Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-30

trlenuS Oh tuS COultAtuttcli iiiuleSo e'ieJ
were fo; the oppcfers feared they were
not. Let us attend to the debates in tie
convention of Virginia.
General MarihalI, the preient chief jul
tice, fays can the government Of the
United States go beyond the delegated
powers IF they were to make law,
not warranted by any Of the powers emu
merated it would be confdered an IN
fringement of the contribution qv5ieb fhey
are 10 gaayd: they would not confider
fuct a law as coming under their lurii-
ditaion: tbey rysald declare il 7,oid.' Mr..
Graylon, who oppoled the contribution,
we find iaying, the judges will not be
independent becauic their falaries may be
augmented. This is LEFT oren. What if
you give COOL. or roool. annually TO a
judge IT'S bur triaing object when
by thatiittle money you purchale the mott
invaluable bleaing that any country can
enjoy. The judges are to defend the con-
aitution.' Mr.. Madiion in anfwer fays,
Iwifhed to infert reeraint or the aug
mentation as we'll as dininution Of the
compenlat;on Of the judgea-brt | was
oyer-ruled tie bpiineis of the courts mutt
increale. Il there was no power 70 IN
create their pay, according to The ineresie
OF buineis, during The life Of The Jaagts,
itmight happen thar there would be iuch
an accumulation Of buGneE, as would re-
duce the pay to mott trivial confederate
on Here we find Nj. Madilon tot
uiing the words, good behavior, but he
iays (what wesay was meant by good be-
hayior) an,1ag The LIE ftbe Jzasrs. The
opinions Of Mr.. MadifonsI deem conoiu-
five as to the meaning Of the words good
Behavior; bur | will read what was iaid
by Mr.. Nicholas, which is fabeaatially
the fame. Here Mr.. RatIedgc read fe-
versl extracts from the debates in the Vir-
ginia convention. Thofe quotations thew
that, in Virginia at leaa, the public with
and intention was TO have an independent
Judiciary Let US now fee what was
the opinion, on this fubjett, Of the drt
eongrsis under the contribution, when the
hrlt Judiciary bill was debated. Mr..
Stone fays, the eltabli:ltnent Of the
courts is immu.a5A.' Mr.. Madlfoa fays,
the judges arc TO be reesoged only on
impeachment and conviction before con-
grefs.' Mr.. Gerry, who had bsen aaer1.
Der Of the general convention, expreaes
himfelf in this frong AM unequigocal
manner. The judges viii Be iadspen-
dent, and no power can remove them
they will be unaaa.lable, and cannot be
effected, but by the united voice of Ame-
RIGA, and that only by change ofgovern-
meat Here il is evident Mr.. Gerry fu.-
pofed project like the preient could only
B. eGetied BY the peopk, th-eu h thence
um of convention he die ros ilppoir il
poiible Cor congrels ever TO CRAP at this !
power. The fame opinions were held BY |
Mr.. Lawrence and Mr.. Smith. Here !
Mr.. Rusledge read further extracts from !
the congregational debates.l In addition |
to theie high authorities pesms me, Mr.. |
Chairman, to read ione paris Of the lee
lures, or The Judiciary CT the United |
States, OF the celebrated Judge Fucker,
the pre!eut protector Of law at the aniver-
fly Of William and Mary, in Virginia, |
there Mr.. Rutledge read troa fuckers
letures.l with gentlemen who CON-
pare the official tenure Of our Judges with |
those OF Great Britain, 70 attend to the |
wide dieinetion between rheir indepen-
cy, as ihewn by the learned judge |
ana profellor whole lstfurss I hare cited. |
He ihews that the Judges in England have |
only zsgal independence, while in Amc- |
RIGA they enjoy a coneitutional indepen- |
dence.
The advocates Of this bill FAY, the peo-
pie could not have meant to eitabiilh an In
dependent judiciary, becaufe permanent
BODY of men, beyond all controul. would