by John Marshall Harlan

“ I mean so long as the judiciary remains truly distinct from both the legislative and the executive. For I agree that 'there is no liberty, if the power of judging be not separated from the legislative and executive powers.' And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments ”

“ There is no such union of political and judicial functions in any officer in this country, and the relation of the chancellor in England to the government in no respect affects the importance of an independent tenure of office by judges of courts of record in this country during the prescribed period of their terms. ”

“ In a monarchy, it is an excellent barrier to the despotism of the prince; in a republic, it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government to secure a steady, upright, and impartial administration of the laws.' And again, after stating that the judiciary is the weakest of the three departments of the government, and that though oppression may now and then proceed from the courts of justice, he says: 'The general liberty of the people can never be endangered from that quarter ”

“ The president shall, within thirty days after the commencement of each session of the senate, except for any office which in his opinion ought not to be filled, nominate persons to fill all vacancies in office which existed at the meeting of the senate, whether temporarily filled or not, and also in the place of all officers suspended ”

“ Judge McAllister, without resistance, vacated the office on the 28th of August, 1885, and received the salary up to and including that date, after which he did not perform any of the duties or exercise any of the functions of the position. ”

“ This contention rests upon the ground that Dawson's authority to act as judge under his appointment in place of Dawne, suspended, ceased when the senate closed its session of 1885-86. It is a sufficient answer to this suggestion to say that when the senate confirmed the nomination of Dawson,-which must have been prior to August 2, 1886,-and his commission was signed and sealed, the suspension of Judge McAllister became permanent. ”