Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-01

this Will Ue WOI0 WHICH VIC Htau tOois
practically feel, and practically under
Rand. We fhalf have 4 fet Of men re-
ccising the public treaiares not IN conf
derat;on Of public teryicss, bd. without
any 4eryices whaieyer. being performed
or in other words, we fhall'lay the tonn-
dation Of 6necure fyltem; The oOnfe-'
qucnces Of which will be inealculable, and
the effects Of which will be indeicTibably
defruetiye. r
But, Mr.. Chairman, / will hew yon
aprecedens and res,Yrns ore too, where
the legilature put : different .conitfuc-
,ion cpon the contribution; lsAlfaliew4
you a precedent where g tcdcfaficon-
gres, Our immediate pledecedors, did
not heftare to exercile the powers we
contend for: by the a7:a Sec. ct the
law of the iaR iefion, whi1h / Fave
had occaiion before 10, advert TO, the
circuit courts are abolilAed. Then that
congreis not only thought thrmlelves
juaifab!e in touching the judges OF the
inferior courts, but of the fuprems court
likevif.; for you will find that the
fame law which conitituted the iu-
prene court, particular and exprefs duties
or officers, that is, TO perform the duties
of a Judge of the iupreme Court, as is in
that law defined, and 10 perform the da-
ties 9 Judges of the. clfcait court as is
likewite defined in that law; and In abo-
liihing the circuit courts, half the Office
Of the JUDGES of the fupreme court were
aboliihei. -
Perhaps, Mr.. Chairman, thar ,ccngres
had as great right 20 abolifh .sAe,whole
Office as half the cfEce: but whether that
was an infratiion OF the contribution, or
whether it would be an infraction OF the
contribution to abotilh the Office Of Judge
Of the fupreme court, l will nos now de-
tain you to enquire, becauie it,arpears to
bear but little upon the immediate fub.
iett before US, it not being the Intention
of the bill, as / underGanl 1t, TO int fere
with the offices Of the judges of the lu.
creme court, further than to refore them
to that firm, that righ,frl, that conit:tu-
tional ground, on which they food pre-
viouAy to the paasge Of the law ofthe
iaa FELTON,, and to all the duties and i'm
munities OF which I mott hncerely with to
fee them refored. . ssst
But, Mr.. Chairman, the gentleman
from Pennsylvania has informed US, tbs
acknowledged that the law of the la&
felton, i. constitutional; in this can by
no means agree with that gentleman
There is one fiction in that law, Sir,
which in my humble opinion is a aagrans
violation of the contribution. By the
z4th fiction of that law the diArie
courts of Kentucky and TenneGee are
abolilhed. Had our. predece1ors top
ped at this point, we .fhould haven o
caufe on this day to charge them with
violation of their charter, they would
have done no more in principle than We
now contend we have right to do. But
they went further-they ufurped a pow
er in my opinion, not given them BY the
contribution, they uiurped "a power ex-
cluGveIy veaed in the proficient and is-
nate. BY the 18th fiction Of the fame law,
the judges of the, ditrie courts Of Ken
lucky and Tenneaee, are appointed
circuit Judges in fact, not indeed in'name,
bet in reality the duties of cifcuit judges
of the 6xsh circuit are aligned rhen.
The difritt courts Of Kentucky aid Ten.
neaee are abolifhed, and / with to be IN.
formed if they are not circuit Judges 70 all
iaten,s and purpoies, and / win furthei
10 be informed, if they are NOT circui.
Judges appointed by the legiilatule, and
in direa violation Of that article Of the
contribution, which has, in the mott ex-
prels terms, yefted this power in the pre-
iidenr and ienate. Sir, did / apprehend
the gentleman from Pennsylvania Alright,
when I:underfood him to fay, the name
ola Judge does not define or con&itote the
duty ola judges
This is indeed melancholy excmpli6-
cation. Shall be told thar by the law
.