4178. JUDICIARY (Federal), Centralization and.—
We already see the power, installed
for life, responsible to no authority
(for impeachment is not even a scare-crow),
advancing with a noiseless and steady pace to
the great object of consolidation. The foundations
are already deeply laid by their decisions,
for the annihilation of constitutional
State rights, and the removal of every check,
every counterpoise to the ingulphing power of
which themselves are to make a sovereign
part. * * * Let the future appointments
of judges be for four or six years, and removable
by the President and Senate. This
will bring their conduct, at regular periods,
under revision and probation, and may keep
them in equipoise between the general and
special governments. We have erred in this
point, by copying England, where certainly it
is a good thing to have the judges independent
of the King. But we have omitted to
copy their caution also, which makes a judge
removable on the address of both legislative
houses. That there should be public functionaries
independent of the nation, whatever
may be their demarit, is a solecism in a republic,
of the first order of absurdity and
inconsistency.—
To Wm. T. Barry. Washington ed. vii, 256.
(M.
1822)
See Centralization.
