Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/466

ferior Courts shall hold their offices during good behaviour."^[1] Upon this subject, the Federalist has spoken with so much clearness and force, that little can be added to its reasoning.

The standard of good behaviour, for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy, it is an excellent barrier to the despotism of the prince: in a republic, it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient, which can be devised in any government, to secure a steady, upright, and impartial administration of the laws. Whoever attentively considers the different departments of power, must perceive, that in a government, in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy, or injure them. The executive not only dispenses the honours, but holds the sword of the community. The legislature, not only commands the purse, but prescribes the rules, by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword, or the purse; no direction either of the strength, or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force, nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm, for the efficacious exercise even of this faculty.

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1. For the interpretation of the meaning of the words good behaviour, see the judgment of Lord Holt, in Harcourt v. Fox, 1 Shower's R. 426, 506, 536. S. C. Shower's Cases in Parl. 158.