Disunited from the sovereign power, by the appointment
and patronage of one of its creatures, it will reap the distrust and contempt of the nation, who will never transfer to judicial power, thus degraded or corrupted, any portion of their confidence, from a legislature, elective and responsible; just as the Lords and Commons of England suspected
and despised the judges, so long as they were under the influence of the king.
Dependence upon the sovereign power, is the only species of independence, of which judicial power is capable. If it is deprived of this species of independence, it invariably becomes a dependant or instrument of some other power. Deprived, under our policy, of a dependence on the nation, judicial power has no other alternative, but to become a dependant of legislative or executive power. It is too weak to set Mii for itself. In the states, it has been subjected to legislative power; under the general constitution, to executive; and if ever a president should attempt to acquire monarchical authority, judicial power must therefore second bis designs.
The independence and strength of power, in every section of our policy, is in proportion to their dependence on the people. This term, being applied indiscriminately, to legislative, executive and judicial power, does not admit of a contradictory construction in relation to either, so as to have the double effect, of admitting the dependence of two departments or two objects of the same word, on the sovereignty, and denying it as to the third.
Out of the principles of division and responsibility to the nation, has arisen the idea of one political agent being independent of another. Dependence of one agent on another would be an accumulation, not a division of power, and power is not made, responsible, by its accumulation. Independence of the nation, is at least equally inconsistent with the principles of division and responsibility. It is the same craft which once defended judicial dependence on a King which now defends judicial independence of the nation.
