Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/213

Rh may corrupt them by additional offices; and the sovereignty cannot displace them.

Several political caricatures arise out of these facts. Responsibility is an essential principle of representative government ; the English monarchy enforces it on judicial power, and the representative policy of the United States dispenses with it.

Division of power is a republican, and not a monarchical principle. The English policy divides and diminishes the power of the king to appoint judges, by investing the parliament with a right to remove them; our constitution magnifies the power of appointment, by withholding any correspondent mode of removal.

Self government, by responsible representation, is the essence of our policy; the sovereignty of orders in England, preserves its self government, by the responsibility of its judicial organ; our national sovereignty renounces self government by renouncing a similar responsibility. It renounces sovereignty itself, which cannot exist in association with a superior or an equal. Ancient hierarchy and aristocracy, never claimed the privilege of independence of the sovereignty, except under the sanction of a commerce with Heaven, and a descent from the Gods. Are the integrity and wisdom of judges also of divine right, and entitled to exaltation above nations? Or, are they subject to frailly, and liable to prejudice and errour? Political offences have, I believe, been generally decided conformably to the political complexion of the bench.

The people were supposed to be the only source for altering the constitution, according to our policy; but it is exposed to a power of construction, not responsible to the people.

Legislative, executive and judicial powers shall he separate and distinct; yet the judges can abolish or make law by precedent.

The president has a negative; it shall how ever be controlled by two thirds of congress; but the negative of the