A Discourse on the Latest Form of Infidelity

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 edition. Excerpt: ... oe corrupt--and we reach that most'deplorable condition of society, in which the laws become but a weapon, and a most fearful weapon, in the- hands of the wicked, for the purposes of oppression and destruction. The judiciary then is the strong tie of society; and in whatever aspect we view this essential element of government, its importance becomes more and more apparent. The judge must repress wrong, and protect every citizen by administering the laws which the legislature constitutionally enact for that purpose. He must also protect the citizen from any legislative infringement of the rights reserved or guaranteed to him in the fundamental law, which is the basis of the compact; so that, under our form of government, it may become the duty of a judge to interpose his authority "between one citizen and all the rest of the community. It is not easy to conceive of a position requiring more firmness and independence of character. The action of a judge must also often be based on abstruse principles, known or fully apprehended only by the learned. Both these causes have a tendency to place him farther than >ny other officer, from the control of the people. They perceive the impolicy of holding to strict account, one hom they wish to act independently, and the absurdity of attempting to judge of principles, which they do not fully comprehend. They refrain from measuring by their own, the judgments of one whom they have selected for the very reason 'hit he is best able to judge of the questions presented for his official decision. This requires implicit faith in the ability and integrity of those who are invested with judicial authority. The great importance of an independent judiciary has long been conceded, and is, indeed, very...