Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 25

by Vermont Supreme Court

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1854 ... / I i 720 CIRCUIT COURT OF THE U. S., 1853. Administrators of Belknap r. Northern Railroad Co. subordination to the paramount national authority. It was considered indispensable to have a judiciary, to take cognizance not only of all suits and prosecutions in behalf of the general government, or arising under its laws, but of controversies between citizens of different States, and especially of all controversies between States, arising out of adverse or interfering State claims, thereby securing a peaceful determination of what might otherwise grow into forcible collisions and conflicts; and also, for protection to every citizen of the Union against all unconstitutional invasions of his rights, either by acts of legislation prohibited to the States, or by unauthorized legislative action of the general government. It was also held, and acted upon as an undeniable proposition, that, to maintain the constitution itself in its true spirit and meaning, and secure a just and faithful performance of judicial duty, in all questions arising under the constitution and laws, or affecting individual private rights, it was not only expedient and judicious, but essentially necessary, to make the judiciary independent--independent as provided in the constitution--by elevating the judges, as far as practicable, above and beyond the reach of govermental, popular, or sinister influences. It was seen, that if you make the continuance in office of a judge dependent on re-appointment or re-election at short stated periods, you so much lessen or impair his independence; and that just in proportion as you do that, you diminish your security for his good behavior. At the same time, it was seen, what more than sixty years experience has proved to be true, that, as the judges neithe...

298 pages, Paperback

Published February 9, 2012