the second, arising from an unfitness not fixed by nature, but
superinduced by some positive acts, or arising from honourable
motives, such as an occasional personal disability, of all things it
ought to be defined by the fixed rule of law--what Lord Coke calls
the Golden Metwand of the Law, and not by the crooked cord of
discretion. Whatever is general is better born. We take our common
lot with men of the same description. But to be selected and marked
out by a particular brand of unworthiness among our fellow-citizens,
is a lot of all others the hardest to be borne: and consequently is
of all others that act which ought only to be trusted to the
legislature, as not only legislative in its nature, but of all parts
of legislature the most odious. The question is over, if this is
shown not to be a legislative act. But what is very usual and
natural, is to corrupt judicature into legislature. On this point
it is proper to inquire whether a court of judicature, which decides
without appeal, has it as a necessary incident of such judicature,
that whatever it decides de jure is law. Nobody will, I hope,
assert this, because the direct consequence would be the entire
extinction of the difference between true and false judgments. For,
if the judgment makes the law, and not the law directs the judgment,
it is impossible there could be such a thing as an illegal judgment
given.

But, instead of standing upon this ground, they introduce another
question, wholly foreign to it, whether it ought not to be submitted
to as if it were law. And then the question is, By the Constitution
of this country, what degree of submission is due to the
authoritative acts of a limited power? This question of submission,
determine it how you please, has nothing to do in this discussion
and in this House. Here it is not how long the people are bound to