Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-28

III the gOVtIINhCiit, SoiiNSeAsSAy
Of the lovereignry, fridly and techinally
1peaking, that = public officer holds his OF
flee. :
IF this view Of the matter be jua, the
BATS Of the argument, il point Of tact,
fails; and the principle Of il Nuggets an
oppofte conclufor, namely, that the con-
dition Of good Jebavisr is obligatory on the
whole government, and onght to operate
as barrier againtt any authority by
which the displacement Of the Judges from
their Offices may be, directly Or indirectly
effected.
In the fame fpeech much arefs has been
laid on the words g during their continu-
ance in Office, as implying that the COM
penfation of the judge was liable TO ceaie
bya Legislative difcontinusnce Of the Of
flee. II the words had been during The
Continuance mo5aee, the argument would
have been pertinent; but as they fand, IA
different inference, if any, is TO De drawn
from them. They feem ratheIto relate
to the continuance OF the ob5re, than to
that ofthe ebsce. But in truth, an infer
ence either way, is a pitiful iubtili.y. The
clauie is neutral; itsplain and GIsple mean,
ing being, that the Compensation ihall not
be diminilhed while The Judge retains the
Office. Il throws no light whatever on
the quelion b040 k< my l0sgjalb rSG/f 10
pWg5a.
Another point is preaed with greater
earnefnefs, and with greater pIauhblllty
Its this that the contribution mutt have
intended TO attach recompence to fervice,
and cannot be fuppoied 10 have meant 10
befow compensation, where, in the opini-
on of the Legislature, no folvice was necef
fairy. Without doubt, the contribution
does contemplate ferviee as tie grcund O.
compenfaticn; bat il likewite takes il fer
granted, that the Legislature will be cir.
cumfpea in the innitution of efices; anc
elrecia.iy, that it will be careful to eaab-
lifh none of a permanent nature, which
will not be permanently uiefal. And with
this general prefumption, the eonititusion
anticipates no material Inconvenience from
the Fermanency Of judicial Offices como G,
ed with permanent emolumenis, And
though ii ihouid have fcreieen thar cafes
night happen in whichthe iervice was not
needed, yet there is no difficulty what
ever in The fuppciition thar il was willing
70 encounter the trivial contingent evil q
having to maintain few fuYerfuous eff
GERS, in order TO obtain the imlnenie good,
of eaabiiihins and fecuring the indepen-
dence Of the courts of juaice. A readi-
nefs ofthe officer to render ieryice to tic
will Of the government, is the conGdera-
tien as TO him, for continuing the CON-
peniation. But the e1ential inducement
is the public utility sincident to the indie
.pendency Of thejudicial character. AS
TO the fuppoftion of an. enormous abufe of
power, by creating long lift Of finecures,
and a numerous holt Of petitioners; when
ever fuch a thing lhaii happen, it will con-
ifitnte enc OF thoie extreme .cales, which, on
the principle Of neceGity, may authorize
extra conltiturional remedies. But thefe
are cafes which can never he appealed to
for the Interpretation Of any contribution,
which, in msting out the power Of 60
vernment, mutt be luppofsd to adult them
on the preiunp tion Of a fair execution.
a further topic Of argument is that our
doctrine would equally rehrainihe legiila-
s,urc from aboliihing offices held during
pleafure. But this is not true. The two
things aaud on different ground. Fira,
the executive has fuch an agency in the
enacting of laws, that as a general rule,
the difplacement Of an officer cannot hap
pen againa his pleaiure. Second, the
pleafure OF the PRECEDENT, in all cafes ROT.
particularly excepted, is underaood TO be
}abjea TO the direction of the law
Third, an officer during plealure, having
merely revocable interetf, the abolition
90 q