Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-16

WOulO nOt tnS YsCiVSot'S VI NJ -
been aboliihed altogether win DOT FAY
that the honorable member has been Pc
culiariy unfortunate in the employ mem Of
this argument, becaule, FIR, il appear to
me, that mott TO which be has had fecourik,
when juitly- confdered, have opssatA =
gaina the .cauie they were dehgnsd sctpP-
port.
The gentleman tells Us tina. theconfito-
tional ,proyiGon on this iubjed gas s.kea
from he fa,ute Of Willian,. " an
fwer me this plain queAion {? Why do We
find omitted in the contribution, that part
Of the aatutory provifon, which allowed
the judges to be removed upon The addreis
of the two branches of the legllature!
Does he foppoie that the claufe was not
oblerved! Does he imagine that the pro-
vi6on was dropt through inadvertncy!
Will he impute 70 grofs neglect 70 an
inftlument every fentenee and word, and
comma, of which, he has told US was 70
maturely ccnGdered, and 70 warily fettled.
No, fir, it is inpofible; and give me
leave to!ay, that if this part Of the con-
fitution were taken from the eatute tand
the gentleman from Virginia mutt have
better information on the fnbjeet ,han l
have) that a aronger argument could
not be adducea, to~lhew that it WIS the
intention of thofe who framed the cOnai.
t4tion, by emitting that clauie in the ia
rute which made the judges tenants oftheir
Offices at the, will Of Parliamept 70
improve IN This country, the aHsliih
plan of judica,ure, by rendering the
Judges independent of the legila,pfe.
And / ihall have occaGon hi the courae
of my ohierva,ions to thew, that the
Rrongeft reafons derived from the ma.
ture Of our government, and which do
not apply to the Englilh form, require
the Improvement to be made.
Upon this point, Cir, we may borrow
few additional rays Of light from tie
contributions of Pennfylyania, Of Della
ware, and of iome other eates. In thoie
itates it has been thought, that there
might be mifcondutt on the part of
Judge, not amounting to an imfeashable
offence, for which he fhould be liable to
be removed. Their contributions there
fore have varied from that Of the United
States, and rendered their Judges liable
to be removed upon the addrefs OF tsve
thiras Of each branch of,he legiila,nre. Does
i. not ftrike every mind, thar ie was The
intention of thoie contributions to have
judgments independent OF. a majority OF
of each branch Of the Legislature; ane /
apprehend ALTO that it may be fairly inier-'
red, that it was underaocd in thoie 1ates,
when their contribution was formed, that
even two thirds of each branch OF the le-
eilla,ure would not have the power to re-
move Judge whole tenure of Office was
during good behavior, unlei' the power
was exIreisly given to them by the GEN.
ftitution. i cannot we'll conceive OF any
thing more abfu1d in an infrument de-
iiened to Taft for centuries and to bind the
furious psf1ions of party, than 20 fertify
one pats to Judicial independence, and TO
leave another totally unsuatded again&
the vioIenee of legislative power.
1t has been urged by the seutleman
from Virginia, that our admiaion that
,consreis haa. power 10 modify the Of
fee Of judge, leads TO- she concIudon,
that they have the power to atoliih the
Office. Becauie, by raring away their
powers they may at length reduce them
to ihadow, and leave them as humble
and as con,e.ptible as a court OF piepou-
DIRE. The Office of Judge cniiAs OF
judicial powers which be is appointed to
execute. Every law which is paned in
creates or dim,niihes thofe powers, and
10 far nodi6es the Office /; nay, it is CON-
,etent tor the Legislature to pFeieribe ad.
1itional duties o, difpenfe with um ecef-
fairy iervices, which are connected with
the Office Of the judge. But this power
has its bounds. You may modify the Of
fee to any extent which Goes not affect
the independence of the judge. The judge
is to hold the Office during good behsvi.