Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-28
A PROTEST,

t~S0A-.AAAsi5 So, %s-'s'Sss y'S-', ! Ola
~-boani 70 lay, that no jai5e caa De de-
priyed OF his Office, but on Impeachment
for, and conviction of miibehaviour in Of
fee. Until then he remains clothed with
inyiolability, the irdependsnt and fear
leis expounder of the laws ana the gaasdian
of the contribution.
Il has been iaid, that what is ersated
by laqv, may be abolihei BY iaqv; that
The power OF the legiaatare nut be the
fame TO both purpot.s;. and therefore as
the judicial Offices in queaion afofe out OF
the law of Feb. 1901, law of March,
1907, may repeal or extioglilh it.
This would be true, it Coogefs was
an abioIuse legiaature, PoGefins power
without controul.
But Congress is the agent and ereasare
of fhe contribution; like the executive and
Judiciary, it mutt AIT within the bound
prefcribed to it by the fundamental law. J.
The confitution is charter of grants
and reierya,ions.. Il grants to the legif-
lative power the right OF creating judicial
offices; but it reierves the right OF fixing
the duration of thofe Offices whsn created
under the contribution. 1t has in faet, pre-.
&cribed their duration. As ioon as Con.
grefs have executed their power OF eftao,
lilhing the Court and the officer is appoint.
ed, the proviiion in the contribution re
ipecfine his continuance attashes upon then
law. It is identified with il and iec4res
the Office to the poasaor by its own i'm,
suitability.
Nothing appears more obvious. Il
would be eafy 10 how, thar a legislative
body acting uadsr the confronting provi,
Hons of fanding and fixed contribution,
may often poaefs the power TO create or
s grant by azgs and yet by no a6 AFTER
wards can repeal or aboliih the interef or
office ariGag out Of the fr& law. The
Senator's from each fate may be, and fre-
quently are appointed BY laqv yera re-
: peal of the law by the fame Legislature, &
even another law appointing iubiitute,
would not abolilh the hrR ONCE. The
repeal and the new appointment would be
void becauie the conhitltion annexes to
the fri appointment the term ofofhce, and
ahe officer will hold for his fix years, how
ever much diilatls6ed the legillature,
which made the law, may, be with the Of
aser.
BY the I'd article of the conftitution, it
is provided, that congreis, in cafe Of a
vacancy in the Offices Of PRECEDENT & Vice
Prefden,, may by law, declare what
IS officer fhall then aft as proficient, and
!" fuch officer lhall act accordingly unt,l
IS the cifability be removed, OF a pref
So dent fhall be eleaed.''
In this cafe the Office is flied by a mere
Legislative at and yer in virtue of the
.expreilion in the contribution, that ,he off
Ger 70 appointed, " fhould act accordingly
until the disability be removed, &C." it
VIII be admitted, that Congrefs would
no, have the power to repeal fuch law, or
to appoint, by new law, another perlon
10 exercife shepowers of proficient.
itmay berefnaf&ed mere, tnat ire words
Of otenure' in regard TO this officer to be
appointed By Lasv, are no; 70 folemn and
explicitas thcie words IN the Contribution
refpeaing Judicial officers created under-4
law Of Congrefs.
Many other inaances might be put,
which readily fuggea themfslves 20 the
mind, where Legifaeiye ersatfas is rot
followed with RICH, or power OF legiila-
8 Give repeal or extinction.
The repeal Of laws, under which grants
have been made, and ,intereRs vefed,
would not reicina the eieate, or benefit,
even though no eogfisationol fecufity ex,
! lifted in favor of the. donee or grantee.
And however prejudice may be wrought
upon, or ignorance deceived, the grant
fan Office and falary, under the law and
contribution, is equally facred and inyio-,
L 49,, - 80 l.