The Northern star, and constitutionalist. [volume] (Warren, R.I.) 1834-1837, 1834-09-06
THE CoM MsTITCTToE OF
EsIIODE-ESLAND.
NUMBER FIVE.

i
ent form of Government, lies in our Ju-
dietary. Ibis department, of all others,
is most intimately connected with the pre-
servation of our dearest rights. 1t has
emphatically been termed the sheet anchor
ofour Constitution 1t is the polar star
to which our eyes are directed, amrd the
raging storms Of party strife, which ire-
quently threaten the entire demolition of
our republican institutions This is inva-
riably the last refuge to which the injured
citizen can flee for the recovery of his
rights, the preservation of his liberty, and
the protection of his life. 1t is the bull
wark of defence TO whole nation, against
the encroachments Of the Legislature, land
the usurpations of the Executive. Such
is its nature, such its importance, such its
connection with the very existence of our
republican institutions, that we would say,
let there be corruption IN any and every
part Of our government, rather than our
Judiciary, should be any thing but en-
Hghiend, honest, and independent. We
can bear to see our liberties endangered,
our rights wrested from US, and every
thing that is dear to freemen, threat
cned with destruction, by any other de-
partment, if we can but cast our eye up
on an efficient and uncorrupt Judiciar y,
TO which we can have recourse for their
recovery. Thus much have said on the
! nature Of this department such being
| it's importance it must occur, readily to
all, how necessary it is to have it per-
fectly independent. Let us for moment
examine our present Judiciary system.
In the first place it must be readily
seen, that it is folly to talk of the indc-
pendence ofany department OF onr gov
crnment, while it depends for its creation,
its powers, its jurisdiction and its very
existence upon the enactments OF any
other department
Therefore all those blessings which are
| intended to be conferred, and actually Sc
cured, by an independent Judiciary are
altogether lost, where it is supported by
any other authority, than that Of the SOW
ereign people themselves.
In this State, the Legislature erected
this department without the aid or direct.
ion of the people consequently they can
change, extend, or abridge its powers
yes, they can annihilate them, altogether,
without the aid, direction, or concurrence
of the people.
1t equrcs no argument to show how
sadly deficient we are, in such Ia judic a
ry as will most elfectaally secure to III
those dear bought rights, which are thu
rich inheritence of our worthy ancestors
The powers to he exercised by this de
partment, are liable any moment to be 81
crippled, and its jurisdiction so curtailcd
: as to render its operations, of little advan
tage to any or so extended as will rem
} der the exercise ofits powers dangerous
in the extreme, to the liberties Of the pet
pie, without the most distant hope of rem
edy.
4 These points can be readily illustrates
by examining the method now pursued b.
our Legislature in constituting and main
tain;ng this department. ] will endeavo
in my next number, to exhibit the striking
and important defects in the present mod
of chosing the Judges Of our Courts.
: Providence, Sept. 3. II.