Page:Debates in the Several State Conventions, v4.djvu/463

1802.] of the Convention on this subject—that it was to establish a judiciary completely independent of the executive and legislature, and lo have judges removable only by impeachment. This was not only the intention of the General Convention, but of the state conventions when they adopted this Constitution. Nay, sir, had they not considered the judicial power to be coördinate with the other two great departments of government, they never would have adopted the Constitution. I feel myself justified in making this declaration by the debates in the different state conventions. From those of the Virginia Convention I will read some extracts, to show what were there the opinions of the speakers of both political parties.

General Marshall, the present chief justice, says, "Can the government of the United States go beyond those delegated powers? If they were to make a law not warranted by any of the powers enumerated, it would be considered as an infringement of the Constitution, which they are to guard: they would not consider such a law as coming under their jurisdiction; they would declare it void." Mr. Grayson, who opposed the Constitution, we find saying, "The judges will not be independent, because their salaries may be augmented. This is left open. What if you give £600 or £1000 annually to a judge? 'Tis but a trifling object, when, by that little money, you purchase the most invaluable blessing that any country can enjoy. The judges are to defend the Constitution." Mr. Madison, in answer, says, "I wished to insert a restraint on the augmentation as well as diminution of the compensation of the judges; but I was overruled. The business of the courts must increase. If there was no power to increase their pay, according to the increase of business, during the life of the judges, it might happen that there would be such an accumulation of business as would reduce the pay to a most trivial consideration." Here we find Mr. Madison not using the words good behavior, but saying, (what we say was meant by good behavior,) during the life of the judges. The opinions of Mr. Madison I deem conclusive as to the meaning of the words good behavior. Let us now see what was the opinion on this subject of the first Congress under the Constitution, when the first judiciary bill was debated. Mr. Stone says, "The establishment of the courts is immutable." Mr. Madison says, "The judges are to be removed only on impeachment and conviction before Congress." Mr. Gerry, who had been a member of the General Convention, expresses himself in this strong and unequivocal manner: "The judges will be independent, and no power can remove them: they will be beyond the reach of the other powers of the government; they will be unassailable, and cannot be affected but by the united voice of America, and that only by a change of government." Here it is evident Mr. Gerry supposed a project like the present could only be effected by the people, through the medium of a convention; he did not suppose it possible for Congress ever to grasp at this power. The same opinions were held by Mr. Lawrence and Mr. Smith.

As early as the year 1789, among the first acts of the government, the legislature explicitly recognized the right of a state court to declare a treaty, a statute, and an authority exercised under the United States, void, subject to the revision of the Supreme Court of the United States; and it has expressly given the final power to the Supreme Court to affirm a judgment which is against the validity either of a treaty, statute, or an authority of the government.