Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-02

isa vioission Of the cohtraa and cont fd.
tion. Let me examine This principle and
Zee 10 what isleads. fiji bel tontrst,,
i, i. eduaFy binding ontho Judge and go:
vernmea.--H the words, g hsil hold his
Office during good behavior" mesns, that
the government ihall continue thsso6ee
during that time il matt aifo mean, mn
the Judge lhall gil the Office during that
time, and that he csnnot tefgd without
Gra mibeha wing; which is hot''eqrtey
becauie weknow, that jpdge,shsse reSgh-
ed, ard hayesbcen removed by usort'elisi-
bic appointments, neither fot which could
be done, if the principle be a 1osad one !;
for then the contract operates unequaiiy as
the government is bound TO continue an
Office and the Judge is atliberty 70 vaeate
when he pleaies. IT.. ,terefore, its aeon
traA between the judge and government,
to make it equal, the government fhould
have the right to aboilh.,he Office when il
thought it inexpedimt, and the judge the
right to vacate it ws1en ne thought proper,
and this / hold to be the proper ground.
Bur make material diitinttion between
removing a judge from Office and abolih-
ing the Office the fra Implies guilt; the
latter that the office is slelelsand abolihmg
it imports no blame to the judge sTke
Office is created by ACT Of law ;fthe APP
pointmens to fill it is by conlitutional
authority: to remove judge ewithou.
proper complaint would be wrong, sbutto
aboIth an Office created by lay, when
found ufe!els or inexpediens, would be pro-
per. The gentleman reads further "And
ihall receive for their /'rviets eoaPehf.
ton which ihall NOT be diminiihed during
their continuance in Office IT'S worthy
of remark that the word e,mpevfatim is
not annexed to the word office, but sat-
rached to the word /erviees. ~ .
This evinces to my mind that the ON
peniation is for /trviee, to be performet by
the judges, and not for holding the Office.
Thus when we aboliih the Office we leave
no fervices for him to perform; bu, he
retains his csmmifion which we hsve no
power to wrt 4 from him, and the latter
words 60 to prove il, "lhall not be dimi.
nilhed during their continuance in Office"
The "ord compeniatiox being attached, TO
the word /erv'e< to complete the right to
compenfarinn there mutt he aa office Of
Judge, and feryices Rendered IN that Office.
When this law we are abou. to repealpaG.
ed, this leems to have been the opinien OF
thofe who paasd it. For by legislative
att they abolifhed the diarie court In
TenneiIee and Kentucky, and created cir
cult courts in their ttead, and directed the
judges Of the diltria courts to perform
circuit court fervices. Where, let me ak,
is the difference between our abeiilhing
courts and former majority doing it. !
This take to be the only difference, we
abolih courts and do not order the Judges
to do iervices in other courts. The lat
Congreis aboliihed courts and then ,fc;zed
the power conhded by the contribution to
the PfeGdent and Senate, namely, the ap-
pointment Of Judges in certain newly. ere
ated courts. ,.4a
But it is faid the law of lah felton, is
admitted to be eonAitutioual, and that
we have no power to repealit. Look ut
the iecood fiction Of this law, and coz
pare il with the contribution and no cap
did man will declare it confitusioaal.
The original juridieaion given by TINT
fiction to the judges Of the fupreme
court exceeds thofe intended by the con-
fi,uticn. [Here Mr.. Davis read the
law and contribution Beades this i
think there is an infrattion of the conRi
tuition in the 18th fetiion, as we'll as ia
that part which relates to the Judges Of
Tenneilee and Kentucky before alluded
to. AS to the right of repeating, I can
not heiitate, beeaufe / believe this cea
grefs poaeaes equal power with the for
mer, and that the power Of making ana
repeating laws, are at all times vefed in
the Legislature. If this be not the cafe,
we lcle the benefit, Of experience, the
coIy faithful guide to human concerns.