Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-13

tAkSti tCSSSlSSIs LiIHA d0<CitCS
on the rule of law, let Us now examine
the parts of the contribution connected
with the 'prefent iubjea, and apply te
them the rules Of law amongh the de-
tailed powers Of the iegiaature urder thu
Sth fec. of the 1T art. Of the contribution
we find the following, to wiz: ETC
conRitute tribunals inferior to the Su-
premc Court" -
II this was the only clasie giving the
powers to eRablih the inferior l2nsrts, ]
would readily grant, that tie leSiAature
could make the law and at plealure re-
peal it., and that the Judges, as to the
tenure of their office under the att,
would be at the will Of the Legislature,
the exiaence of the law determining the
Office Of the judge, precilely in the fame
manner, and on the fame footing, a, of
the iecretary Of Gate, the iecre.ary of the
Trealury, and the Secretary Of the Ma
w. But the fubjet is more fully ex-
preGsd and explained under the proper
head, in 1T fec. of the sd article of the
Contribution, where it Jays, The ju-.
dicial power of the United States ihall
be vefed in one Gpreme court, and in
flch inferior courts as cengreis may
from time to time ordain and eitablifh.-
The judges both of the iupreme and In
ferior courts, hall hold their Offices dur.
ing good behaviour and 2all, at itated
times, receive fer their iervices = COM
Penfation, which lhalI not be diminilhed
during their continuance in Office
Here the intention of the Contribution
is explicit, and cannot be doubted -
palmer words and more clear cooitrutt-
ed ientence cannot be penned. I" The
Judges, both of the fupreme and inferior
courts, fhall hold their Offices during
good behaviour" We all fully and
at once undelfand what is meant by
good behaviour in Judge, the oath he
takes and the very nature of his office
thew it; to act with juRice, integrity,
ability, and henor, and to adminieer
jufice ipeedAy and impartially, is good
behaviour; ifhe acts contrary, it would
be mifbehaviour, and the contribution in
that cafe has given remedy by i'm
parchment. If the ciaufe therefore ad.
mi,s certain, clear and confident con-
fruttion, and no other part of the con-
aitution contains any article contra
dittory to it, which I contend is the
cafe, the conitretion given by the gentle
men on the ether iide, being by impli-
sation only, and that agsinR the plain
and express words Of the clauie, will no,
be warranted BY the principles of law; -
for f,the contribution is paramount to an
ad of the Legislature, then to hold an
office during good behaviour, and dur
ing the pleafcre Of the Legislature, are
fynonimous terms, it mla be 70 or
the aa would be repugnans to the con-
ttitution.-The Contribution on the
face of it appears to have been drawn
with pree'fion and correctness, nothing
faperauous, nothing difficult. Had the
cow ention intended the contraction now
United for by the favourers of the re.
oiution, to wit That the Judges of the
inferior Courts hold their Offices not
during good behaviour, but at the will of
the leg 'Aature ;-an explanatory claule
alter tie words "good behaviour" would
have been necefary and ihould have been
inherited to this effect: " Provided al
ways, that the Judges of fuch inferier
courts fhall hold their Offices only during
the exiRence IF the law under which
they may be appointed" Fly ,heclear-
nef. with which every part of the conifi.
tuition has been penned, it is right, it i.
fair, by analogy Of realoning, to FAY,
thar as no fsch provifion is inherited, no
fuch {uppciei contraction was intended,
and That therefore tho plain letter and
fpiris of the Contribution mutt PREVAIL
Bur, if poAible to make the matter more
Gear and coneludve, l beg indulgence,
Whit l fate three collateral arguments
which greatly itrengthen and enforce
the contribution, which / advocate, of
that part Of the Contribution. The dra
is, that all enlightened Stateiinen,
-