Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-26

The quefion is, indeed, :iimple in its
terms, but all important in the foluticn.
Are the e6Fess of the, judges, competing tho
circuit courts, created by the aet of the 9Th
of February, ABOLISHED by rhe laie
acts of the 9Th Of March and 10Th April,
1907? or do rhofe "oFflcEs" exit in
full force, under the contribution of the u.
States?
Recurring both to the poftiye letter &
clear fpirit of the contribution ofthe Unit
ed States, my mind never doubted. Yet,
on fubjed 70 intereRing to the prefenr,
and 70 big with consequences to future ge-
-nerations,.ir became me to review the
grounds ofmy own conviction and toexa-
mine the evidences oppofed to.is.
This has been done and after the mott
careful deliberation, and mot anxious foil
citude TO arrive at TRUTH II am bound
to DECLARE, that in my lolemn judg-
ment, thofe acts of the Sth ofMarch and
7oth of April, 1902, have nat a69lj@ed
the Offices Of the judges of the Circuit
Courts of the United States, created and
perfected under the ACT of February, 1901 /;
but that they do exit in full force as at
frf, protected againf Legislative defruc-
ton, by the contribution Of the United
States.
And, in my Judicial character, ard un-
der the highef obligation of fupporting
that contribution, / am conarained to pro-
naaaee thoie acts, becaufe of their defgn
and intent TO abolifh the faid offices, ard
to transfer them to other judges, 70 far
mil and svoid.
1t would exceed the neceaary limits Of
this DECLARATION, to enumerate the
various reafons which concur in fupport OF
the foregoing opinion.
The iubject has been recently exhaufed
it is not to be expected, from human pow.
ers, TO add 10 the number or force OF ,he
proofs, which wiidom and eloquence have
arrayed, on the iide the Constitutional po-
Gtion, that the judges of the United
States cannot be deprived of their Offices
by the Legislative body; or in any other
way than on-impeachmens before the Sc
rat, and conviction th-re of M1sBgHAy1-
OUR in office.
i lhall, as briefly as Pofible, fate the
grounds OF my Judgment, with fuch illuf.
trations, and recurrence TO objections,
as may ierye to obyiate difficulties.
And here-itis important for me to re-
mark, thai my opinion, however fortified
by considerations OF found policy and gen.
eral good contequence flows cot from thole
extarneou' fources: Ireit it upon the words
and exprehions of the, people contained in
the contribution, as it came from their
hands and upon the plain, natural and
accepted meaning Of thoie words and ex-
prefiops.
The Contribution of the United States,
by three ieyeral articles, each following
the other has formed three diaina 5o4uers
Of government the Legislative power.
the Executive power, and the Judicial
power. Each of thefe governing powers,
derives its title to exiteuce and dura-
ton, by the fame words ofgrans, or con.
veyance from the people. BY the fri ar
ticle it is enacted, " That all Legislative
g power herein granted, fhall be vefed in
/" Congress of the U. States to conhit
" of Senate and Houte OF Reprelenta-
!" tives."
Having thus efablifhed the Legislative
power it proceeds to direct how the Con
grefs, who is to exerciie it, lhall be bro'.
into, and continued in exiitence.
For this end elections are TO be made in
the ieyeral States. The people are TO
choole the Representatives. and the Leeif-
stlres TO appoint the Senator's. Then fol-
low the claufes fixing the dura,ion of the
Co greaional Office, determining thar the
Representatives ihall be chofen for two
years and the Senators for fix years.
IN L