Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-23

the Pre.idsn, but contribution has
been adopted and praaiicd upon from
neceMty, giving him that fcwe: IN all
cafes. in which he is not expressly re-
Trained from the exercife ct it. The
;udp.s. afford an inliance in which he is
expressly refrained from removal. I,
being declared by the it fiction Of the
I'd article of the coniiitu,ion, that the
Judges both Of the up,eme and insssicr
courts fiall hold their Offices during coed
behaviour. They .dsubtlels haa las a.
eaipA ;tl,e PreGdent's power TO retain
them in Office 10 common with other OF
f,ers of his appointment, be renewed
from cf;c. BY imPeachmene and conv;c-
,;o, but il Goes not follow that they
NAV not be removed by other means.
rhey laal! aold their Offices during gcod
behaviour, and they fhaii be removed
from Office upon impeachment and cou-
yietion Of t,calon, bribery ard other high
crimes ard miidemcano1s. 1.-the words
im5eaebment Of high, crimes and my(at-
meaxs,s, be under&ood according to any
contribution of them hitherto received
and eitablihcd, i. WILDE found thar al.
though Judge, guilty ofhigh crimes and
miidemeanors, is always guilty Of mil
behaviour in Office, YET thar Of: the vasi-
Gus f,eciesof n,ilbei,aviour';n Office which
NAV render it exceedingly improper that
Judge ihould cont;nae 10 office, NAM;
Of them are. neither trealon nor bribery,
nor can they propcrlybe digoi6ed by the
ct high crimes and maaemca-
1o,s. And for the impeacsnens Of whica
no precedent can be found nor would
the words Of the contribution jaf1ify f!ch
impeachment. To what lcassc then hal,
we refort for a knowled sc of wi,a. con-
Gitptes this thing called milbekaviour in
Office The contribution iurely did nor
intend tha, a Circumstance 70 important,
as the tenure by which the judges hold
their Offices, ihould be incapable Of being
slcertained. Ebeir mjGebav;our certain
Iy is NOT an Improbable offence fill it
is the ground upon which the judges are
10 be removed from office. The tso-
cefs of Impeachment, therefore, cannot
be the only one by which the Judges.
may be removed from Office, under and
scccrding to the ccnititution. l take it,
therefore, to be a thing .undeniable that
that there r:fdes losew,ere in the CO.
vernmenr power TO declare what fhall
to miibehayiour in Office by the
Judges, and to remove them from Office
or the fame without impeachment. The
contribution docs not prohibit their re-
noval by the Legislature, who have the
2ower to make all laws neceGary and pro.
ger for carrying into execution the pow.
RS veAed by the contribution 10 the 60
sernmcnt Of the United States. But,
avs the gentleman from New, York, the
Judges are officers inttisut-d by the
to fave the people from their
,reateA enemies, ttem.eiycs, and there.
ore they fhculd be entirely independent Of
md beyond the controul Of he legG-
.ature. If fuch was the deGgn Of ihois
wife men who framed and adopted the con-
titution, can it be prelumed they would
rave provided 20 Intellectual a barrier as
:hcfc judges can readily be fhewn to be!
It j, allowed OF all hands, the lcgiQa-
ure may modify the cour's-shey may
i'd Judges, they may fix the times at
which the courts inall fit, SC. Sup
,o(e the IegiAature to have intereas d,E.
ina from the People-and the judges
o aaua in the way Of executing any "a.
5ri,e meafure. Can any thing be more
:afy than Tor the Legislature to declare
hat he courts ,naead Of being hello f.
ni-annualiy, Of oRener, iha!l be held ;.
,nly one in fix, eight ten or twenty
,ears o. IN order to ne tree thcmfclvcs
rom the oppoition of the prefcnt Su-
creme Court to declare, that court
hal! hereafter be held by thirteen judges.
An understanding between the Pref,
lent and the fsnate would make it prsc-
icable to fill the new, Offices with mcn