Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-30
(cancMdeA ]

who n0l1 ta1g c0ngEtiS, OY no salt, eau
deprive judge Of his jalicial capacity.
and the faIary annexed 70 lis original of
.ice: But that congrels may abolnh the
particular court, of which he is the judge,
and trasfer the judicial powers, which.
were exercifed in this court, 10 any other
exiting courts and Judges Of the United
States ormay Create other Courts OF the
fam. or different name and territorial Ii
mits, and yeG the fame powers IL thofe
courts, to be competed Of newly created
judges, or judges already appointed, be.
longing to any other court OF the Uaised
States.
That congrefs can by no la7vtal means,
deprive judge OF his Judicial capacity, or
com milton, and if by their act and not by
bis o4vr neglect, refaEal or miibehaviour,
he is left without any judicial lervices to
perform, they are bound! 20 pay him the
tipulated compensation, unleis he volunta-
1ily reIinqll,hes it, cannon we'll be doubt
e.i by any, who take the contribution as
law, or moral obligation for principle
Of human alton. All 70 far | agree in
the foregoing opinion, that the comm'iil-
= on TO hold fuch coart remains. AID the
falary annexed to it. Bat the contitusi,
4. on Of the Uaised States, by that claute
which fecures to judges their e6fce, during
good behaviour, was furely deigned to
anfver mxc5 higher 1arp3fes than merely
TO entitle him to the Tams and the technl-
cal q nlities aal capaciueiot ajlige, ana
TO the com2enfasion !tiplllred between
him ani the pablic.
Il was plainly and principally dehgn-
ed 70 fecure bin the fuSltansial exercj|e OF
the jadiciaI bo7veri and rights annexed TO
the Office at lis creation: but beyond that,
the ereat-& important end OF the progition
wasl 10 render the judge INDEPEN
DENT oflegilative and executive pow.
er, for the benefit of tFe people and the
States, in the administration Of the
laws.
Once alandon'sb;sg roaad and allow that
congrels may "Trip the judges OF The cour
of the United States ofall their judicial
powers, by abolilhing the courts which
+. they are commaToneato fill, and yglsing
the 4v5ols of their ~jarifietioa to O'6rr
courts aad Judges, {provile1 only the ca
pacity Of jad ge aud the flary in viftne OF
that and the.contraf is conFinaed) | fay,
once eaabliih THIS, and the mott lmPor
tant and mott obvious intent of the con-
ftiturion is defeated.
The judiciary is completely, and II the
foregoing opinion be rue, contltut'onally
, dependent on he qviH Of the kgy2atjve
department. If a judge or any let OF
judges become obnoxious, becauie they
viii no. bend to the dominant party, or
execute ats however oppo(td TO the con-
ititution, AMI they may be removed from
the exercife Of their offices, and their
powers be lawfully trasferred 10 others, tits
iuyain TO talk ofaniaaepends1t judiciary.
Succefiye legilasures will find or make
Judges 70 anfver their views +; and rhoie
who are dJia6si tas in the cafe that has
happened) may not only be left without
any judicial powers of Office, bus even
without la5Gfeaee isfelf!
Il is faii in the contribution, "that
courts ihall be efabiilhed, ard thar IN,
judges both of the fupreme and inferior
courts lhould b9A their o5Fces during good
Behaviour
Whar Is meant, what can be meant by
this, but that when courts are ehabiiihed,
and Judges be appointed for thoie,courts.
thofe Judges hail have rlghf, add are
yeRed with an indefeaib'e power, during
their agood Behaviour, TO bali coarss, and
TO exertys in then, ione judicial pows
ers.
Can 1t be ferioudy eontenled, thar the
judges under the act Of, the 18th Of Feb.
1901, do g hold the Office thereby created,
aad exDreisIv granted IA f5pm 81 rtsiy