Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-01-30
state-Near the COFFEE.HoUsE, Thames.s.reet

10 iinaiI potton OF private htigsuo1, I'D Stc<t
part of which the State courts msght. aud ought
to participate. thst we Gao hsnd in need OF j5
judges and ekpend j" Judiciary regulations
the annual fun OF l57,1oo dollars
No other c uniry. Whole regulations ]
have any know edge OF. furpihes an essmpcof
fyaem 10 prodigl and exten6ve. IN Eng-
land, ~hoie cou,,s ace tho boat, and faid 90 be
the fccuniy OF the rights OF the nation, cseIy
insn knows, there arc but tn judges and prisi-
cipai coufu. 1heie courts embrace IN rhcir
original or appellate jurldisiion smoa the whole
er.i of human conceTns.
The Kings bench and Common Plcas,
which conha OF 4 judges each, entertain all the
commonlaw. fui.s of 4os. and upwards. origin
ating among 9 millions OF the rioit commercial
people IN the world. They moreover rcsiis the
proceedings ot'noi only all the petty eoarts OF
record in the kingdom, even down to the courts
Of PiePoudre bul alto OF the court OF kinsi
bench in Ireland and sheie fuptcme coarts. at
ter centuries OF experiment. are found to be ful-
ly competeat 70 III the buhneis Of the kings
dom.
will nov inquire into the power Of Cons
g,ri,, TO Pdt down lbeie additional courn and
judges.
1T. As to the Courts. Coogrcls src cm-
powered by The Contribution " from time 20
time, to ofdain and elsb.iih inferior courts"
The ad nov under confederation, is lrgina-
tive esxlYrS7iss OF ,h,s clsufc io the Conaitu-
ton, that Congreis may obsiy6 as well as create
iheic Jsd,ciai eoSes,s becauic. it does expieisly
10 ,he a1,h fiction OF the act, absiW the then
exiting inferior codrts, for the purpHe OF max.
ing way Tor che prient. This conhtoelion |
coo,cud is correct but il is equally pertinent
10 my object, whether il be, or be not. 1t ig
be correct, then the preisnt inferior courts may
be aboliihcd as conaiu,ionally as the lait il IL
be not, then the law tor sboliihing the tormef
courts, and .AabliIhins the preient, was unccn-
hitutiona and coniequendy repeslah'e.
But independent Of ,hn lceina,ive con.
Arueiion on which do NOT found my opinion.
ror mean To rely my argument, thee 10 little
doubt indeed, in my mind, rs Ia the power OF
couRrefs on tiiss Law. Thc.I IL fettiod OF the
ga art. veitS The Judicial power OF The United
States Ia one fopicme court and fasb intcfios
courts as Congreis nay from GmS TO time, or
dAin and eRabIifh. By this cisuic Congreis may
from time 20 time cRzbliih inferior cours bot
j, is cleareiy difc.erionsl power. and they mey
hof eAsbliih tbcEi. The language OF thG Con.
hi,ution is very different when regulations arc
not efl difcIeiionsl. For example" The tri-
al, Gays the Conaitotion, OF all crimes Except Id
cafes Of impeschmen,) .NaH be by jury Re-
preicnistiyes and direct taxes mail be applied
according to nue,ber. All fcvenue bills %sU
originate in the Houie OF Representatives, &c.
IL would therefore in WY view he . peiveriion
lot onk Of language. bnt OF inteiIeri, to FAY.
that sisho' Congfeis msy from time to time ef-
iApiEh inferior courts, yet when eAsbliihed, that
they RaN nor be abol,ihed by fubfequent Con-.
sreis po6cfIipg equal powers. Il would be a
paradox in ies,flsiion.
I'D. A. to the Judges. 1.-The judiciary de-
paftmcnt is 70 conitrotied az TO be fufficnnty
iecured againa the imToper inAucnce Of either
the executive OF legAsrive departments. ltc
Courts arc organized and cItabl(hed by the lcgif-
laiuse, aud The executive csrstcs the indgcs.
Being thus organized, the conititatioG affords
the proper checks to iecure their horcitt and in
dependence in Office. IL declsres they fhsll not
be removed from e5fes during good behavior 8
nor their izlarics d,minifhcd Iause sbsir eexfin-
sases ia eoste. From this il reiolts, that ajodgs
after his appointmcntyi Is foiaiy out Of the pow
er Of the Prefdent, and his ialary fccufed againh
lcgi0a'i,c diminution, during bh easijssaats III
scses. The fra Of thcic checks, which pfoteeA
Judge In his Office during good behavior, sp-
piics w sHe vVHfh vHVS wiz "ousu c'iSA WsS
have poHeGed the power Of removing him like
all other officers at pltsisis; and the other
check folbidding diminution Of their falaries.
applies 20 the kxyfaslye ssl,. They are two
fepasate and diAinH checks, fnInifhod by The
ConAiiution sgaidf two diaind departments Of
the governments and they arc the osJ ones
~hich arc OF ought to have been farniihed ON
she fobjea.
Bot becauie the conaitotion declares that
jodgc fhsl hold his s6es dsring coed bsbavis,.
can Il be totarcd TO nesn. that he hsIl hold
his Office after il IL abolifhed Can il mean. that
bis tenure fhould he limited by behaving wen
IA an ofice, which did rot exit ! Csn il mean
,ust an efice may exif although iss duties arc
tstind Can az mean, IN hoft, that the fhad-
ows to vii, the judge. can remain, when the
fobRsocc, to Wit. the ofice, Is removed It
nfba have intended all theie zbinfdities, or it
msa admit eonAIutlion which viii AVOID
them.
That conffruaion obviounY 10. that jidgS
fhould hold an sspisg ssiee, 10 long. 40 hs did
his duty in that Office and not shat he fh,old
hold an oshes that did NOT ezie, sod psfiorrf