u have a right to abolish by a
law the offices of the judges of the circuit courts; they have a
right to declare the law void. It unavoidably follows, in the
exercise of these rights, either that you destroy their rights, or
that they destroy yours. This doctrine is not a harmless absurdity,
it is a most dangerous heresy. It is a doctrine which cannot be
practiced without producing not discord only, but bloodshed. If you
pass the bill upon your table, the judges have a constitutional
right to declare it void. I hope they will have courage to exercise
that right; and if, sir, I am called upon to take my side, standing
acquitted in ray conscience, and before my God, of all motives but
the support of the constitution of my country, I shall not tremble
at the consequences.

The constitution may have its enemies, but I know that it has also
its friends. I beg gentlemen to pause, before they take this rash
step. There are many, very many, who believe, if you strike this
blow, you inflict a mortal wound on the constitution. There are many
now willing to spill their blood to defend that constitution. Are
gentlemen disposed to risk the consequences? Sir, I mean no threats,
I have no expectation of appalling the stout hearts of my
adversaries; but if gentlemen are regardless of themselves, let them
consider their wives and children, their neighbors and their
friends. Will they risk civil dissension, will they hazard the
welfare, will they jeopardize the peace of the country, to save a
paltry sum of money, less than thirty thousand dollars?

Mr. Chairman, I am confident that the friends of this measure are
not apprised of the nature of its operation, nor sensible of the
mischievous consequences which are likely to attend it. Sir, the
morals of your people, the peace of the country, the stability of
the government, rest upon the maintenance of the independence of the
judiciary. It is not of half the importance in England, that the
judges should be independent of the crown, as it is with us that
they should be independent of the legislature. Am I asked, would
you render the judges superior to the legislature? I answer, no,
but co-ordinate. Would you render them independent of the
legislature? I answer, yes, independent of every power on earth,
while they behave themselves well. The essential interests, the
permanent welfare of society, require this independence; not, sir,
on account of the judge; that is a small