Is this a charge against the judiciary, and is there an evil here, which is the fruit of the tenure during good behaviour?

Do gentlemen say, that the decisions were wrong in point of law; or do they mean to impute corruption to the judges?

If the first-it should be shown that they were wrong. Let him who asserts it, put his finger on the cases. We may disagree about

the law.

But suppose they satisfy this committee that the judges have erred in their decisions. Have not all human judges, from the days of Pontius Pilate to the present hour, been subject to mistake or error?

It would be to some purpose, if gentlemen came here prepared to show a case, and this is within their own province, in which the judges have pronounced the law to be what it was not: and then let them show, if they can, that the erroneous decision was the fruit of ignorance, indolence or corruption. They have not done the judges the justice to take the first step, to show their decisions to be wrong. If there have been erroneous decisions, I think that no man could show that they were the offspring of ignorance, neglect of duty, or corruption: and no delegate should or can expect, that such an allegation as this will avail, to disturb the judicial system without something more.

2. Another matter is stated in relation to the decisions of the supreme court, which is, that our books of reports are so lightly esteen.ed, that they are neither sold nor cited abroad.

In the first place, as to the fact, we differ. They are sold, and are cited abroad, and with approbation. In the next place, if the fact were as it is alleged to be, it would prove very little. The truth is, that few men, comparatively of the profession, can purchase the vast number of books of reports of other states; they are of little comparative value. And on the same ground as this you may condemn the decisions of any court in the union, even of the supreme court of the United States.

But, sir, I cannot refrain on such an occasion as this, from yielding my humble trioute to the supreme court and its decisions. That court has decided many causes against my clients, upon my arguments, and some of them, as I have thought, erroneously. But, sir, I have not been led to doubt the integrity of the judges, their intelligence, their learning, or their devotion to business.

The reports of the decisions of the supreme court of Pennsylvania, are entitled to the admiration of lawyers at home and abroad; and, if they are read carefully and understandingly, will receive it. They contain decisions, which have led the way upon some very interesting subjects, and which have been followed both here and in England.

2. "Constitutional instability." This is the head of some judicial prodigy-some offence against the majesty of the people.

I believe the specification is, that the present chief justice once entertained the opinion, that the courts of Pennsylvania could not pronounce an act of the legislature unconstitutional: and that there has been no decision siace Chief Justice Tilghman's time, declaring an act unconsti tutional.

It may be, that the chief justice holds the same opinion. But, there are two things not appearing:

me opinion.

ounce it in any case.

When

will be prepared to weigh the

ain effect done away.

and sweeping character. We bservation and experience are t too much is left to the jury, I were to find fault with the ey do not sufficiently keep the

in point of fact, we may deal

specific and the general grounds our government, as organized the reasons, the grounds, on good behaviour works mischief

he well, where truth is said to e styled, are the strongest spele to pronounce upon the case; onscientiously assure the good are the only sources of grief posed causes of their suffering, his Convention can devise, will of the case: not so much, I ces, as because the counsellors not a just sense of the disease medies, which they propose to ject the wisdom of the wise: and limited experience, above ve enlightened and adorned the experiment's sake: that which all sense and learning and I for common sense; and that amon sense. Common sense as an accompaniment, a never y know it, and that is common

e we from abroad?

it is said, contains the tenure of Luzerne approves of it there. al power. What is meant by This is the only reason asand on principle. In point of have arisen since the formation the argument would lead to a

as been referred to as having a ure that was a case in New

Jersey. This case was cited by my learned friend and colleague, the chairman of the judiciary committee, and noticed again particularly by the delegate from Northampton. It seemed to be a strong one to show the imperfection of the tenure for years.

It was a case, so far as my information goes, of most flagrant and highhanded wrong, inflicted upon an upright and independent judge, for the fearless performance of his duty.

It furnishes a strong illustration of the morality of the system contended for. A mere intrigue of party, availing itself of the disappointment and irritation of an unsuccessful litigant, changed the character of the legislature, and left the judge out of office. What can be said of this?

The delegate from Luzerne, thanks my learned friend for this case; and why? Because it proves

1. That you can get upright and able men to take the office on such a

tenure.

2. That the judges will decide according to conscience against the most powerful party, although their term of office is about to expire.

I apprehend that the case proves no such thing. It is a beacon to warn upright and able men not to take office on such terms; because here is the sacrifice to which they are exposed. It is the one case of fearless independence-but, all men see the sequel; and who will follow in the track?

It is further said, that the judge had no right to the office-that the people had the right to choose their own judges-and that the public interest did not suffer by the change.

This vindication illustrates the character of this tenure, and shows, that the argument to sustain it is wanting in sound moral principle.

