The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
You know, gentlemen, that our State and national institutions
were framed to secure to every member of the society, equal
liberty and equal rights; but the late alteration of the
federal judiciary by the abolition of the office of the sixteen
circuit judges, and the recent change in our State
constitution, by the establishment of universal suffrage, and
the further alteration that is contemplated in our State
judiciary (if adopted) will, in my judgment, take away all
security for property and personal liberty. The independence
of the national judiciary is already shaken to its foundation,
and the virtue of the people alone can restore it. The
independence of the judges of this State will be entirely
destroyed if the bill for the abolition of the two supreme
courts should be ratified by the next general assembly. The
change of the State constitution, by allowing universal
suffrage, will, in my opinion, certainly and rapidly destroy
all protection to property, and all security to personal
liberty; and our republican constitution will sink into a
mobocracy, the worst of all possible governments. I can only
lament that the main pillar of our State constitution has
already been thrown down by the establishment of universal
suffrage. By this shock alone the whole building totters to
its base and will crumble into ruins before many years elapse,
unless it be restored to its original state.
All this was less indefensible under the judicial practice of a
century ago than it would be now, and there were not enough votes
of Guilty on the article of impeachment founded upon it to secure
a conviction.
In the same year, Judge Alexander Addison of the Circuit Court of
Pennsylvania was charging a Pennsylvania grand jury that the
Jeffersonians had assumed a name that did not belong to them.
"Such men," he said, "disgrace the name of Republicans by
exclusively assuming it. In their sheep's clothing they are
ravening wolves."[Footnote: Wharton's State Trials, 47, note.]
For this, among other things, he was very properly impeached and
removed in 1803, after the Republicans came into power in that
State.[Footnote: McMaster, "History of the People of the United
States," III, 154.]
Public-domain text, read in full here on John Shaqi.
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