The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-28

No"S'ttnfto'i, reShecfinS the Judiciary.
!'h Dade in Continuation
ONE 1t seems thatthe judiciary is alrea-
ay subjected to sufficient re2ronsbilitv
The abuse of their trust is already a,nnl,,
guarded by tho power OF Impeachment
nut l would place this pow err on much
proaaer OASIS chan has been attributed 10 il:
oy gentlemen who have preceded me. If.
aCeoraiiis TO the idea OF the gent, eman from
WIthe, the Judges have aSnjIrd the power.
OF deciding on the constitutionelity' of an acr
OF eongress-he has painted the usurho;io1
IN sucr glowing colours and depicted the
,r.scqichccsas traught with SO mach mis-
ehlvl' that II seems To nse, the deed would
WI merit lmreachmcnt' l should reali,-
think hat a sufficef Violation OF the ten,,y.
OF their ctfces to subject them to- removal
upon impeachment, evea as it is ad.aitted Il,
eNist at tals time. But If it is necessary TO
euiD the present elevated independence of
the Judiciary, yet, I fear to trust the Do,v-
or OF centroul with the egislature.-I bavs.
ocen long IN the habit of thinking that the.
legislative bo@J, already possesses, in TOO
e>at degree, the means of extending and
"oasihg their powers. Let it be remember.
Gu, mat thevhoid the purse and the swo.
OF the nation. Could they WELD two more.
formidable weapons History holds ont An
instructive lessen to us, on this subject
LOOK TO the Athenian Archons-the English
rariiaments-the National Assemblies of
france, for solution cf the problem. wbe-
liner danger is cverto be apprehended frcr,
!he representatives ofthe people Wbv has
II oeen deemed necessary to restrain them
by the constitution, if they are this harmless
and Immaculate body. Why not leave
mem omnipotent as in England is this then
ND. o'anCho OF our government on whom we,
woiid throw the weight and influence of the
Judiciary The boosted principle of cbecks
ana balances is no more There are tber
put 100 powers ir the government, the lepie-
latiVe and executive.
1.-the proposed amendment he ,donted
we may anticipate time, n state of thinps
When the independent aud honest sentence ~
theJudge, would he the warrant of his ow,,
removal from office. Why are gentlemen
soiorgeuuit Ican remember when Congress
enacted two laws, against which the VOICE
Oh the people was raised They were de-
honnced as an invasion Of state rights. and :,
Violation OF personal liberty, as ovcrstepniny.
the constitutional limits of Congress II
we mad then had on the bench such Judges
a, as would now be approved, we should prol,a
oy nave heard these laws denounced from,
the seat ofjustice. What would hav, bee,,
the confequence? The legislature who pas
seu the acts would not have seen them null.
hsu' WIN one sweep they would have re-
moved every Judge who should have dared Ia
leSis' tneir wlll The case just cited has
Teen auouced as an evidence that even un-
oer tne present tenure IF their Offices. rho
Judiciary is too apt to shape course nara
lei TO that of the Legislature How much
NOR isthis acquescence to be feared wien
EohSteSS shall hold power over the ofFici
a' existence of that body One gentleman
aaS SAID that for entertaining certain opin-
lo''s Oh questions OF great national concern.
a Judge should be removed from ofTicc -,
nat Judge who should decide in favor of
inc fazoo speculation, the Grenville claim
ants or OF Aaron Burr, ought not to be re-
"a sa,hed IN once. This is monstrous doctrine.
i ne gentlemen have promised tina it was
delicate posison. 1t was more. wosa
most dangerous position Ihave always he
heVed that the judgment of the bench
snouid be ever uninfuenced by any other con-
Sideration, than the merits of the case bro't
oeiore 1t. Ihave always believed that If the
law wasi f.vor of the Yazoo and Grenvil.
claims, or of n. Burr, it was the dutv of the
Judge to pronounce that law, whatever the
consequences, If weighty evils flow from
me decision, let another power avert then
,,uily not the purity OF justice. To preserve
nc sanchty OF your laws, you must have firm
udges and uniform judgments. If those doc
rlncs are to prevail the much desired Ger.
amt OF law is gone forever.
Again it is said that suspicion Is sue-
lent cause of removal from the bsncb
Il never before knew so much weight az
rlOuted TO Suspicion. When il has bern
ound so frequently to attach to the best ~
ven, 70 attend the pursst and most yirtuouS
ctiohs, it-should never beadopted as q ground
on Conclusive decision. Every argument
Fifieh has been advanced is iJutton,cd upon
Nc ~ principles Of inpeseh.