Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-02-01

lerlor courts Tor the purpole of making way fer the
Preert his conitructons contend is correct; bur
Il - equally pertinent my object, whether be- OF
be not lfit be corretl he prelen5 inferior courts
may be abohihed coz ionaliy th4 lat II X
be not Their the law for 4bolihing the former courts
and eflaelllhing the prefent, unconrutiona and
coniequ'ntly rcPeaIabe.
But independent Of this Legislative contraction on
which do not found my opinion, rely my
argument, there IS little doubt indeed in nv mind as to
the power Of Congrefs on his law. The m fetf on
o. he Sd article, vets the judicial power Of the Unt-d
otaes III fHe iuPreme court and eb inferior
Congres my from hEs tine, ordain and e1abh nv
this claule Songreis may from time time elabiih
interior courts bur IS clearly dlcretional power
and they nay ehablifh them The language Of the
Conttiiu ion IS very different when regulations
leis dcfeuooal,-For example The trial, fays the
ConltltuIon OF al crime, Except in Safes of mpeach
ment) bsH DC by jury Representatives and direct
6 Pal o. applied according TO numbers. All revenue
bills fail originate in the Houle of epreentatives &c.
II would. therefore in nv view, be perverhon not
only Of language, but Of inteects to fay that altho
Congret nay from time to time eablh inferior courts
yet when eabllhed, that they Ba not be a5oihed by
u5iequent Congrefs poGeiIng equal powers. Il would
be paradox in legifaton.
I'D. rs to The ludges.-Fhe judiciary department IS
10 contributed as TO he fuiCently tcured againt the
lmproper influence Of either the executive or iegiave
departments The courts organized and enahlilhed
hy hecuhaure, TX the executive the Judges Be-
lng ~ organzet the contribution III rGs .he p-oDe
checks 70 iccure their honc(ty and independence Of
ice L declares they hal not be remsved from 0Fae
during good behavior, their faiaries dminitheC
dvag i5'y continuance in sa From tIis rclus, that
Jutge, alter his appointment totally of thc
power Of the eLJent, and his faIary iecurcd sgain
leglFativs dmnutOn, d1rqp biz continuance g5fee The
hrt III ihcie chicks, wAch protects Judge hi, office
during good behavior, applies the Pye117 or VI who
would ofhTrwie have pohe0ed the power Of renewing
him AXE ri other officers fieaJarsi and the other
check tC-h ddnF EinInutOn Of ther faarics apDl ~
% tht - flye 9sy They two tpsraye and ditinGt
cteoEsturnnhcd ~ the contribution egainf two d0uct
departments OF the government aud they tn only
ones which a'e or oush; TO have been furnfhcd
Gbjcit
Bu. bccaulc The conritr.ion declares that Judge
tNai hcll ms oes during g} Js5lvgv, can il he uur
IA mcan, tha- INK (la pIj hI- Office ter u II abo-
'thod lan i mean tha, Aist eaurs D1uId w limited
ny behaving well ~ an cfice which did not exit
Can 1rm-An that An Office may e.6 ahhongh It's do
ne, afe e''uc Can it mean nor. thar the llad
dow 20 IT. the Judge, \ rem ana when The uofsnce
to wit, tho Office - removed It NUT have intendd
az theIe ahlurotf-s, it mutt admit a conltru6lon
which viii avold th-m
Trm arpaio,, Cfviouny Is, t+-t ;ui7- fhoa'd
ho .d Az Jamg gts 70 ong be md his duty ia tina
office ani not thai he G0uId hold office thar did
not * 4 and perform dctie provided by law. Fad
The coalsrutt 81 which contend aRainh t-n cortem-
have been neceiarY 80 have declared explicitly, that
Judges houd hold their offices aql faIIres during good
behavior
Such contribution is notorv irreconcil4ble With
Icafon and proPre'y, bat il rtpugnant 10 the prn
cplts VI tht cOnlWtion Il u principle Of cur con
titutcr AZ wei as of common hopeny, that 10 man
lla receive public money, but ia conGder alton Of
public iervi,es Sinecue Offices therefore arc not per-
mued ny our laws or conauon. BY this conAruc-
item complete necure Offices will be created hOGs of
Constitutional petitioners will be fetted on us and we
csnoo' ca.Cuale how ong J his is really creating a
new iTcCies Of public dsbJ like any other of
debts carnot dncharge the principal at any fixed
time. Ibis worie than tie defer Cd ltncl for on
tha T1u pay annual intert only, and the principal
~ r-decmab 4 given psrod. But here, YOU pay
f7 aHrrd yia-ta ana thar principal IRE d enable
oep by the viii az Providence. It may uit countries
where pubic debts con6dered as pubic belfn2s !;
To- N this WY people might loon become Operative
ly hleiei indeed.
Let me not be told, 6r, that the iaa e, IN the pre-
l-nt ceie, uncomfortable, ard ought to be with
hell and ttat the doctrine il dangerous one.
! anfver il j. the principle contend againR and II
4 hctrodox tor dnlar i equally 70 TOR nit on
But csntend the principle, i once admitted, maybe
x;ended 20 dcfruGtive ,engths, SuPPoc Il ihoud
hereafter happen, thar thoe powe' iheuid combine
to provide Handsomely for their friends could any way
70 ain eay and eeGtua prrient i,le 10y creating
courts, and fill ng them with thoc friend siebt not
90 vel 10, with f3lsries Of twenty tnOuisud, in
head Of two thouland dollars, be provided for il this
way'
The thing truf will not happen. Il Is prellming
high degree cf corrupton bpt might happen under
the contradiction contended for the contribution
PERFUMES corruption may happen in aay department Of
the government by the checks it has turnhcd againa
and IS Ihs contraction dses open wide door for
corruption, 1t is BUT far realon,ng to how the dangers
which may grow Of lit; for in ,he contribution Of
all nfruments that which leads to Inconvenience,
mlchie or ablurdty ought to Be avoided. This do e.
rne has another difficulty to reconcile After he law
i repealed they either judges, they Gf
they judges, they b impeachcG but for what
For nal }9aaes il a 0H!y How, would ak, can they
Be mpeaohed for mt-feaiance IL office when their Off
sboilhed They officers but ftil they
Untitled TO the emoumeEts annexed TO an Office
Although they judges, they be guilty Of NAL
Gcafance becaule they have 10 office. They only
qpaf Judges q FIR regards the da IA bur real judges 70
ia CARDS THE Ctay. X nun be the Gryy then, and
~, the dries which continues judge. For my part,
40 not know under what clais Of things range them
They una,knowledged by the letter. Sirit genius
d oar ccEitItuton, and are TO me non doicrp,s.
There is another difficulty under this conltruaion
aff ,f