Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-02-01

90 IN furh an event with th- dlric judges of the
Rates who formed thatjun ton D would Dc unne-
cei4rr, < flu vpu 1tec "a G1ge G. e.tvo Judges
OF equal and concurrent jurld toq or one real Judge
WI an office, and another que Judge eithout al Of
fee. The states ai1 forming luch iun.9inn vaD he
equally cmbarrafled with their fate judge for he
lame contribution would be equally applicable III Them
Jpon ht ccni'rHction ai0 an iniaii1iIiy NJ pred
Gated which Il would be arrogance I'D any hurlan IN
1mt on 20 ahune, and which goes to cur I'D cpil ion
by theroots We fhou be barred from hat, WHICH
is INDUCED Us from higher fource, and on fubieas
OF higher concern than egiaaton, mean retr46tion
rom, and cor eetlon OF our errors On all other
luieets OF legin aton allowed fctms TO change
our minds except on Judicial tu'e which Of all others
the MOI complex and difficult 4 spDea 10 vour own
Stante book prove this difficulty for III ten wears
Congteis have paiIed no lcis than Ewenry Fix laws %
this lubject.
conctive, hr, thar the tenure BY which uJqe holds
his Cthce 70 evidently bouomed che idea Of scurng
his honetty Independence, whiia cxercGng his oEce
The idea introduced in EayL1ad to counteratl IN
influence Of th~ rown over The iudges: but # tb,.
contribution now commended for ihall prevail we lnal
in mhaken imitation Of this our avorite DrototvDe
ou'itrP them by eAablithng what they have not
judicial oigarchy for there heirjdges arc removable
by joint vote IF Lords and Commons Here ours arc
not removable, except for maiealance IN office which
maieaiance could moi be committed, as they would
have no Office.
Upon the whole fr as all cours under snv free GOV.
erRmeut muA be created with an eve to the admin6ra
on Of julhce only and not with any regard to the ad-
vancement or emo ument Of individual men as We
have undenabIe evidence before a.. thai M cr-ari,
az The courts under coo Gderatioh z.- ft. M 1r-
cetiary and AZ no government can apnrehend (eri
ouny deny that thi-4 ghature has rigbr 70 reneaI
law enacted by preceding one; we vii! in any event
drch2rge our duty 10y repeating this avs AMI hereby
do all in our power TO correct the evil # the iudc-
es are Untitled 20 theirlAaries under the con(tuon
rePesl will not affect them and they vii no doubt
relorr 70 heir proper remedy: For where there j. a
conlliuronai rg ht there muG be remedy.
After Mr.. Breckenridge clcfed bis remarks
there wa comfortable pauf-, when the Pref.
dent again read the reloIution, and inquired II
hehoufe wss ready for the qpeRion.
MI Olcott, OF New Hampihire. thou ght the
iuhjed was of 70 much IMPOTENCE as to merit
further confederation. The arguments of the
gcntlemen from Kennedy, however ingenious,
had NOT convinced him that the law ongit to
be repealed. Ii had not riIan like 4 mulhr1orn
II the night, bur the fyfens Oh which t reRed
had been 1etIle1 after mature reRettion. He
thought II would be extraordinary before any
Inconvenience had been dilcove1ed, to Get ruch
a law Aide For thef- reafoos Mr.. 0. moved
the poHpOnlTneut of the confederation of the
5leaicn.
M. Cooke, Of Tennefec. This al Is Caid 10
Be entirely experimental, and iii further T4id
that no ircoveniences had arriGen under II. He
thought ferrous inconvenie0ces had arr fen
The inconvenience of paying I37 900 dollars a
year was truly f-rious and it was an inconvsn
fence which ought to be got rid OF as foon as
poIible. II was expected that gentlemen oppof.
Ell to the reloution would cone forward III
their arguments againR il. IF however they
- IA r,r. IA
friend from Keptucky had brought toward rea-
fons 70 cogent and experimental that the houfs
mutt be convinced of the propriety OF the re-
peal
Mr.. Dayton, Of New Jerfey, truaed i vas
not the dfPohtion Of he mover 10 pref deci.
ficn to day. IL thought It would Be im9rop-
e 70 PofPone the dilcuiIon, as gentlemen
would th-reoy be precluded from oE.ring their
opinions on the fibIe9. He hoped the motion
for PofPonement would be Withdrawn, thas
other gentlemen might have an opportunity to
lpeak.
Motion Withdrawn.
Mr.. Jonathan Mafon. Of MifIchufttts, faid
It would b. agreed Oh all hands thar This was
one Of che mott important gu aions that ever
came before legi1atu e Were he not ofthis
opinion he would norhave rif.n to offer his FEM
tinents. But he felt 70 deep an lorereR IN the
quettion and from the relpe8 which he enter.
tanned for the dltTia IF country he represented,
he deemed it bis 5uty to meet the fubiea, and
not b fltsdal with giving 10 it bis fleRt mega
tive.
It was well known, and he prefumed il
would BE readily agreed %. that no people on
earth, for the laf twenty four years had been 70
much in the h bit Of forming lya ms Of gov
eroment as the Pe'Pl- Of the Jai,ed States.
Nor had any people been q fortunately ftua-
ted fo5 cool and cores deliberations In the
contributions they had formed, il would ap-
pear that there had bsen all unifo IN concur
renee in The efabilhment of one great promi-
nent feature, and aGo in the application Of
one Uniform principle to that feature. That
the legislative, the executive and che iudici4i
fhould form the three great departments
OF government, and thar they ihould 7e diE
tina from and in dependent Of each other And
the more the proceed ngs and f.ntiments of the