Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-13

honeay and independence in Office. Ii
declares they G,a,l &c: be removed from
e5Eee during good behavior; nor their
falaries dimisnihed dnrms tbeir cont,nx-
nnee in oGte. From this it retLl:s, tina
a Judge after his appointment, is fatally
out Of the power Of the PRECEDENT, and
his falary lscured againit Legislative di-
minusion, dnrixg bis Continuance in ejdt<.
The f,R of thele checks, wnich protects
a Judge in his Office during good beaa-
yior, applies to the P,sfdfmt onJ, who
would otherwife have potet.ed toe ro~er
of removing him, like all other officers
at tlcg/an Sland the other check forbid
ding diminution of thei. ialaries, applies
to the k,gjQa!urs only. They are two
(sparate and di,tiatt checks, furn''hed 10y
tie contribution againtt TWO diiSinet de-
partn,ents of the government; ara they
are the only ones which arc OF ought TO
have been fnrniihed on the fubjea.
Bat hecauie the contribution declares
.::lat Judge ihall hold his ohice during
go5a 6sk0v:oy, can it be tortured TO mean,
that he fhail hold his ctice after 1t is
sbo:iGed: Can it mean, that his tenure
ihould be limited by behaving we'll in an
Office, which did not exit Can it mean
that an Office may exit although its du.
n
ties are extinct? Can it mean in ihort,
that the ihadow, to wit, the judge, Can
remain, when the iubfance, to wit, the
office is removed !? 1t mutt have intended
all ths!e ablurdit;es, or it mutt admit a
contribution which will avoid them.
That contribution obviouOy is, that
Judge fhould hold an exiting Nfe, 70
long as he did his duty in that oihce .
and not that he n.ould Ihold an cihcc that
did not exie, and perform duties NOT pro-
viJed BY law. Had the contribution
which l contend againa been conten-
plated by thofe who framed the c'nltltu-
ton, i. would have been neceHary to have
declared explicitly, that Judges ihould
hold their Offices and Eaka,if; during good
behaviour.
Such a contribution is not only irreccn-
c;leable with reafon and prop-lety, but is
repuenant to the principles Of the confl-
tuition. 1t is principle OF our coniti-
tuition, as we'll as of common horeity,
that 10 man fhall receive public money,
but in confederation of public isrvices.-
Sinecure offices therefore are not per-
mitsed by our laws or contribution. BY
this contribution, complete fnecurc CT
fees will be created hofts Of conitltu-
tional petitioners will be fettled on US,
and we cannot calculate how long. This
is really creating new fpecies of public
debt: not like any other of our debts,
,ve cannot difcharge the principal at any
fixed time. It's worie than the deferred
ftock; for on that you Fay an annual In
terea oaly, and the principal is redeema-
Die a, given period. But here, you
pay an annual principal, and that prin-
ciral irredccmable except by the will of
Providence. 1t may fuit countries where
public debts are conGdered as public
bleRinss for in this way people might
icon become luper!atively biefed indeed.
Let NE not be told, fir, that the ia
laries in the prelent cafe, arc inconi'der-
able and ought not to be withheld; and
thar the doctrine is not dangerous cue.
I anfwer, it is the principle Contend
againlt and if it is heterodox for one
dollar it is equally 70 fer mIlion.-
But | contend the principle, if once sd-
tnitted, may be extended to deltructive
lengths. Suppoic ii lheuld hereafter hap
pen, that thoie in power lhould combine
to provide handioniy for their friends
could any way 70 plain, eafy and e1ec-
tuai prefens i:ie!f, as by creating courts,
ard ti.lins them with thoie friends :
Might not fxsy as we'll as I6, with ia
Iaries of twenty thoufand inftead OF
two thoulaud dollars, be provided for in
this way!
The thing | trua will not happen. 1t
is prelum;ng a high degree Of corruption ;
but it might happen under the continue
ton contendei for; as the contribution