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CONSTITUTION OF THE U. STATES.
[BOOK III.
remembrance, that "he looked upon the independence and uprightness of the judges, as essential to the impartial administration of justice; as one of the best securities of the rights and liberties of his subjects; and as most conducive to the honour of the crown."
[1] Indeed, since the independence of the judges has been secured by this permanent duration of office, the administration of justice has, with a single exception,
[2] flowed on in England, with an uninterrupted, and pure, and unstained current. It is due to the enlightened tribunals of that nation to declare, that their learning, integrity, and impartiality, have commanded the reverence and respect, as well of America, as Europe.
[3] The judges of the old parliaments of France (the judicial tribunals of that country) were, before the revolution, appointed by the crown; but they held their offices for life; and this tenure of office gave them substantial independence. Appointed by the monarch, they were considered as nearly out of his power. The most determined exertions of that authority against them only showed their radical independence. They composed permanent bodies politic, constituted to resist arbitrary innovation; and from that corporate constitution, and from most of their powers they were well calculated to afford both certainty and stability to the laws. They had been a safe asylum to secure their laws, in all the revolutions of human opinion. They had saved that sacred deposit of the
- ↑ 1 Black. Comm. 267, 268.
- ↑ Lord Macclesfield.
- ↑ De Lolme has dwelt on this subject, with abundant satisfaction. (De Lolme, B. 2, ch. 16, p. 303 to 305.) The Eulogy of Emerigon has been often quoted, and indeed is as true, as it is striking. 2 Emerigon, 67, cited in 1 Marshall on Insurance, Preliminary Discourse, p. 30, note.
