Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-05-24
VOLUME v.

tG import anE On All proper occ1HnIs 20 IT7prFlF
Our leaf4rring brethrea with with inf Cona.
de7ce in our cordial attachment to their lotereas
and purf1its
The repeal Of the Ju iiciarY has been much
mora Important msafure Of The preiert r Iior.
This tranfattion has been very much ex-
planned both by the debates in C7nsTsfs, and
by newfpaPer publications. but Gill it ma noe
be improper 70 fay that the law which was re-
Pealed, was Paaed during The lat ieti "a Of Con-
grefs, and Proviisd Or IN orgaaiz alton Of The
circuit ceurts of the United States, and direded
the appointments Of Judges for thoie courts
The judges we're accordingly appointed, and
for the laf year performed the duties which
had been aligned,.t 60 them. and as il appears
in iome Of the circuits, much To the fatisfat1ion
Of thole who were concerned in the courts.
was not prelent when the vote was taken in tha
Roule of Representatives TO repeal this lawp
having been called home to my IA niy Al thaE
period bat my opinion was fully made up
againlf the repeal and had my vote been i'm,
portant, no conider4ioh would have Infused
me TO have eft my E. { upon 70 interelng an oc-'
cation, but II having been a(cer aimed th3t large
majority of the H5uie were determined 10 re.
peal the law, my voc became Of no impor-
tance. The confderations which governed my
opinion, refatsd principally from the belief Ehle
the Contribution of the United States did nor
warrant the removal Of theiudges by repeating
the law which directed their apPointment. The
Gonhitution upon this point IS expreGsd in the
following words: & The judges Of the fuprems
and inferior courts fhaIl bold their Offices dur.
ing good behavior" and as il was not pretended
| that the judges had mf5ehayed, Icould not fee
how the judges conld be removed, By repeating
the law, or by any other form % long as they
behaved well. L has likewif. been mr. opin-
ion that the Conltiuton~ Of The United SraiesS
like the conf tusion of Virginia, had lecured to
| the people an independent judiciary, which
would always rem lin uniohaenced even IL the
WORT OF times, 70 adminifer Juice impartiay
70 all d7lcriptions Of perfons The principle
claimed Of dearoying the judges by repeating
The law which regulated theIr appointmenrp
WAS IN my opinion, a grofi vislati Of this
| :mPorrant principle, and in practice would RriP
| the people Of that Independent Judiciary which
is 70 edential 70 perfonal fecurity, and the pre-
f-rVation of pubic liberty. Tbs Law however
to deLtroy the judges has Padcd through all the
forms, and it only remains to be decided by the
t1prenne court whether this law is a violation
OF the conaitution If The court thould 70 d5+
| termine, the law mua be void, and twill DC
the duty Of the judges ofth> circuit court Gill
70 proceed in the execution Of their Powers.-
| As the au horiJy 10 decide upon Ihe conRtl-
| tionaEty of laws. unqgetionably rei1es in the
courts, i will be the duty of The people 10 &C.
| quieiee IN their decihon upon this important
location, whatever that decidon may be.
The rspeal of the internal taxes. was likewifs
| a mealurs which met with my dif4pproba5ion.
| Not, however, becauie felix unwilling 70 re-
lieve the people from their burthens, but be-
caule doubted whether it was iafe to dilpenfa
with 70 great branch Of Ehe revenue, aud
becauie believed that if any Of The take, could
be repealed, thole which fell on the neceGaries
Of life oughE 70 have been preferred. The
( wife arrangements which had been made BY the
former standardization for the extinguilhmenR
| OF our debt, was performing rs opsrStion, AMI
| If thoie plans had not been broken il upon, is
was very certain that the debt would be rapid
| ly reduced and eventually discharged; and I
| thought it was better TO retain the taxes until
the dsbt was paid, than to hazard the failure
OF 70 defrabe an event by educs@g the me ans
of accomplishing il. For the(s reofons | Jhe'r
thar the fater courie would have been to have
| retained all the taxes for the prsieat, uader
| fueh notifications however a would have az
! HhthitNcu tHG OuEkAeu upon lnS hSSGhatiCS "
| life But if it was laFe 0 give MP part of tha
reveaue, was clearly of op nioR, that he tx
| upOn brown fuEar, coffee, bohea Tea. aad cer-
tain other neoeGares Of life oUghrto have been
reduced, ihfead Of giving up the tax o. car
! ri4ges, 0amFs, re6ae5 fugar, and tha othsr
branches Of the internal revenue, and in this
opinion was happy to fad myleif fnppoTte4
by thote gentlemen in Congref. whqfe opinions
mot respected; and no erertons were fpareds
when it was found that the majority Of Con-
gtefs we're determined to relinquih part or
the revenue, TO irbaitute Reduction OF the
taxes upon thofe neceazries Of life, in the place
Of Tehnquahing altogether the internal rev.
enue but thole exertions did not avail, the
entire tax upon brown iugar, coffse, bohe4 tea,
falt, aud indeed every other article cf impolt
has been retained BY the prsienr adminIRratIcns
and amajority Of CongreFs, while the tax on
carriages, &c have been reliuquihsd. make
no comment uPon his tranlaSlion, becante Il q
the province Of the people 70 Judge, which
couIfe would have bet promoted their inlersRss
law IS likeviie PAasd, ander the iplencId
title OF An az to provide tor the redempti q