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

In Iowa and Wisconsin territories, the Chit
Justice and the two associates, in each territory.
receive 81 500 each.
Ia Illinois the Chief Justice and eioht associ
ates, receive s 500 each.
In making this comparison of the rela.
tive expenses of the several judicial sys-
TENS of the different states, we do not pre-
tend to entire accuracy, but believe our
statements will be found TO be substantial
| ~ correct, and that enough is shown to
satisfy your honorable bodies that we arc
correct in the assumption tina! our judicial
system is among the least expensive. and
tina, We receive smaller salaries in propor-
ton to services performed. and the time
occupied, than are received bv the iudp-
es OF the supreme courts in any of the
states Of the Union.
Bat we will now place our refusal TO
comply with your request upon other, and
what we respectfully conceive to be the
more proper ground under the circumslan
ces which surround us. The judiciary
! department is made, by the constitution,
one of the three coordinate but scperate
and independent branches of the govern.
ment.
10 enable us to maintain that cons,ilu-
'onal independence az incnmben,s of that
department, it was wisely provided tina,
we should have an adequate compensation
for our services, and that the legislature
should have no power to diminish lha,
compensation during our continuance in
office for il must be obvious TO every
rejecting mind, that if we were deprived
OF the compensation incident to our sta.
tons, or il should be SO diminished by lc-
glslatlve action as not to afford an ADEQUATE
support for ourselves and families, tina.
our Independence as judges would be de-
stroycd, and the Judicial department pros
trated q! the feet Of a coordinate depart-
ment. Is ii right and proper, therefore,
Tor the two houses to attempt a reduction
of our salaries in this indirect way, when
the constitution forhils il to be done by
direct legislation ? We think not and,
although we Will not question the patriot
ic motives of the members in making this
request in the form they have adopted.
we nevertheless think that a compliance
OH our part would lead to dangerous
precedent, which, in the sequel, nigh, 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 conending 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 arc bound to
proceed, and II is an important principle
which we think should never be lost sigh,
of or departed from, either in legislative
discussions or in legislative action, that
the Judiciary in this state is not SAILOR
du1ate, but a coordinate branch of the
government.
ltmay indeed frequently happen that the
judiciary OF the state may be called upon
10 exercise n controlling influence when
in the course OF Legislation the cons,itu-
ton may happen TO be violated. In such
cases, the courts possess the constitutions
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 tina,
all may act tremendously together in car
rying out the important ends for which
the government as whole was constitu-
ted by the people.
R. NJ Young, r. c. Broacn,
j. u. Cation, s. ID. Lockwood,
Jas. Shields, S. II. Irea,
j. b. Thomas, ". Il. Scales.
HIM. Nilsson.