Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-06-07
NATIONAL INTELLIGENCER.
THE JUDICIAL TENURE.

LAND, has been published in pamphlet form, and
on rapid perusal Of it, we quite regret that its
length precludes its entire insertion in the Inelli
gencer, though the requisite space in our columns
is quite possibly occupied by matter less important,
and less generally interesting.
The subject Of the Judges remarks is the Judi
cial Tenure, and his argument is eliminated with
such perspicuity and force, and fortified by such
weight of authority, that if generally studied It
would 90 far to determine the question OF the
proper character and duration of appointments in
the Judiciary department of the Government. The
compactness and logical connexion Of the Judges
reasoning render it difficult to separate any portion
of his excellent argument for citation without in
turing its strength and effect; but we copy as much
as we can make room for to-day, with the conf
dence that even these broken extracts will repay
perusal. The annexed passage will serve to pre-
sent an outline of the course Of argument pursued
in reference to what the orator deems the most es-
sential attribute Of an efficient and faithful Judge
and without which he fears that justice will not in
yarably be impartially dispensed:
But can the Judges be expected to do her duty. when
their very existence depends upon doing otherwise You
will not allow Indsa 10 nha h. mas N
interest in his decision but to decide when bis rights
Of person. property, reputation the subject Of cono
yersy would shock every mans Of propuey Way
this The answer is obvious. His pariai.ies would bias
his Judgment if his integrity proof against temptation
and the reason abuDdanty sufficient to justify the rule
But does the same reason apply with all its foce when
his official existence which may be his means OF subsistence
when even more than this when his reputation and fair char
acer are not Git tue) the subject Of the controversy, in
terms but deeply involved consequences resulting from
the particular in which be may decide the case
the value Of dollar Of his property be at stake in the ISSUE
he disqualified, for assumed partially and yet when
sequences utterly uinous himself may grow out OF the de-.
cison you are asked disregard their influence Now, sir
my proposition is that be be placed in condition to exempt
him from these consequences from all fear Of them. Let
him be defended against any such influence and against all
other influences but that of high and moral obligation 10
do his duty faithfully and 6rmy-yes, sir. in one word,
make him independent. And the way do this, is to
make his tenure Of office depend the owus the
smiles Of those upon whose rights he may pass Judgment
but upon his fahfuness and rmnessupon his good be-
haro This sir is what the rights Of the people, require;
this is what all the people ought 10 desire, and have
doubt do desire They ought to demand it because the
of those for whom Courts and Judges provided de-
mand it because the pledge and promise Of protection and
security made them by the people will otherwise be false and
delusiye" ~.
"Reverse the case and what is the value Of your law
What avas your Court It admits the sui.or within ito
halls but it mocks his effort obtain redress. Is it amongs
the rights of the people thus make mockey Of law and
Justice Is this right which it is desirable to restore
them Sir cay again. the people have the right, in
Of that they have the pou to do it they
sovereign They may assemble in their majesty and express
ly say TO their Judge You have given righteous judgment
Judgment consistent with the laws and with the rules
honesty and equity but is not consistent with feelings
and therefore. have the power resolve 10
yuu your make way for one who will consult
wishes They do this and the Judge, driven from BIZ
seat has redress But is it therefore proper is it there
fore desirable to do it, do any thing, which will
courage the exercise Of such power No, sir; the innate
Of proprey to all would dsnounce such pro-
eeeding inutous in the highest degree and in the
legitimate sense Of the term deny that the people have any
such right Now, 81, what maintain is that when you
make the Judge The puppst Of The people, you virtually
courage and often will this niquiy; that there Is no
real security but in the independence Of the Judiciary
In the course Of his argument the Judge quotes
from The third article of the Federal Constitution
"The Judges, both of the Supreme and Inferior
Courts, shall hold their Offices during good be-
= havior, and SHALL at stated mes receive for their
services compensation which shall not be d.
minished during their continuance in office"
After referring to the commentary OF the Federalist
upon this clause, he thus proceeds:
"The article in the Constitution Of the United States
received the Of every member Of the body that framed it;
nor there 10 the history Of the Convention Of l776 far
have been able to it, the least to believe il
was adopted in Maryland with less unanmity.
ssNow, Mr. President wish to show that some, indeed
all DOR ables uss have coneured in the opinion that the
pecuiares OF republican institutions precisely those
which emphacaly require persevering adherence TO
this old and venersted TRUTH Judge c. here read exscts
to show the opinions Of Professor Wilson, in his Lectures
Chancellor Kent in bis Commentaries Mr.. Rawie, in his
Treatise on the Constitution; Judge Tucker Judge Hop
kinson and Judge Story Indeed, s (.aid Judge G.. }
until lately, since spirit Of change has become rife in
midst there high the roll Of fame far as
inormed-there was who doubted this subject
except Mr. jeff and be exception only 10 his
later days. His Notes Virgins speak different language
and in harmony With his contemporaries and associates
In the following passage it will be seen the
Judge applies himself particularly TO the defence Of
the Judicial Tenure during good behavior, and,
indeed, he refers bu, incidentally in any part of his
remarks, to the mode of appointment as secon-
. Diary consideration:
am aware, sir, that is said that the people are COM
petent 10 elect other -.