Southern planter., 1832-05-19

prunrug by blsor3 lnd experience peIclinS
wherever power is put into motion, prepos,. II
ing power must reside somewhere TO fsns.
lasting and beneficial. They therefore relsn,i N
night 10 elect the legislative offices; but a. 49,
and balance 10 that power, they deposited n, II
to elect those of The Judiciary IN other hand, M
the passions aud the prejudices Of the demo. y Z
part, and the tyranny aud oppression Of NJ, VI.
approaching 10 arslocfacy might be rende,e. II
iirely harmless by the yigilani virtue ofthe oDe
the cool deliberate reflection Of the other. IL
Then because these we're tho motives ~
acts ofthose who formed the United States nv IA
meni; that therefore, wheu we elect the Juds.' .
The people; when the maker and the expo,eS
the law derive their authority from the same ~
when we throw the whole power upon the d.
tic or tho ansiocuuc side Of the machns,- -
check il in lis operation; we cluse our eye, =!
mer experience, and we necessarily ieps,I e.y
first principles OF our free and happy gove,s.
The remaining part Of the proposition !,
such course is calculated 10 destroy ths :,
that man has against violence, misrule, g. oun,..-
To iuGge properly Of the effect Of a Iav
useful TO refer 10 other governments. wb,,. N~
same law has boen in existence | will me. u.
that ofGFeal Britain, bearing greater sim,,a,M "a
our own, than any other within my knOwledve y
In every government, a sovereign pows,
reside some where In Great Britain, n exiS,,
the King in the United States, its residence ;.
the people BY reference 10 the effects pro5' /,
by the Judiciary depending upon the soyereig, =
ef m The former government for their ofie.l "g.
may be enabled TO Judge partially of the elEec,, u
would be produced by permitting tho iudic,,1 IN
DC dependent for their commissions, unon m,
efegn power in ar own government. Pro,,'
reign Of William III, the Judges in England u "A
their commissions during the pleasure oithe cn,
they, anxious 10 retain the emoluments of IA n
would order a conviction or acquttal. as ws,sE
calculated to ensure the favor of their rova 0.,.
the consequence was, that neither the life. NJ, !
liberty OF the subject, rested upon firm gro,.M ,
all rule was violated; all order dsregsrded. J,
the security Of the accused was lost IN tbs =. \
OF the sovereign, held over the will of The JpsN
and 20 the dependence Of the Judiciary ma, ,M J
cause be ascribed that compelled Usnna9M r. \
suuef' ana sydney to die. presume It will s
1e denied' that tie nature Of man, is pretty n. d
he same throughout the world. Then iflhs
go because IN other countries, where the iudic NJ
nave Deen dependent upon the sovereign power W
olnees, ihey have acted so as to retain the good
OF 'hat powers that, therefore, make our iudie ms
dependent upon the Sovereign power here, and lu
conduct VIII be so shaped, as to please the anlhe
y from whence their honors, their emoIumss 70
nave been derived. II, then, the people eect AaJ
judiciary, will not the Judges, anxious 10 retau bs
commissions, sooner ask the question-wbat Nj
sion VIII best please the sovereign ear2-ratbe, Boz
'ney VIII ask--how does the law compel meio b
rluet am answered, that all Judges would "a
'c' mus l admit 1t: but, contend, that indu ~
nen'S are held out TO them, thus 10 act. tbal NJ
same OF less Inducements, have influenced q NJ
men 70 depart from what is right; and that o AA
may oe induced TO do so likewise. also eo ~
Iha' genuine unadnlterated liberty consists a il
f'gnt 70 have my conduct investigated accorI& kn
70 the law written and promulgated, prior 70 e-
inarge OF any offence; which law must be app& o.
oy an upright, dispassionaie, dsinteresied ind kmu
therefore have come to the conclusion that N nr
10 inducement is held out to Judge, 10 becN Nm
Interested against me, to CRAFTY any man or n sp
men, OF winch IN Its nature may have that tend qhi
W then my liberty rests upon sandy Eoupda dq
nd The government docs but mock me when Il uEnd
nave security against misrule, violence. and &h
! resslon: But LET us peruse the history Of M
sh judiciary little farther; during the rein iHI
ne hsi mentioned monarch, the great elIls@ he
innocent blood which bad preceded his reon. hr
slsey a''rlonied to the dependent situation o 1
judiciary 1.-The subjects had reflected upon hlu
natter, and nothing short of independent JodN n
'ould crafty their demands;-a statDte eo1 nsl
uenty was enacted, placing the tenure Of o6 ~
pom the good behaviour ofthe incumbent. Ev| na
us was inadequate to guard against the encwn
'en!s OF the sovereign power; because the al ~
sson was forfeited with the demise Of tbe cB I
land IN the reign ofGeorge the Sd. il was eD,. ?
a' IN iupire the Judges should retain their cd gp
isslons during good behaviour--that their saI,n p
ould be fixed and permanent, and that the d
lmen' alone should have the power to revoke
tiers patent The title Of that sa,ute was 10 h Ahl
rye the dignity and independence of the Judri h
hs was considered triumph Of the peopl, 81
gal authority; and triumph indeed il was, mi
ey are now tried by the law:--the Judges nd ao'
inducements to bend principles to sustain bss -No
ives IN power, and judicial murder IS now \ Hh'
IN or ever seen,--and il was this triumph thaie va
led that bright luminary ofthe English bench r {
eiaIn,--"he desired not a popularity thal uf h
med without merit and lost without crime" a I
nut again,-the wants, tho fears. and weaEnz y \ \
man irst compelled him to enter inlo tbe sod ~
impact not so much TO protect himself from w
fluuti Violence. fbo un,,,. a NJ" AOI