Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-24

the iuriidictions and duties Of their courts
10 ad,nif anysdiipnte on thar polrt; they
NUT thew Is the true line of ilfinefionE
between the Office ofa Judge and the duties
belonging to il, that while we 90 our du.| 1
" il relation 10 one, we need not oyer
leapthe bpunds Of the confitution in Fela- q
ton to the other. The truth IS, and 4
am ready 10 admit it, the officer, the Of
fee, and the dnties Of the Office, are iepa-
tate diRina things anofiee'nay be thus
,de6nedss "A place created BY the legii-s
lsture, for the purpole Of having iome
perion placed therein, TO diicharge lnsh
duties as may be aligned 70 il the place.
created is the offiee J; the peffon placed Ia
it the officer and the dates of the office,
the ftrvices to Be performed, be they
more or leis. Suppole your public debt
all discharged, would the loan offices eli
tablilhed in the feyeral Rates for the pur
poie Of aiding the difcharge Of that debt,
neceiIarily be aboliihed I take il nor.
The duties Of az Office are the reafons
which induce tie leginatnre 10 create the
Office, NOT the Office itielf. Congreis are
the fole judges of the quaatum Of duties
ascefary to juaify them iascTeating an
office, and when the office is created, It
remains, let the,amount Of fsryice afign
ed be ever 70 fmall, until abolifhed by
the power creating It. Should any OF
your courts render themislvss obnoxious
TO congress, BY deciding their laws an
conaitutional, what is to be done Take
from them all rhei jurii5ittion civil and
criminal, and transfer it to ether courts,
who viii decide more IN Nion with your
own opinion by this neaiure you remove
every obitacle which the Judges by de-
claring your laws unconstitutional, might
throw in your way; will il Be fad if
fhe office apd falary remain, ConSreis
VIII never take from the courts their ju-s
nldiaioni If ihould become an Object
of magnitude, they cestaiaIy would -;
wherever evngreis have The powersoast
and the doing Of thata4 wopId, in the
opinion Of congrsis, be Promotsss Of the
public interelt, that power is immediately
converted into duty, and the obligation
relting onstIenn to do IKE thing is in1ap
Aasie. How, LAX then, isth,s ccnaruc~
tioa ofshe contribution, which gentlemen
contend for, 10 end In fome enlbafran-
aaent Of the segiilsture, but no rofible adj
vantage 10 the public; il terminates in a
mere perfonals advantage Of the judges,
they hold their offices TO preierye heir Ca
lsries will this be thought q wife and
national proviiion The Office was Great,
ed becaufe there were dufies to.afign 70
IL, and the falayy was given for the dil-
charge Of thete lersices. Congrels have
!een cauie III a conAitutionaI mode to dill.
penfe with thofe fervices / ak then
ought not the Office to be abolilled, and
The falary given up, the maxim is, all
compenfations given TO public agents Of
every defcription are upon The principle of
rendition OF iervices and not as finecures.;
inthis view { { the fubjetf will congreis
concefyeit their duty to appropriate mo-
ney for the payment OF their falaries 3,
Will gentlemen, thefriends ofthofe judges
aik III Will the judges theInfelves re-
ceive it, cannon FAY what the feeling
of Others may be; butfof myielt, at the
ft i hing forth my hand fol fuch purpoie,
ne iufuGons of flame would redaen in my
tace 81 fhouId-blulh from conlcioufnefs !
guilt.
Mr.. Chairman, I ihall fay a few words
in anlwer 10 iorne obleryations advanced
By the g ntsenan from Delaware he faid
we coaldsros do thar Indirectly which we
could NOT DO diaectly; meaning, | fup-
.ooie, fnce we could not remove the
Judges from their Offices without aboliih-
isg them, we could not abolilh their
Offices and thereby do it. This propof-
ton is 70 far from being true, that the
.convefie Of il is nearer true, We cannot