Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-10

| the other fa,es had not beer continued
ara Can it be faid thar a diAritt cours
! compof,d of iingie fae as in the cafe
/ of lenneHe ard kentueky, is rot ahc-
lihed, and the Office Of diitritt Judge
deGroyrd, because in the fame law a cir
1, chi, court is eltablihed, and the d.eri:s
judges srpoin,ed circuit Judges? Can it
lie aid 81 .a:t that it is the fame chicc,
wien he duties are extended to lhyre
Hates, 10 fit in three places, as j: was
wheo l,a.tsd to one ilste &: j one place;
or viii gentlemen tell US that il tie
, iudg.s OF The diitrItt courts had retu!ed tc
src as lodges of the cir1.' courts,
, vile her ,fcy would have ben itiIi judges
; q Ire d.l'ti1t courts a!ier they hai been
aboI;ihed? or viii :Eey fay that tie CON-
milton Of di.tr;tt judge limiting IS
!urifd''iion TO Gaze i. the fame Dis TIC
Vt a 'cuit Judge extending II over three
fiat 5 ard vhe ,her the law auibarns.n.r
the comlnIiiion over three ha,es ousnr
VT 70 prece;ie the ccnmiilion vel';rs
hat authority.
Mr.. Wight aGed if CongreE, when
exerciiing stsir authority il the h:i u
rarcc TO eilablih inferior courts, had
not the right to limit their continuance
10 any period, and that at the cod OF
thar period, if the law was no' continr-
Ell, what would &c the t:ual,on OF II:
judge appointed under the law, vel
his authority continue Certainly NJ. =
And will any gentleman Contend On Is
floor ,ha, TIA former consrels had risht
to give Limitation to the ccntiruau: pt
a law that the pTefent Cong'ets have -!
the fame authority to limit r II Ito.
tinuc. Honorable gentlemen, h..
ingenious, will fad thrmielve:, h
Toned, unable to Golve theie difficult.
or to reconcile ,heie inconver.rn,ic9; &
hi, part The authority by which tbs t4,>-
jett had been brought before then, r.:
recommendation of tie Preiidrns, hi
been powerful. Tie l,iteE and t,Ilni
Of the contribution, when .ecurred 10,
h.d eNab!ilhed him In that opinion, that
hey wsre juHih d in the meaiu-c nov
sr"Pofsd, and the practice Of Gorge;
IN aboliaing the d,arl;t courts Of len
n,hec and Kentucky, fa,isGed him 'hds
Il was TO new idea no new exer>i:e
{ power, ard further that nothing III
l. Il 4
= guaraediy that gentlemen may to.
oc 1oppa to differ on its true coz.
ra1,,yn Of the fame inGrumen,. If all
,i,v!- considerations were not iuiic,ens
% i<tisiy gentlemen, and we were ob.E.
"a to recur to the principles on viii, !,
lis lnnrunens muD have been eltabilh-
cj, we fhall find that we do net n any
degree violate them by the Contraction
We put on them. If the Brit,lh govern
meat is REQUIRED to, from whence tic
Gaze governments borrowed their pm
cipies, or if the fate contitutions 4.c
'eioried to, We iha!l tind thoroughly "a.
corporatea, the ps;ncilies for wh;c, we
contend, that the judges are iadeIcn>i,ot
only of the Executive, bat never a,2,e
the law giving them their political r.
iltence. He admitted, with tie gen.!e-
man from New York, that Judges ocghs
to be the guardians of the conititu,ioo;
70 far as queitions were conitita,ions''
fubmitted to them; but he held the .c
g.aative, executive, and dietary, each
l:vcrally the guardians OF the conli,u-
ton, 70 far as they were called on in
their feveral departments to act and
he had not fuppoled the judges were IL
tended to decide quefions not judicially
iubuaitted to them, or to lead the public
mind in Legislative or executive queitior:,
and he confeiIed he had greater conf
dence in the lecurity of his liberty in tn.
trial by jury, which had in all times
been conGdered as the palladium Of liber-
sy. than in the decihon of judges, who
lad at fome time been corrupt. For his
part, he did net with to break down tie
judiciary or the judges, or to yiols'e tic
conititution, thong h he confelled he houl!
frel as 1ecure IT, the deciGon Of the fac
does IN even federal auctions with ~,