Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-04-03

its advocates grayeiy tell us to be calm. to guard
sgainA the danger of our pafions. They tell
Us at the fame time, thar the law they have pai-
fed is facred Inyiolabls Irepealable Docs
II merit this extraordinary character from the
circumssuccs which accompanied its padage
Il does not.
Let US examine how this law was carried
into effett. Members Of the leglsture, who
voted for the pafage of the law, were appointed
10 offices, not indeed, created by the Law, the
contribution having wifely guarded againf an
effet Of that fort bur TO judicial Offices prcvi-
ouly created by the removal or what was call
ed fbe promotion Of judges from the Offices they
then held, to tho Offices newly created, and fup-
plying their places by members Of the legilla-
ture, who voted for the creation o! the new Of
fees. In this fabhitution however il appears,
that no rsipeet was paid to another pfovi6on Of
. the contribution. The 9th feetion Of the It
art. OF the coonituron contains fhefe words,
"no fenaior or representative fhali, during the
time for which he was elected, be appointed TO
any civil Office under the authority of ,he Unit
ed States, which fhall have been created, or the
cmolpments whereof fhall have been incrcaied
dpring fuch time; and no pesfon holding any
Office under the United States, fha be a mem
Der OF either Houie during his continuance in
Office" II vacancits had exiftc6 in the prcvi-
ouAy exiting Judicial eRabliihments, the APP
poiniments OF the members of the legilaturc,
might not be coniidered as direct breach of this
provi6on in the coniiitution bur this was NOT
the fati, no vacancies did cxia. II was ncccf-
hry. 10 make provifon for members voting for
ihc law. thar vacancies ihould he made by the
removal or promotion of the then exiting uds-
1,.a -. IL.
contribution. I'd fiction I'd art. and he 10 viii
; the PreGdent OF the unired Stares. n all nom
inste and ny and with the advice and content Of
,he Senate, fhall appoint ambahadors, and other
public miniAcn and coniols. Judges of the fu.
pIcme court, and all other officers Of the Unit
Cd States. &C. again, the PIehdent fiali have
power 10 fill up all vacancies that may happen
durlng the receis Of the Senate, by granting
commiilons which lhall expire at the end OF
their next felton, How did the then Prefident
tserciie the power in the pEedcnt cafe lie did
not wait until the vacancies fhould happen.
Tie attempted 10 make VACANCIES, by what, he
called, ,he promotion Of judges. although they
held their commifons OF him during good be-
havior,' and without waiting 10 know whether
The Judges would accept the promotion or not,
npon which event alone vacancy could accrue !;
he proceeded to appoint and actually commit
6on members of the leg aa,urc TO Offices, then
actually held by other commif6ons granted 10
other perfons. What was the effect OF this pro-
cedorel That two pcIfops held commillions TO
perform the fame duties, although one perfon
Only was Authorized by law TO difcharge thofe
duties whila the Office, where the promotion
was refolcd, remained vacant. This was aetu.
ally the cafe, 10 feversl oe the diftri6ts ce the
United States. This fu q will be put into
Aill itronger point Of by examining the
journals OF the Senate,w h he was forry to do
for that purpofe. When liicuaing the bill in
the Senate, he fosnd this entry on their; jour-
mails, con motion TO Rrike out the whole OF tho
bill after the words gfrom and after, fetiion III,
line ad, for the porpoie OF inieriug as follows.
e 20 wit) fubetute for the BILL On the
queaion to agree to ,his motion, it paifcd in the
ncgativc--~ycas i3-nays II. he obferved
amongh the nays, the names Of Mr.. Green, OF
Rhode lnand and Mr.. Read. of South. Caro-
lima. Bo,h theic gentlenen received appoint
,peats in virtue OF the promotion of judges I'M
der this law. II thele gentlemen had voted on
,hc oppohte fde Of the gueaion, the law would
never have b,en 10 exiaencc. Rc mentioned
this ci,cun,f,ncr not TO impugn the motives of
any gentleman, bur, TO dcmonarste the tempta-
tion held out to the members of the lcgiAature
under the doctrine contendcd for againif the re-
peal of this law. The rcfnial of the prefent Pre-.
hdcn, 10 correct what was called miiake in
Mr.. Green's appointment, having excited iome
sla,nor, il was necelary TO put that iuhjctt in a
correct poin, OF view.
It ieems that in filing up Mr.. Green's
eomniilon, the word circuit ioitcad Of the
word diRria,' wac inferred il is prefumed
BY miftaks. II the commiinon was iurended for
she circait court. il was breach OF the conAi.
tuition, In its moa obvious letter. II it was in.
tended for the dihtitt court, it was void ab in.
lilo; bscauie at the date of the eommiiiion, no
vacancy had happened, and the prrGdent's right
% appoint depcndedsoa that precedent condi-
tion, and he therefore in making tho appoint
mcnt. attempted to excrciie power he did not
pofTef. IL muR be obvious 20 every gentleman,
that Mr.. Greens accepting the commiGion un-
der all the incidents a,icoding the cgic. could
furnifh bat negative recommendation Of Mr..
Green in his application for thstor any other
appointment. Upon review Of the hiaory Of
she law 10 queaioo according to the doctrine Of
in sdyocstes, the temptation to ,hc lcgii1atnrs,
co make pesmaoent, irrsvocabie provihon for
shemielves NUT he obvious to every impartial
obfcwer. II when Judicial eAabiisAment be
once made, il becomes irrevocable, how eaiy