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alike to Him." He alone can pry into the deep recesses of the sinner's bosom; drag forth the secret motive from its hiding-place, and expose it to the reproaches of an affrighted and horror-stricken world. What can man do in such a case? I can tell you what he can do, and what he does do. The moment that by the slightest whisper the inward workings and purposes of the culprit's mind are communicated to the officers of justice, he becomes amenable to justice. Beautiful system! Here is a man who intends to take the life of another; his motive and his purpose are known only to that Power that can fathom the ocean. The motive there is equal to the act-it is the act itself. The motive here is nothing, till it be accompanied by the act, because it cannot be detected. From "A Forensic Argument,” Philadelphia, 1859.

AN INDEPENDENT JUDICIARY.

JAMES A. BAYARD.

No power is so sensibly felt by society, as that of the judiciary. The life and property of every man is liable to be in the hands of the judges. Is it not our great interest to place our judges upon such high ground that no fear can intimidate, no hope seduce them? The present measure humbles them in the dust, it prostrates them at the feet of faction, it renders them the tools of every dominant party. It is this effect which I deprecate, it is this consequence which I deeply deplore. What does reason, what does argument avail, when party spirit presides? Subject your bench to the influence of this spirit, and justice bids a final adieu to your tribunals. We are asked, sir, if the judges are to be independent of the people? The question presents a false and delusive view. We are all the people. We are, and as long as we enjoy our freedom, we shall be divided into parties. The true question is, shall the judiciary be permanent, or fluctuate with the tide of public opinion? I beg, I implore gentlemen to consider the magnitude and value of the principle which they are about to annihilate. If your judges are independent of political changes, they may have their preferences, but they will not enter into the spirit of party. But let their existence depend upon the support of the power of a certain set of men, and they cannot be impartial. Justice will be trodden under foot. Your courts will lose all public confidence and respect.

The judges will be supported by their partisans, who, in their turn, will expect impunity for the wrongs and violence they commit. The

spirit of party will be inflamed to madness; and the moment is not far off, when this fair country is to be desolated by a civil war.

Do not say that you render the judges dependent only on the people. You make them dependent on your President. This is his measure. The same tide of public opinion which changes a President, will change the majorities in the branches of the legislature. The legislature will be the instrument of his ambition, and he will have the courts as the instruments of his vengeance. He uses the legislature to remove the judges, that he may appoint creatures of his own. In effect, the powers of the government will be concentrated in the hands of one man, who will dare to act with more boldness, because he will be sheltered from responsibility. The independence of the judiciary was the felicity of our constitution. It was this principle which was to curb the fury of party on sudden changes. The first movements of power gained by a struggle, are the most vindictive and intemperate. Raised above the storm, it was the judiciary which was to control the fiery zeal, and to quell the fierce passions of a victorious faction.

We are standing on the brink of that revolutionary torrent, which deluged in blood one of the fairest countries of Europe.

France had her national assembly, more numerous and equally popular with our own. She had her tribunals of justice, and her juries. But the legislature and her courts were but the instruments of her destruction. Acts of proscription and sentences of banishment and death were passed in the cabinet of a tyrant. Prostrate your judges at the feet of party, and you break down the mounds which defend you from this torrent. From "Speech on the Judiciary," 1802.

SWITZERLAND, AN EXAMPLE.

PATRICK HENRY.

SWITZERLAND Consists of thirteen cantons expressly confederated for national defence. They have stood the shock of four hundred years: that country has enjoyed internal tranquillity most of that long period. Their dissensions have been, comparatively to those of other countries, very few. What has passed in the neighboring countries? wars, dissensions, and intrigues-Germany involved in the most deplorable civil war thirty years successively, continually convulsed with intestine divisions, and harassed by foreign wars-France with her mighty monarchy perpetually at war. Compare the peasants of Switzerland with those of any other mighty nation; you will find them far more happy for one civil war among them, there have been five or six among other nations: their attachment to their country, and to freedom, their

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resolute intrepidity in their defence, the consequent security and happiness which they have enjoyed, and the respect and awe which these things produce in their bordering nations, have signalized those republicans. Their valor, sir, has been active; everything that sets in motion the springs of the human heart, engaged them to the protection of their inestimable privileges. They have not only secured their own liberty, but have been the arbiters of the fate of other people. Here, sir, contemplate the triumph of republican governments over the pride of monarchy. I acknowledge, sir, that the necessity of national defence has prevailed in invigorating their councils and arms, and has been, in a considerable degree, the means of keeping these honest people together. But, sir, they have had wisdom enough to keep together and render themselves formidable. Their heroism is proverbial. They would heroically fight for their government, and their laws. One of the illumined sons of these times would not fight for those objects. Those virtuous and simple people have not a mighty and splendid president, nor enormously expensive navies and armies to support. No, sir, those brave republicans have acquired their reputation no less by their undaunted intrepidity, than by the wisdom of their frugal and economical policy. Let us follow their example, and be equally happy. The honorable member advises us to adopt a measure which will destroy our bill of rights: for, after hearing his picture of nations, and his reasons for abandoning all the powers retained to the states by the confederation, I am more firmly persuaded of the impropriety of adopting this new plan in its present shape.

