Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-02-06
s z NJ A y +
OF THE UNITED STATES. .


OF THE UNITED STATES.
FRIDAY, January g. iSoz.
DE- B ATE
On M. Bnckmb,idge's mofion 10 r,seaiibe H7
baDfd Iaf SsDfon, for nezv organization Of
fbf Judiciary S,afA.
(Continued.)
Mr.. IONA. MASON, OF MaGachufetts, Aid
it would be agreed or all hands that this was
one OF the mon important quenions that ever
came before legiila,ure. We're he not Of This
opinion he would nor have ri!en TO offer his
fentimcnu. But be felt 70 deep an ioterelf in
the quetion, and from the rcipcet which he
entcri aimed for the diaria of country he repre-
tented. he deemed il his duty to meet the fab
ieA. and not be iatis6cd with giving to il his
h.cnt negative.
II was we'll known, and I've prefumcd il
wonld he readily agreed 10, that no reoplc on
earth. for the Iaf ~ years, had bren 10 much
in the habit Of forming fyaems OF government
as the people Of the United STATES. Nor had
any people been 70 fortunately Gtuatcl for cool
and correct dclibera,ion. En the coufitutions
they had formed, it would appear thar there had
been an uniform concurrence in the eRablifh-
nent Of one great proininenr feature, and ALTO
in the application Of one Uniform principle 10
that feature. That the lceiAative, the execu-
tive and the judicial Mould form the three great
departments Of government. and that they ihould
. be diaintt from and independcn, of each other.
And the more the proceedings and fentments
of the people were examined, the more clearly
would il appear thar all the new and additional
checks created, had been applied to adjua the
relative weakness or nrengih Of the feveral ee-
partmcnts Of government. The fame principle
bad been obicrvcd 10 tie old world, henever nj
opportunity preicnted for forming contitu-
son, having for its objeea. she p,otssaion Of in-
diyidual rights. Ii accorded TOO with the uni
form opinions of the mott celebrated hiaorians
aud politicians both Of Europe and America ;
with the opinious and practices OF all our legi-
failures. Nor had Mr.. Mafon ever heard any
ore hardy enough to deny the propriety Of its
Obfcrvsncc.
He we'll recolletted that among the great
grievances. which had routed Us into an ancr-
sion of our Independence of England. il was de-
c,ared in the intrsmens ahering that indcpen-
s,ence ss that the crown had the appointment Of
i.dge, dependent on iu will and favor"
From all thefe circumaances, he concluded
that the peorl; Of Americs, when they formed a
fitem for -eir federal government, intended
20 eilabliih this great principle andihc conclu-
lon would he confirmed by an examination OF
she contribution, which in every ie<iion reecg
nizcd or referred oit.
The contribution, in the coparutsion Of the
executive, legiflative, and Judiciary depart
ments, had aligned to each different tenure
The preGdert wss chofen for four years; the
Senate for fix years, fubjea to prctcribed roia-
tion bisnnially ; the Houfe of Representatives
for two years; and the Judiciary during good be-
hsvi,ur. il iays 10 the P,ehdent, at the exp'-
ration Of evcsy four years, you thali revert to
the character ofa private either. however fpen-
did your talents or confpcuous your virtuc.
Why Bccauie. you have afIigned to you pow
els shich il is dangerous 70 exereife.--Yo have
prerceativss.---Th temptation to an abuie Of
Your power is great. Such has been the uni
form experience Of ages. The contribution holds
the fame laneuagc TO the Senate and Houfe Of
Representative. :--h faye il IS neceflary for the
good of fccic,y that you alto ihould revert az
mort periods 20 the mafs of thepecple, bceauic
TO YOU are con!gncd che mott important duties
ot government, add becauie you hold the purie
Nrincs Of the nation.
70 the judiciary What Is the h:susee
applied to them The Judges are not appointed
tor two. four, or any given numbcf ot years ;
hpt they hcld ,hem appointments TOR life uncis
they miibshaye then.cvcs. Why For this
rraioo. They are not the aepoh,cries of the
high psero2atives Of governrcnr They Meth.
sppoint 20 cfice, or holl the purls-arings OF
the countrv. or keifla,e for il. They depend
en,irely upcn thcir talents, which is all tsey
have to recommend then. They caonot. there.
fore. be difpolsd 90 peryeft their power to i'm
proper rursotc.. What ATE their duties To
sxpourd aad apply the lass. To do this with
HieI,y ard Gi,l ieoaires leng,l' OF tire. The
sequiic knovledse Is not 10 I've procured in q
s'ay. Thefc a,c the plain ard arong rcs'ons
which mua R,ike every mind. foe the diaereat
senure by which the Judges hold their cfices.
and they are Zach 40 viii cfefnally endure
wherever hbertT esiAs.
On examination. IL viii be found thai the