Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-05-03
LvoLums V.

r rs I1'AtS l~-i ttAEr WAS Tree 10 etalHih AM
revoke, l1oceeIiag legif4ture viii BE eqaaly
free. The latter may DO wh4, the former could
have doae, or il may cado what the forrns-
conld have nbdone. .Bn uulefs il can be main
tin-d, that The power of ordinary leeia4tion Il
10 lal ilhmtahle, incontroulable, incapable NJ
being bound either by Us own ats or ~ the Ill
functions or prohibitions Of couaitution, il wiz
follow, that the cody iayeRed With thai power,
may bad itfelf, and may binl is flccehor 70
that Tf@ither itlef nor its fucceGor can Of RIGHT
revoke acts which may have been once done
To fly that legifl4ture nay bind id.f but
not Its I1cceor. is TO affirm, thar The Ia Ter has
not merely an equal, hGt greater power than
The former, 'ei7 X could not 90 Thst he former
was unable to do. Ed iaIity III power only
viii not flh-e f1r he afglm=ur On the OH
sr hand, 70 AFFIRM that l4g,f ttpre cannot bind
tielt, Is 20 afrt, that there can be no valid
pledge q ;hs Pablo faith, that 90 right can he
veflzd il an injividoal or collection Of indvil-
uals, whether 81 ? operty or of any other De-
icrPtion, VII CD may be returned at peafiIre.
Nlthout doubt 4 Legislature binds itlelf bv all
thoie acts which engage the public faith which
confer en- individuals permanent rights either
gratntoofy d for valuable confederation: and
IN all Lheie initances luc eeding one Is 70 lsfs
bound, AS 10 ri 5et whicn may have been
conferred by an exprels provi6on of the conRi-
rcuon defining the condition Of the enioyments
or as to an iniitution or matter IN IFS nature
permanent which the contribution naay have
confdtd 70 Al st Of The legislature its au-
thority terminates with the aa that yeAs The
right or make the eRahlIhment A cafe, Of
the irit fort, is exempifed ia the Office of A
" rlya i-4 AN
tate, which has been very pertinently mention.
cd as decilive infance Of power 10 a legina-
ture 10 60 Ibing which b-ing done is irrevo.
cable.
But whatever may b the LATITUDE We aIgn
to The pnwef VI legrflature over the ATS Of
prediction, Il IS nothing 10 the pnrpole, 70 long
as it thal be admir- Ell thu the ,cfituton ms
bnd and 1ootroui he ieqiAAure With this
Admit1on. the kmpe enquiry matt always be
has or has rot the condituti1n in the p4rtic-
ular 'rRance, bound the egrlnure And TIE
ioiuuoa mutt be fought ii The Language, nature.
and end OF the Proviiion. # thee warrant The
oonenioa that the leg n4ure was nteadedto
Be oound, it IL pere6 noni-nle 70 reply that This
cannot BE- A. becau'e .ecilunre Cannot bind
Ife'i ny its own act Z: or became the power ot
one leg hAtule is equal TO that Of another-
What hanlh-s this Dropoiuon, if The conaitu.
non has P'wer 70 bind the leg 'aturs, and has
n tatt bounl il in given cafe Can general
rule duPrCve che fact If Al exception VII III iris
admitted may exit If 70, The sr gun1ent i al
ways ready and equally valid 70 diiproye any
limitation Of the leg,a Tive dilctetlon.
mpelled, as they muG De, to dsGa from
\ the ne ot the argument IN the extenGve fenle
u which y has been employed, IF its investors
ihoHd content thenlelves with Tayinr, that ~
Leaf, the principle addnced by them ought to
have 10 much of force, as tomake the execution
70 i depend on an exprefs proviion il nav
be ani"ered, that in th- caf- under conf lera-
tlon, thee i an expfeG proviion.-No Ian.
Su4ge can be more precIie Oc Peremptory than
thus The judges, b0fb of the flpfeme ami in,
terror courts, lhail hold their Offices during good
behavior" 1t this Be not an ezpre(s provi 'ian,
II = ImPo!lble 70 devile one. But he petition
that an exprst5 ProviGon is ncceGtry 10 form
an exception, IS i'tclf uAfoanIed. Wherever II
IS clear, whether oy ciroumfance expreAed, or
oy one 10 implied as 10 leave no realonable
douot' that imitation Of the authority Of the
ieg'nAture was dslgned BY tie contribution, the
iutention ought to prevail.
a very trong confirmation Of the true intent
or the Provition REFRESHING the tenure ofiudiciai
Office reiults from al argumsnt by analogy--
10 eAch Of the articles which eaabllh.s any
Branch OF the government, the duration Of oGi,s
Is a prominent feature. Two years for The
houie Of representatives, OK for he fsnate four
for the Praiideut aud vice pref jent, are the re-
1pet;ive terms Of duration and for the JUDGES
the term Of good behavior j. allotted. Il IL
Preiumabie thar each was edabIilhed ia the
fame iPirir, a point material 10 the orgaaiza-
ton OF the government aud of nature TO b.
properly tun larnental 1t will not Be pretend
81 that the t1ration IF office pretended ~ %
any other department, IS within the reach oF
legihluSe dhcretion. And vhy fhall that of
jud'ciA officers torn an except on Why Hal
tae eohitiution Be lnppoisd iefs tenacious of
lecurins to iii, orga1 ct toe foveregn power.
hk-d duration han to any other III there b.
any hing whieh oughr 70 be i1ppol.d to 81
peculiarly excepted oat Of tie power of the or.
binary legillitu :. il u emphatic ally toe organ.
izAtion a the fcv-i al cocG.u.nT departments
q Eovernmcnt, which II Cur fyaem are the le-
2iiiAuiee, executive ani judiciary Raj ms Of
5ls mott cogent nature recommend that the
tdbiiity snd Indep -ndtn,e ot the lat OF theft