The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-12

Let then the fire ofthe moment pass ava,
and its influence upon the mind Let gen,
tlcmen remember that the constitution ha!
been placed under their guardianship, tina,
it is not SO affected by the ephemeral agita-
tons of the day; but that it is intended fol
the welfare of millions vet unborn. Striking
its deep foundations in the unalterabe
rights OF man, if its principles which he fond
ly believed were durable were cherish
ed with affection, if precipitatc and won
ton innovations were vigiiantly guarded a.
sainst, it might constitute one exception to
the pcrishable nature of all subunary things
and by triumphing over the injuries of time,
might run parallel with the line of postcrity.
After como desultory observations. Mr..
Barbour withdrew His motion, when the
House resolved itself into a committee of the
whole; Mr.. Johnston II. the Chair.
7. Mr. Robertson (of -Anieia) addressed the
Chair:
Mr. CHAIRMAN,
7' ] rise fer the purpose of offering an "a
nhendment to the resolution on the table -
uHttcra government, resting on, and support
ed by the affections OF the people under a
government, chosen and adopted b. the OIL
urtary will OF the people, under govern
meat acknowledging no Sovereignty but the
peoD'e, and undcr Il government where pub
lie virtue alone Slio:,lG re- omm mend individuals
to ru'iic fiycr; ] car see no earthly reason
why the Judges shoul! rot be responsible to
the people or TO their INN cdi,ite rrpresenta-
tigcs.
! therefore move that the words e two
thirds" bc str:c':~u ct q the FIRST rcsarticIi
ma the words & = nnajoIity" Inverted in lieu
hereof
MIR. S',YrH (cf Wytfc)
NJ. Cbrr1nn5'--! c-Hsidc~ it f-rda-
r,,o, FL .--1. = Q.
that magistrates are i.ablic scTl ats, and ac
cauntahie u the Eatieu.
II this % true, that form of government
is faulty, where this responsibility is merely
nominal, not c:lcctial; and where The ma
gistrates are really independent Of tlie natl
onal will.
M objection to the constitution as 1t now
stands, and as IL has been construed BY die
Judges, is that the Judges of the supreme te-
de'n court held tor life, power to di; ext
and cOHt!oai the congress, the president asd
executive departm' ms, The interior federal
courts, the state ccTI:.., and stn.c ipgisa-
lures; and for erronco IS g, ;in;ons. or want &C
capacity, or II they should he suspected of
the most traitcrors dcaigne, thay cannot be
removed even by the unanimous voice of the
nation.
therefore contend, that TIC judges aretoo
independent; they arc not public servants !;
they are tic masters OF the government, and
the nation.
The power Of impeachment is incficctual
Judges cannot he punished for their decisi-
ohs, unless they have proceeded from cor
rlPton, Partially, or oppression. And al
though it may sound we'll 10 say, the Judges
ocght to be independent :" yet we NUT con
fine ii to all Independence Of individuals, OF
OF factions. No man entrusted with power
b,r flAo (,
nation The Judges hn,d !, delegated pcr-
-er; and oUght 10 be accountable tor tho e;t-
crcise Of it, with fde'ity and abiiity.
Gould we b. certain that cvevy Judge APP
pointed BY 2 President would Be a6ic, Just,
and patriotic, their i-tivTcndence would be
desirable. But the same regulation which
renders independent the able and upright pa
triot, viii protect the ;.rtEu, enemy Of the
republican institutions os the county, tho
simple dotaTd, or the m -isc. T hus it was
argued III Pic&sriug's case, THAI he was 4
madman; and bciHC a nI9drlan, could not
be convicted Ct a mi7demcaror and there.
fore could net BE removed from lie Office of
"a Judge. IF We canno, s.tiyr the ulv rood
to be independent, without differing the bad
o. suspected 10 be iudepcudent also, let lici-
tIcr be independent OF the nation.
The claim tf power that has Seen set no
b. the Judges of the supreme fedora. court,
renders i necessary that the na.ian should
have over them a controlling p1wcr, that
might be promptly exercised. ThGy are in
effect the sovereiCns OF ti1r United States.
Their decisions are authority IN every court.
/ They approve the. acts.oE Congress, OF annIi
item. They approve the ORDERS ii the Pre-
si1cnt, or annul them. The have estaij-
Usher a prccc lent by which it mas become
niece ssary for military men, Il they would a.
void ruin, 70 carry tbcir orders before tLcv
/ execute them, tot the federal JUDGES, and CD
tain their appreciation. Thus s,bordination
Is DESTROYED; and Obedience, the vital ilr:n-
cipc Of an armed force, is rendered crini-
nal
/ Tt is remarkable what strides towards at-
solute power ths judiciary haye,aade since
the adoption Of the federal constitution. 7 ne
/ doctrine, that sets up the judiciary as para
mount to the otner departments Of govern.
ment is new. it is founded g. certain mum
bers Of publication entitled "Thc Federal
ist'' written BY Mr. Hamilton, whose attach
ment, to dcspotic power is we'll known. The
power Of govornmentis properly divided in
to two branches, the Legislature and the eZ
ecutive. The judiciary is sh Inferior branci
OF the executive power. That this is tn.
case in Europe, is acknowledged ~ Mr
Tucker in his edition Of Backstonc's Com
mentaries. in England the judges are re
| garded as advisers Of the King. a law il
passed by the parliament, the judges adVisc
that an individual shall be punisbcd for
| breach oft; the Kings other officers execute