Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/217

Rh bility, by creating an allegiance of law to judgement, in place of an allegiance of judgement to law.

But judicial power, being in its nature didactick and imbecile, is incapable of constituting a sovereign; and is uniformly induced by a consciousness of this incapacity, to ally itself with some other power. The executive, which appoints, promotes, and patronises judicial power; which wields the sword, and keeps the key of the treasury, is unexceptionably that ally. The necessity for this alliance is demonstrated in the consideration, that legislative power must be in collision with judicial, because its territories only can be invaded by construction. An alliance is not formed with a natural enemy. In alliances, the weak party, submits to the strong one; whatever share of power an insubordinate judiciary may acquire, will therefore become subservient to executive designs.

Judicial power has universally been considered as belonging to municipal, and not to political law. Its functions relate to individuals, and not to nations. In the principles of governments, it is not assigned a place. Mr. Adams compounds his political system of the principles of monarchy, aristocracy and democracy; and perfects, as he imagines, his checks and balances, without making the least use of judicial power. And that this idea is correct, its subordination to law, and its being invariably the instrument of political power, held by a nation, a government, a faction, or an individual, are strong illustrations. In revolutions it follows, but never leads.

It is questionable, therefore, whether it was the intention of the general, or any state government, to erect judicial power into a political department, by inferences to be ingeniously drawn from the ideas of its independence, and the dependence of legislatures upon constitutions. The lines of a power to mould laws and constitutions without responsibility, into the endless forms within the reach of construction, would have been distinctly expressed, and not left to be traced from a single word of hieroglyphical obscurity.