consideration, but on
account of those between whom he is to decide. You calculate on the
weaknesses of human nature, and you suffer the judge to be dependent
on no one, lest he should be partial to those on whom he depends.
Justice does not exist where partiality prevails. A dependent judge
cannot be impartial. Independence is, therefore, essential to the
purity of your judicial tribunals.

Let it be remembered, that no power is so sensibly felt by society,
as that of the judiciary. The life and property of every man is
liable to be in the hands of the judges. Is it not our great
interest to place our judges upon such high ground that no fear can
intimidate, no hope seduce them? The present measure humbles them
in the dust, it prostrates them at the feet of faction, it renders
them the tools of every dominant party. It is this effect which I
deprecate, it is this consequence which I deeply deplore. What does
reason, what does argument avail, when party spirit presides?
Subject your bench to the influence of this spirit, and justice bids
a final adieu to your tribunals. We are asked, sir, if the judges
are to be independent of the people? The question presents a false
and delusive view. We are all the people. We are, and as long as
we enjoy our freedom, we shall be divided into parties. The true
question is, shall the judiciary be permanent, or fluctuate with the
tide of public opinion? I beg, I implore gentlemen to consider the
magnitude and value of the principle which they are about to
annihilate. If your judges are independent of political changes,
they may have their preferences, but they will not enter into the
spirit of party. But let their existence depend upon the support of
the power of a certain set of men, and they cannot be impartial.
Justice will be trodden under foot. Your courts will lose all
public confidence and respect.

The judges will be supported by their partisans, who, in their turn,
will expect impunity for the wrongs and violence they commit. The
spirit of party will be inflamed to madness: and the moment is not
far off, when this fair country is to be desolated by a civil war.

Do not say that you render the judges dependent only on the people
You make them dependent on your President. This is his measure.
The same tide of public opinion which changes a President will
change the majorities in the branches of the legislature The
legislature will be the instrument of his