3858. IMPEACHMENT, The judiciary and.—[further continued].
Our different States have
differently modified their several judiciaries
as to the tenure of office. Some appoint
their judges for a given term of
time; some continue them during good
behavior, and that to be determined on
by the concurring vote of two-thirds of
each legislative house. In England they are
removable by a majority only of each house.
The last is a practicable remedy; the second
is not. The combination of the friends and
associates of the accused, the action of personal
and party passions, and the sympathies
of the human heart, will forever find means
of influencing one-third of either the one or
the other house, will thus secure their impunity,
and establish them in fact for life.
The first remedy is the better, that of appointing
for a term of years only, with a capacity of reappointment if their conduct has been
approved.—
To M. Coray. Washington ed. vii, 321.
(M.
1823)
