"'Tis Sixty Years Since": Address of Charles Francis Adams; Founders' Day, January 16, 1913Adams, Charles Francis
Philosophy
"'Tis Sixty Years Since": Address of Charles Francis Adams; Founders' Day, January 16, 1913
Adams, Charles Francis
Philosophy, Modern
Such being the case, so far as our Judiciary is concerned, I do not
hesitate to say I would adhere to older, and, as I think, better
principles, or revert to them where they have been experimentally
abandoned. It took the Anglo-Saxon race two centuries of incessant
conflict to wrest from a despotic executive, practically an autocracy,
judicial independence. That was effected through what is known as a
tenure during good behavior, as opposed to a tenure at the will of the
monarch. This, then, for two centuries, was accepted as a fundamental
principle of constitutional government. Of late, a new theory has been
propounded, and by those chafing at all restraint--constitutionally
lawless in disposition--it is said the Recall should also be applied to
the Judiciary. Having, therefore, wrested the independence of the
Judiciary from the hand of the Autocrat, we now propose to place it, in
all trustfulness, in the hands of the Democrat. To me the proposition
does not commend itself. It is founded on no correct principle, for the
irresponsible democratic majority is even more liable to ill-considered
and vacillating action than is the responsible autocrat. In that matter
I would not trust myself; why, then, should I trust the composite
Democrat? In the case of the Judiciary, therefore, I would so far as the
fundamental law is concerned abide by the older and better considered
principles of the framers.
Next, the Executive. Again, we hear the demand of Democracy,--the
Recall! Once more I revert to the record. This Republic has now been in
working operation, and, taken altogether, most successful operation,
for a century and a quarter. During that century and a quarter we have
had, we will say, some five and twenty different chief magistrates.
There is an ancient and somewhat vulgar adage to the effect that the
proof of a certain dietary article is in its eating. Apply that homely
adage to the matter under consideration. What is the lesson taught? It
is simply this,--during a whole century and a quarter of existence there
has not been one single chief executive of the United States to whom the
arbitrary Recall could have been applied with what would now be agreed
upon as a fortunate result. In the Andrew Johnson impeachment case was
it not better that things were as they were? On the other hand, every
one of the seven independent, self-respecting Senators who then by a
display of high moral courage saved the country from serious prejudice
would have been recalled out-of-hand had the Recall now demanded been in
existence. Its working would have received prompt exemplification; as it
was, the recall was effected in time, and after due deliberation. The
delay occasioned no public detriment. In this life, experience is
undeniably worth something; and the experience here referred to is
fairly entitled to consideration. No political system possible to devise
is wholly above criticism,--not open to exceptional contingencies or to
Public-domain text, read in full here on John Shaqi.
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