Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-12-14

oS!ir AZ Cote'!oii duo pioi eiJ1
mttcd TO the inferior courts ard the APP
pea, to the fupreme court IS allowed " with
iuch exceptions, and under fuch regulations
as the congrefs halI make" The mott
intcreaing objec::s therefore may be decd
ed ultimately by the inferior courts. IN
deed, il cafes of imprisonment, ihould an
appeal from the Judgment be always allow,
ed, the punilhuent might often be iut'sred
pending the appeal. -
Ii then the motive for giving irdepen-
dence to the Judges, be the fecur'ty which
thar II de; deuce affords to the life. hoer-
ty and property cf'i:e c:t:zen, that motive
applies With peculiar fierce to thcEe OF the
inferior courts.
Bu, the Hrrnee opinion that any DIFF
cget onal agency ofcongrel IN tie esfabIlh
mens OF courts, over ,u.es the pot'flve. and
expii:i, regulation OF the conaitntion con,
corning the tenure d office, is to b fuPport-
ed, it applies as we'll TO the fupieme as IN
ferior court. The conititugion, which de-
clares thatth judicial power !,.a!l be ve0-
ed IN one !upreine court, ard In fuch infe-
r.or courts as consreGs may e&ab.i:h, does
nc. fix the number Of Judges who !hai
compof. tina, court. The number IS t!Aec
by law; and that law may BE- repealed
ard the number reduced; 70 thai accord
iag to his opinion all the Judges OF the
United States would be removable by tie
repeal of the LAWS caab Thing the courts CT
which they arc nlemaeEs.
But the co .::nrance o. tie indis iduaj
in Office is not fecured by that part OF the
article which declares, ,hat the Judicial
power OF the United States Gall be veif-
ed in one fupreme u'', and IN iueh inte-
rior courts as congress fha'l from tine to
time ordain and ei,abl.h." Had the arti-
Gle proceeded 10 farther, the exterior fern
f the lyiie"' woa!d indeed have been
marked ous, the parts TO compete it would
have been deagna'ed, bur the rights Of
the individual would have been left to the
dicre,ion Of the Legislature. The judge
might certainly have held his cliice at the
| will of the prehdent OF Of congccts, CT in
| any other manner the law misht have pre-
| lcr;bed. Il is he fuh!oqnent part Of the
article, orda;n;ng ,h,s tie judges both
| Of the fupreme ana inferior courts lhalI
cola their Offices during good BEHAVIOR"
| which contitvtes their independence, aod
this plainly embraces the judges Of the
enc court as we'll as OF the other.
The right to permaneuce in Office is
then alike beItowed by the contribution on
he judges of the fuprene and interior
courts, and the inquiry isreduced to this
naked q ee'tion, 90 they ra!Iy hold their
Offices during good behavior, or at the
will of congrels?
This euei}ion, if indeed it can without
ialuls to the human judgment, be termed
one, fall now receive br;ct conidera-
ton.
The proportion that the contribution is
TIE paramount law, and TIA, il limits the
powers of the Legislature as we'll as that
Of the other departments Of government is
no longer problem in the United States.
Had the members of the Legislature even
not fwcrn to oberve it, fiji they have
no power as Legislature to pa!s tie boun-
dairy it has marked out; and beyond Its
lines they a;e mere individuals.
The injunction of the contribution then
is to ne re!igiouly obiervsd, ard we have
only to enquire what that injunction is ?
For this We mutt refort to TIE infrument
i,lelf. The words are, The judges
both Of the iupreme and inferior courts
lhall hold their Offices during good beha-
viour." II words are the fixed rep,e(en-
eatives of ideas; if they convey to the
mind any ditina meaning, what idea, let
me ak, is Represented, what meaning is
conveyed by the words iiaall hold their
offices during coed behaviour" Whcn
they proceed from an authority which ad-
ni,s OF no oppofition, which cannot be
di!obsyed, they amount certainly to an
excluGon ofany other pebble mode Of ter
miaa,jng the caioe by the al Of govern
nens, than by convittirg tie officer OF
breach of good behavior. They " fhall
hold their Offices during good behavior"
is certainly euuiyalent to ayin2 skey fall