Imágenes de páginas
PDF
EPUB

stances seek little but the possession of office, and the approbation of those who value, because they can control it. It will be apt to decree, what best suits the opinions of the day; and to forget, that the precepts of the law rest on eternal foundations, and are not to be changed at the arbitrary will of the judges. The rulers. and the citizens will not stand upon an equal ground in litigations. The favorites of the day will overcome by their power, or seduce by their influence. And thus the fundamental maxim of a republic, that it ought to be a Government of laws, and not of men, will be silently disproved, or openly abandoned.

§305. In the next place, all these considerations acquire still more cogency and force, when applied to constitutional questions. These questions may arise, not merely between citizen and citizen, but between State and State, and between the United States and the States. Can it be supposed, for a moment, that men, who hold their offices for two, or four, or even six years, would be generally found firm enough to resist the will of those, who have appointed them, and can so soon displace them? If they are to administer the Constitution, according to its true spirit and principles, to support the weak against the strong, the humble against the powerful, the few against the many; how can they be expected to possess the requisite independence and impartiality, unless they hold their offices by a tenure beyond the reach of the power of the Legislature and Executive ? He is ill read in the history of human experience, who does not foresee, as well as provide for, such exigencies. In republics, the other departments of the government may sometimes, if not frequently, be found combined in hostility against the Judiciary; and even the people, for a while, under the influence of party spirit and turbulent factions, may be ready to abandon the judges to their fate. Few men possess the firmness to resist the torrent of popular opinion, or popular prejudice. Still fewer are content to sacrifice present ease and popular favor, in order to earn the slow rewards of a conscientious discharge of their

nal, as well as from external perils, from the influences of the great, and the corruptions of the selfish and ambitious, we must place around it every guard, which experience has shown will encourage good men in their integrity, and will awe bad men in their intrigues. If the Constitution ever perishes, it will be, when the Judiciary shall have become feeble and inert, and either unwilling or unable to perform the solemn duties imposed upon it by the original structure of the Government. Hitherto, no attempts have been made to alter the Constitution, in respect to the tenure of office. The views of the framers of it have, in all the vicissitudes of party, still been supported by the general approbation of the people. And, if any changes shall hereafter be proposed, which shall diminish the just authority of this, as an independent department, they will only be matters of regret, so far as they may take away any checks to the exercise of arbitrary power by either of the other Departments of the Government.

$306. But the tenure of office during good behavior, would be of little consequence, if Congress possessed an unlimited power over the compensation of the judges. It has been well remarked, that, in the course of human affairs, a power over a man's subsistence is a power over his will. If Congress could diminish at pleasure the salaries of the judges, they could reduce it to a mere pittance, and thus might sink them into an abject dependence. The Constitution has, therefore, wisely provided, that the compensation of the judges shall not be diminished during their continuance in office, and shall be paid at stated times.

§ 307. It is almost unnecessary to add, that, although the Constitution has thus sedulously endeavored, from motives of public good, to place the independence of the Judiciary upon a solid basis; yet, the judges are not beyond the reach of the law. They hold their offices during good behavior only; and for misconduct, they may be removed from office upon impeachment. Thus, personal responsibility is brought home to them; and, like all other public functionaries, they are also bound by an oath to obey the laws, and support the Constitution.

CHAPTER XXXI.

POWERS AND JURISDICTION OF THE JUDICIARY.

§308. The next, the second section of the third article, contains an exposition of the jurisdiction appertaining to the National Judiciary. "The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies, to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State, claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens, or subjects."

§309. In a work like the present, it is impossible to present a full exposition of the reasons for conferring the different portions of this jurisdiction, all having the same general object, the promotion of harmony, good order, and justice at home, and the preservation of peace and commercial intercourse abroad. In a general summary,

it

may be said, that the jurisdiction extends to cases arising under the Constitution, laws, and treaties, of the United States, because the judicial power ought to be coextensive with the legislative and executive powers, in order to ensure uniformity of interpretation and operation of the Constitution, laws, and treaties, and the means of enforcing rights, duties, and remedies, arising under them. It extends to cases affecting ambassadors, public ministers, and consuls, because they are officers of foreign nations, entitled by the law of nations to the protection of our Government; and any misconduct towards them might lead

the offended Government. It extends to cases of admiralty and maritime jurisdiction, because such cases grow out of, and are intimately connected with, foreign commerce and navigation, with offences committed on the ocean, and with the right of making captures, and carrying on the operations of war. It extends to controver

sies, to which the United States are a party, because the Government ought to possess a right to resort to National courts, to decide all controversies and contracts, to which it is a party. It extends to controversies between two or more States, in order to furnish a peaceable and impartial tribunal, to decide cases, where different States claim conflicting rights, in order to prevent gross irritations, and border warfare. It extends to controversies between a State and the citizens of another State; because a State ought not to be the sole judge of its own rights, as against the citizens of other States. It extends to controversies between citizens of different States; because these controversies may embrace questions, upon which the tribunals of neither State could be presumed to be perfectly impartial, from the peculiar public interests involved in them. It extends to controversies between citizens of the same State, claiming lands under grants of different States; because a similar doubt of impartiality may arise. It extends to controversies between a State, or its citizens, and foreign States, citizens, or subjects; because foreign States and citizens have a right to demand an impartial tribunal for the decision of cases, to which they are a party; and want of confidence in the tribunals of one party may be fatal to the public tranquillity, or at least, may create a discouraging sense of injustice. Even this cursory view cannot fail to satisfy reasonable minds of the importance of the powers of the National Judiciary to the tranquillity and sovereignty of the States, and to the preservation of the rights and liberties of the people.

§ 310. But the subject is so important, and has so often become matter of political discussion, and constitutional inquiry, that it deserves to be examined more at large in this place. We shall, therefore, proceed to examine

A

CHAPTER XXXI.

POWERS AND JURISDICTION OF THE JUDICIARY.

§308. The next, the second section of the third article, contains an exposition of the jurisdiction appertaining to the National Judiciary. "The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies, to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State, claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens, or subjects."

§ 309. In a work like the present, it is impossible to present a full exposition of the reasons for conferring the different portions of this jurisdiction, all having the same general object, the promotion of harmony, good order, and justice at home, and the preservation of peace and commercial intercourse abroad. In a general summary, it may be said, that the jurisdiction extends to cases arising under the Constitution, laws, and treaties, of the United States, because the judicial power ought to be coextensive with the legislative and executive powers, in order to ensure uniformity of interpretation and operation of the Constitution, laws, and treaties, and the means of enforcing rights, duties, and remedies, arising under them. extends to cases affecting ambassadors, public ministers, and consuls, because they are officers of foreign nations, entitled by the law of nations to the protection of our Government; and any misconduct towards them might lead

It

« AnteriorContinuar »