THE CHANCELLOR'S CASE.—1 BLAND. 581

thought upon those subjects, it gives us to understand, that be the
extent and nature of the judicial power what it may, it is of vital
importance to have suitable agents to execute it. This Article
contemplates the moral and intellectual qualities of the man who
is the public agent. "The independency and uprightness of
Judges;" that is, the firmness, the honesty, the skill, and the
resolution witli which the men appointed to fill judicial stations,
will resist all threats, temptations, and undue influence. It is
these personal and moral qualities which " are essential to the
impartial administration of justice, and a great security to the
rights and liberties of the people." To sustain these qualities, and
to prevent a deviation from these moral principles, is the sole
object of this Article; and is that which gives to it its peculiar
features and character.

After having thus distinctly indicated the human excellencies
which are required for judicial stations, this Article then proceeds
to prescribe the mode in which those excellencies shall be sus-
tained. It directs the manner in which deviations from them may-
be corrected and punished; and then concludes by removing from
about the judicial office one class of the temptations by which it
had been previously beset. That is, the Judge is to be supported
in the firm, independent, and impartial discharge of his official
duty, by being commissioned during good behavior; aud also by
having his salary secured to him during the continuance of that
commission; he is to be punished for misbehavior by removal; and
he is not, as formerly, to be exposed to the temptation to go astray
by being allowed to receive fees or perquisites of any kind, (i)

(i) It is said, that during the rude ages of all nations those intrusted with
the administration of justice were compensated for their trouble by fees and
perquisites paid by the suitors, (Smith's Wea. Nat. b. 5, c. 1, pt. 2.) This
mode of remunerating the Judges for their services still continues to a great
extent in England, although they have for a long time past had certain sala-
ries allowed them by Act of Parliament.

But all exactions or fees paid by the suitor, in whatever form they may be
imposed, are, in truth, taxes; and taxes of the most unequal and unjust
kind. Dr. Franklin in his examination before the House of Commons in
1766, in answer to the question, Is the American stamp Act an equal tax on
the country? said, he thought not, because the greatest part of the money
must arise from lawsuits for the recovery of debts, and be paid by the lower
sort of people, who were too poor easily to pay their debts. It is therefore
a heavy tax on the poor and a tax upon them for being poor. And further,
that such a tax would not be a means of lessening the number of law suits;
because as the costs all fall upon the debtor, and are to be paid by him, they
would be no discouragement to the creditor to bring his action, (4 Frank.
Wor. 128; Smith's Wea. Nat. b. 5. e. 2, app. to art. 1 & 2.)

The Congress of 1774 in their address to the King, among other things,
complain, that the Judges of Admiralty and Vice-Admiralty were em-
powered to receive their salaries and fees from the effects condemned by
themselves, (Jour. Cong. 26th October, 1774.) The ground of this complaint