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There is yet a further and a weightier reason for the permanency of the Judicial offices, which is deducible from the nature of the qualifications they require. It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free Government. To avoid an arbitrary discretion in the Courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them. Hence it is, that there can be but few men in the society, who will have sufficient skill in the laws to qualify them for the stations of Judges. And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who unite the requisite integrity with the requisite knowledge. These considerations apprize us, that the Government can have no great option between fit characters; and that a temporary duration in office, which would naturally discourage such characters from quitting a lucrative line of practice to accept a seat on the Bench, would have a tendency to throw the administration of justice into hands less able, and less well qualified, to conduct it with utility and dignity.
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No. 78

 

Alexander Hamilton

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Every system which endeavours, either, by extraordinary encouragements, to draw towards a particular species of industry a greater share of the capital of the society than what would naturally go to it; or, by extraordinary restraints, to force from a particular species of industry some share of the capital which would otherwise be employed in it; is in reality subversive of the great purpose which it means to promote. It retards, instead of accelerating, the progress of the society towards real wealth and greatness; and diminishes, instead of increasing, the real value of the annual produce of its land and labour.
All systems either of preference or of restraint, therefore, being thus completely taken away, the obvious and simple system of natural liberty establishes itself of its own accord. Every man, as long as he does not violate the laws of justice, is left perfectly free to pursue his own interest his own way, and to bring both his industry and capital into competition with those of any other man, or order of men. The sovereign is completely discharged from a duty, in the attempting to perform which he must always be exposed to innumerable delusions, and for the proper performance of which no human wisdom or knowledge could ever be sufficient; the duty of superintending the industry of private people, and of directing it towards the employments most suitable to the interest of the society. According to the system of natural liberty, the sovereign has only three duties to attend to; three duties of great importance, indeed, but plain and intelligible to common understandings: first, the duty of protecting the society from the violence and invasion of other independent societies; secondly, the duty of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it, or the duty of establishing an exact administration of justice; and, thirdly, the duty of erecting and maintaining certain public works and certain public institutions, which it can never be for the interest of any individual, or small number of individuals, to erect and maintain; because the profit could never repay the expence to any individual, or small number of individuals, though it may frequently do much more than repay it to a great society.
The proper performance of those several duties of the sovereign necessarily supposes a certain expence; and this expence again necessarily requires a certain revenue to support it.

 

Adam Smith

 

Prophecy really includes ordinary knowledge; for the knowledge which we acquire by our natural faculties depends on knowledge of God and His eternal laws; but ordinary knowledge is common to all men as men, and rests on foundations which all share, whereas the multitude always strains after rarities and exceptions, and thinks little of the gifts of nature; so that, when prophecy is talked of, ordinary knowledge is not supposed to be included.
Nevertheless it has as much right as any other to be called Divine, for God's nature, in so far as we share therein, and God's laws, dictate it to us; nor does it suffer from that to which we give the preeminence, except in so far as the latter transcends its limits and cannot be accounted for by natural laws taken in themselves.

 

Baruch Spinoza

 

If then the Courts of justice are to be considered as the bulwarks of a limited Constitution, against Legislative encroachments, this consideration will afford a strong argument for the permanent tenure of Judicial offices, since nothing will contribute so much as this to that independent spirit in the Judges, which must be essential to the faithful performance of so arduous a duty. This independence of the Judges is equally requisite to guard the Constitution and the rights of individuals, from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the People themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the mean time, to occasion dangerous innovations in the Government, and serious oppressions of the minor party in the community.

 

Alexander Hamilton

 

Another evil, and one of the worst which arises from the separation of theoretical and practical knowledge, is the fact that a large number of persons, possessed of an inventive turn of mind and of considerable skill in the manual operations of practical mechanics, are destitute of that knowledge of scientific principles which is requisite to prevent their being misled by their own ingenuity. Such men too often spend their money, waste their lives, and it may be lose their reason in the vain pursuits of visionary inventions, of which a moderate amount of theoretical knowledge would be sufficient to demonstrate the fallacy ; and for want of such knowledge, many a man who might have been a useful and happy member of society, becomes a being than whom it would be hard to find anything more miserable. The number of those unhappy persons — to judge from the patent-lists, and from some of the mechanical journals — must be much greater than is generally believed.

 

William John Macquorn Rankine

 

That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the Courts of justice, can certainly not be expected from Judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence. If the power of making them was committed either to the Executive or Legislature, there would be danger of an improper complaisance to the branch which possessed it; if to both, there would be an unwillingness to hazard the displeasure of either; if to the People, or to persons chosen by them for the special purpose, there would be too great a disposition to consult popularity, to justify a reliance that nothing would be consulted but the Constitution and the laws.

 

Alexander Hamilton