THE JUDICIAL DEPARTMENT.
This is the third Branch of the government, as determined by the Constitution, and is of supreme importance and dignity. Its sphere is to interpret the Constitution, to decide controversies, to try offenders and to pronounce sentence on them, to enforce rights, and to keep the whole organism of the government in proper place and proportion. It is attached to the governmental machinery as a Regulator. Without it the other Departments must be the judges of the extent of their own powers; the Constitution would be practically inoperative to prevent inharmonious or mischievous legislation; and the executive would possess the authority to try as well as punish offenses.
The officers of this Department of the government are expected to be men of much weight and dignity of character, of wide legal culture, and are selected for, and continued in, office under such circumstances as to guarantee, to a fair extent, the requisite distinction and impartiality.
All this we shall see as we proceed to analyze its different branches. These consist of the United States Supreme Court, the Circuit Courts, the District Courts, and the Court of Claims. The local courts in the District of Columbia, and the Territorial Courts, though similar to the State Judiciaries, are connected, by their relations to the General Government, with this Department.
The importance of this branch of the government has become more evident as time has passed, and the conflict of parties has put the whole to test. The acrimonious party spirit of our early post revolutionary history, which continued into Monroe’s administration, was, in great part, the result of a want of due confidence in, and respect for, the judiciary. Experience showed that our people were law abiding, and that the Legislative and Executive powers, equally with the people, were willing to submit to the official interpretation of the Constitution, and all ready to join hands to maintain its authority.
CHAPTER LVII.
THE SUPREME COURT.
1. This is the highest tribunal in the United States. If the whole government be figuratively regarded as an arch this is the “Key Stone of the Arch” without which the whole structure would crumble and fall. In all cases of dispute as to the meaning of the Constitution and the range of powers it confers, or implies, it has sovereign power to decide; and from that decision there is no appeal. Its declaration, as to the meaning and application of the Constitution and the body of statutes enacted under it, becomes the law of the land. It is the great bulwark against tyrannical use of power, and conflicting enactments, whether by National or State Legislatures.
2. This court has one Chief Justice and nine Associate Justices, all appointed by the President, by and with the advice and consent of the Senate. They are appointed for life, or during good behavior; they may be impeached for bribery or other high crimes, and then removed from office. They may also resign; but if they conduct themselves properly and choose to retain their offices, there is no power by which they can be removed, except the power of death. The Constitution itself makes this provision, in order that the judges may be removed as far as possible from the influence of party politics. It is therefore expected that their decisions will not be biased by party or political considerations; and it may not be amiss to say that the provisions for keeping the judges of the United States Courts in office for life, meets with almost universal approbation; and has caused many to hope that the States would alter their Constitutions and adopt the same plan; believing it to be the surest way of preserving a pure and independent Judiciary, on which depend the rights and liberties of every citizen of the commonwealth.
3. This court holds but one term in a year, which commences on the first Monday of December, and sits until it has disposed of the business before it. Its sessions are always held at Washington, the capital of the nation; there it has access to the Congressional and Law Libraries, and to all the departments and records of the government when necessary.