The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-07-11
! -, osuoca,1IC REPUBLICAN, TICKET.
I'm INDEPENDENCE OF THE JUDICIARY
- ASSAILED.

,o,o a resolution was introduced in
e,a.a,e by Loco-foco destructive from
mn;s M, Tappan,) proposing TO amend the
Constitution Of the United States SO as TO limit
III term and tenure OF office OF the Judges OF
III rho United States Courts On Thursday,
LIZ was taken. which, we rejoice to learn, IS
.aaarded as decisive against the chance OF this
.asoh,ion beinc honored even with consldera-
tion. during the present session. Il was post
noned 10 Monday next, on motion OF Mr.. CLAY,
IL Kentucky, who desired to bring up the bill
from the House regulating and equalzlng the
,nieaue Of members of Congress; to which
some Of the Federal Loco-focos took the great
est pains TO give the go-oy
By the Constitution Of the United States,
the Judges both Of the Supreme and the Inferior
Courts. are 10 hold their offices during good be-
bayiorn This principle prevails IN most oil our
c,a,e constim,ions-ln some of them, il is true,
under notifications more or less extensive IL
has been the subject of the highest euogy by
he most distinguished writers on Government
at home and abroad. As IN monarchlcal 1o-
vernments the independence OF the Judiciary
is essential 10 guard the rights OF the subject
from the injustice of the Crown, SO our Repub-
hcan fathers thought il equally salutary IN Re
pubLc, TO protect the Constitution and the laws
from the encroachmepts and tyranny of faction
Messrs Allen and Tappan, Walker and Clay,
Of Alabama, proclaimed themselves IN favor OF
breaking down this stable tenure of the Judges,
which has been adopted by every free. nation Of
Europe, and which the trainers of our Constitu-
lion thought indispensable to secure the free
and independent exercise of their judgment by
Courts Of Justice The last mentioned Senator
gave a sort of challenge to Mr.. Clay Of Ken
lucky, to express his opinion on the resolution
for altering this tenure. The Kentucky Senator
instantly replied, with his characteristic direct
ness and energy: 81 am against the change,
totally and decidedly, and | will give the Alaba-
ma Senator a certificate to that effect if he
wishes one, to show to whomsoever he pleases."
Mr. CALHOUN expressed his opposition to the
proposed alteration in the strongest terms. He
declared it would be eminentty Disastrous "
He said truly that there was no principle on
which the trainers of the Constitution had ex-
pended more careful elaboration, or IN regard
to which they had been more united, than tina
the tenure Of office of the Judges should be
quamdiu Sc bene gesserint, During good be,
havior.) He also demonstrated against hurrying
10 the decision of question of SO much inn
portance, at this late period, when the requisite
time cannot be given to the discussion
The resolution was postponed but it will not,
probably, be heard of again during the present
session.
marking that such movements as this, which
seem TO 90 hand in hand with the dwelling and
destructive measures of the present Admlnistra-
ton fill US with more serious apprehensions, as
TO the durability of this Government, than any
thing else Mr.. Madison says, in his papers
that this clause in regard to the judicial tenure
was agreed to in the convention which framed
the Constitution, "NEM. CON-" In one OF the
most able papers of the g Federdiist," 1t was
pronounced the "citddei of public justice and
public security n--as ssone of the most valuable
OF the modern Improvements in the practice o.
dovernment"-as "He best eTPedient which
can be devised in any Government, to secure Q
steady, upright and impartial administration O
the laws" The same authority emphatically tell:
US that periodicM appointments, however re
gulated, or by whomsoever made, would, il
some way or other, be fatal to the necessary in
dependence Of the Judges"
The attempt to overthrow this indispensable
ingredient in the Constitution of the Judiciary
must be regarded as dangerous innovation,
and the offspring of a disordered Imagination
OF hankering for office, or of reckless and
audacous spirit of destruction. 1t requires but
halt an eye to see that the progress of events is
rapidly dividing this people into two great parties
CONSERVATIVES and Destructives-and the time
IS at hand when men must take their positions
IN the ranks Of one or the other