Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-05-10

peTative or permfiive, directing or enabling,
according TO the relations in which they haRd 10
other vords II is however certain that the
sfg umsfts even from this fonrce, greatly PIE
pom dcraie sgairR the right of Congrefs to
aboliih The Judges.
Bot there has been one argument, rather of
a verbal nature, upon which fome Rrefs has
been laid, which lhsil be anaized Lrincipal.
ly, to furniih fPecimen of he wretched expe.
dients to which he Importers Of the repeal
are driven. 1t is this, +" The tenure of an of.
nee IS not fynorymous with its exiRence.
Though Ccrgefs may not anuul the tenure of
judicial cfhce, whilethe office itfslfcontinues
yeti does not follow that they may not de(troy
its eytfence."
The eonii'uent parts Of an ofice arc its du-
teis. authorizes and duration. 1heie may be de.
nominated the elements cfwhich il IS competed.
fog .ther they form its e5:aes or r,:j2eacs 1t
is ImPeflibe to fePerate even in idea The dura
tion from the eXGence. The office mutt ceaie
to exit when it ceales TO have duration Hence
Jet i be obieTved, that The word tenure i nor
ufed in the coniitu ion, and that in The debate
il has been the fltRitute for duration. The
words F" The judges iball hold their Offices dur.
ing good behaviour" are Equivalent to thefe
other word: the offices Of the Judges fall en-
dure OF Ian 70 long a. they behave w-ll
The condition from thefe principles are
that exiaence is a qubos " hich Includes tenure
or ,ation as apart that il is impc Gib c TO
annul The eA'itence of an Office without denroy.
ing It's tenure; and consequently that prohib
mon 10 dtltroy the tenure is virtually and iub-
TIA italy prohibi ion 20 abolih the Office.
How contemplate then the foph I'm that Con
ereis may not deHroy The tenure; bur may an
initiate the office
It has now been feer, that this power Of
anrihh@uon is not reconeileaoIe with The ian
gDase of he conltitutonai rnttrumenr, and that
no Ioie Of conditional law, which has
been relied upoo, vii afford it lupport.
Can i BE- better defended BY any priacip:e Of
condi utional policy?
TO efabilh the affirmative Of his suction
It has been argued, thai if the indges hold
their Offices by tr,le abfalut-ly independent
OF the legilauve will, the judicial departmsnt
becom coloEal and over bea ng power, ca
Paole If degsncrating into permanent tyIan
% II Io~rty, il audacious and corrupt
aCugh, TO render The authority Of tn. legifla
% G nagAory, BY expounding away The laws,
AID 70 afume delPotfc controul over The
rights Of perion and property.
10 tnis Argument (Which iuPpofes the cafe
u PdlPAble abufe Of power) a piain and con.
cfoivr anfTer Is, that The connituton ha, pro-
vi ed complete Eafegaurd 10 the authority Of
Dhe Hegf Of Rebbyf/enldtics5 q impeach; Of The
Senate to condemn. The Judges are in this
wy amcnabe to the public iuRice for ,niicon
dut and tpon conviction, removable from
office. In the hands of the Legislature nG-lf is
placed the weapon by which they mas BE put
down and he Other branches of he govern
nent P oteteed. The pretended danger, there
fore, Is evidently imasinary-the fe unity per-
fec!
Rseetre the Medal Concede 10 the leqida-
ture a legal diicr elton 10 abolifh the Judges
where is the d1f, nee where the fecurity for the
judicial department? There is absolutely none.
This rloa valuable member ofthe government,
when rightly conaituted, the fureh guardian
OF PeIfon and property, OF which itabllity is
prime charaaeriftc oofng at once its mott ef
ientlal attributes, auI doomed 10 Aufrate With
the variable tide of faction, degenerles ii a
diiguting mirror Of all the vadious, malignant
and turbulent humours OF party fpirit
Let Us not be deceived. The real danger
is the fide Of that foul and fatal doctrine,
which em5oidsns is votaries, with daring font
and unhallowed lteP, to enter the hey Temps
Of jultice and pluck from their feats the venera'
bic perlonages, who, under The folemn fan6ion
of the contribution, are onmilIioned 70 ofFiciate
there 70 gaurd that facred compact with
jealous vigilance ; to d!Penfe the laws with
It ady and impartial hand unmovcd by the
forms OF fathon, unawed BY its powers, unfe
duced by its favors lhieldine right and limo
cence from every attack Riding and repref
ing violence from every qnarter.-'Tis from
the triumph OF that exrcrable doctrine thar we
may have TO date the downfall of our govern
ment and whit of the whole Fabric of Repub.
lcan liberty. Who viii have the folly to deny
that the definition of defpotifn is the coucen
ration OF all the pcNers Of government in one
Perion or in one body Who is 70 blind as not
70 fee that the right Of the legislature to abol
ilh the Judges at pleafure deltroys the indePen-
denee of the judicial department, and fwallows
i up il the impetuous vortex Of legiiatve n
Huence Who is 70 weak as to hope thai tie
executive deprived Of 70 powerful an au1i i4ry
VII long fnl vive What dfPahionate mn
can withHand the conviction that the bounda