The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1845-01-17

| In Iowa and Wisconsin territories, the Chief
Justice and the two associates, in each territory
receive 81 500 each.
In Illinois the Chief Justice and eight associ.
ates receive 81 500 each.
In making this comparison of the rela.
tive expenses of the several judicial sys-
tens of the different states, we do no, pre-
tend to entire accuracy, but believe our
statements will be found 10 be substantial
y correct, and that enough is shown to
satisfy your honorable bodies that we are
correct In the assumption that our judicial
! system Is among the least expensive. and
mat we receive smaller salaries in propor-
llon to services performed. and the time
occupied than are received by the judg-
es OF the supreme courts in any of the
states of the Union.
But we will now place our refusal 70
comply with your request upon other. and
what we respectfully conceive to be tho
more proper ground under the circums,an-
ces which surround us. The judiciary
department is made, by the constitution.
one OF the three coordinate but separate
and independent branches of the govern.
ment.
10 enable us to maintain that constitn-
Ilonal independence as ncumben,s of tia,
department. 1t was wisely provided tina,
we should have an adequate compensation
Tor our services, and that the legislature
should have no power to diminish that
compensation during our continuance in
Office; for it must be obvious to every
rejecting mind, tina, if we were deprived
OF the compensation incident to orr STA
tons, or It should be SO diminished by le-
g'slatIve action as not to afford an adequate
support for ourselves and families, tina,
our independence as judges would be de-
siroyed, and the judicial department, pros
traed at the feet of coordinate denart.
ment. Is ii right and proper, therefore,
Tor the two houses to attempt reduction
OF our salaries in this nhrec; way, when
the constitution forbds it to be done bv
direct legislation We think not; and,
although we will not question the patriot
lc motives of the members in making this
request in the form they have adopted,
we nevertheless think that compliance
on our part would lead to a dangerous
precedent, which, in the sequel, might be
productive of much more harm than good
to the best interests Of the people.
The constitution of the state and our
permanent institutions under it, should be
stable and uniform, and not made to de-
pend upon the temper of the times, the
violence Of contending parties, or upon
every change of political events. The
constitution is the basis of both legislative
and Judicial authority. and rule by which
both Legislators and judges are bound to
proceed, and 1t is an important principle
which we think should never be lost sight
of or departed from, either in legislative
discussions or in legislative action, that
the judiciary in this state is not suJor-
dinate, but coordinate branch OF the
government.
ltmay indeed frequently happen that The
judiciary of the state may be called upon
10 exercise controlling influence when
in the course OF legislation the cons,itu-
ton may happen to be violated. In such
cases, the courts possess the constitution
al power, and it is their duty, to declare
such acts void and of no effect. The on
ly safe way, therefore, we respectfully
submit, is for each department to conform
itself strictly within its own constitutional
and appropriate sphere of action, so thai.
all may act tremendously together in car
rying out the important ends for which
the government, as a whole was consiitu-
ted by the people.
Il. NJ. Young, T. c. Bromn,
j. ID. Cation, y. ID. Lockwood,
Jas. Shields, s. II. Ireui,
j. b. Thomas, ". h. Scates.
I'm. UilsOn.