Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-12-15
FROM tn, ,wA.g,scros rrpssat4sr
. g, ,'ssas %, 81 No. II.
tICouclxasd.t

II apcll0n QeCldIc1 ny ltc SositeAtuliOu
TO BE- in Office during good behaviour, can
be removed BY III: lssllature, then either
the conaitarion docs not bind the legila-
ture,, Or geax 6ebaai,ar' and kgy9a'iv*
uni are ANONYMOUS terms.
= The 6fe part .,ff she proPoision has long
sfnce been decided, and the iaA can be by
the eommoe ienle Of mankind, but IN one
manner. I appeal TO every man learned
and unlearned, and donot fear finding one
who Will aGcrt thartae TWO pirates make
on bis mind the Zane inpredion that he
u~nderaands BY an Office held during good
behaviour, an Office held during the Will
of the legislature.
A mode Of GLIDING the intent Of the
contribution has by Tome been fuggeited.
Thefe ingenious gentlemen have dhcovef-
ed thar though the man cannot be remov-
ed from his office, yet the office can be
removed from the man. As if an Office,
could be holden during good behaviour,
and could yet be feparated from the hold
er BY other means than his m~ifbshaviour.
This rare piece Of cunning, unworthy the
integrity Of the American character, will
notferve the purpole of thote who refort
to it. The plain fubborn words OF the
contribution admit Of no fuch evafion.-.
The man does not hold an Office If the Of
6cs be truck from his hands. When a
fuperior, having a right to conma"d, or
dams tha, an Office hall BE- held tor a Ger
tain time or until a certain event, the IN
serior, who by any means forces 'that Of
Zee out ofhis hands before the petied ar
rives, or the event happens, which is to
terminate its duration, plainly daobeys
the order of his hyperion /; 70 when a con-
ititution ozdains that a judge hall hold an
Office during good behayiour, the legiaa-
ture whichWould deprive him Of that Of
fee without mibchayiour, equally difo-
beys the plain mandate Of the coaifitu.i-
ON, whether the illicit attempt be made
by removing u1e man or annIhilating the
Office.
Thoe who maintain the cxiaence OF,
this power in the Legislature, are reduced
to the necefity Of contending l~ubaantially
that where the .confituGon torbids a par
ticular Object, that Object may be effsAed
ciIcuitou1y, though not di1efily tina. a
meafure may Be adopted which by a:ne-
ceaary conlequence produces the forbidden
eRee, although the effect cannot be imme.
dia,elyS produced. This aunwcrthy srti-
fee can impofe on 40 man. All thofe who
read the contribution mutt perceive that it
is the end itfelf, and not the mean effect
ing the end to which that inerunentt at
tends ; and conlsquently all means which
defeat the end rropofed, are alike uniaw-
ystul.
cannot -efeape the mott curfory OBJ.
"ferser, tina, che views Of the contribution
mutt be as entirely defearsd, and the in
dependence of the judges as entirely de-
Aroyed, in allowing the iegi1ature { ode
prive them Of Office by deitroying il, as
by removing them from it. In the one
mode Of the other, the judge becomes en-
tiIely: depsnaen. on the Legislature, who
nay at. will, terminate His official Cha.
RACER. Indeed il would, be a.work Of
more difficulty to feign accutations aga;nt
. an upright judge, in order to juaty his
removal, than to difcover that the public
good require. fome modification Of the
courts, which would flently diplace one
Gt Of men to make room for another.
BIZ, if gentlemen couldGolaee themfelves
undo, shis apparent violation of the cunfi-
tuition by the n,iterabae attempt at ovation
which has been aoticed, even this c%oniola-
ton Is un:ttainabie. ,fhe Office cannot be
put down. !, Is that of ajudge, not Of
this or that circuit, but Of the United
STATES. By the express words of the act
of congrefs, the Judges who perform che
~eireait duty, ARE Judges of the United
States. The Office sobe aboiifhed. j. that
Of ipdse Of. the y. States.
{. HaYe IRE already made fuch progrfs in
aiyac,n ofseafoning which is TO defroy
the coaRisstipa Of cur country, as 70 come
; Is 4 econnclu6on ttiatthe of6ce Of a Judge Of
the United States may be abolifhed by
0lcgiaa,fve aS:<oA aS ,st
Il" q. - .s..k. th~ p,hlscs Al.