In the general course of human nature, A POWER OVER A MAN's
SUBSISTENCE AMOUNTS TO A POWER OVER HIS WILL. And we can never hope
to see realized in practice, the complete separation of the judicial
from the legislative power, in any system which leaves the former
dependent for pecuniary resources on the occasional grants of the
latter. The enlightened friends to good government in every State,
have seen cause to lament the want of precise and explicit
precautions in the State constitutions on this head. Some of these
indeed have declared that PERMANENT1 salaries should be
established for the judges; but the experiment has in some
instances shown that such expressions are not sufficiently definite
to preclude legislative evasions. Something still more positive and
unequivocal has been evinced to be requisite. The plan of the
convention accordingly has provided that the judges of the United
States ``shall at STATED TIMES receive for their services a
compensation which shall not be DIMINISHED during their continuance
in office.''
This, all circumstances considered, is the most eligible
provision that could have been devised.
Pages:
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871