viour; but its insufficiency, suggested an exchange of a
complete dependency upon the will of the king, for a complete dependency upon the will of the sovereignty.
The reason is obvious. The functionaries in every considerable branch of government, may innocently injure a nation. Erroneous opinion is not less injurious because it is honest. Impeachment is a remedy for crime; the will of the sovereignty, for errour. The English sovereignty has a resource both against crime and errour; the sovereignty of the United States is content with a bad remedy against crime, and no remedy against errour.
A defect of talents disclosed by trial; imbecility of mind or body produced by age or malady; a construction of the constitution favourable to a gradual revolution; might each produce great evils: but impeachment could not re- move them. If an indefinite adoption of the common law of England should contain a magazine of tools, for working gradually towards the English policy, impeachment is insufficient to countermine the work. For although the judges should deem it criminal in private citizens, to express honest apprehensions of a tendency towards monarchy; yet the injustice and impolicy of considering honest judicial opinion as criminal, although infected by that tendency, might still be demonstrated.
Opinion, which makes, disallows or construes law, in pronouncing judgements, may be excessively injurious to nations and individuals, and perfectly innocent; or it may conceal criminal designs under an appearance of innocence, beyond the possibility of detection and punishment.
Is a national subjection to opinions, innocent but mischievous, or criminal but apparently honest, consistent with national sovereignty or self government? If so, self government must hereafter be defined "a submission to fradulent or erroneous opinions." A subjection to one of these classes, is a subjection to both, because there is no lest for separating them.
