Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-01-22
FOR THE SPECTATOR.
NO. Iii.
TO tie People efAe state Of Illinois.

Sfiiit me mere ID add II IL DC possible
still some stronger proofs that the de
pendence of judges, and the prospect o
loss or gain growing out Of their oficia
conduct (beyond swell done, good anc
faithful servants.'') is corruEhng. Tha
If they dread any loss for adhering tc
their duty, or hope for any gain by aban-
doning it, they are placed in the vortex
OF corruption--i. e. if the temptation be
a strong one, or, indeed, if it be feeble
but still as strong as the judge's integrity
he is "a lost fawn skin" in either case
Indeed the history of all nations furnishes
abundant and melancholy evidence of the
truth of this remark,
would here again appeal to the Bri-
fish history anterior to the reign OF
\ Charles the second, when Judges were
entirely dependent on their masters will,
and not on their conduct, for the dura-
tion of their Offices Were not they the
wicked instruments OF tlleir masters cor
ruption Where was tie man in the
realm whoseperson, property, or charac-
!, ter was safe when brought before one OF
those dependent judges if the sovereign
was hostile to the accused We read
OF the most iniquitous trials and condem-
nations; the most barefaced destruction
of character and confseation OF property,
and the most impious deprivation of life.
Might not their courts Of Justice be then
correctly considered in such cases as a
Judicial slaughter-house OF property,
liberty, character, and lives of the cit-
zeDs, who were obnoxious to the dis
pleasure Of his majesty !? Yes verify
The history of that country presents the
most dismal evidence OF these shocking
truths. So deeply were the Britons
penetrated with the alarming corruption
Of their judges, and SO anxious to destroy
tho royal influence In courts Of Justice,
that Judges were both as to the continual
ton of their Office and the amount Of
their pay, rendered independent OF the
,cro7yn. So that all temptations were
Withdrawn, and the strong motives grow
ing out of their regard for their Office,
. salary, and character, inspired them TO
do right. Here then pure Judiciary
might be expected; where 20 motive to
do wrong existed, but where on the
other hand, there were combination OF
mighty motives to do right.
The colonies said in former num-
Der, complained of the dependence OF
the British judges. They intimate that
this dependence made the Judges dis
honest in their office. Nov were they
sincere in this complaint? l think they
we're honest in it. The Unied States
judges by the constitution of the United
States hold their commissions during
good 6ehaviour; and their salaries are
not to be diminished during the CONT
nuance of their Offices. And | believe
nearly all the judges throughout the diff
fcrcnt states are placed in tie same
situation. The members Of our conven-
tion did not think these ideas visionary
for they fixed the salary of the supreme
Judges at an amount below which it can
not be reduced, nor can they be removed
until the year 1924, unless by the con-
currence Of two thirds Of the legislature.
So anxious were they to secure their in
dependence and so fully were they con-
WINGED of the necessity Of doing so, to
have honest judges and ones that would
be governed in their decisions by the alb
stract consideration Of the case, and Of
the law, without ever thinking once Of
the relative standing in society of either
Of the parties to the suit, or of the num-
Der and influence Of their friends.
We have seen the strong and irresista-
Bile temptations that dependent judges
have to abuse their office to promote
their own aggrandisement, when it can
be promoted by the abuse of their office
And we have seen that the United States
and the British governments have been
convinced by the juridical history Of the
civilized nations, that to have their judges
pure and impartial they must both as to
the tenure oftheir Offices and the amount
Of their salaries, be independent both d
the heohie and of the legislature.-
These governments have been thus so.
licitous to withdraw and remove from
their judges all the approaches Of cor
rupting error, and reared around theil
integrity strong and almost impenetra.
BILE fortress-in this fortress they ought
to remain housed from the storms and
seductions Of corruption, while theii
commissions last. But when an cleo.
pioneering judge leaves this hallowed