Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/223

Rh chieal principles, because a Judicial dependency upon the English sovereignty, prevents the introduction of republican?

Judicial power has never appeared in any political system, completely independent of the sovereign power, except under the constitution of the United States. Sometimes it is dependent on a monarch, at others, on a government or on the people; in England, it is controllable without delay or trial by the sovereign will. In our state governments its tenure is various; but these varieties unite in the common end, of some species of responsibility to the sovereign. In Connecticut, judges have been elected by the legislature for very short periods during two centuries, and their integrity or responsibility has never produced mischief. And a spacious field of comparison has appeared between judges appointed by a single will, and those chosen by popular bodies. The latter are not thrown into the back ground, in point of talents, integrity or republicanism. A single will, is more likely to be seduced by dogma or ambition, and to overlook virtue in search of engines to advance selfish designs, than the people or their representatives. If this is not true, why do we erect republican governments? if it is true, why is it not applicable to judicial appointments?

Where is the difference in the application of republican principles, between legislative and judicial power?

If the office and powers of a judge are important, so aim those of a legislator. If one may injure the publick, by crime, incapacity or errour, so may the other. If tine and trial may disclose defects in a legislator, so may they in a judge. If there is a hardship in dismissing one without trial; the same hardship reaches the other. If the tenure of good behaviour, or a right to persevere for life in conscientious errour, would destroy the responsibility of a legislator, it will destroy that of a judge. And if legislative integrity and virtue are only to be obtained by election and responsibility, judicial integrity and virtue can never be