Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-02-01


Nor had Mr. Mafon, ever heard any one hardy
enough 10 deny the PropFiety of its oblervance.
He well recole6ed that among the gri-van
ces, - b had ROUTED US into an af-rtion of
our Independence of England it was declared in
the in1rument Altering that independence
= that the crown had the appointment OF jud,
ges dependent on its will and favour"
From all thele circumstances he concluded
that the people Of America, when they formed
a fylem for their federal government intended
10 eRabliih this gre4 principle which in ev
cry fiction, recognized or referred to it.
The conIttution, in the contribution Of the
executive, legislative, aud judiciary departments,
had aligned 20 each q different tenure The
PreGdent was cholen for four years the Ser
ate for fix, fubje1 70 prelcribed rotation bien
nialy the Houfe Of Representatives for two
years and the Judiciary during good behav
Tor. 1t iays to the Preident, at the expir4-
zion Of every -four years, you lhIll revert to the
character Of private citizen, however fpl-ndi
your talents or cooGpicious yeur virtue. WY /?
Beczute, you have aligned to you powers whi1h
it is dauge Gus to exercife. You have the pow
sr of creating office, and officers. You have
prerogatives. The temptation to an abule of
your power is great. Such has been The u.
inform experience of ages. The contribution
holds the fans language to the Senate, and
Houfe Of Representatives. sit fays, it IS nece(-
hry for the good Of iociety thar you lhould al
70 rever, at ihort periods 10 the mafs of the peo-
pie, besaufe 70 you are confgned the mott m-
portaAt duues Of government, and becaule YOU
hold the purie ariugs of the nation.
70 the judiciary: What is the language ap.
piled 70 them The judges are not appointed
for Two, four, or any given number of years !;
but they hold their appointnlen' for life, unlefs
thay milbehave themleIves. Why? For this rea-
ION They are not the depoftares Of the high
Prerogalives Of government. They neither 4P-
point to Office, nor hoii the pulf- Anng> Of tie
couorfy, or icgllr- for it. They depend entire.
ly upon their talents, whichis all they have 0
recommend them They casot therefore be
dilpofed to psrvert their power 70 improper pur-
pUles- What ate their dntie. To expouud
and apply the laws. To do this with ieiity
and ikill requires lergth Of time The Te
quite knowledge is not 10 he procured in dIy.
Ihele are the plain and Rrorg reafons which
NUT itrike every mind, for the different ten,
nre by which the Judges hold their Offices. and
they are fUch a. will eternally endure where ev.
CT liberty exits.
On eEamination,it will be found that the peo-
PIE, IN forming their n'ti lion, meant 10
make their judges as independent of the legia4
tnre as OF he executive. Beaufe the duties
which they have to perform, call upon Them 10
expound no; only the laws, bat the conailurion,
alto N which is involved the power of check
ing the Legislature 10 cafe il fhould pafG any avs
in violation of the contribution. For this re4fon
Il was more important thar the Judges IN TIL.
country Ihould be PLACED beyond the controul
OF the Legislature. than IN other countri:. ghsre
no inSh power attaches 10 them.
Mfr. Malon, challenged g.ntlemen 10 exhib-
/ GRgle inaancs, beide h 1T la'ely furnifhed
By Maryland, Of legilative aA, repeating
law paGed il execution of Conlitution. IN der
which the judges held their Offices during good
behavior In truth, nofuch power exiRed. nor
was il in the power Of any l. .i1lture, 70 c,cum-
fanced, by Jingle Law 20 dath them out of ez-
ifence.
The opinion Of Mr. Malon, therefore, was
that this Legislature have 70 right 70 repeal
the judiciary law. For flch an act would be
in dired violation Of the Contribution.
The contituton Jays =" The judicial pow.
er Of the United States ihdl be vefed in ore Su
Preme Court, and il fuch interior courts 4, the
Congress may from time 10 time ord4ia and
eRabliIh The judges, bn.h IF The fuoreme and
Inferior courts, Ihal hold their offices during
good behaviour, and thAl, II aate1 TINS, Re
ceive fortheir fervics,, Compensation, which
fhal not be diminifhed, during their continu
ance in Office"
Thusit fays, "the Judges fball hold their
Offices during good behaviour" How can this
dire5ion Of the contribution be complied with,
If the legislature fhall, from elton to felton, re
peal the law under which the office is held,
and remove the of1cer. He did not conceive
thar any words, which human ingenuity could
devife, could more completely get over the re
marks that had been made by the gentleman,
from Kentucky. Bot that gentleman Jays, that
this progGon Of the contribution applies exclu.
hvely to the Pre(dent. He conGders it as made
70 fuPerlede the powers Of the Prefdent to re-
move the judges. But could this have bsen the
contemplation Of the trainers Of the contribution,
when even The right Of the PreGdent to remove
officers at Pleaiurs, was matter of great doubt,
and had divided in opinion cor moi enlightsn
ed citizens. Not that he aated this circumaance
becaule be had doubts. He thought the Pref