The Arkansas advocate., 1832-10-17
cry respectfully,
 ELLINGTON.
TO THE PEOPLE OF AKKANsAs

ix and the writer who pursues this course. although his assertions may be painted
 With the eoloring of truth, and be de. ilVcred ln flowing stile, must shortly lose ilis character for veracily with the public. -.
 Having in q late paper assumed .he lstc', that the Judiciary of this Terri tory has lost its constitutional indepen- dehce, and become subseryient to an exotic protnberahee, growing outof the union Of the Executive with the Dele. gate Ill Congress, which union has been strengthened and cemcnted by every thng Inthe Territory having legitimate claims to venality,corrnption and proili- eacy, owe it 10 you-I owe t 10 the gentlemen who are now in office as Judges-and ! owe it to my own cha racter for seracity, to show. that this IS not mere assumption, bat literal and absolute fact.
 Every independent citizen of the Ter ritory, who believes lis civil rights wortI. preserving. (and address myself to no ether,) will discover that my business is not ,i with the present Judges, in thelr official or private capacities, individu- ally or collectively, but with the pre- earlous tenure under which they hold their offices. and which has reduced them to the humble alternative of bow Ing submissiFely to the prime agent of ruling faction, or retiring from office into obseafity; where, no doubt. some of them would have stitl remained. had not fortuae been more efficient in draw ing them from their innocentretirement. than their own talents.
 Ut Is doctrine universally adaEitted by the best writers on the constitutional prero9atipes of tfle three departments of government, that the Judiciary, be- Ing the weakest of the three, in order To preserve its perfect independence. and Insure its safety from the influence ot the other two departments, or any unconstliutional taetioa which might grow up to power for a time, should nave competent salary assigned 10 1t. and the confirmation of the Judges in oifce, during good behaviour. The reason of this is founded on the rule. that all the institutions of free govern inent should bc framed so as to guard. as lar as practicable, agaiast the pas slons, the prejudices, and the weakness of human nature. Experience proves, that 1t IS the only citadel in which the Judge can sit and bold tue scale of jus tee with an even hand. Il is very ob- vious, that when a Judge has to sue submissiyely to the appointing power for hls office, and canvass for hls salary. amongst the crowd of vices to which his poverty and dependance render nm llable, selfintcrcst would become most conspicuous, and the laws of ne- 1 eesslty become his guides. Yet this is the man who is to decide on the cha racter, the life, or the property, of ey- cry citizen who may have plea to an swer in either Of those cases, in n court oi justice. Hence it is plain.. that he. whose judgment has an influence or every thing we possess, should be per- iectly independent, and subject to no other Influence on earth, than the die iafes of pure conscience, proceeding from clear understanding, and sound Judgment, There is no danger to he appre ehended from the Judiciary 10 our constitutional civil rights; it is only from its judgements on the bench. that subservlent and corrupt Judiciary be- comes the scourge ofthe community in which it exists. Its influence on socie- l ty, proceeding wholly from it's judge ment, without power to prescribe, en. act, or resolve, every protection, con- sistent With the spirit of rational liberty. should be extended to insure that judge mentireeand untrammelled. NoJudoe should be placed in an altitude to re- voive this inquiry in his mind, namely. I"lf ] pronounce this judgement-if l do this act, (which my conscience tells tne ] ought to dol will I not be dismiss sed from office?' Here honesty. integ- rity, and justice. say, 'sgo out of office and continue to be anhonest man;'' but seIfinterest has lurking place in hu. man nature, and is always crying out on such occasions, save yourself No studied eulogy could place the charac- tefs of Trimble and Bates in more re- spectable point of view, than the sim pie fact. thatthey were both placed in l the situation have described, and Joih arent out of o6fce.
 MT. Trimble'sappointment as Judge,
 was approbatcd by the predecessor oi
 ,our prpsent nelep.fa XVhnthor ha