent and
lpopulouS cities of London and Westminter
seha only icdr each The absurdity be-
comes palpable of supposipg that there is anv
thing like representation in that country =.
Both houses OF Parliament compose a kind
OF independent body corporate; who have in
lterests and feelings of their own. Parliament
then should have nothing to do with JUDGES
because it is their province to enact laws
and not to administer them, and because
they are separate distinct branch of the
government, Ill great measure ir7eShonst-
Ole 10 any fozve7' on earth.
Let us now enquire, Mr. Chairman. how
tar Judges in the United States, can consis-
tently, with the genius and spirit of our 90
vernment be made independent-let us see
II 1T is not an arduous task in the u. States
10 give to our Judges a sanitary and h,,acsi-
ca6te independence and enquire whether or
not this can be done without SACRIFICING the
principles OF our government-We have
mere, sir, President, not it is true, invested
with legal powers, elected for limited peri
DDS, having salary fixed and ascertained NV
law having comparatively speaking but a
small portion of patronage and from the
snort term OF his service, not feeling a dis
POSITION even if he had the ho7ver of intro
tducing corruption into his country. Yet If
is essential that United States judges should
DC independent OF the executive department
A federal judge should be removed beyond
executive controul. He should be qualified
to decide impartially between the President
OF the United States and the humblest indi-
vidual IN our country How far, now, sir. is
1t, that Judges should be independent Of con-
lgress-perhaps 1t can be satisfactorily estab-
lished, that judges of the United STATE
ought to be tree from the control of Congress-
as a tcSlsfatlUe 6ody, but subjected to them
as the fmmediate representatives of the neo-
pie. l suppose there is not one member of
this committee, however Jealous friend he
may be tothe indefinite independence of iud-
gcs, VINO VIII not say that our most essential
rights, will be sacrificed by rendering anv Of
the oihcers OF any of the departments Of orr
government perfectly understandable to the
Ipeople-nonc will contend for doctrine 90
perfectly at war with the spirit of all our in
| situations. 1t then, it will be Conceded that
judges, like Legislators and executive maeis-
trateS, are to answer for their conduct To
those Tor whose benefit they have been raised
20 honor and to Office The question which