Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-13

81 dIteis, TIE IeS!ll2tuIe nave Il" pc"-
er to leaen judges falary, even to the
amount Of one cent. This refridion
NUT refer to the Legislature, as they
alone have controul over the funds Of
the government, for the rule Of law is,
" that is certain, which can be render
ed certain" If, therefore, this claufe
rearains the Legislature from even dimi-
mining the faIary Of the Judge, 4 for
tori, it prevents the removal from the
Office itislf, as the word, competing the
whole claule are equally Plain ard esprd-
five. Thus then i, appears At leatt to
| me, by the plain ard obvious contribution
| of the words of the contribution, confrm-
ed and explained by the makers of it, that
all the Judge, have right to hold their
Offices during good behavior, ard that the
Legislature as creature of that conltitu:
ton, cannot by any Legislative act, re-
move them. The gentlemen, who sdvo-
cate the refolution, in upport Of the mea.
fure, lay that Virginia, Maryland, and
the laa congrefs afford examples Of L.
gilature aboliihing courts, and removing
from Office judges, who under conRitu-
ton held their appointments, as in the
preient cafe, during good behavior. Let
US examine the fact and fee if they ap-
ply. Virginia had general court, with
common law iur;idietion. which extend
ed throughout their fate. court OF
chancery with equitable jurifdit,ion,
equally extenGve, and court Of admit
rally the judges of theie three courts,
conitituiea the court Of appeals. About
the year 1857, the Legislature of that
Gate found it neceaaIy 10 efabli!h cir
cuit courts, and in the law, enacted,
that the judges Of the court OF appeals,
hould be the circuit Judges This law
the Judges refufed TO execute as uncon-
ftitutional, and faid, they conidered
themfelves as forming one of the thres
pillars on which tie great fabric of
government was erected, and that, when
this pillar was endangered, reGgnation
would lubjea them to the repreach Of de-
iersing their aations, & betraying ths "a
cred intereas Of iociety intruaed with
them that tn: propriety and necetlity Of
the independence Of the Judges, is evi.
dent in rsalon and the nature Of their Of
fee, and that this applies more forcibly
to exclude dependence on the Legislature,
a branch of whom, in cafes Of impeall-
ment, is itielf a party This was the
opinion formed on the law, by the then
judges who were iome of the ablea law
yers, and greatea &atefmen in the
Unicn. l believe the event was, they
projected againtt the law As unconfitu-
tional, retigned their Offices, had the re.
Ggna ions recorded, and Afterwards were
appointed circait judges. If this fate
ment is correct, which I prefume in iub.
fance it is; can it be iaid, that it af.
fcrds an example that would jufify, or in
he i'nal!ef degree fupport the principles
of the relolution !? In the cafe Of Mary
land, l have not had full information,
therefore, I cannot decide. In the cafe
of Tennedee and kentucky, the diftria
courts were abolilhed the judges were
not removed from Office; but by law con-
tinued as circuit cour, judges with ,ddi
tional duties and additional ialary of !
900 dollars each. They neither vacated
their Office, nor had to take new oath
or new commiliion; therefore in this !
cafe, there was no violation of the con-
ftitution. But to fun the buhneis up,
the cafe of Virginia, is againlt them
the cafe of kentucky and TenneGee, |
not in point, and Maryland, fhould it |
afford an example, is the only and
iolitary one. But let US now fuppoie
for argument fake, though the fact is
otherwiie, that half Of the fates in the
Union paGed fuch laws; if tho(e laws |
are founded on wrong and uncontitu-
tional ground, anould they be precedent
for US !? Surely not. If they are found |
ed in error, we ought to correct and rot
continue the error. Some gentlemen
have faid, although We cannot remove
the Judge from the Office, yet we can
remove the Office from the judge
y