Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
But, Sir, there are most powerful reasons for believing that public
opinion upon this subject is correct. What would be the natural
consequences of detaching the judges of the Supreme Court from circuit
duties? It would bring them and their families from the circuits in
which they now reside; and this city would become their permanent
residence. They would naturally come here; because here, and nowhere
else, would they then have official business to transact. What would be
the probable effect of such a change of residence? The tendency of
everything within the ten miles square is towards the Executive of the
Union. He is here the centre of attraction. No matter what political
revolutions may take place, no matter who may be up or who may be down,
the proposition is equally true. Human nature is not changed under a
Republican Government. We find that citizens of a republic are
worshippers of power, as well as the subjects of a monarchy. Would you
think it wise to bring the justices of the Supreme Court from their
residence in the States, where they breathe the pure air of the country,
and assemble them here within the very vortex of Executive influence?
Instead of being independent judges, scattered over the surface of the
Union, their feelings identified with the States of which they are
citizens, is there no danger that, in the lapse of time, you would
convert them into minions of the Executive? I am far, very far, from
supposing that any man, who either is or who will be a justice of the
Supreme Court, could be actually corrupted; but if you place them in a
situation where they or their relatives would naturally become
candidates for Executive patronage, you place them, in some degree,
under the control of Executive influence. If there should now exist any
just cause for the complaints against the Supreme Court, that in their
decisions they are partial to Federal rather than to State authority
(and I do not say that there is), that which at present may be but an
imaginary fear might soon become a substantial reality. I would place
them beyond the reach of temptation. I would suffer them to remain, as
they are at present, citizens of their respective States, visiting this
city annually to discharge their high duties, as members of the Supreme
Court. This single view of the subject, if there were no other, ought,
in my judgment, to be conclusive.
Public-domain text, read in full here on John Shaqi.
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