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Would, like a tempest, rush amidst the nations,
Tam. The world ! 't would be too little for thy pride : 5 Thou wouldst scale heaven.
Baj. I would. Away! my soul
Tam. Thou vain, rash thing,
Baj. 'Tis false! I am not fallen from aught I have been !
And scorns to make acquaintance with ill fortune. 15 Tam. Almost beneath my pity art thou fallen!
To what vast heights had thy tumultuous temper
Baj. Oh! glorious thought! Ye powers! I will enjoy it, 20 Though but in fancy: imagination shall
Make room to entertain the vast idea.
I had used thee, as thou art to me, a dog, 25 The object of my scorn and mortal hatred.
I would have caged thee for the scorn of slaves.
Till thou hadst begged to die; and e'en that mercy 30 I had denied thee. Now thou knowst my mind, And question me no farther.
Tam. Well dost thou teach me
With one consent, cry out for vengeance on thee ; 35 Loudly they call to cut off this league-breaker, This wild destroyer, from the face of earth.
Baj. Do it, and rid thy shaking soul at once Of its worst fear.
Tam. Why slept the thunder
And given thee power, ere yester sun was set,
When, through the tumult of the war I sought thee,
Baj. Oh! blast the stars
Tam. Thou hadst then,
I bid thee live. So much my soul disdains
Nay, more ; couldst thou forget thy brutal fierceness,
What man should be to man :-
As can be found, shall wait upon thy service;
LESSON CCXXVIII.-AN INDEPENDENT JUDICIARY.JAMES A.
BAYARD. Mr. Chairman, I am confident that the friends of this meas. ure are not apprized of the nature of its operation, nor sensible of the mischievous consequences which are likely
to attend it. Sir, the morals of your people, the peace 5 of the country, the stability of the government, rest upon
the maintenance of the independence of the judiciary. It is not of half the importance in England, that the judges should be independent of the crown, as it is with us, that
they should be independent of the legislature. Am I ask10 ed,' Would you render the judges superior to the legislature? I answer, No, but coördinate. Would
you render them independent of the legislature? I answer, Yes, independent of every power on earth, while they behave
themselves well. The essential interest, the permanent 15 welfare of society, require this independence; not, sir, on
account of the judge; that is a small consideration; but on account of those between whom he is to decide. You cal. culate on the weaknesses of human nature, and you suffer
the judge to be dependent on no one, lest he should be 20 partial to those on whom he depends. Justice does not
exist where partiality prevails. A dependent judge cannot be impartial. Independence is, therefore, essential to the purity of your judicial tribunals.
Let it be remembered, that no power is so sensibly felt by society, as that of the judiciary. The life and property 5 of every man, are 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 10 the tools of every dominant party. It is this effect whịch
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. 15 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 par
ties. The true question is, Shall the judiciary be perma20 nent, 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 25 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 30 their turn, will expect impunity for the wrongs and vio
lence 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 35 on the people. You make them dependent on your pres
ident. 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 40 the courts as the instrument 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 govern ment 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 félicity of our constitution. It was this principle which was to curb the fury of party on sud
den changes. The first moments of power, gained by a 5 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 tor10 rent 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. 15 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. I have done. I 20 should have thanked my God for greater power to resist -a
measure, so destructive to the peace and happiness of the country. My feeble efforts can avail nothing. But it was my duty to make them. The meditated blow is mor
tal, and from the moment it is struck, we may bid a final 25 adieu to the constitution.
LESSON CCXXIX.-MEMORIALS OF WASHINGTON AND FRANK
LIN.--JOHN QUINCY ADAMS. [From Mr. Adams' speech on the reception, by Congress, of the bat.
tle sword of Washington, and the staff of Franklin.] The sword of Washington! The staff of Franklin ! Oh! sir, what associations are linked in adamant with these names! Washington, whose sword, as my friend* has said,
was never drawn but in the cause of his country, and never 5 sheathed when wielded in his country's cause! Franklin,
the philosopher of the thunderbolt, the printing-press, and
What other two men, 10 whose lives belong to the eighteenth century of Christen
dom, have left a deeper impression of themselves upon the age in which they lived, and upon all after time?
Washington, the warrior and the legislator! In war, contending, by the wager of battle, for the independence of his
* Geo. W. Summers.
country, and for the freedom of the human race; ever manifesting, amidst its horrors, by precept and example, his reverence for the laws of peace, and for the tenderest sym
pathies of humanity; in peace, soothing the ferocious spirit 5 of discord, among his own countrymen, into harmony and
union; and giving to that very sword, now presented to his country, a charm more potent than that attributed, in ancient times, to the lyre of Orpheus.
FRANKLIN !—The mechanic of his own fortune.; teach10 ing, in early youth, under the shackles of indigence, the
way to wealth, and, in the shade of obscurity, the path to greatness ; in the maturity of manhood, disarming the thunder of its terrors, the lightning of its fatal blast; and
wresting from the tyrant's hand the still more effective 15 sceptre of oppression: while descending into the vale of
years, traversing the Atlantic ocean, braving, in the dead of winter, the battle and the breeze, bearing in his hand the charter of Independence, which he had contributed to form,
and tendering, from the self-created nation, to the mighti20 est monarchs of Europe, the olive-branch of peace, the mer
curial wand of commerce, and the amulet of protection and safety to the man of peace, on the pathless ocean,
from the inexorable cruelty and merciless rapacity of war.
And, finally, in the last stage of life, with fourscore win25 ters upon his head, under the torture of an incurable dis• ease, returning to his native land, closing his days as the chief magistrate of his adopted commonwealth, after contributing by his counsels, under the presidency of Wash
ington, and recording his name, under the sanction of de30 vout prayer, invoked by him to God, to that Constitution
under the authority of which we are here assembled, as the representatives of the North American people, to receive, in their name and for them, these venerable relics of the
wise, the valiant, and the good founders of our great con35 federated republic,-these sacred symbols of our golden
age. May they be deposited among the archives of our government! and every American, who shall hereafter behold them, ejaculate a mingled offering of praise to that
Supreme Ruler of the Universe, by whose tender mercies 40 our Union has been hitherto preserved, through all the
vicissitudes and revolutions of this turbulent world, and of prayer for the continuance of these blessings, by the dispensations of Providence, to our beloved country, from age
age, till time shall be no more !