Gentlemen, on the occasion referred to by the chair, it became necessary
to consider the judicial power, and its proper functions under the
Constitution. In every free and balanced government, this is a most
essential and important power. Indeed, I think it is a remark of Mr.
Hume, that the administration of justice seems to be the leading object
of institutions of government; that legislatures assemble, that armies
are embodied, that both war and peace are made, with a sort of ultimate
reference to the proper administration of laws, and the judicial
protection of private rights. The judicial power comes home to every
man. If the legislature passes incorrect or unjust general laws, its
members bear the evil as well as others. But judicature acts on
individuals. It touches every private right, every private interest, and
almost every private feeling. What we possess is hardly fit to be called
our own, unless we feel secure in its possession; and this security,
this feeling of perfect safety, cannot exist under a wicked, or even
under a weak and ignorant, administration of the laws. There is no
happiness, there is no liberty, there is no enjoyment of life, unless a
man can say when he rises in the morning, I shall be subject to the
decision of no unjust judge to-day.
But, Gentlemen, the judicial department, under the Constitution of the
United States, possesses still higher duties. It is true, that it may be
called on, and is occasionally called on, to decide questions which are,
in one sense, of a political nature.
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