4163. JUDGES, Impeachment of.—
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 A. Coray. Washington ed. vii, 321.
(M.
1823)