The judge had no right to the office-no legal right. But, he had a right, morally, and upon the theory of the opposite argument, drawn out into the strongest expression, this very morning, to be re-appointed, if there were not good cause against it. There was not only not good cause, but he was sacrifieed unjustly, and stigmatised, for the worst of reasons, because he had fearlessly done his duty. Is this a principle to be vindicated?

But the people had a right to choose their own judges.

The people had no right to do wrong. This is my position. The fallacy of the whole argument is, that our king can do no wrong. The people act according to their sovereign will and pleasure-and whatever they do is right. With a case of such barbarous injustice and wrong before my eyes, I cannot subscribe to the doctrine. It supposes the infallibility of the people. I believe in the infallibility of neither king nor people.

It is said, that the public interest did not suffer by the change; that a successor equally good was appointed.

Can this justify the wrong?

The learned delegate from Luzerne, says-this was but the application or operation of a great republican principle.

blican principle can work and his is. I think it is no republiegulated will of the despot. It he laconic mandate put into the han, who seems to have known ny other mere man-"Off with

he constitutions of other states.

enure during good behaviour, by

t there are fifteen states, which I then he says, that fifteen states aviour tenure. Several of these ixty-five, or seventy years. But

tate, having enjoyed the tenure it for a tenure for years. I think if the change takes place, Penn

curring to the history of judicial ed friend and colleague's remark, re had its birth in Pennsylvania, tradiction. Its introduction was cial existence, and effected when as established in England, as in on the same principle, it was stitution meant to shield the judivereign, and this.provision affords

adelphia, gathers argument against n the fact, that it was unknown England, in 1701; that it is unmental Europe, which he eulogises at it was not engrafted upon the

-ode of France are great products - calculated for the protection of - bears in mind, that the trial by s unknown to the civil law; and is, the code of those states in east regard for the rights of the

ight on this subject from abroad. f our own. We have no need of bundantly satisfied with the proO my fellow citizens, by its provik it wise to suffer it to remain excites and agitates a peaceful for a time. But it is incidental to

popular government; and we may expect, that, in this or some other form, it will raise its hydra head, hereafter; and seek to effect some removal of land marks; some change in the fabric; something which shall afford better prospects for ambition, than is offered by the slow, sullen and steady march of honest, honorable and efficient labor for the common good.

My hopes and my wishes are, that this happy commonwealth may long endure, and long enjoy the blessings of a constitution, formed by men of the highest order, and whose praise is in this :-That it has, for nearly fifty years, without alteration or change, contributed largely to the prosperity and enjoyment of all classes of people.

Mr. BANKS rose, he said, under some embarrassment, to take a part in the debate, on this important subject, in immediate succession to the gentleman from the city of Philadelphia, (Mr. Chauncey.) He had not turned his mind to the subject, in such a manner as he would have done, had he supposed that he was to follow that intelligent gentleman. He would, however, endeavor to give his views as briefly as possible.

The subject required anxious reflection, cool deliberation, and firmness of purpose, on the part of the delegates to this body, to whom the people have committed the revisal of this constitution. He apprehended the question before the committee to be, whether the people of Pennsylvania should agree to continue the life tenure of judicial officers, as was estab lished by the existing constitution. The tenure of good behaviour, it was said, was not exactly a life tenure, and this was true in theory; but the difference between the two was found to be very little in practice. In Pennsylvania, no person ever resigned his office of judge, on account of complaints against him, unless he was pressed into the measure; and removal was seldom if ever resorted to. The tenure, under the present constitution, was therefore in effect a life tenure.

There are times, and places, and circumstances, which call upon all men to act out their principles, let who will gainsay; and when he looked about on this committee, and saw men who have served their country in almost every situation which a man can enjoy under our government: men possessing intellect of the highest order; men of refined education, and men who have had the best opportunities, and who have made the best use of them, in improving that intellect, which was conferred upon them by their Creator-taking the opposite side from that which he was about to take, and discussing it with distinguished ability-he confessed that it might become him to sit still in his place, and say nothing. It was to him like attempting to give counsel to friends who were as capable of judging as he was; and whose patriotism was equal to any who had gone before them; and in attempting to do which, he was fearful of breaking that social, that kind, that friendly intercourse, which had for a long time existed. It caused solicitude in his breast, when even, in the discharge of duty, he might by word or action, interrupt that friendly feeling which had long existed. And for him to controvert questions of this kind, with such men as had spoken on the other side of this question, was somewhat painful. But although the learned and the patriotic may have taken the other side on this question-they are but what we all are in one respect; that is, they are but the delegates of a free people. They are but delegated to do what they believe to be right, in reference to the rights,