Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-25
.tangrsfs of tDs 1iaffeS 5.ateS.
HOUSE OF REPRESENTATIVES.

4
Under this geasfli ichsm of refponii-
tsbility one genrielnla has gone fir far as TO
] iay. that the judges are reiponG5le to the
Isgiflatare under the power given to ap-
propriatc money for the paysn.nt of THAR
ialaries, and if we do not like the judges
or think the ialaries TOO high, we may
refufe the necelilry appropriations. Sir,
1 will not inlult the Understandings Of the
committee by anfwering chs argument;
and I only mention it at this,tim-, to ex-
prefs my attonlihment, that principle
only calculated TO /" qop TIE rU5sels q GO
uerumesf, ihould at this time be renew
ed on the floor. If gentlemen are really
determined 10 this form to arrogate all
{ power to this houfe, it will be more man
ly to aGume itsopenly ani without diff
guife. Still however. purifying This plan
!. Of refpon6bility, gentlemln from Ken
lucky has told US, that the judges are re-
fponhble to the people upon every new e
/ lection, and whenever it fhall appear by
the refalt of the elections, that the people
are ospofed to the political opinions of the
Judges, they are, as fuppofe, to be
tumbled from their places, and the ieats
of juRice are to be filled with men, whole
minds will bend more eaGly to the will
of the prevailing fattion. On what page
of the contribution the gentleman from
Kentucky has found this alarming princi-
ole, it is impollible for me to fay. | can
therefore only declare. that in my judg-
ment it isfubyerGve of every provlfion in
that inRrunnent, and mutt convert the
courts into revolutionary tribunals, and
render them The mere agents of prevail
ing faction TO execute vengeance On their
political opponents.
A further argument has been urged TO
prove the dependence Of judges on the exc
s cusive power, & that the limitation in the
contribution upon the power Of removal
( applies only to the PRECEDENT, drawn from
principle which exits in all monarchals
{ governments; thas principle is, that the.
5;adse;ak authority is ony an fmanatiou
fran tbe exeeativs Pgzver, and a brzneb Of
!, it. Sir, gentlemen who have repeated
this. principle, appear TO be infenllole,
!. that is,has no application to the form of
government in this country. Ia unlimit-
ed nomnarchies, it is true thar the legif-
lative, The executive, and the judicial
! powers are all united in the fame perlon.
The msnarchs makes the law, decides up
!. on it and carries il into execation. This
conaitutes the efence of delpotifn. In
limited monarchies, sfucn as that of .Eag-
land, the Legislative power is at this time
in reality feparated from the executive,
although the judicial power re mains till
nominally united to the executive, and
was 70 in fact, before the revolution, yet
in effect the act of. Parliament which. rem
sders the judges independent, las feparated
this department from the executive power,
and in this country, purifying the great
Object of rendering the three departments
of government independent of each other,
we have as we'll in our national, as fate
contributions, provided thar thefc. depart
menss,lhould not depend upon, or befub-
ordinate, the one 70 the other. TIE the |
ory of our government fuppofes, that the
department which enasts the law lhould /
neither expound it, or carry it into exc
cution-that the department Whole pro-
vince tits to expouna the law, lhould not
: be entruaed with its execution. By az
fgning TO each department. in this FORM
its ditiaa duties, anu eltablilhing the in.
dependence ofeach, in the exercife of Its
appropriate fanaions, we have attained,
if the principle is prelerved, more iecuri-
~ againf the power of opp,elliou, than |
any nation ever enjoyed. The Legislature
may pats unconstitutional laws, depriying