Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-27


OF the conai ,u'ion is worthy of obiervation. In
fyeakisg OF the executive attribute, TO wis) the
sppoiaIing and oommiaiouing officers, the term
pad 5e5somr is uicd. In ipeaking OF the legif-
Is,iye attribute Ito Wit the creation Of Offices
aud fixing compenfation., the term, dsvrs fbsir
esuiiasasfs in ebSes. is uied. The realon for
this variation OF exprclion 10 obvious. lr was
known that the cfiice might be dyfsnfizsrd and
the Judge continoe 20 behave well, the lisnitz-
tion was therefore applied 70 the Office, aid not
the good behavior, becanic IL the Office fhould
be discontinued, which is clearly implied in this
cxpre0isn. it was not the iciealion Of the con-
ititution that the compensation fhoold be rssev-
ed. no iervice in that event being TO be render-
ed. Ffom this Interpretation Of the conaitu-
lion. all The departments arc pIcIcrvrd in the due
excsci. Ut their REFLECTIVE functions for The gen
.eral good, Without any Of the mlchcvous and
tabiurd conI,eucDccs reiulting from the oppo1te
col this EStion cxprehIy vcits conereis with the
general po~cr 20 ofdain and enabish cousu
and il there had been no other rrfri(tion, the
yconicqacnt power 10 unordsin or abolilh. The
rrfrittion relied upon is not rcitrction in ex-
pfcls words tlcie Ase no words IN the conit;-
sarion. pfon'biiing congTeis from repeating
sbys for organxlbg conru- The fritfaint CON-
a,ndcd fas, therefore, s by impiica1ion, and that
s.mplicasion 10 lay the leaf. NOT expressly con.
,nrcted with any legiRasise attribute. Is It
oyight l. ir couea Interpretation That
when power 10 given In cxpreis words tor the
Inof impoftsnt pnrpoirs, that IL lhould be ic-
trsiued or prohibited By implication Can 70
much inattsnti,n aud folly be attributed TO the
frsincn OF the contribution, as would reiult from
she fuppohtion, tha, il il Was their intention
snat a law growing out OF one oi The fpecifed
powers, in Standardization TO all others, ihould
he ircpc4sble wlien once paGcd, that 10 extra
ordinary principle would I've LETT to mere i'm
plicstion } Such a ioppoation would be the
highcA injuaicc to the fuperior Intelligence and
paIfioiilm Of ihofe gentlemen, Taniiciied in evc-
~ other part OF the infTument-r-No, Gr, They
would bayc made notes of admirsticn. They
woa.d have uird every marx, adopted every
caution, 10 nave nrreited snd fixed The attention
ot tlc leg.nslure 90 20 extraordinssya principle.
They you'd nave laid. Leg llssors! Be cir
cunfptct \ Be cautiops! BE cslma Be- dclibc-
rate Be wiie Be vii. not only Tor the pre-
5snt. But be wife for poiterity You are now
sbou, TO tread upon holy ground. The law ycu
F. are now about TO pais, is irrepeasbls irevocs-
bic We arc 70 ensmoured with he ialutaiy
and practicable independents Of the Englfh ju-
dietary tyAem, that in infuhng its principle in-
20 our con!titution. we have hsnptiit with the
psoveroial folly o. ths Medcs and the Perlians |!
II this prin,ipIe had been introduced into the
contribution in exprcls words. il would have
formed an unfortunate cortraa to all other parts
of the inarumcnt; yet gentlemen make no dit
fcolty in introducing that principle by con-
itruNion, which would have appeated 10 Gupd
and abiard, il written in exprefs words in The
body of the innrGmcnt. But there Is no isch
laagusSe in the conititation. Let " fee what
Is che language Of that innrumens. :" The ju-
iicial powes OF the United States ihall be veRed
IN oac iuprcne court, and in fuch inferior courts
us congfcis may from time 20 time. oIdain and
eAablih." He,c then inisead Of cautioniDg the
legilnurc thar alaw for the organization Of
cours when paiicd, can never be repealed, 1t
. contains an iavitation TO a revi6cn from time TO
tine. Il contains an intimation, thar tho fab-
jett is new and difficult. ard an injunction to
ofdsin and eiiabih your coorts from time TO
time, acsoroing TO sse reiul,s, which al expo
rience OF the iyAem aiens ccald fusgea. TIE
gcntlenan from PENN, l,snia Mr.. tlcmphiil)
cb!ervcd that the character ofitiepeakbility YVES
hot rxcloiivsy attached 60 this Law, and at
tempted TO fu,n.h in9ances Of Other laws Of the
ianc character. tie inaaneed Law icr the ad-
milton Of rew fate into The union.
The gentleman from Kentucky lMr. Da-
vi,l had Given proper reply TO thar remark !;
the arongta iuRancc the gentleman gave. was
OF a Law executed /; after the new State 10 admit
ted into che union. in virtue OF law for that
purrofe, che objeSs OF thc law is anf~cred. The
State admitei has no isipula,sd duties TO per-
form on its part; no iersiccs 90 render in the
CAT, hctosc the committee the law is in fate of
execution, and the judges have fcrviees TO render
on their part which the competent tribunals may
determine 20 he ncisher plcsal nor neceiiary.--A
Law for the appropriation Of money to given
object, NAY be addnced as an ir.sance /; the mo-
ney 10 applied its object is answersd the Law
may be fail to be iuspsalable, or, in other
words, the repeal would produce no efset.--
Taat Ia not tho cafe o! the law in que(;on. Mr..
6. faid, he had no danbs bus tAst the trainers Of
che conai,ction had particular reercn,e 20 ,he
BIitNh ast of parliament ot William the sd. tor
abe citabiihment of the Independence of I'll:
jadgss IN that country. 10 framing the iettlor
for the rAAbhhmcnr Of the judicial dcparmen,
in the United States aud il is not little &c,
maskab,e that whilh seailemsa incr brat
focak Of tho independence ofth, Engl:in Judges
as the boat and glory Of that na,;cn. in the mex
hseaih they scu Us ths, by the ,eleal ofthe prc