Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-27
1Gungrats Of TIE uniteo States.
HOUSE OF REPRESENTATIVES.
Tuefday. February IS.

the iraners of the contribution ever in-
tended TO ,nveii congress With power
to deitroy the Office OF a judge m riiing
country like this, where ALI the various
fources Of litigation are daily encreai-
ings They iorefaw thar new judges
would be wanted from time to time, but
they never could have pictured to them
ielves neceiIty of dlfpenGog with the
old judges. II We were training con.
ftitu,ion this moment, it we had any re-
gard for the incependency Of the Judges,
would we invef congreis with power
to remove them, or take away the offices !
We could calculate with a reaionabie GER
'tainty, that if there ihould at any time
be neceihty fox their Appointment, there
would always in this country be necei-
fifty for their continuance and we could
trua this power to one Legislature as con-
6dentiaI.y as TO another. IT the trainers
of the contribution could have entertained
any fuipicion that a Legislature in 1901
would create uieie[s Judges for party pur-
poles, with equal propristy they might
have flppoied that Legislature in 1902
would dearoy uiefal judges for party
purpoie.. But HE iI.depsndeney OF the
judicial department. was the Object
This was an invaluable principle, and
not more Liable to abale than any other
principle fixed by the contribution, and
there was no principle 60 neceaary to oe
fettled as the Independently ofshe judges.
If we are TO argue from the abuts OF
power, what is there to prevent Congrets
from admitting into the uaion more new
fates than would be for the advantage
OF the nation the hate decentralization,
with the content Of the Legislature OF
Maaachufe,ts, mighs have erected the
province of Maine into IS or 20 itates
the fact is, it there is neceility ter
new fate at the time Of its admiiiion into
the union, the probability is, that there
will always be nsceaity. So if there is
neceaity for judge at the time OF his
appointment, the probability Is that there
will always be neceRity, and the le-
gila.ure giving birth to The one or the
other, are the conttitusional judges OF
that neceAity, ard no other Legislature
has a RICH, to interfere. My opinion is
that the trainers of the contribution In.
tended that the judges fhould be indie.
pendent of both the other branches OF
government that they have fpoken
plainly and uneguivocaiiy; and that the
moment the Judge is appointed the Of
flee is migrated in, and becomes part
of the contribution, and cannot be taken
away without impaiting the contribution
itielf.
With regard, Mr.. Chairman, to the
diainttion that is takea between the iu-
preme and inferior courts, tor my own
part cannot fee any force IN the argu-
ment. Any perton Of common candour
mutt acknowledge, when he reads the iirs
'feetion and iecond fiction OF the 90 art,
that there is as imperxsiy: an injunction.
to esfahliih iome interior courts as there is
to eitabliih one Supreme Court, Its iaid
that the Supreme Court lhail have appellate
iuriidietion, and of courfe there mutt be
inferior courts from which the appeals are
to be made, and the duration Of ofnce 10
both courts is contained in the fame fen.
,ence and woods; and. it is abturd ro'iap-
pois thar ,he trainers of the contribution
affixed dout.c meaning to thsts words
the reafons urged againif our cociirueti-
on, ap iy as well to the iup.eme court as
TO the inferior courts dyias sdsaini-
>Ar4ticn could provide tor its friends by
increaing the number of Judges N the ia
preme court with as much facility as By
creating inferior tribunals. But, Sir, II
Congtefs have the power contended Tor,
there is not lodge on the iuprsne bench
who is not completely in their power.
The contribution does not FAY how many
juds cs there iha!l be, 70 that you may re-
move all bet one, or you may pats law
placing fix new Judges or the bench by
the iiae of the vreient judges, and then