Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-27

fofs ana wni<n mat ba citat1hed by iaw. In
the sd frtt'pn OF ,hc faGr article are thcs words.
:" and shallsso vii, The pseGdsnt. comniilion all
the oficcfs Of the United States Theie three
ientencrs consaiu the Ielasionihip betwesa the
executive Aad judiciary departments 70 ias ss.ie-
tepetts tae otj-tts OF the pSeien, difeuiiion. NJ
To alcertain the real meaning aad import Of
thefc fenrences, thsy ihould be read in connec-
tion With each oshtr, excluding ihelctrom ali in-
termedistc wosdsnot Immediately Bearing rhc
fobjett. IN thar scafc the conil,lu,ion l~euld
read shas. = He TO wit j the pfeideut ihall
nominate end appointthc judges of the fupresne
court and al Other officers Of the United States,
and fhallicommilIion all tho officers ofthc Unit
edStatcs. The Judges both OF the foprcme and
inferior Courts Hall hold their Offices duiing
good bchaxior.' Ii may be now afked, it tins
cafe ofrtiIe jadgss OF the farreme and iaserior
courts be mot al Obvious exception out of rho
general pfefdcntial difcretion Of appointing and
commiiioning all officers OF the Uaiied States
during pleatufei Aiter the government has ...sen
in operation above twelve years, and the princi-
pie OF comnidioning all executive officers dur
ing pleafsSe has, been prattiied upon during tho
whole ot rho period by the executive, az well as
the lceihative department.. the propriety OF that
practice IL for the. hfii time now become quef-
tionable. IL ris iaid that the right 10 commit
iion during plcsiuse, is byimplication. 1t is
readily admitted that there arc no cxpreis words
in the contribution To thar efcti but the infer.
encc iron tbc;ssoIds which are there, is almoR
as Rfonx n the words rhemfrlycs, il they had
been inherited. The Pfrltenr Is authorized with
out limitation TO- commillioo all The officers of
the United States The q1eaion ariiesi by what
tenure 1he reply -, according 20 his plea
iurc, OF diicrctioo. IL was not difficult TO fore
Gee, thai il ths Prefident was fully empowered to
commuIjnn q ahc pleaied, he would pleafc to
comn;fi,n caring his pleafnc. Tbs lcgina-
tue haa no 1orc coafroul over an ohcsr who
holds an cxe02lisc commifiion during shc plea
fore of the P<eEdcnt, than over judicial officer
hsiding shis Office dusipg his good behavior.
The remedy given by the cooftitution being the
fame 10 both cafes (ro witt impeachment. Nor
isthere any reAon why the Office Of the one !hoG.d
be cis fnhj-St to the dicrction OF the legi0sture
than the office of the other. and il ieems 10 be
vnivcriaI!y agteed. thar although the lrgillstufe
cannot deprive an executive officer OF bis Office
in any other way than by impcachment dutiag
the continuanOs OF fuch Office, YET the Office it-
FELT is always iubjett to be aboiihed. The fame
rcatocing viii hold with eqoal force ref fi~ttiog
Judge and Judicial Office. The feafon why
the cxecusive is proicribcd from the removal Of
judge, is TO fecurc to the judge complete in-
dependence of the Prefdcnt, who is not refpon.
6blc for the difshsrge ofjudieial duties, bu, the
removal Is perfectly correct in The cafe Of All ex-
ecs,ive caicer, becaafc the PrGdcnt 10 highly
rcfponible for the due difchsrge of executive
dutics. The iegiflMure Is NOT rcfponiolc for
either. and of coaEie hands 10 the iame cenai-
iuiional relation to both. This appears obvious
from furniihing to the legiilnure the fame mesns
of removing both, a. will appear by the 4th FEC
tion of the I'd article in the. following words.
/" The Prcfdent, Vice Prclident, and all civil
officers Of the United States fhsll he removed
from Office by impeachment for. and conviction
Of tresion, bribery, or other high crimes or mif-
dcmeanon." He now begged TO call the asten-
rion Of the committee particularly TO the lsf
clsbie Of the icatence, which alccstains the cor
fitutiona! connection b.tweent the legl,turc and
JUDICIAL departments, 70 far az il fsfpcds the
limitation CT legi0ative, In the exefcife Of
the power committed 20 IL, for rbe organization
Of the jsdicial department. He fhould place
particular emphais on shefc words of the conffi-
fstion in the expedition he propofed 70 make.
The words arc end fhsll at Aased times, receive
for their feryiocs, compensation which fhalI NOT
be diminifhed, during their continuance 10 Of
fee The hrf psu Of this fettion having Civ
en- TO Coogssis the powes Of creating coorts, af-
cestsinipg the number Of judges, &c. shefe Isa
words may be con6dered as-conssining explain
stions of the general power Of Congrefs as as
the foregoing part Of this fentenee limitation
Of the general executive power. And accord
ingiy che moA corsett terms are oied for limit
ing leginative difcretion. and explaining its OBJ
Jets according to she words OF this ientence,
the jsdge is TO receive compeats,ico, for bis
fervices. To whom are shefe iervicss TO be
rendered To fhe people. for the benefit Of the
people. Who is 20 judge Of sne necrfisy or
oriliiy cf shefe fervicesf The contribution has
ordsiaed, that Congrcis, or in other words the
yepsefentstivcs Of shc reople, fail be 'he tribu.
rsi. Snppoie there Aouh be no fervices re-
quirrd, eore for the judge 10 perform, or that
Coorsef, fhouId 70 shink and ds,erm;ne. I, the
Judge Untitled 20 ccnpenfzsion He 10 NOT.
The condition Of fssvicc for the benefit Of the
people. is she expreis confederation upon which
fhc eoosceo{rfiuo sccfuea. No fcrVsce n rcf1-