Consider, for a moment, sir, how palpable this
is. Because we now travel across the Atlantic
in less than ten days, instead of occupying forty;
is it, therefore, less violation of the moral law
to seize our neighbor's property or abuse his per-
son? These immutable laws are modified and
applied to varying circumstances as they arise,
and Infinite Wisdom has made them capable of
adaptation to every condition that can occur-
But they are the same moral truths by which all
human action must be controlled, the same now
as they were in 1776, and ever must be. The
great truth which the Bill of Rights declares, is
in these terms: - "The independency and up-
rightness of judges are essential to the impartial
administration of justice, and a great security to
the rights and liberties of the people." Mark
this strong word, sir-"essential." This was true
in the time of William III; equally true 1st
George III; true in 1776; is true now; and ever
will be true, just so long as justice is adminis-
tered; just so long as lust and pride, avarice and
ambition, and other evil propensities, afflict hu-
man beings and require restraint.
Now, sire, the next clause in this sentence has
a volume of instruction. It shows, beyond all
cavil, what these framers of our Constitution
understood by this essential-"independence."
Let me read:-"Wherefore the Chancellor and
Judges ought to hold commissions during good
behaviour." There is no mistaking this. Judges
must be independent-that is assumed as the pre-
mises; wherefore they must have a tenure during
good behaviour-this is the direct, the necessary
conclusion; and never was one more just. The
Article, in the Constitution of the United States,
received the vote of every member of the body
that framed it; nor is there, in the history of the
Convention of 1776, as far as I have been able to
trace it, the least reason to believe it was adopted
in Maryland with less unanimity.
Now, Mr. President, I wish to show that some,
indeed all of our ablest jurists, have concurred in
the opinion, that the peculiarities of our repub-
lican institutions are precisely those, which
most emphatically require a perserving adhe-
rence to this old and venerated truth. (Mr. C.
here read extracts to show the opinions of Pro-
fessor Wilson, in his lectures-Chancellor Kent,
in his commentaries-Mr. Rawle, in his trea-
tise on the Constitution-Judge Tucker-Judge
Hopkinson, and Judge Story.) Indeed, sir, (said
Mr. C.,) until lately, since a spirit of change has
become so rife in our midst, there was no name
high on the roll of fame, so far as I am informed
-there was no one who doubted on this subject
except Mr. Jefferson, and he was an exception,
only in his later days. His notes on Virginia
speak a different language, and more in harmony
with his contemparies and associates. I do
not mean to assert that the reasons for his change
of opinion were of a personal character; but I
may be permitted in this connexion to relate and
incident, as I received it from the lips of Presi-
dent John Quincy Adams. Every man knows
the permanent influence upon his current of
thought produced by a particular fact, made es- |
pecially impressive by accompanying circum-
stances; like the traveller in the Knickerbocker,
who, passing through New Jersey, was annoyed
at some stopping-point, by a drunken democrate
and a vicious dog; and who for ever thereafter
held both dogs and democrats in utter abhor-
rence. Mr. Adams did not assert that the inci-
dent was the cause of Mr. Jefferson's change of
opinion, nor do I. Every one may draw what
inference he thinks justified by the facts, which
are these:-When Judge Chase's impeachment
was first determined upon, it was the intention
of Mr. Jefferson to have him convicted; and, if
this beginning was well received, to follow it
up by impeaching others on the bench. It so
happened, that during that session of Congress,
Mr. Randolph had acquired more popularity and
power in the House of Representatives, than any
man before or since. Many instances to prove
this could be given. Mr. Randolph had an ambi-
tion to fill the chair of Chief Magistrate, and to
strenghten his pretensions, it was important to
show that his influence and power were felt in
the Senate as well as in the House. He accord-
ingly had himself put in the very conspicuous
position of chairman and manager of the com-
mittee of impeachment. Mr. Jefferson had very
different views about the succession. He had
determined that Mr. Madison must be the man;
but began to perceive the danger which might
arise from the brilliant and successful career of
Mr. Randolph. From that time, said Mr.
Adams, Judge Chase's acquittal was resolved
upon-Mr. Randolph's discomfiture and Mr.
Madison's success followed; and Mr. Randolph
never to the day of his death forgave Mr. Jeffer-
son, whose whole plan he perfectly understood.
"And," said Mr. Adams, "if you will examine
the votes, you will find amongst those for acquit-
tal some of the warmest personal, as well as po-
litical friends of Mr. Jefferson; for instance,
Giles of Virginia, Jackson of Georgia, and oth-
ers." It was certainly late in life, when Mr.
Jefferson changed his opinions. Mr. Justice Story,
who was one of his warm friends and admi-
rers, whom Mr. Jefferson appointed to office—
one of the most useful acts of his life, by the
way—in speaking of the hostility of Mr. Jeffer-
son to the judicial department, stated that he
wrote on the subject "apparently with the feel-
ings of a partizan, and under influences, which
his best friends will most regret." With this
one exception, we have the uniform sentiment
of a host of wise, experienced and honest men
and patriots, testifying to the truth of the ancient
creed; and assenting to the further truth, that of
all conditions of human society, that of a free
republican government like ours, is especially
that condition in which it operates with the best
effect, and where it is in the highest sense essen-
tial. Our institutions require that the judicial
arm should be strong enough to resist the on-
slaught of factious and turbulent associations, or
any pressure from popular movements, as well
as the machinations of intriguing politicians and
demagogues, and to control, within constitution- |