From "Speech on the Federal Constitution," 1788.

AMENDMENTS TO THE CONSTITUTION.

PATRICK HENRY.

I AM Constrained to make a few remarks on the absurdity of adopting this system, and relying on the chance of getting it amended afterwards. When it is confessed to be replete with defects, is it not offering to insult your understandings, to attempt to reason you out of the propriety of rejecting it, till it be amended? Does it not insult your judgments to tell you-adopt first, and then amend? Is your rage for novelty so great, that you are first to sign and seal, and then to retract? Is it possible to conceive a greater solecism? I am at a loss what to say. You agree to bind yourselves hand and foot-for the sake of what? Of being unbound. You go into a dungeon-for what? To get out. Is there no danger when you go in, that the bolts of federal authority shall shut you in? Human nature never will part from power. Look for an example of a voluntary relinquishment of power, from one end of the globe to another-you will find none. Nine-tenths of our fellow

men have been, and are now, depressed by the most intolerable slavery, in the differents parts of the world; because the strong hand of power has bolted them in the dungeon of despotism. Review the present situation of the nations of Europe, which is pretended to be the freest quarter of the globe. Cast your eyes on the countries called free there. Look at the country from which we are descended, I beseech you; and although we are separated by everlasting, insuperable partitions, yet there are some virtuous people there who are friends to human nature and liberty. Look at Britain; see there the bolts and bars of power; see bribery and corruption defiling the fairest fabric that ever human nature reared. Can a gentleman, who is an Englishman, or who is acquainted with the English history, desire to prove these evils? See the efforts of a man descended from a friend of America; see the efforts of that man, assisted even by the king, to make reforms. But you find the faults too strong to be amended. Nothing but bloody war can alter them. See Ireland: that country groaning from century to century, without getting their government amended. Previous adoption was the fashion there. They sent for amendments from time to time, but never obtained them, though pressed by the severest oppression, till eighty thousand volunteers demanded them sword in hand-till the power of Britain was prostrate; when the American resistance was crowned with success. Shall we do so? If you judge by the experience of Ireland, you must obtain the amendments as early as possible. But, I ask you again, where is the example that a government was amended by those who instituted it? Where is the instance of the errors of a government rectified by those who adopted them?

From "Speech on the Federal Constitution," 1788.

JAMES II. AND GEORGE III.

WILLIAM II. DRAYTON.

KING JAMES broke the original contract by not affording due protection to his subjects, although he was not charged with having seized their towns, and with having held them against the people-or with having laid them in ruins by his arms-or with having seized their vessels or with having pursued the people with fire and sword-or with having declared them rebels for resisting his arms levelled to destroy their lives, liberties, and properties-but George the Third hath done all those things against America; and it is therefore undeniable, that he hath not afforded due protection to the people. Wherefore, if James the Second broke the original contract, it is undeniable that George the Third has also broken the original contract between king and people; and that he made use of the most violent measures by

which it could be done-violences, of which JAMES was GUILTLESS. Measures, carrying conflagration, massacre, and open war amidst a people, whose subjection to the king of Great Britain, the law holds to be due only as a return for protection. And so tenacious and clear is the law upon this very principle, that it is laid down, subjection is not due even to a king de jure, or of right, unless he be also king de facto, or in possession of the executive powers dispensing protection. From "Charge to the Grand Jury,” 1776.

AMERICAN RIGHTS.

JOSEPH WARREN,

PARDON me, my fellow-citizens, I know you want not zeal or fortitude. You will maintain your rights, or perish in the generous struggle. However difficult the combat, you never will decline it when freedom is the prize. An independence of Great Britain is not our aim. No, our wish is, that Britain and the colonies may, like the oak and ivy, grow and increase in strength together. But whilst the infatuated plan of making one part of the empire slaves to the other is persisted in, the interests and safety of Britain, as well as the colonies, require that the wise measures, recommended by the honorable the Continental Congress, be steadily pursued; whereby the unnatural contest between a parent honored and a child beloved, may probably be brought to such an issue, as that the peace and happiness of both may be established upon a lasting basis. But if these pacific measures are ineffectual, and it appears that the only way to safety is through fields of blood, I know you will not turn your faces from your foes, but will, undauntedly, press forward, until tyranny is trodden under foot, and you have fixed your adored goddess liberty, fast by a Brunswick's side, on the American throne.

You, then, who have nobly espoused your country's cause, who generously have sacrificed wealth and ease; who have despised the pomp and show of tinselled greatness; refused the summons to the festive board; been deaf to the alluring calls of luxury and mirth; who have forsaken the downy pillow, to keep your vigils by the midnight lamp for the salvation of your invaded country, that you might break the fowler's snare, and disappoint the vulture of his prey—you then will reap that harvest of renown which you so justly have deserved. Your country shall pay her grateful tribute of applause. Even the children of your most inveterate enemies, ashamed to tell from whom they sprang, while they, in secret, curse their stupid, cruel parents, shall join the general voice of gratitude to those who broke the fetters which their fathers forged.

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