Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-04-17
Last age; which tbs Editor Of the Union i 81

last age, which tbs Editor Of the Union i At
liberty to ansWer at his leisure ss y.
/" In the first class pi zoe the Judges, as Of the
hrst Importance 1t is the public justice that holds
the community together: /. he ease therefore and
independence of the judges, ought to supersede all
other considerations, and they ught to be the very
last 10 feel the necessities of The State, to be
Obliged to court or bully Minste Y for a consttu-
ency] for their right they ought to be as weak
solicitors on their own demands as strenuous as
sertors Of the rights and liberties of OF hers. The
judges are, or ought 10 be, of a REsERyl'D and re-
i tsred character AND WHOLLY UNcoNNEcT yD WITH
THE POLITICAL WORLD"
10 this true and beautiful passage from cele-
bsated speech of Edmund Burke, delivered in the
year 1850, we add the subjoined extracts from the
argument upon which the trainers Of the CONSTITUTE on
OF tie United States some seven or eight veal 8
after that date, justified and triumph,nty sustained
before the People the Independence Of the Judiciary
one OF taebrightest gems Of that Consh tuition. We
make these extracts Of course, not for the informa-
ton OF men of maturer age but of those "a unger
not perhaps so welread the subject as their sres
and more liable, BESIDES from age and tenn permanent
to be influenced by the declarations Of IA odern in
novators and demagogaes against usagss approved
by The wisdom of ages
EXTRACTS.
the Oourts Of justice tobe considered as the
buwarks Of linssted constitution, Against egsatt
croachn.ents this consideration win afford strong ,rgu
ment for ne permanent tenure oudical Offices since nv& hing
will contribute much to that independent rt
IN the judges which must be essential to Che fahfr
Torrance Of 30 arduous a duty
This Independence of the Judges is equally reo,is 70
to guard the Constitution and the rights Of individual
from the effects Of those i'll humo which the arts Of do
signing men, or the influence of particular oonunctueS
sometimes disseminate among the people themselves ana
which, though they speedily give place to better nforma
ton and more deliberate reflection have tendency i'm
the mean time to occasion dangeroes innovations in the.
government and serious oppressionsof the minor party
in the community Though thrust the friendsof the prot
posed Constitution will never with its,enemes In,
questioning that fundamental principle republican Cow
ernment which admits the right Of the people or
abolish the established Constitution whenever they find it.
inconsistent with their happiness, yet tits not to be in
frred from this principle that the Of the.
people, wherever momentary inclination happens to lay
hold OF majority Of their constituents incompatible with
the provisions in the existing constitution would on that
account be ustabe in violation of those provisions
that the courts would be under greater obligation to
connive at nfractons in this shape than when they had
proceeded wholly from the cabas Of the representative
thoriative act annued changed the established FORM
is binding upon themselves collectively eu Individuality;
and presumption OF knoredge Of their sentiments
wardt their representatives departure IT, prior
such act But it is easy that it would require
uncommon portion of fortiude in the judges
duty faithful guardanso of the Constitution lgs-
lathe fnoaons Of ii had been shgaed6y the major Of
the community.
"But is not with view to attractions of the coas
tuition independenoe of the ;rdges
essential safeguard against the effects of occasional ~ ku
IN The society These sometimes extend no further
than to the injury the private rights particular classes
of citizens by unjust and partial laws Here also the
rmness of the judicial magtracy is of vast Importance
in mitigating the severity and combining the operation of
such laws. 1t not only moderate the immediate
mischies of those which may have been passed but it
operates check upon the legislative body passing
them who, percevng that obstacles the success of
Ubiquitous intention to be expected from the
pies Of the courts in compelled by the very
motives of the injustice they mediate to qualify their
attempts This is circumstance calculated to have
more influence upon the character Of Governments
than but few may imagine. The benefits Of the integrity
Ind moderation Of the Judiciary have already felt in
more States than one; and though they may have dis
pleased those whose sinister expectations they may
disappointed they must have commanded the
applause of all the rtuous and disnterested Considerable
men, of every description, ought to prize whatever viii
END to beget fortfy that temper in the courts
nan be sure that he may not be the victim
If spirit of injustice by which he may be gamer
lay. And every must now feel that the inevitable
endency Of such spirit is to sap the foundations pub
ic and private confidence and introduce in its stead
universal dstrust and distress
That inAexibe and uniform adherence to the rights
If the Constitution and Of individuals which perceive
be ndspensaben the courts justice certainly
expected from judges who hold their Offices by tenn
,orary commission Periodical appointments howeverre
yulated, by whomsoever made, would in way
,ther, be fatal their necessary independence If power
If making them committed either the Executive
legislature, there would be danger Of improper
,laisance to the branch which possessed it If to BOTH
here would be unwngness hazard the dispeasure
If ether if to the people, to persons chosen by them
or the special purpose, there voud be TOO great dpos
ron 10 consult popularity TO justify reliance that nothing
rould be consulted buthe Constitution and the taws."
Upon the whole, there be room to doubt that
he Convention acted wisely in copying from the models
those constitutions which have established good bhd
the tenure of judicial Offices, in point of duration;
md that far from being blameable on this account
heir plan ,couid hare been inercnsabiy defective had