as Charles designed to appoint corporation judges. His
mode for assailing liberty, is ours for defending it. As a
monarch, he wished to destroy the republican corporation
mode of appointments; as a republick, we adopt the mode,
which Charles conceived to be monarchical.
A million of souls in London, and possibly nearly half that number in our
towns, consider their elective judges as the best guardians
of liberty and property; and the dismay of corporations, if
deprived of this chartered right, would be equal to that of
the friends to monarchy, if national judges were made elective and responsible. A furious zeal will often exist in the
same state and in the same person for elective, or periodical, or responsible state or corporation judges, and for executive, permanent and insubordinate federal judges. The case occurs among the states of elective and periodical chancery judges; the habit and prejudice of England and of such
states, are both portrayed in this imitation; property is as
deeply affected by chancery judges as by law judges; and
their power is uncontrolled by juries.
prejudices, and not to reason, a few of the states have surrendered our foundation principle of responsibility, in constituting state judicial power, and all of them in the case of federal judicial power. Reason is an umpire between contradictions, but she cannot reconcile them.
Names cannot change man's nature, and cure him of his passions and vices; if they could, this discovery would have superseded the necessity of all our inventions for curbing the passions and vices of publick officers, by calling them judges. An experiment somewhat like this was tried by the Jews, but they gave it up for monarchy.
It is objected, that a responsible judge may be intimidated or seduced by a faction. Why is not the same objection advanced against a responsible legislature or executive? Because the confidence begotten by responsibility, protects these characters. To such habits and Impeachment, it is said, will restrain the judge; will it also protect him, and purchase national confidence? A faction must rule the government, before it
