The persons so incapacitated are
paid by one dignity for what they abandon in another, and, for the
most part, the situation arises from their own choice. But as to
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.
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