Wendell Phillips, Theodore C. Pease, Speeches, Lectures and Letters of Wendell Phillips: Volume 1

[173] may say, a little crazy on the subject of the independence of the judges, it was the late able and learned Judge Story,--at least during the last half of his life. What does he say? He says:--

“ The Governor and Council might remove them [judges] on the address of a majority of the Legislature, not for crimes and misdemeanors, for that was provided for in another manner, but for no cause whatever,--no reason was to be given. A powerful individual, who has a cause in court which he is unwilling to trust to an upright judge, may, if he has influence enough to excite a momentary prejudice, and command a majority of the Legislature, obtain his removal. He does not hold the office by the tenure of good behavior, but at the will of a majority of the Legislature, and they are not bound to assign any reason for the exercise of their power. Sic volo, sic jubeo, stet pro rations voluntas. (Thus I wish it; thus I order: let my will stand for a reason.) This is the provision of the Constitution, and it is only guarded by the good sense of the people. He had no fear of the voice of the people, when he could get their deliberate voice,--but he did fear from the Legislature, if the judge has no right to be heard.”

That is the opinion of the learned Judge Story as to the power of the Legislature. “I have no fear of the voice of the people,” says Judge Story. All he proposed was, that the judge should have an opportunity to be heard.

What was the result of this discussion? The Convention proposed to the people — what? That no judge should ever be removed without notice. The people voted on that amendment, voted nay, and declined to insert it in the Constitution.

Now, Gentlemen, what is my argument? Here is a debate on this clause, not by men heated with passion, not by men with party purposes to serve, but by men acting as statesmen, in the coolest, most deliberate, and temperate mood,--men of various parties, Whig and -