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

Aui s'ttttti TIC Wofui cHpcf1eiicc tlnt has
infested tae co,iti-lsy: l have ufteIrhenrd she
good fortune of THAI man declared who pro-
fitted by the experience ofof6ers, but wretch
ed must be his condition who cannot profit
by his own. Have we forgotten The persccu-
itions, the unconstitutional steps that have been
taken in this country. WHY did Judge Chase
4 wander from the path of his duty. Why was
Calender prosecuted BY him? Because con-
Sress was at his back-5ecausc theu had
passed a Scdition law, and because he looked
forward tor a promotion worthy of his SER
wees. Shall we then in making constitutions
al provisions rely implicitly on the hwrity OF
Congress-throw away the dcar-bought ex-
periencc of years. and yield to SO monstrous
a position as the incorruptibility and unva-
rying patriotism of Senate and House of
| Representatives! Remember that to congress
we were well nigh indebted for the annihi-
lation OF the most sacred principles of our
constitution. Remember the dangers that
are past, and let them serve as warning
| tor the future-remember that we were near
| having the letters fixed on our hands, thro'
the instrumentality of congress of those
times; and that another administration had
| succeeded with the same principles, Virginia
at this moment might not have possessed an
| independent existence. i cannot forget these
things; and am sorry to find they are wear
| ing out of the recollection of others-Nor
| can at this time and with these reflections.
be disposed to place such unbounded conf
dencc IN congress as seems to be reposed in
them by others
Ii congress be not then worthy of a conf
dcncc which knows N bounds, if il is liable
to party passions and party animosities, if it
may pursue system destructive of the IL
oertles OF the people, and subyersve of the
principles of the constitution How impor-
lGJ fn ~, e
winch may be interposed as a barrier be-
tween the government and the Citizen, as the
impenetrable shield which may protect the
meaneSt individual from the hand of opprcs-
sion. Let me ask gentlemen once more to
! LOOK back on the times that are gone AT the
| moment when representative responsibility
was no more, when congress had Frustrated
the constitution, invaded the rights of the
people, and betrayed that confidence too much
reposed IN their honor, patriotism, and re-
| sPonslollltv, had a magnanimous Judge e.
qually Indifferent to the smiles, as to the
fro"ns OF corrupt administration, orna-
mented the bench, had such an one presided
on the trial OF that wretChed man Calender
would he have hesitatcd to obstruct the ex-
ecutlon OF a law which was unconstitutional
! and oppressive ; would he have withheld
from the jury their unquestioned right of de-
cldlng on the guilt or innocence of the pri-
soner! And can you expect such frmness in
a Judge who holds his office at the will of con-
gress- that congress who will ever be dispos-
ed to wreak their vengeance on the individ-
ual' who shall venture to pronounce uncon-
stitutlonal laws, prompted by their aTnbiti-
on! Would you not rather expect such fee
bic and dependent being to bend to their wish,
to crush beneath their power : and in the
preservation of personal interest to forget
the commands or duty, and the sentiments of
true patriotism! Would you not see him with
every commotlon OF the political atmosphere
trembling like the aspen leaf, whilst his O.
pinions would be variable as the colours Of
the Camelion?
The necessity for judicial independence,
MI. Chairman, the favourite maxim among
our best statesmen and patriots, may be ex-
emphhed by variety of considerations and
recurrence to principles of acknowledged
correctness. There is none more generally
admitted than that which affirms the neces-
slty OF a separation of the powers of govern
ment, and the danger of their union in the
same hands. Does not our state bill of
! rights, ian instrument universally respected
however abused may be our old despsed
constitution) declare that the legislative and
executive ought to be separate and distinct
from the Judiciary and that neither of those
three branches OF government should exer-
else the powers properly belonging to ano-
Their! And what would be the real separa-
ton OF powers if judges are rendered utter
| ly dependent on the legisIaturee Would it
not be separation in name alone? Can gen
tlemen believe that Judges will oppose
themselves to the power which may destroy
them without trial, without conviction.
without assigning reason for their removal
A tear has been expressed that under the
present system, they will undertake to de-
clare laws to be unconstitutional These are
not my fears. My apprehensions are, that
when this new doctrine shall find its way a
mongst us, they will not dare to side with
the people and the constitution, against the
Legislative will and in defiance of legislative
vengeance. anticipate tame, servile sub
mission to every usurpaton, from men who,
dependent on their salaries for support
thrown out of every other occupation ex-
cept the country's service, must look to their
removal from Office, as the inevitable ruin
OF themselves and families; and to those
who know and properly estimate the FEELINGS
| or the human heart and the nature Of the
! human character, this cannot appear a vain
and idle apprehension.
Similar causes, Mr.. Chairman. will pre
vent your bench from being filled with men
OF the best talents and most matured abilities
What are the men who should preside in
your tribunals of justice4 Men of deep re-
search, of high honor, and incorruptible in
tegrity as it is among the most important
oihces OF government, they must be your