Jenks's Portland gazette., 1802-06-14

ut be fuppoled adult them on the prefump of
fair execution
further topic Of argument is, that our doctrine
would equally refrain The legna ure from abol lne
Offices held during peaure. But this is nu true
The two things Rand on different ground Firit. the
executive has uch an agency n the enacfng of laws,
that, as general rule, the dpacemenS OF the officer
Cannot happen aganf his pcaure. Second, the plea
lure oi he Prehden IN all cafes not particularly
Gepted. Is undcrood TO be fubject he dire Gtion Of
the law. Thnd, an officer during pealure having
merely revocabe niereR the abolition of his Office
Is no infringement OF hrs sht In iublance he is
tenant al b. 1OWsf tie gavasa', liable be dlcontin-
ued by he executive organ the form of removal;
by the legIAature in the form Of abolition CT the
oftce Thefe different eonfiderstions reconcile Ihe
leg lit authority 10 aboih with The prerogave of
the chief maglt ate, remove and with the tempo
Tary right OF individuals hold. And therefore, there
is reaion aganh the e1erciie of iueh authority
nothing 70 form except 10 the genera! npesncy
be igaf're PovVer frovsde FIR tbe ba54s zrrJae We
ry different is The cafe the judges The mof per
tuaIve motives Of public policy, the ialety of liberty
iheif. require that the judges iha be independent OF
the le2llative body, order maintain tftctualy
the Separation between he eVeral departments. The
provhon, that their comPenfanon 1lali not be dimin
iihed Is clear contiitntIona! indication, that their
independence inteaded be guarded asainit the
legilature. The eSPrefs declaration that they fha
hod heir office during good behaviour, that up N
condition d9eadtat tbsnEivn is repugnant The
hypothcis thet they lhail hold the psejare @
Others. ProvEons which progrels TO confer nights on
lad vIouss are always Cd 10 liberal interpreta
ton ia lvpPor. ofthuie tights, and ought not with
out neceflsy, 10 receive Interpretation ubverhVe
OF them Provifions which refpeGt he organization Of
4 coordinate branch OF the COVE nment, ought be
conflrued IN fuch procure for II, TIA
bility aud efficiency, rather than in fuoh
renders II weak, precarious, and dependent. Theie
various and weghty realons ferve 20 eiabliih rong
lines OF determination Setween judiciai and other of
GERS, and prove that inference be drawn
from the power of the eeAature the latter, which
I will be app icabie the former.
One more defence Of this FORMIDABLE CLAIM is at
tempted to be drawn from the exampe of the judIci
ary efsbIiihment of Great Britain. Il is obleTved
thzt this thablifment, the theme of copiUu tulogy
account OF tac Independence OF the JUICES, places
thoe officers uPon oouGg far els Il m than vii be
thar Of the judges Of the United States, admit
ting the right Of Congres sboih their officers by
sbohlhng the courts Of which they are members
AND proof Of he sf1etion il IS mentioned that
the Englifh judges removable BY the Kiug the
address Of the two houles Of Par ment
All tbs might be very true, and yet owe nothing
S what is or ought 10 be the conTuction of our
contribution this point. It is plain from the pro-
vIhon relpectng compentation, mat the trainers OF
that csniiTuon intended 10 prop the independence OF
judges beyond the precautions which have been
adopted Eos and IL reiPect 20 the judges Of that
country and intention, apparent IN .his parteu
lar, is an argument that the lame iput pay have
governed other provGor,. Cogent rtalons have been
aligned, applicable oGr iyaeui, aud not appOcAbc
the 5ritlh lyaem for iecuing the independence Of
judges agsln the legavt, as well a. againit the
e1eou i've power.
|. is alleged hst the natute OF Creas Brain of the
a of William III wa tie mode from which the fra
OF conlnution copied the provlons for fhe
independence OF judiciary it Is certainly true,
that tAe q tenure OF office during god bshv our,
found IN ievera Of cur Son,u.Ions borrowed from
sk.(, rhaf he mars fat he
federal iytem did mean 70 conine thehieves 70
| that nlocel Hence the retr OF the Legislative
dneretion, compenia on ; hence the ohiilon OF
the proVion for the remcv2 OF the Judges by the ex
ecuve, the app icatIon of the anches Of the
| legInature; prowhon which has been initiated IN
/ fome OF the hate governments.
TINS very omion afford light inference that i;
the intention depart from he principe OF max"
ing thl JUDGES table Ersm othce by the cooper
! nierpoiIun OF he Leg'Gative body Why
eife this qualification OF the rmanent 'enue OF
Office, Which forms conp cuons feature IN the Brit
in Statute and in ice Of The Gate Contributions drop
ped in he plan Of the Federal Government
The inlertion Of tho Britilh itatute may afo
be iupp0led have been dictated by the oPIn'on,
thar without fpecal refervaton, the words 6H'ig
good bbaviaEy wouN have imported rrevokahle tc-
Il 10 the prccaution will tervs TO toriy our
conitIuetion
But however may feem in theory, in faa, the diff
ference in the genius OF the two governments would
tend reader the independence OF the Judges more
lecure uuder the proyifon ct The Brih itaute, than
would be in this country upon the contraction that
| allows TO Coneres the right 10 aboliih them. The
reafon is ths-froni the Contribution Of the Britih
Monarchy the thing chiefly to be apprehended is al
over rbcsring influence of the crown upon the judges
The jeaiouly OF executive influence reiHg upon
powerful motives in that country than in th, Il may
be expected to operate as ftronger o5hsee there,
| than here; improper combii atom between the
Executive and Legislative Depai itmens TO invade the
| Iudiciary.-M Morcover, the BrSfh Executive has
greater means Of rsfflins Palsm airy controu, than
an American Executive has Of relitng the controu OF
! an American Legihature conlequently the former
would be in eis danger than the latter Of being div
en- 10 a in meaiures hottie TO the inde-
pendenee Of the judges and in both heie way there
would be greater itcurity for the Biuh than for the
American Judges.
hus is il f-h, that in every attitude in which
the ia Jet has been placed the argument IS victorious
aeanft the power OF Congrefs ahoiith the Judges
Rt what aa. av,s the dem nfl alton Of hi innor-