Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-27
VOLUME II.-NUMBER IS.

dered the competent tribunal lays, there u none
required. OF caurie, no compensation acerues.
The judge Is eniiled 90 rcceise none. On this
point, an obvious and moa important difference
Of opinion exits between the two 6des Of the
(. committee. On one Gde il j. eontcpdsd. thlr
the Office is the yraed properly OF shc judge
conferred 90 him by his sppointments and that
his good behavior Is the CONFEDERATION oi has
compcniasion /; 10 ieng therefore ss hisgood be-
havior exits, 10 long his Office NUT cpnlinue Ia
coniequeo,e OF bis good behavior. aud that his
compensation his property IN virtucof his of-
fee, and therefore cannot be taken away by any
authority whatever, sIthough there may be no
feryice for him TO perform. nthe other hde
IL is commended, that the good behavior ~ noe
the confederation upon which che compenlation
acsrues; but iervicts rendered for inc poblic
good and that II The office isto he conlde,ed
as propcrty, IL 10 property held In truh tor
tho bcncht OF thc people, and mutt therefose be
he'd, fuDletl 90 ,hat condition, Of which Con-
ereis is the conRitos,oua Judge. Mr.. q. iaid,
canGdrrirgl the boundary line hctSeen ihc!e
corA;sting cpnions, TO be the boundaev line
between Offices held for public utility, and Of
fces held for pcrfonsl favor, he could 'sot be-
ao~ TOO much attention upon this part OF the
diicufion; for il the contraction yentlcmsn
contended for fhould prevail, in vsin have thu
trainers OF the contribution with 70 much jeai-
Gus c;rcomlpetiion erected 70 many rampars
sgaiais thrsirnodutiion Of fome Of thcie Offices
H. the gosernmcnt OF the Uuircd States. a
iiaocure cfice 10 zr,ofiicc held wi.hous the con-
dilion OF tcryics of,sn for paQ fcryices steady
compensated often Cor preient favor. withc.s
the condition OF any fcrvicc. For the purpoi;
of excluding from she federal gcvernmsnt all
Gaccasc oaiccs, The FACES who formed the con-
Nitution have thfocgh every part OF IL connect
ct irrvicex and computation. aud they ought
never 10 be separated in conlsotlion. The 9th
fetlion of the ~ art. s-in ,befc words. The
fenafors and Representatives illa receive com
peofAion for their lervices TO be alcertaincd ey
Law. &c. ard 10 far has this principle of the
rendition OF fcsvice hern carried !, t5at The FER
vice of the Senate and Representatives il 10 ho
rendered every day, sod unIeis they do daily
render iefvicc, they a,c not ehttIrd 20 their
days compenfarion. 10 the III frttion OF th;
al art. OF the conhitution aic thef- words. 'thc
Pregdent fhsll at nztcd times, receive for Ills
fesviccs compensation. &c,' 10 the sd art. 1T
fiction, arc thctc words. and fhaIl TO VIII. The
jidgcs ihs at fa'ed times, receive for their cr-
VICES compsoimion, &c.'. In ,hs 4iit trffion
Of the atl under which the judges claim their
compensation are thcfc words, that each OF the
circuit Judges Of the United States, 90 be sppoint-
ed by virtue OF tkis act. ihs!I I've allo~cd 30 n
compcnfation for his fsrvices, &c. Thefe ex-
prciiens all demonnfate the importance Of coup
ling The ietvicc anil compensation Of oficcs Bat
the jealous ,suirn of the frsmess Of the conhi-
tu,ion did not aop at cbooGng the 5cR afirma-
rive expsefion for excluding this doctrine OF
fnecore ofEces, they ALTO applied negative &c
iirsints.
Inthe 9th fctlion of the frt article Of the
con,itution, arc tbcfc words, I" NO money 1ial
be drawn from the trcafury but 10 consrquencc
appropriations made by Law" 10 the isrns
fiction, "No title Of nobility fhAll bc granted
by the United Statt,, and no perfon holding any
Office OF profr or truf under them, ihail, .iih-
out the content Of congtefs, accept Of any pre-
feat. emoipmcnt. Office or title of any KIDD
wherever from any king, prince, or iofciga
State" II then fcIvices rendered for the pub
lie benefit. be the efso,isl confederation spoa
which the conpcniaion does sccrue 70 the
judges, IL the congrefi be the proper tribunal
for psoncuncing upoa the neceiIity or utility of
fach icrvice, and il they decide that fush FER
vice 10 nee, iIsry or ufcfuI the jodge fnfsjns no
injory in not receiving the compcpiation be-
s0uis ''S "'Ss"Dt So''P'J WI" '''N ~.'''''''~, -
his part, nor does be iuaain hsrdihi2 thereby |,
becsufe il mpa bc p'efnmed ,hs, he undefRocd
the conditions attached TO his Office al the tinc
Of bis acceptance. II has been admitted by all
gen,lepcn that congrefs Is the conaiiufionsl TIL
buaaI for dcciiing. rcfpetsing the fervice' 90 bs
pc'fumed. They admit that congrefs Iaay
modify the ccurfs, diminih or add to their du-
ties, sher the term. Of their feiions OF mike any
Other arrangements fefpetsing them whi'h es
NOT 20 70 take sway or diminifh their ccmren-
fs'ions. IL is to be obfervrd that there Is no,
one osshefs powers fpeci6sd in the contribution.
they ave therefore nscefsry inference, sfom %
paramount power, 80 orjain ard eesbIi1l,"
ane the power Of seresI or 70 take away al ihs
fs,viccs to be performed, 10 ss pectga'y AZ inie-
renee, ~ eirbrr Of the Others. ard h 8 cnisorrly
fefa!ted from every other irecihsd posef 20 ths
confifution. From this par Of the kn'ee!s.
therefore, I, il detucibe; thar the on'f rs.ir'.nt
upoo she gcoefd power given 9, coraie', " tne
krl part OF the fettion 4, ordsin and etsbyih
e ,us,s a that the compep i1floGs Ct the Judges