Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-13

an Office. Although they are judges,
they cannot be gu:!:y OF mallea!anse, be-
csufe they have no Office. They are Only
gaaG Judges 70 far as regards II: @xHs',
but real judges 70 FAR as regards the iaIary.
I, mutt be the Ialsy then, and not the
dutie, which conttitute iudge.-For my
! part, co not know under wha, clais OF
, tkings to range them, c. what name to
give them. They are unscknowiedged
by the letter, tpirt or genius of our con.
aitution, ard are to me ron- deicripts.
There is another difficulty Under this
contribution itill,o encounter, and WHICH
alfo grow, or Of the contitu;i~n.-by
the cca,s:;ut:on, new Gate may be- iorn'-
cd by the juDttion OF two CT more i,ates,
with their aGcat ard that of congre!s.-e
If this dost.ice, cnce Judge and always
a Judge be correct, what would yen 40
in iuch an event with II. eittrie} Judges
Of the Aates who formed that junctions
Both would be unnecel1ary, ard you would
have in Jingle fate, two Judges of equal
and concurrent jurildiction; or one Yea!
judge with an office, and another qaah
Judge without an Office. The ftates al
10 forming fuch Junction, would be equal
iy e.nbarraNed with their fate Judges;
for the fame contribution would be equally
applicable to them.
Upon this contribution ALTO, an in.al!i-
bili,y is predicted, which it would be ar
rosance in any human ineisu;ion to ailame,
and which goes to cut W legination by
the roots. We llould be debaried from
that, which is INDUCED to US from higher
fource, and on lubjetts of higher concern
than Iegilation, l mean res1astlon from,
and correction Of our errors. On all
other iubjects of lesilation we are al
lowed it ieems to change cur minds, cx-
cept on judicial fubjects, which OF all
others is the mott complex and difficult.
/ appeal to our own aatute book to prove
this difficulty; for in ten yeass congrsis
have pailcA no le(s than twenty FIX laws
on this fubjcct.
Iconceiye fir, that the tenure by which
Judge holds his Office, is evidently bot
toned on the idea ofiecuring his honetty
and Independence, Whit exerciiing his Of
ace. The idea was introduced IN En-
gland, to counterfeit the influence OF the
crown over the judges but if the con-
itsuetion now contended for ihall prevail
we fhall in one miltaken imitation Of this
our favcrite prototype outRrip them; by
eftabliihing, what they have not, a jadici-
oligarchy for there, their Judges are re-
movable by joint vote of Lords and Com
mons. Here ours are not removable, ex-
cept for NAL feafance in office; which NAL
fealance could not be committed, as they
would have no Office.
Upon the whole fir, as all courts under
any free government mutt be created with
an eye 10 the administration ofjuaice only;
and not with any regard TO the advance
rnent or smoIument CT indiv idual men /; as
we have undeniablc evidence before US,
that the creation of the courts now under
contiderat was totally unneceaary and
as no government can, | apprehend, ter'-
ouAy deny that this legiaature has Alright
to repeal law enacted by preceding
one; we will, in any event, ditcharse Our
duty BY repsaling this law and thereby
doing all in our power to correct the EVIL.
If the Judges are Untitled to their fa!al'es,
under the contribution, our repeal will not
affect them and they will no doubt relors
to their proper remedy: For where there
is a constitutional right, there mutt be,a
remedy. >,
Mr.. Breckenridge was followed BY
MeGrs. Cooke, and Wright, in favor
of the motion; and Mears. J. Matoa
and Norris sgaina it. Their Speeches Ia
cour!e.
Senate adjourned to Monday, when tire
Debate will be refumed.
FROM THE NEW. YORK EVENING rrsf'
THE EXAMINATION.