THE CHANCELLOR'S CASE. 619

no law to attaint particular persons of treason or felony ought to be
made in any case, or at any time hereafter; that excessive bail
ought not to be required, nor excessive fines imposed, nor cruel or
unusual punishments inflicted by the courts of law." These
restrictions relate to the executive, legislative, and judicial powers
respectively; they refer to masses of power, or modes of authority;
and declare, that they shall be restricted to a certain extent, and
confined within certain boundaries.

This thirtieth article does not speak of the quantity, quality, or
extent of judicial, or any other sort of power; laying aside every
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 with
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 adminis-
tration 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 behaviour; and also by
having his salary secured to him during the continuance of that
commission; he is to be punished for misbehaviour by removal;
and he is not, as formerly, to be exposed to the temptation to go

is to this claim of settling the fees by proclamation, that the first legislative enact-
ment of the republic upon the subject of fees alludes by declaring, that officers* fees
can be rated, regulated and established by act of Assembly only.—(October 1777,
ch.. 10; Biog. Sign. D. Inde. Life of Caroll.)