The following article in the Constitution regulates the terms upon which alone any change may be made, and which is of so peculiar and conservative a character that I insert it in full:—
“ARTICLE V.—Power of Amendment.
“The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article, and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.”
The foregoing article is a remarkable instance of prudence and forethought, and acts as the strongest safeguard against hasty measures, which in times of great excitement may sometimes obtain a majority that would afterwards be regretted by all parties. If the principle involved in any question is really felt to be of vital importance, the majority can dissolve the Union if they consider the object in view worth the sacrifice.
The salary of the Chief Justice is about 1050l. a-year. This court is, I believe, invariably composed of men of the highest talent and integrity; their appointment is from the President, and endorsed by the Senate, and their tenure of office is “during good behaviour."[CD] There has, fortunately, been no change in the manner or term of these appointments; but, in the different States, the democratic mania has removed the old landmarks of prudence bequeathed to them by their fathers. Mr. Tremenheere tells, that in 1833 only 5 States out of the 24 had adopted the principle of electing Judges, and appointing them for a term of years; in 1844, 12 States out of the 29 had adopted the principle; and in 1853, 22 out of the 31 States had come to the same resolution. We surely have in these facts a most important warning of the danger of introducing too much of the democratic element into the constitution of any country. Reflect, if but for a moment, on the danger to the community, where the selection of the Judges of the land may be guided by political rancour or public clamour; the bare knowledge that such may be the case, even if the purity of the masses be so great as not to admit of such sinister influence, the bare possibility, I say, is calculated to lower the respect in which it is most desirable the judiciary should ever be held,[CE] and to deter the most pure and high-minded citizens from offering their services. The salaries of the Judges range from 250l. to 400l. a-year.