The native American., 1840-11-28


but little of the restraint Of law; and that, if
left TO ITSELF its aspirations will always be on
the side of virtue, and its actions win cor
respond with these. Bat we have been ed
ucated in different school; and with US, that
theory is always false which is contradicted
by experience and opposed TO facts. Unfor-
tnnalely for these modern Sciolists and inven-
tors Of new systems, the history of man is
against them; for everywhere are its pages
stained with blood and loaded with crime.
Every here do we find nordinate ambition
struggl ng after power, and, in its violent
readings to obtain it, regardless of the means
which are employed. Such is man. and
such is his history. Such is he presented to
us. in that most ancient and veracious hlsto-
~, the Holy Scriptures. Such is he every
where in ,he pages of profane history; and
such nav each one Of us find him in himself
"a being conceived in inifuity and prone TO
sin; and hence the necessity, when he is
clothed with great and extraordinary power.
and high and important trusts are confded
to his care-when he is placed in an exalted
and responsible situaton-in situation in
which all that is most dear 10 man in this
word--lte, liberty, property. and reputation
are by the law placed in his hanJs-that
he Should be as much exempt as possible
from the influence of those temptations by
which he may be assailed in discharging his
duty, and TO which he may become the vic
tim. A dependent Judge may be honest. In
the worst days Of Rome, there was Cato.
In the most degenerate times of Greece,
there was an Aristides. And in times worse
than these-in the times Of that monster of
monsters, Henry VIII, OF England, whose
deeds of bloody ierociy would have made
even Nero blush-even in these times Of
blood and carnage, of plumber and devasta-
ton when the scall'old was streaming with
the lood OF his own veins, and all England
Of her royal butcher-even these times, per-
haps the worst the world had ever seen, Ia
king all things into Observation-Disclosures was
Sir Thomas Moore. So that observing on
the asst. we would not say that dependent
Judge an,bt be dishonest; bat we 10 say, and
the y story Of the world supports the asser-
ton, hat with the temptation to be other
wise. and the temptation may be strong
one. it may .be the loss of office, and with
it thu. means Of subs stence--our confidence
in ha, integrity would be diminished. An
independent Judge, on the contrary-we mean
only as the Constitution has
made him such-is placed, as far as he should
be, Beyond the reach of temptations; and
hence our confidence in his integrity and
impair ;alty, is from this very circumstance
augmented. In fact, what motive has he 10
swervr from his duty, who knows that, ex-
ccpt for corruption, he cannot be removed
from Office? The parties which stand before
him may indeed be very different in their
circums .ances and situation. One may be
rich; the other may be poor. One may be
in the most exalted station in lie; the other
in the most humble. One may possess great
iNnusnc :; The other none whatever. Now,
in the supp 'si'lon that the judge may be de-
pcnde,t-d dependent, we mean, upon the
peopln-lor the Office which he held, and de-
pendent, too, upoa that Office for all the
pleasures, the comforts, nay, the very neces-
saries, of life which he enjoyed, is there not
reason to fear. that, regarding his personal
interest, lie would allow, this to have some
sway upon his mind, and that it would rule
his decision. We repeat, we do not say
that it would, but we also repeat, that it
might; and that, in such case as this, the
p,or man would appear before the tribunal
Of dependent Judge, with much less conf
dence than if he were clothed with that
inlr2an tcnca with which our Constitution
has invested him. At all events, the fra.
mcrs Of our Constitution have acted upon
This principle; and therefore this instrument
declares, that oar Judges shall not be removed,
except by Impeachment, AID that their sa!a-
.res shall not be diminished whilst they re-
main in Office. Such is the provision ofvur
Constitution with regard to the Judiciary,
and we are free to confess, that we consider
it as one Of the creates. securities whteh we
have FOR the just and impartial administration
Of Justice We are aware that there are those
who differ from US on this point, and who,
looking with a jealous and suspicious eye
upon all men in authority, would render even
our judges elective by the people, and thus
strip them Of that independence which, by