488
CONSTITUTION OF THE U. STATES.
[BOOK III.
republic, where fortunes are not affluent, and pensions not expedient, the dismission of men from stations, in which they have served their country long and usefully, and on which they depend for subsistence, and from which it will be too late to resort to any other occupation for a livelihood, ought to have some better apology to humanity, than is to be found in the imaginary danger of a superannuated bench.
[1]
§ 1621. It is observable, that the constitution has declared, that the judges of the inferior courts, as well as of the Supreme Court, of the United States, shall hold their offices during good behaviour. In this respect there is a marked contrast between the English government 4nd our own. In England the tenure is exclusively confined to the judges of the superior courts, and does not (as we have already seen) even embrace all of these. In fact, a great portion of all the civil and criminal business of the whole kingdom is performed by persons delegated,
pro hac vice, for this purpose under commissions issued periodically for a single circuit.
[2] It is true, that it is, and for a long period has been, ordinarily administered by the judges of the courts of King's Bench, Common Pleas, and Exchequer; but it is not so merely
virtute officii, but under special commissions investing them from time to time with this authority in conjunction with other persons named in the commission. Such are the commissions of oyer and terminer, of assize, of gaol delivery, and of
nisi prius, under which all civil and criminal trials of matters of fact are had at the circuits, and in the metropolis.
[3] By the
constitu-
- ↑ The Federalist, No. 79. See Rawle on Const. ch. 30, p. 278, 279.
- ↑ 1 Wilson's Law Lect. 463, 464; 2 Wilson's Law Lect. 258, 259.
- ↑ See 3 Black. Comm. 58, 59, 60.
