Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-27

ONS CONXIeiS ltOiH Shdi' SiuS AAsS> IU<ayS. ~
an inferior court, if by the fame ast the
Office with all that aspersains 10 il is folne
where preferved. And tiat congttls have
a right to transfer fome Of the duties Of
the Judges from one tribunal to another IS
clear and evident, it is incident TO the
pcycr CT continuing new tribunals fos
when rev ,eonrt.is create;, ioms of Jhe
bniineis which would have been coguiza-
BILE in the old court, mutt be transferred
to rAe new tribunal. : II was this kind Of
power that 5congres gcxereilet in pading
the law lat FELTON,; bu. they did NOT
touch the Office, which con!ias 10 certain
powers, jurilditticn, and authority, Con-
ierred on particular perion, requiring OF
HIN certain duties, which may beexerciL
ed in court bearing a different tame
from that of the judge. Under the Ole
iyaem the diarict judges Eat in the Circuit
courts, the iupreme Judges fat in the cir.
cui, courts; and under The Old iyfe.n the
diltritt Judges OF Kentucky and Tenneaee
had the powers cognizabie in Circuit
court, with fome exception as to appeals,
and writ of error; and the z4,h i=ctica Of
the law of 9Th February, 1901, which
abolilhed the two diaritt courts, trani.
ferred the conaituent paris OF the Offices,
to wit, all the power, authority and ju-
rifditsion of the Eaid courts into the CIR
cult courts, and BY the 9Th, fiction Of the
fame law, the diariA JUICES of TepneGee
and kentucky, sith circuit judge are
to hold the circuit courts, ard in the hmc
fiction it is expressly declared, the, when
the 9tsees of ire diarict judge, in the dif-
tricts of kentucky and TenneGoe repec-
lively, ihalI besome vacant, /3eb q,&ar-
eiss nsall be fupplied BY the APPOINTMENT
of two additional circuit judges, which
appointment of coure mutt be made in the
u:ual way. And in the 3d fiction Of :he
fame law, consreis have virtually &C
knowledged their want of power TO take
away the Office of a Judge, have pto,ided
shat after the next vacancy in thefap,ene
court, it lhall conht Of five iuifices only.
And as 20 the additional falsries Of the
'oifrict Judges, they will be preiumed 10
be equal TO the additional duties, until a
complain, is made, and then the fatt mutt
be aicertained. 2t.3e' !.
This law then, Mr.. Chairman, which
expressly recognizes the Judge. which
expressly continues his duties, and which
expressly continues his falary, is ,Iikeued
to law which defroys the Office of a
judge, takes away his duty, takes away
his falary, and leaves his conmiaion on
blank piece of paper; and this is the
rock on which gentlemen fand, when
they triumphantly ak were we the guar
dians Of the contribution when the fra
law was pai1ed. - ~
Mr.. Chairman, ingenuity has been
exhauaed in con,riving cafes wherein it
is laid our contribution will not sholi
good. 1t is aiked if in the cHe of
war whole fate lhould be ceaed, it
the Offices Of judges would remainsl<Cer. !.
taialy not /; bur here the proviions in
the contribution would DOT be complied ]
with, the whole Rrength of the nation /
would not be iuGcien: to protect II, ]
yet it would be cafe Of neecHtyS Gala
nifty of war, which no confitssfonf can
provide againa-and in the cafe PIT, The
mott important part Of the contribution;
would not be complied with, which qua
rantees TO each fate IN the rniea a re. i
publican form OF government !; yet in
that event the people of the ceded fate
might become the Aayes Of a ,yrans. i
But, Mr.. Chairman, doctrine new
and dangerous has began to unfold i,felf.
1t is faid that the judiciary is fu5or-
dinzte and not coordinate branch of
the government: that the judges have
10 right to declare a law to be uacon-
fitutional ; that no fuch power Is given
to thai brand, in the contribution. Why,
e., it is no where declared thar con.
er.rs have right TO exercite their judg-
mcn,, or to~conliier the expediency Of
a, mesiure; the Judiciary from the ma