Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/230

220 By using English Avords, and subverting English principles, we have made a judicial power independent of the sovereignty, and almost entirely dependent on executive will. The jury branch is unequivocally so; and the upper branch is rendered more so than in England, by its independence of the sovereignty, and capacity to receive executive patronage. And if executive influence in England over judicial power, sheds the blood of patriots, it is improbable that in America it will turn its fury against traitors to patriotism.

In shewing that by some strange fatality, the constitution of the United States had abandoned the precedent it intended to copy, and violated the principle it intended to establish, namely, "that judicial power ought to be independent of and unbiassed by executive power," no use has been made of the remedy by impeachment, because it is nearly equivalent in both countries, but somewhat worse in the United States. Neither the Senate nor the House of Lords constitutes the sovereignty: one represents a factitious being, called states, the other is itself a factitious being, called a privileged order. The Senate of the United States is a branch of executive power, which is not the case with the House of Lords. It is a party in the appointment of the judges, it has the exclusive privilege of trying, which is not the ease with the House of Lords. .Judicial responsibility to the House of Lords was not a sufficient security for the national interest, because it was only a portion of the sovereignty; and therefore a responsibility to tiie entire sovereignty is provided. The objections apply with five-fold force to the Senate of the United States. 1st. The whole body is an executive order, participating in all important executive functions. 2dly. The whole body is an order as representing the factitious portion of the sovereignty of the United States, called states, which from its nature can only act by representation. and not in person, like the factitious portion of the English sovereignty, called nobility. 3dly. One section of the Senate is composed of an order or separate interest, representing large states- 4thly, The other section, of