The native American. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1840, 1840-10-24

duet. Now, with such state of things as
thls-wlth legislature which may lrampe
upon ourfighs and rob us Of our property
in what but an honest and independent Judi
clary--in what but Judiciary such as our
Constitution has declared and the law has
|created-in what but Judiciary with all the
powers which the Constitution and the law
have conferred upon ia Judiciary which
hears without panic the yells of mob, and
treats with contemplate denuncaions Of fac
tion--a Judiciary, which like some majestic
pyramid, raises its head above the storms
which rage below it, and is not Influenced by
the passions which madden lie crowd--in
what, we repeat. except it be in Judiciary
such as this, shall we find security against
the fury of party spirit, or the tyranny of
despo'ic and Irresponsible legislature! We
do no, mean 10 assert that Congress is such;
but we mean TO say. tina. Congress may be
such. We do not mean to say that Congress
does trample upon our rights and plumber US
Of our property; but we mean TO say that
Congress may do these; and in this event
what security can we find but in an honest
/ and independent Judiciary2 We have said
that we in a particular manner. need this, and
this will appear obvious, as acethink, to every
one who will give TO the subject the consid-
er&tlnn which its importance demands; our
situation is peculiar. The States can take
cane of themselves. Independent sovereign
ties, 10 certain extent-,hey enact by their
own egislaiures--legislature elected by
themselves-the laws by which they are GO
verned; and if the General Government shall
attempt to move out Of their orbit, they may
resist their encroachments and check their
sway. But this is not or position. With
territory of ten miles square, and with
population that does not yet reach fifty thou
sand, unless ace have an independent Judi
ciary, aOe are entirely at the mercy Of our Ma
tional Legislature; they may egslate for us
as they please; they may strip the slave
holder of his slave, and then rob him of his
house; they may lberate the slaves Of this
District, and reduce their masters to bondage;
they may do all this, and even ten thousand
times worse-they may desolate our ten miles
square under a system of tyranny as CALLING
as the inventive genius of Tippo Saib could
beget; and without an independent Judiciary
we must submit to their rule, and crouch at
their feet. We know, indeed, that this Judi
ciary may be corrupt; but this is not likely.
We know that they may tremble before a
tyrant, and become the instruments OF his
designs; but neither is this likely. Distinct
from the Legislature, they are not under its
control; independent of the Legislature, they
have no reason TO court its favor, or 10 fear
It's irowns; separate and independent, too, of
the Executive, they stand in the same situa-
ton in relation to this branch Of our Govern
men'; and this we regard as one Of the most
excellent features in our Judiciary, and one
OF the greatest securities for the independence
of their course and the honesty OF their deci-
sions. For, let us talk as much as we please
about the perfecibilily Of human nat,lre-of
It's high sense of moral obligation, and deter
mined nnexibiity TO do what is right, regard
less OF consequences, yet governed as men
are generally by their own interests, is il not
TO be feared, that in the sharp contests which
may sometimes be waged between these ond
the dictates Of conscience, the latter will
sometimes yield 10 the imperious demands Of
the former? We do not say thata Judiciary
differently constructed from that plan which
our Constitution has provided would be cor
ruPt; but we do say that, under the trying
donment Of conscience, we would fear it.
Hence, the trainers Of our Constitution have
provided that the Judiciary shall not be cleo
ted by the people, but commissioned by the
Executive, confirmed by the Senate, and re-
movable only by impeachment. The first
prevents their mingling in the angry politics
Of the day, and ofcourse their becoming par
tizan judges. The second makes them indie
pendent, and guards them, as much as human
wisdom can do, against corruption. 1t is
true. nevertheless, that their situation, intlc-
pendent as it is, does not place them above
law; and with this we entirely accord for, in
the language Of one Of the most venerable
judges of our court, we would excam, "God
forbid that any man shall be above the law;''
for mode is provided for their impeachment
and trial, by which, if guilty of crime, they
may be punished as they deserve---a wise
and salutary provision Of our Constitution,
which only the madness Of party, or the de-