Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-05

Conventions Legislatures or the States in any sense Of
that term-no with any reference to federal rule or
rauo-out seven Judges appointed by the President
ana senate The consequence might be, that a single
Administration might appoint these sole arbters, and
supreme interpreters, aud Il constitution max
ers Should two OF the aged Judges resign, as two
have died during Gen. Jackson's Administration, il
would have been very much In his power TO put in a
new quorum Of the Cour-to give new law and ne W
tone to some Of the great provisions of the Constitution
Ihetr fenWe-They in Tor life, unless turned out
by way OF impeachment MIR. Jefferson has pronounce
cd that process TO be the "scare- crow-and or
mere matters Of opinion (however erroneous) would
The esprit de corps-As these gentlemen have gone
in. one by one, they gradually become leavencd by
what was in before. They penetrated by a species
OF Esprit dc Corps. Those, who went in Republi-
cans. turn out be Federaliss opinions become
and tho stream Of their decisions all the
same wayin favor Of the power of the General Gov
ernmen and against the rights Of the States. Iii not
occasional decisions Mr. Madison says, but their
uniform decisions TO the powers OF the government
which have "incurred serious" (if not extensive
dissapprobaton.
And is the conduct of these gentlemen so cool and 50
Discreet all of them far above the clouds OF pas.
sion and of party, that they should be entitled 10 this
transcendant power! Must refer to the late con-
duet Of Judge Johnson in s. Carolina-who has public
ly prejudged the constituonaity Of Tari0 although
the question may yet go before him-and who has dc.
nounced without satisfactory evidence some of his own
be traitors to their countryThe read
er will see in the following well-written article an ar
ragnment Of another of these Judges the bar of pub
lie opinion. This letter to Judge Story is evidently
written with much TASTE though two three OF its posi-
tons are liable TO exceptions:
FOR THE ENQUIRER.
To the Hon. JUSTICE Story.
The public conduct Of public men, Is fair subject of
enquiry and discussion to ALL II is the privilege and the
however high, before that tribunal which is higher
than ALL public opinion. No exemption from this re.
sponsiby, can be found in any place under our Gov
eminent. The department TO which you belong, is no
is frna "A ~ 10 H.
approached las II has been with reverence than
any other-lts DEGREES should be received with pro-
found respect and perfect submission; and should
be thought, much less expressed that its
tons could be subject to any prejudice improper feel
ing-This ought to be There is security for the
General Government for the States for the citizens
less IT So That this may be there is another thing
that ought TO be, that must be. The men in Judicial
stations must be most careful to deserve and justify this
confidence There must DO sancity i'm their outw ard
conduct, evdencng sanctity Within which no unhal.
out reserve in the many sres that agita,c the common
mass OF mankind il they become partizans in the con.
tests oil the day, they descend into the field of poll
tics, and expose themselves TO the heat and dust Of
these exciting controversies; they must bear away
from such scenes, wounds that may rankle on the
bench, and stains that may soil their robes-In
vain, will men thus exposed look for that calm
posture OF the bosom essential to the administration
Of jusce-A pure unrufIlcd stream cannot flow from
polluted and agitaed fountains. They will have ia
vOrtes and panegyrsts-with their praises they must
be content-to the confidence and respect of ALL thew
must no longer look
The Judiciary of the United States and of the States
has been treated with great forbcarance and respect
No one regrets more than he who is now addressing
you, that this has not produced Gas il ought have
done) greater efforts to deserve it, Some things in the
conduct oil men in judicial stations and these very
little things when their consequences considered
have been passed without notice, from just fear
OF doing any thing to impair the public confidence in our
tribunals But when forbearance temps feeling of
responsibility and Judge descends from the high
lion you hold to the scene in which you have suffered
youse to be seen as an actor. forbearance becomes
criminal and tho only practical corrective public opin
ion. must be appealed to-
The scene, TO which i aude, is the Celebration at
Boston OF the last National presence
there, the sentiments you expressed and sanctioned
there, are what call you TO answer for.
Your presence there, had it been an ordinary FEST
VAL composed Of your fellow citizens generally with
out distraction of party, and without reference to the
pending political contests, might have been unoi.ec-
tionable; certainly would have been unobiected to-
But 1t was not So IL intended 10 be- and avowed
to be, party festival composed of of particular
political party who designed TO take that occasion of ex
pressingthe views and advancing the interests of their
party. They knew, and you knew, that your presence
there gave you to these and their cause gave the
influence OF your name and the weight of your auihor-
ty to their cause generally, and specifically all those
points, which, in the sentiments TO be avowed there
they might call on you TO lay down for them. With
yourself, you were to give all whom your opinions
might sway, all whom your official station might
awe or allure. You will admit that your opinions
are not without the Influence which you think they
deserve; but your station you may affect consider
as destitute Of all power AMI patronage. All who
conversant with Courts know better. The favour of a
Judge is thing sometimes SEEM felt and understood
He is man. and cannot always put on and Law aside
kind or unkind feelings with his robes. Towards a
cagued brother in politics he will feel at times other
wise than towards opponen and these times may be
unconsciousy TO himself, when he is the bench II
you believe that you cannot be touched by such things
IL shews, not that you are exempt from the infirmes
of nature, but deeply deceived and whatever
you may believe as to your superiority in this respect
there is such belief i'm others and il will be booh
no disadvantage in the of the FORUM to be an ay
OF the Judge in the field Of politics; and this thought
gives you power and patronage and renders the admin
stration of justice even if possible TO be always pure)
at least suspected.
inviters, who sought TO prop their synagogue by
pillar from the temple of justice. And if you could
have been simple not TO have seen their object
you must at easthave known that your brethren of the
Bench generally, ii not universally, absained from
such associations. and the least consideration would have
shewn you the improperly of giving what was asked
from you. am not that you had any precedents
for the course you pursued-If such can be found I
should regret it, and deem IT the necessary 10
discuss the merits OF the precedent you have now set
| that instead Of being followed by Yourself and your
BRETHREN il may be reiconsidered and over.ruled.
| But the improperly OF your presence on the occa
sion is best hewn by the gross improperly of what YOU
did when you got there. You must agree to be res.
ponsble for the sentiments contained least, in the
regular toasts, to which you must be considered as
equally asserting with the rest Of the company.
Among the first, is that the subject of the Consfi-
tuition and the compliment TO Mr.. Webster, as the Da.
MEL who alone could be found among the wise men
and magicians, 10 read the writing" So this Daniel
called and he shewe ed the Interpretation thereof
and this Daniel preferred 10 all the Presidents
and Princes, &c. &C.. This sentiment 1--WE are told)
was received with nine cheers. The walls rung with
reclamation. Mr.. Webster thus alluded to- in manner
hat noaaI1 nat Aa mlsA.