Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-12-14
No. II.

dicial power or tee United States ihaii o.
yefed in ore luprea,e court, and in iach
inierior courts as the congreis MAJ from
time to time ogiain c. c,.ah;'sh. i ns
judges bath ef tie .ta2,s:s G1d '.fe','f
sgurts %aH bo!a tar eJ|ceS during god os-
haviar and ihall at itasld times receive tor
their feavices Compensation which ihaii
not be dimin;.ned during thcir continuance
in Office
A prior fiction provides that al civil.
officers Of the u. States ihall De removable
from office on Impeachment.
AT the laG iefion ofeongreis an sst pat
fed ordaining and efabliihing in each fate
circuit courts inferior to the iupreme court.
The Judges who are to adminiaeE jua!ee
in thefe courts have been appointed, and,
il conformity with the contribution, have
received commil!ions '1gring good beba-
V:7r.
II is now contcnded tina. theie Judges
are dependent on the will of congrets, who
may repeal the law, a5o!i!h The office, and
dlicOntlnue the Ju0Se.
This is the opinion | mean to contTo~
vert.
The words CT the contribution leave it
in the difcretion of the Legislature TO or
dam aud eitabliih iuch inferior courts as,
from time to time, their wlidom may tHg
GET.
The rcafon of this is apparent. The fl
tuation of the United States, country en-
creating beyond calculation, in population,
in wealth, and relources, will continue to
change. The neccfity fer inferior courts
will very probab y change with this change
of ftuation, consref, is rightly permitted
to fudge of this necehiSy, and from time to
time to eaablilh flch courts; but when ef.
tablilhed, the judges, fays the conaituti.
on, "e.all hold their Offices during good
behavior" The contribution then has
iubmitted to legislative diicretion the ef-
tabliihmen, of the court, bu, not the per-
manencc or independence OF the Judge. So
ioon as nc is appointed, the contribution "a
dcpts him, and declares that The ihall hold
his office by the firm tenure of i" sood be-
b4vi2,." He is Recognized by the coniti
tuition and becomes a judge under it, not
merely by virtue of the law.
fit be poiIible to make this fubjett fill
more clear than it is in tie charter of Our
government. l would attempt it by va
rying fcmewhas the expieflion of that In
irumens. suppoie, inaesd Of oIdaining
that there ihould be iupreme court, the
article had allowed It'll greater latitude to
the legilature, and mad declared that the
judicial power ct the United States fhould
be veaed in (uch courts as congrets ihould
from time to time ordain and eitablifh, and
that the Judges OF fnch courts ihould hold
their Offices during good behavior, coulii!
have entered into the mind of any man TO
fay tina; the proviGon for the permanence
of the judge had been totally annulled by
the power given to congreis from time to
time, TO ettabliih the courts? That, be-
caufe the neceiity for exerciiing the power
ofeffabliihing courts was continuing ne
ceility, and coniequentiy Tie power ought
not to be terminated by the hrit exercife
thereof DOR the number of courts limited
in the contribution, therefore the conltitu-
sion was unable to provide for the indePen-
dence OF the judges, and the attempt made
to do 70 by poGSively crdaining that they
thould hold their offices dxrmg sood beba-
.viay, was void and Intellectual attempt
This proportion would feem too abfurd to
be maintained, nor would it be leis abiurd
to contend that by eiabliihing absolutely
A iupreme court, the force of the claufe de.
claring ,laat the judges of the inferior
courts I" ihall hold their Offices during
good behavior" is in any degree, impair
ed.
The letter ofrhc contribution ,henwhi
declares III terms Of that " the judges both
of the fuprelne and interior courts lhsll
hold their os:ces during good behavior"
is unacco,npanied by other expreilions
which might give color to conaruc-
ton heai!e TO the very words them
islves.
live examine the duties which mutt
have been contemplated for the fupreme