Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-04-26
From the Newyork Evening PoEt.
CHE Examination. sssssNo. XII.

From the manner in which the fubiea was
treated in the fifth and tizth numbers Of the Elk
animation, it has been doubted, whether the
writer did or did not entertain decided opinion
as to the power Of Congreis to abolilh the ofi-
ces and comPenfations Of judges, once intitu.
ted and appointed purfuant to law of the Uni
ted States. In matter of luch high coaaitu-
tional moment, il is iacred duty to be expl-
cit The progIefs Of a bill lately brought into
the Senate for repeating the law of the laa fsl
lion, entitled g An a9 10 provide for the more
convenient organization OF The courts of the
United States" with the avowed delign Of lu-,
preceding the Judges, who were appointed I'm.
der il, has rendered the queitiou far more leri,
Gus than it was while it refted merely on the
oblcure fuggeition of the Presidential mefage.
Till the experiment had proved the faa, it was
hardly to have been imagined, that majority
OF either houle Of CongreGs, whether from deGgn
or error, would have lent its ianGtion to glar-
ing violation of our national compact, in that
article, which of all others is the mott elential
TO the efficiency and liability OF the government
10 the fecurfy Of property 70 The fafety and
liberty of perfon This Portentous and fright
full phenomenon has, nevertheless, appeared.
Il fTowns with malignant and deadly atpett upon
our conRiturion. Probably before thele re-
marks fall be read, that contribution will be no
more 1t will be numbered among tbs numer
Gus vi6tims of democratic phrenzy and will
have given another and an awful leIon to man
kind The prelude perhaps Of calamities to this
country, at the contemplation of which imagin
alton fhudders
With flch prolpea before US, nothing ought
70 be left uneHtyed, 10 opea the eyes of think
ing men to the defru6tive projects Of thole
mountebank politicians, who have been too fuc
celsful in perverting the public opinion, and 10
cheating the people out Of their confidence (;
who are advancing with rapid hrides in the
work of Reorganization the fure forerunner
of tyranny and who, if they are not arreted
in their mad career, will, ere long, precipitate
our nation into all the horrors Of anarchy.
1t would be vanity to expect to throw much
additional light upon fubjea whichhas alrea- .
DIV exhaaRed the logic and eoquence of fome of
the ablef men Of our country Yeti often hap
pens, that The fame arguments placed " new
attitude and accompanied with illutrations
which NAV have elcaped the ardour of frR
relearch, ferve both to fortify aud 10 extend
conviction. IN the hope that this may be the
cafe, the difcuaion ihall be purified with as
much perfpiouity and brevity,as can be attained
The words Of the contribution are, "The iud-
ges BATH of the fupreme and inferior courts ball
boAi their etFcs5 during good 6sbaO0uv, and haIl
at Gated times receive for their fervices a com
peniation which BallHof Be diminilcd daring their
continuance IN s1Ics."
Taking The literal import of the terms as the
criterioa of their true meaning, it is clear that
the tenure or duration of the office is knitted by
no other condition than the COED be5avoEr Of the
incumbent. Toe words are imperative, limple,
and unqaalifS2 4" The judges lbaR boid their
g3ffcss during ger .1ebavgsr." Independent there
tore Of s~s---li6cial reafoning to vary the ma
ture aad obvious fenfe Of the words, the provi-
zion mua be underftood to vea in the judgea
right to the Office, indsfeaGble but BY lis Own
milcoadna,