Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Gentlemen object to the resolution because of the indelicacy of
implicating the character of a judge. They seem to believe the character
of a judge to be sacred and immaculate. But are not judges men? Are they
not men subject to like passions and like feelings as other men? Judges
and other official characters voluntarily surrender a part of the rights
they enjoyed in common with other citizens, in return for the honors and
emoluments of office; others have a right to the privilege of trial by
jury, in the decision of all charges against them; but public officers,
by accepting of office, subject themselves under this Government, to
trial by impeachment. Subjecting judges to impeachment, indicates,
unequivocally, a constitutional opinion that judges would be even more
liable to transgress than other citizens, and might transgress in a more
aggravated manner than mere citizens. This mode of trial, however, in
this country, is become almost a harmless thing; it is deprived of more
than half its terrors. It does not reach life or property, but only the
official character.
Mr. F. said he was a friend to the independence of judges, but that
all independence in all Governments had its limits and restraints. It
was not provided for the aggrandizement of the judges, but for the
protection of the citizens. So far as it is applicable to this purpose,
it is necessary, but any further, it is injurious and subjected to
restraint. Under no Government with which we are acquainted are the
judges rendered so independent as that of the United States. In Britain,
from which we have derived the mode of our judiciary, the judges were
appointed during pleasure; till, little more than a century ago,
they were rendered independent by the Revolution Parliament for the
security of the people against the encroachments of the Monarch, and
the overbearing influence of a very powerful nobility; and for this
purpose it was not only salutary, but absolutely necessary. But even with
that boasted independence, that Judiciary is subjected to restraints
and modes of correction not provided in the Federal Constitution. The
judges are liable to be removed from office by the vote of both Houses
of Parliament, without trial. They are liable to be removed, or their
standing changed by act of Parliament. That Parliament, on whose act
their independence depends, can repeal the act; the two Houses of
Parliament can make and unmake their Kings. They are also liable, by an
act of attainder, not only to lose their office, but their estate, the
honor of their families, and even their lives.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account