Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-13

OAi,ers are not contemplated unlefs fervices are
attached 20 them. Neither The lry;lssivc nor
the executive can wanronly create Offices. unleis
there are fpecial. duties 20 be performed. The
pay goes with the /fvviefs. and If none y 70 Be
done, there is no pay Stipulated.
To apply this reaipping TO the new Judi-
ciary fyffcm. Ii the lat Administration in order
to effect ceffain purpofes took upon shcmfelyes
70 snnihiztc the old order of things, and in
?recipirate manncr created a aew fyltem, witha
number Of fupernunerary judges. totally unne-
ceHary for the cifcumaanccs of the coantry,
can il be doubted, whether ir il in the power OF
the preicnt sdminianrion to retiify the meafuref
The only queaion Is, whether the former Judi
ciary fyGem was competent 10 the pnrpoics as Il
re!aIcd 10 the number Of judges IL il was, has
the executive or leginativca conaitutional au-
thoIity to burhcn the people with an unncceiia-
y expence, or can il be conGdered onconifiiu-
tional TO repeal an act, or rcfufe payment TO
judges when no adequate rcafon can be offered
for rhc exlcaGon of the lfem IL Is readily
granted that Judiciary fhall be eaabliihed !;
this was done az the earlieif period OF the conai
tuition. The queaion then is, whether thcre
can be 70 limitation in this eAzbliihment !
Whether Iegilature jun expiring. and Pref
dent jaf going out os Office, fhsll combine to
make 10 judg,s, when arc fully fuficient for
| all the exigences of our government Whether
il can be unconfiutional TO relieve the people
from unnecedary taxes, when il ia apparent that
the eaablilhncnt was rather a iinecure 10 the
Judges. Though the contribution fays, that,
!" the judges fhall hold their oficcs during good
behavior" yet il alfo fays, that they ihall re-
ce:ve for their :" Isrvices compenfation." The
Contribution contenplates Jtrvifes, and If none Is
performed, |, is out Of the power Of the legina-
tive to grant them any pay. The Contribution
meets the oppofers more forcibly in granting
compensation TO judges whole ")s,vices" are
not required. than in lhe annihilstion of the Of
hce. Ii heing eovesam of Warki. the duties
Of the officers arc eG.nsially connected with
their alaries. Ii would be "a violation of th'
ConAitution TO grant compensation to mere
NOMINAL JH9ge. when il 10 expressly declared
that he mutt perform g )tvviees" before he is
entitled TO his pccuniary confederation.
! Upon the whole, the Hon. Gentleman has
miftaken the IbirH AMI even the letter of th
Contribution, when he enforccs the unconititu
tionality of net paying the judges for nothing i
more plain than that " icrvices" mua be per
formed. before one penny can be drawn from th
public treafury. If 70. would enquire what
/t,viesi the prefent jodsas have dane. snd ifir
the opinion of the legiliture there are none fo
them 10 de. whether by the ypi,it sf tbs COsahr
fisn they are entitled to any compenfatiohl Thi
appears slear rafoning. for if the legifstare Cal
grant pay to body of nominal j~dges when thci
duties are not reqaiied, or, it it is out Of thei
power to modify the courts 70 as to rctrcnch, i
neceHary. the number of jadges, it is nothin,
more than an indirect method TO create within
the United States formidable phaIanx Of pen
fionsrs in diret oppo6tion TO every rational AM
economical principle of the contribution. Th
organization Of the Judiciary being invefed il
Coogrefs. il follows that the fyaem NUT eve
be within their cognizsnce. Infallbility can
not be fnppoied more attached to the legiilatur
in 'hi, inAance. than in many o,hcrs which ar
fubjed to revival. The conRirutionali,y of tn
repeal therefore is evident by the abfurdty Q
their being bound TO adhere to fyaem, mex
pesiient from our 6tuation, adopted without ma
ture confederation. in oppo6,ion TO the will Q
the HooE of Representatives at the tine Of pafi
hng the ae, aud from whence no eiIential q fer
siers" can be rendered TO the United States.
OLD SOU I'll.