Jenks's Portland gazette., 1802-02-08

SIR
FROM The foregoing view Of the nature and
tendency OF your principles, ! pro'eed 70 con
iider fome pa: ticular inRlnces Of your adGiaif
,rsti0p.
The fra az Of yours which fhali notice, IS,
your Withholding from Mr.. Ray Greene, his
commilion as judge OF the diarIa conr'ofRhode
liland, and making a new commihion 20 Mr..
Barnes. The oircumaances OF the cafe arc
thele Mr.. Greene was a Senator from the
State cf Rhode Hand, and near the cloie OF the
ieiIion OF the lat Conerels, was nominated BY
Prefdent Adams, to be the Judge of the Di
trd Court Ia that State. The Senate conf m
ed the nomination. As the places ot Senator
and Judge are incompatible, the commihon
was not made out for Mr.. Greene, I'LL the lat
day of the ieili n, and not being completes at
The tins Mr. Greene wilhsd 70 leave Wathing
ton, ne requeled friend 70 bring on the com
milton, and left the place. Wheo the con-
miaion arrived, il was perceived that the Preii-
dents fecretAry had made miaake, in al ling
! blank with the wood Cirl4it initead OF DJ9rid
which would have commidioned Mr.. Greene
70 be Cievg iudge, initead of Ditri9 Judge.
The commifion, Of courie. was removed to the
Preident. you be,ag then in Office for The Pur
pole of being corrected but inGead of reGifY-
ing the error, and commiGioning Mr.. Greene,
according TO his appointment, you retained the
commifion. and appointed Mr.. Barnes 10 the
place of Judge of the Di.tiia Court. The qusf
ii7n is, whether this act was nor violation OF
The contribution
The words Of the Contribution. Art. g. Sec.
], declare that. q The Judges, both of The Su
preme and IDferior Courts, lhall hold their Off.
ces during good behaviour, and ihall at aated
times receive for their fervices compensation,
which fhail Dot be dirninifhed during their con
tnusnce IN office W-That thief. words exclude
irom the PreGdent the power Of removing a
Judge of the Courts Of the URiteS States on any
pre,ext or for any reafon whatever, is beyond
doubt. One main queltion IN the cafe, which
may admit of conuoverfy, is, qUbetbsr a5nisa-
fiog 10 efiee 5y TIE Prefesf, and confirmation Of
fbat nomination By fbs Senate, complete tie abbsizt.
aszf 70 that tbs perioa 10 sfr9naLy in sfae, before
ke baJ receivea Bis eonmiGTsH jrOR tee Prsfdent.
From the con1ruaica and fpirit of the conai
tuition, contend that the concurrence Of f5e Prs-
GeNt and SeEaie in naming 10 Office, eonbsfss fbs
a5ofasb0inistgf that the eommihion to be iausd
in 2urluance of thaE al follows Of courie. as
an executive dEfy, and is no more than an sv1dence
of the appointment, and 4 communication to the
officer Of the authority which is derived foley
from the previous at of the Preident and Sc.
nate. The words Of the contribution make the
p-evi9pi termination Of fbe Pseiisnt and the f4JE-
e4ssf qduics and eoaH, Of tbe Senate, necef4ry to
every appointment The authority of an off
Ger refuljs from this j0int atf in every cafe ex.
sept that Of vacancy happening during the
Tecefs OF the Senate and il ihis cafe. the pow.
ers Of an officer, comaili 9ned by the Prefideut
alone, ceaie with the next felton, of The Senate.
Tbs i a full p-aof that the contribution intend.
Cd the powers Of an officer n Be derived enly
Hora It. concurrent a9 OF the Preidsnt aRd
Senate.
Bat this point viii Re more obvious, IF W:
eond6er the words whi-h authorize the Pref
d.nt q grans ,ommiGions. The words arc
the Preii3sRl " 6lsY eonmiaion all The oGicsrs