Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-12
So
JUDICIARY BILL.

fMr. Chibm4s's Sfeeeb esxelsltl.l
Ia the third fiction Of the eonitisa-
ticn. ia further ptoviGoa, that the. p
dicial power of the United State. ihah
be veasd in one .iuprsme ceeeft and in
Iuch inferior courts, o the canerels may
from time 20 time .osa,ips and sppoins.'
TIE iighef judicial authority fhali not
b divides into two courts. It fhah, to
. uie rades ptraie, be one and indiviii-
BE. Iacon6de1 it as imperative to con-
greis to eazbiiih not only tuPreme
court bot ALTO 70 efablifh Tome courts
Of intesler jurildicion, which may be
modified and extended from time to
tine q experience and future expedi-
snce hail dictate, 70 that il be without
violence TO any part Of the contribution.
The words, " as consrefs may from time
70 time, ordain and appoint" were intro
duced with intent 70 tar 70 give diicre-.
tien on the fubjeet. The power of erect
ing courts is here taken for graated, and
is contained in the clauie before cited
from ihe I'd 'iettion fupplied by the &C.
neral clauie by which it is declared, that
sc congress lhall have power to make ali
laws which fhali be neceiiary and proper,
for Carrying into effect all the powers veit-
by the coaftitttion in the government Of
the United States, or in any officer or
deEutment OF the government" can
not sssler!tand it,. TOR how is il poihble
70 to underitand it? that the words, +" may
erdaio and appoint" in their connexion
Imply silo power to abolilh; certainly
it Is not neceiIary implicatios. That
Congrefs are required to make prosiGon
Of interior courts, that the thing i. not
merely optional, is very clear from ano.
ther part OF this iesticn, declaring to what
clafs The Judicial authority Of the Unit
cd States lhall be extended. Tread
,,hat part Of the feet Here obierve
the fupreme court has original jurifdic-
zion in the fmaller number only of the
cafes fpeci6ed; 70 that without provi~
zion Of Inferior courts there would be no
pro,,iion for the greater number, and the
judicial authority inaead Of being extend
ed to all the cafes enumerated, would in
fact be limited to a few only. Let US
now examine the proviGon relating to the
Judges, which is contained in the former
part Of this fiction; a proviGon intended
to feeure to the judges proper degree of
independence. It is declared that the
judges both Of the fupreme court and in
ferior courts, fall hold their offices d.
ring sood-behavior. The judges Of ali
the courts are placed on the fame footing.
The exPrefIioa is not, that they hall con-,
tinue in Office, which might lesm> to be
compuliory, but ihall bold their Offices,
Implying at their option, curing good be-
ha'ior, for a Judge may reign, he may
aecep; place Incompatible with the Office
of judge, as he may on election accept
the place Of ienater or reoreien,ative in
cong7es, by which his Office Of, Judge
would be sscased by bis own act, imply-
ing a re6gnation. The force Of the
exprefior clearly Isl, that no judge either
Of the fupreme or inferisr Courts. 70 leeg
Is he continues to behave well, can be
removed from the office, or the Office
renewed from him by the aef Of any
other. For the expreiiou being general
with one only exception. in the nature Of
aprsyilo, that, he continues to behave
we'll, it's executive Of every power Ell
Their. to remove the judge from the Office,
or, as. has been inseniouay indeed fug-
geRed, OF recovering the Office from the
Judge, 'csu6ng it to vanlh flen his hold
on any other gound or pretence whatever.
IL is "a we'll known 'rrie, that the ex-
preGon OF an exception in any provifon,
excludes every exception BY implication.
Next it follows, and Aall-tthe judges
ihail) at fated times receive for their fer
vices compeniatloa, which ihsll'no, be
dimIniihed during tl.eir- continuance 10
Office. How long fhalt' they continue
to receive or be Untitled to receive. an
undaniniihed cs.nperiation CT ialary-?-
So long as they mail eontinue to hold
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