Alabama state intelligencer., 1831-09-10
From the Knoxville Register.

The Judiciary -"In the Judiciary, the Judges of the highest courts are dependent on none but them- selves. In England, where Judges were named and removed at the will of hereditary executive, from which branch most misrule was feaded and has flow ed, it was a great point gained, by fixing them for life to make them independent of that executive.- But in government founded on the public will this principle operaesin opposite direction and against that will. There too they were still removable on aconcurrence ofthe executive and legislative branch es, but we have made them independent of the na- ton itself. They are inemovabe for any depravities of conduct, and even for the ini- localities of dotage."
 Such the opinions of Jc fferson, the great ia her of republcansm, to the late constitution of Virginia. It is obvious, that the defect exists in some degree, among us. A Judge cannot be remov- ed for any incompetency or any delinquency unless he commits an impechable offence. In Virginia, many men retained their seat on the judicial bench after they had become superannuated, and when the duties they were chosen to execute, had to be per formed by other persons. This was discovered in that State, 10 be intoerable burthen and grievance and the evil was renedied under the new constitu- ton. Now, in Virginia Judge can be removed on the petition two-thrds of the General Assembly, Such an alteration would, we think, be an improve ment in our State.
 Judges not perfect, more than other people. They are now of their salary and entirely in- dependent whether they do their duty not. One | tIanscendant stimulus to action is taken away A Judge, so long ds he commits no crime, whatever may be his defects, his ndoleDce, his temper his in- capacity, is fastened on the community for life He may change the law ten times, may not have the capacity to understand what the law is; he may neg lect his business; he may guess at the merits of a case, and decide according to his own presumption prejudice, and yet he is irresponsible for all his deficiencies. Is this state of things, such n should be? Ought not all public characters to be amenable to some trbunal?' And should not every judge be accountable not only for crimes, but removable for peccadillo eccentricities foibles and prejudices, which, though they may not stgmatize his charac- ter, yet mar his utility, and render him nuisance to the people whose laws he administers. If ever a convention should be called in this State, this part of our constitution will, we think, receive modii- cation.
 l. Rotation in office is principle that prevails in the other departments of our government And it was from placing ourselves in the situation of Great Bri tain, and supposing the influence of the executive department was to be as much dreaded and guarded against here as there, that the plan adopted of electing our judges during good behaviour. That fallacy, however, now no longer exists among us.- The Executive has, in fact controlling power, and | would not think of threatening Judge to make him act in conformity with his wishes.
 | The grievance under the present system is, when bad selection is made, there is great difficulty in correcting the mistake. In the mean time the peo. pie groan for years under the calamity; their rights compromitted their property is taken from them improperly and unrighteously by judicial decision the law becomes uncertain, obscure and complicated byconacting deter mlnations; and no lawyer has any
 landmark to guide him in giving counsel to his eli ents By rotation in office, the evil of bad choice might be corrected but now, where is the constitu tonal remedy, if folly, or incidence, passion, ol prejudice incapacity obtains seat on the udeia bench and proceeds to dispense the laws of the land
 These reflections suggested by the perusal o Mr Jefferson's remarks; and as convention is ire quenty advocated, this subject is worthy the delibe rate and mature consideration off judicious and dis corning people,