492
CONSTITUTION OF THE U. STATES.
[BOOK III.
continue to be such to its end. But with regard to the judges, who, if they behave properly, will be secured in their places for life, it may well happen, especially in the early stages of the government, that a stipend, which would be very sufficient at their first appointment, would become too small in the progress of their service.
This provision for the support of the judges bears every mark of prudence and efficacy; and it may be safely affirmed, that together with the permanent tenure of their offices, it affords a better prospect of their independence, than is discoverable in the constitutions of any of the states, in regard to their own judges. The precautions for their responsibility are comprised in the article respecting impeachments. They are liable to be impeached for malconduct by the house of representatives, and tried by the senate; and, if convicted, may be dismissed from office, and disqualified for holding any other. This is the only provision on the point, which is consistent with the necessary independence of the judicial character; and is the only one, which we find in our own constitution, in respect to our own judges.[1]
- ↑ Mr. Chancellor Kent has written a few brief but pregnant sentences on this subject; and he has praised the constitution of the United States, as in this respect an improvement upon all previously existing constitutions, in this, or in any other country. 1 Kent's Comm. Lect. 14, p. 270. In his second edition, (Id. p. 294,) he has in some measure limited the generality of expression of the first, by stating, that by the English act of settlement, of 12 & 13 Will. 3, it was declared, that the salaries of the judges should he ascertained and established; and by the statute 1 George 3, the salaries of the judges were absolutely secured to them, during the continuance of their commissions.[a 1] Still there remains a striking difference in favour of the American constitution, inasmuch as in England the compensation, as well as the tenure of office, is within
- ↑ See 1 Black. Comm. 267, 268.
