It is not enough, that honest men are appointed Judges.
All know the influence of interest on the mind of
man, and how unconsciously his judgment is warped
by that influence. To this bias add that of the
esprit de corps, of their peculiar maxim and
creed, that ’it is the office of a good Judge
to enlarge his jurisdiction,’ and the absence
of responsibility; and how can we expect impartial
decision between the General government, of which
they are themselves so eminent a part, and an individual
state, from which they have nothing to hope or fear?
We have seen, too, that, contrary to all correct example,
they are in the habit of going out of the question
before them, to throw an anchor ahead, and grapple
further hold for future advances of power. They
are then, in fact, the corps of sappers and miners,
steadily working to undermine the independent rights
of the states, and to consolidate all power in the
hands of that government, in which they have so important
a freehold estate. But it is not by the consolidation,
or concentration of powers, but by their distribution,
that good government is effected. Were not this
great country already divided into states, that division
must be made, that each might do for itself what concerns
itself directly, and what it can so much better do
than a distant authority. Every state again is
divided into counties, each to take care of what lies
within its local bounds; each county again into townships
or wards, to manage minuter details; and every ward
into farms, to be governed each by its individual
proprietor. Were we directed from Washington
when to sow, and when to reap, we should soon want
bread. It is by this partition of cares, descending
in gradation from general to particular, that the
mass of human affairs may be best managed, for the
good and prosperity of all. I repeat, that I
do not charge the judges with wilful and ill-intentioned
error; but honest error must be arrested, where its
toleration leads to public ruin. As, for the safety
of society, we commit honest maniacs to Bedlam, so
judges should be withdrawn from their bench, whose
erroneous biases are leading us to dissolution.
It may, indeed, injure them in fame or in fortune;
but it saves the Republic, which is the first and
supreme law.
* In the impeachment of Judge Pickering, of New Hampshire, a habitual and maniac drunkard, no defence was made. Had there been, the party vote of more than one third of the Senate would have acquitted him.
Among the debilities of the government of the Confederation, no one was more distinguished or more distressing, than the utter impossibility of obtaining, from the States, the monies necessary for the payment of debts, or even for the ordinary expenses of the government. Some contributed a little, some less, and some nothing; and the last, furnished at length an excuse for the first, to do nothing also. Mr. Adams, while residing at the Hague, had a general authority to borrow what