Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-02-01

Would t aof be ab(urd Gill to lay, that the
removed Judge held his Office during good be
hayiour 7
The Conaitution fays, " The Judges, fh.ll,
at Rated time, receive for their fsrv ces com.
penfation, which ihIll rot he diminilhed. dur
ing their continuance in oRi-es Why this
Proviisn Why guard aganR the power ~
deprive the judges of their pay in diminu ion
Of it, ani not provide againt what was more
important, their Evidence.
Mr.. Milon knew that legi1 alive body vas
| occationaliy fubea 70 the dominance Of vo-
| lent palIions; he knew that they might pas
| lnconGitutional laws, and thai he Judges,
fworn to fupport the contribution, woull refule
to carry them into efeft aud he knew that the
legiil4ture might contend for tn execution IT
| their fa utes. Hence The neceGicy Of placing
The judges above b. inAlc C 81 th-le pallionS !;
and for II Re reaions the Conti1uti1n had put
hem out Of the power Of the .egiilarure.
Still, f gentlemen would not agree with him
As to the conitfutioaai5y IF he mcclure pro
0of-d, he would ak, was it e1pedient We're
there not great doubts exiting III, oughout the
Uni ed Safe. Ought not each gentleman to
fay, though | may klv- n doubt, " helir ancy,
are not large portion of our citizens Of opin
ion, that it would violate the couRiluuon If
this diverGsy of fen;inrnt exits, ought not the
evils un1e the judiciary law to be very great
before we touch il Ought we not 10 aim at
harmonizing inltrad OF dividing our citizen,
Was not the contribution a Gacred InRru lent
An ntrument ever to &c approached with rev
eFence an inltrumen. which ought oot tightly
to be drawn from its h2ilOwel re rest. and fab
je6ted TO the Aux and reAlT Of p8iIion BIT
where i he evil complained Of? Thi, fy}cm
was Stabilized ONLY at le0i1n fc9roely haj it
been ye, orgAriled f-lrcslg bad we tired on
is very threlhold where 'heo III nee q ol
being 70 pointed IS % delt'oy lYtfem ic4 cel-
formed three cay, ago Dos ne this miniet
P &C ptltion VIII it not m4ni.-2 more nag
nanimty, moe ratol2ty. e ID c By It nnrl
we Try i T; inleAd q taking up Pen and o4.A
ing i out Of epiaence'
The reafn thlt tie fuits dcpeading were
no ~ numerous, arole from ;h- ratrre Of the
old eRd5llhmenL That Ell bi.h.nen, l. u NJ
parallel. 1t carried with x he lee Y u IFS own
diH luton. No let Of judges could oe fonni
phyHcalIy harry enough to e1-cn;e Il. Sa-h
was the labour Ut Their duties, tha lbcv wel.
denied time for RIdy or improve ne t. Belize
cafe was heard at one term b oo5 Judge, aai
poRponed for confederation to the next tenn
At that term another Judge appeared, and All
the arguments were 70 be gone over anew ; ana
the fame thing might happen again and again.
Wa this the way TO extend juaice to our CHI
ze's Wa, not The delay equivalent 10 denial
OF juHice? Ii was a tat that three t,urths If
the ine OF tn judges had been taken up in
travelling.
L may be true, that the number Of loits IN
the federal courts is lof ned and if the inter
nal taxes are 70 b fSept away, il NAV be 0i.l
more lehene las n as depends upon that ionrcc.
Blu is It Poliib.e, tha fuitsvil go on ditninilhiag
tie gentleman f-ems 20 think Is reai1n ID
predominant? [, the millennium 70 rearat hand?
o. the contrary, is not our commerce iacreaiipe
with great rapidIty? !, not our weal.h iacrear
irI And will not controversies anle in pro
portion 70 the growth Of cur nu nbers az p ,
petty Controverfies which will % to federal
tribunals As ioon IS the judiciary r.aem 1, !
fully e!tablihed by the dscument5 qu5lei By
The gentleman from Kentucky, It appears lat |
more buhnels has been Ia ely doee ID Ire tel n
courts, than in any other ante :edgrl time, *
cept n one or two counties ia PenalyIyanI4.
Bellies (faiJ Mr.. Mafon) even II there 81 |
not great pref IRE If bufnels, had W. uot ) |
ter pay the patty fam Of 90 or 40 go dollars |
for a & item too b Dad, than have one that IS |
too narrow Is It NOT a melancholy conf ier- !
alton that in many OF the Europeal Rate, TIE !
cots are equal to the principal contended for N
1t would be honorable to the u lifted State, 10 !
exhibit different example. Ii would be hon. |
oraole to lh-m to hold out an example even I'll
confined % foreigners, Of prompt and eff scous !
iu'tice, though at the expence of 10000 dolls. |
SIlh an example would be cau(e for national |
triumph, and our people weuld exut in it.
lnafmuch, therefore, as 10 render the Judges |
respectable, i was necefary to make their an |
Pointments permanent as time, lahoIr, expert !
ence, and long audy, were required to perfect
any man u a knowledge Of the laws Of his
county; inafnuch as it has been thought good
policy, thar the judges lhould be well paid
and that they ihould be 70 well placed as to be
dvellei Of all fear, and neither to look to the
right or to the Jeff inafmuch As they h1uld
be 10 placed as to render them independent Of
Legislative as we'll as of the executive power,
he hoped thu law would not he repealed
Theft were the reafons, which Mr. Mlion az
ligned, as thofe which would influence his de. |
cibOo La zctnnvuIeJrraL - 4. ..-. --