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the tenure the question which involves the es-
sential element, in the character of the office
that is, the "independence'" of the judge. But
while I admit the propriety of considering the
defects of the existing system, I cannot omit
what must occur to every intelligent mind the
further propriety of inquiring how far the propo-
sed remedy will meet the objection, and remove
the evil? I do not know, however, the history
of all the judges. I do not know that judge Han-
son was a politician; or that judge Chase was a
politician. Every man, it is true, of any charac-
ter and standing, will belong to one political
family, or the other, when the whole country is
divided into two great parties; and if that be a
reason, why he should not be appointed to office,
you will be obliged to select from a class of per-
sons, who are below the ordinary grade of intel-
lect. But let the objection, be applied to politi-
cians in the broadest sense of the term the ques-
tion recurs will there be a greater probability
of excluding such politicians, upon the gentle-
man's plan of proceeding? If not, the objection
proves nothing. It is to propose a dose of medi-
cine, which will certainly add its sickening influ-
ence to the discomfort occasioned by the disease,
and the result of which, after the sickness has
gone off, is either the death of the patient, or at
best, a condition certainly not improved, I con-
fess, I have no taste for such practice.
April 18. Mr. CHAMBERS resumed.
Mr. PRESIDENT My chief effort has been to
show that an independent judiciary is essential
to the well-being of the government meaning
thereby the people of the State, and emphatically
that portion of them for whose benefit and pro-
tection, that branch of the government is de-
signed. I incline to believe from what I have
heard from every quarter since my remarks of
yesterday, that this, as a general proposition will
not be denied. It is true, the gentleman from
Prince George's pronounced it a -British doctrine,
not consonant to the genius of American institu-
tions. From other parts of his remarks, how-
ever, I infer that his denunciation was directed,
not against the principle of Judicial indepen-
dence, but against the "tenure during good be-
haviour. '' Mr. President, it is scarcely a suffi-
cient reason for condemning a principle, to say,
it is of English origin. Where did we obtain our
notions of Civil Liberty, of the Rights of proper-
ty, of person, and of conscience nay, all the
rights we claim? From whom did we derive
our affection for the fundamentals of a Govern-
ment of law, the habeas corpus and the Trial by
Jury? Did not these and other principles, dear
to us all, come from our Anglo-Saxon ancestors;
They are as old as American principles, as the
American branch of the Anglo-Saxon family;
and I trust, they will endure, so long as the race
continues. Yes, Sir, it is an English doctrine
this doctrine of Judicial Independence and by
some of the best and wisest men here, and in
every portion of the civilized world, it has been
regarded as a glory to the nation. Allow me,
Sir, to read from a distinguished author "every
inch an American, " the view he entertains upon
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this subject. Yesterday I gave an instance of
the practice, under the old system, by which the
King made the law and its ministers bend to his
will. Now hear what Judge Story says, has oc-
curred, during the hundred and fifty years since
the abolition of that system. "Since the inde-
pendence of the Judges has been secured by this
permanent duration of office, the administration
of justice has, with a single exception, flowed on
in England, with an uninterrupted, and pure and
unstained current. It is due to the enlightened
tribunals of that nation to declare, that their
learning, integrity and impartiality, hare com-
manded the reverence and respect, as well of
America, as of Europe. " In a note to this strong
commendation, the author gives the names of
several distinguished writers, who fully concur
with him.
Sir, I propose to show further, that this En-
glish doctrine, as the gentleman terms it, has
seen transplanted; has here found a more appro-
priate location, and has flourished with renewed
vigor; and that it is more in harmony with re-
publican institutions, than with any other on the
: "ace of the globe. I yesterday ventured this as-
sertion; and with the advantage of the recess, 1
lave been able to procure some authority to sus-
tain it.
First in order, and first in authority, I will
quote the opinions of the wise and great and
good men, who announced our separation from
the parent country a class of men, whose wis-
dom will not, I fear, be surpassed by that of any
ago we are to witness; whose patriotism, (if I
could, ) I would, with all my heart, hope to see
equalled; and whose sole motive and object was
the good of the whole country. Among the
causes of complaint, upon which they based their
opposition to the British government; and upon
which they urged an eternal separation, stands
prominently this: "the king had made judges de-
pendant on his will alone, for the tenure of their
offices and the amount and payment of their sala-
ries. " Yes, sir, it was, in part, to secure the fix-
ed and settled tenure of the judiciary, that the
war of the Revolution was waged. But they
did not stop at such a declaration in their bill of
rights the Declaration of Independence. They
were as practically wise and thoughtful, as they
were patriotic. They were as sensible of the
necessity of providing a remedy useful, and effi-
cient, as they were sagacious in discovering the
defect. Hence, one of the most conspicuous
elements in the Constitution of the United States
is the perfect Independence of the Judiciary,
(irmly guaranteed by a permanent tenure. In the
third article, means are used to secure this ne-
cessary principle. It contains the genuine En-
glish doctrine, improved, transplanted, and in-
corporated with other cherished principles which
will last while freedom has a home. The lan-
guage is as follows: "The judges, both of the
Supreme and inferior Courts, shall hold their of-
fices during good behavior; and shall, at stated
times, receive for the r services, a compensation
which shall not be diminished during their con-
tinuance in office. " Sir, there is not, in the
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