Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-26

The conpenia.ion of the judges : / do
not mean to contend that The otnce OF a
nudge IS 10 outIive the conlitutisn.
Every officer is removable By charge
OF that part of the contribution On which
his otHce depends if by an event the
contribution lhoald be entirely dilolved,
all tie officers will revert TO the common
MATS, and the people maa again begin
to build up the government. Il has been
laid that our contribution exhibits the
abfurdity of an Office without an Of
hces quaGa Judge, entitled 10 his taIa-
ry without any duty 10 prtteTm, and the
itrsnge phenomenon Of an officer not
amenable TO your laws and ycuI coni,ttu-
tion, or to the people. Ihele eoterva-
tions amount to nothing 'hey are ok
ing that as a data given, which is the
only thing to be proven; for the ioie
queiticn is, can al Ipihce be taken away
from a Juice l think no perlon Will
ieriouly contend that the fIa..css OF tie
contribution have intended thar man
ihould be untitled to his falary, when he
was not in the potIeliion of his Office !;
indeed the words in the contribution C.
not embrace the extent OF the propoGsi-
on; the words are during his continu-
aote In Office.
In regard to the main qpeion, Mr.
ca irnian, | will IN III, frt place rrac
the oh and 10Th amendment to the conlti-
tuition.
*. The enumeration, in the coafi
tuition of Certain rights, hal NO, be con
trued to deny or dill parage oshelS, retained
by the people.
X. The powers, not delegated to the
United States, by the conttisuuon, TO.
prohibited by it to the itates are rcie,v-
ei to the hsses relp-ctisiy, or to the
people.
The queaion is between the people Q.
the U0ied States and their rulers. r.
behalf of the people it is con;cnded, that
the power you are about TO exerciie docs
not belong to you, but ,hasir was Teicry-
ed to the people at the formation CT the
contribution; the rulers fay no, the power
belongs to us, and we can ana will exer-
cifc, whenever we deem it expedient. |
fubmit it to the confederation Of tbs he
norabe committee, if in fuch a cafe there
ihould be reaiorable doubty whether it
will not be mott delicate and Fate to let
that doubt operate in favor of the people.
We are not here, Sir, cloathed with the
full power Of. the American people, we are
here in a circumicfibed fphere, exerciGng
limited power. The people are the
original fountain Of all power; we only
poaefs part of their power. Bearing
confantly this view of the iu5jeet in our
minds, many queG;ons put may be readily
anfwered. AS, when it is aAed, is the
creature greater than its God ? cannot he
who makes, defroys has not one legila-
tore as much power as another? As to the
two tira, the idea is correa, when applied
to the original power; 1t is correct or III
correct when applied TO limited power,
according to the words and meaning ct
the inttrument giving that power; the
initrument giving power to congrefs has
inhibited the power, which has a right to
create, from deftroying, as in the cafe of
the faiary Of the PRECEDENT and the COM
penfa,ion of the judges; the preGdent and
ienate alto have the power to appoint
judges, but not to remove them; and the
queRion is, does not the inarument civ.
ing power to congrefs refrain them from
taking away the Office OF judge, a, in the
above initances, giving power to create
and not to defroy. As to the eueaion,
has not one Legislature as much power as
another | anfwer yes; both deriving
their power from the fame inttrument mutt
be prcciie'y the fame +; but this proves
nothing until i, is ihewn that any legila-
ture Can take away tie Office Of Judge.
Many other ideas advanced on this lub.
;ett are predicated upon the iuppofed a.
bufe Of power, and ifrike a. the very ex-
iRence Of written contributions, and tend