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
the resolution. Admitting this to be true, the best and the only regular
way to become acquainted with the history of the case, is to carry the
resolution into effect--to have a committee appointed with such power as
would enable them to procure such information as that gentleman and every
other member could depend on. The gentleman’s objection, in fact, is one
of the strongest arguments in favor of the resolution. The gentleman
from South Carolina has, however, offered one other objection to the
resolution, which merits some notice. He has said that if a committee is
appointed for the object proposed by the resolution, men of character and
talents will not accept of appointments in the Judiciary. The solidity
of this objection will be best examined by the test of observation and
experience. It has been already mentioned that several States have
appointed their supreme judges for short periods, and that others have
vested the Legislature with the power of removing judges from office
without impeachment, merely on their own opinion. Can the gentleman
from South Carolina say--can any member on this floor, where all the
States are represented, say--that these States are deficient in judges
of respectability and talents? They cannot say so--there is no such
complaint. The Judiciary of New Jersey, where the judges are chosen but
for seven years, is as respectable, and the application of her laws as
well brought home to the security and happiness of her citizens as they
are in the States where judges are appointed for life. The same may be
asserted with confidence of the State of Pennsylvania before the revision
of her constitution, as they are since. There is this difference,
however: where they have been appointed for limited periods there have
been no impeachments or removals, and generally, if not always, the
judges were reappointed, and justice was well administered; but since
they have been appointed for good behavior, there have, at least in
Pennsylvania, been both, and more complaints of inattention, expense, and
delays, in the administration of justice than had been formerly. Many
of the judges, however, are very respectable, and enjoy a high degree
of confidence, but not more confidence than they did before the change
of the constitution. There has been no attempt to remove or impeach the
judges of the Supreme Court of that State.
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