Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-12

nature, the petition, that Ithe judges
cannot during.eeoa JbehsYior, without
direct violaiids Of the contribution be
deprived Of holding; their clices, Or Of
receiving their iahries, SIS esfAbie Of tie
hisheh proof, not merely byatraif Of
probable and .metaphy acasrc.oning, but
by the clearea and rlainea mathemati-
cal ;demondtratioa. IL is - codApsrilon
sf qsaniitie, in The duasion Of time /;
Or ihall it new for shs,frR sine .bs fsid,
that when cne quantity, OF one lrngsh
of.duration j. equal TO : fecond, and
the iecond to third, that. nevertheless
they are not equal each to- the, other. !?
Have intuitive. truth. at length chang
ed their nature ? Are they in tbefe
time. inverted to tsliehoods I Have the
elearea axioms of ancient 6iencei lsffer.
ed revolutionary fubverion. No Cir,
they remain the fame they are siii ca.
pable Of afiaing US 70 the fame infaldbls
concluGons. y, y, "a
The honorable gentleman from. Ken
lucky has told US, that if tic eonfruetisn
againf " hich he conterded had beep con-
templated by the trainers. of the copaituti.
on, it would have been explicitly declared;
that the judges ihall hold their Offices and
falafies during good behavior, fairly adj
uniting, thar a declaration thus, explicit
would have been concluG,e scrr,tbe con-
itrueion of his opponent. Surely, it will
not be contended, that the idism. Oh the
Englilh language is 70 inae1ible. and its
interpretation 70 Precife, that IDENTICAL
petitions to be equsily cltar and explicit,
can be expreaed by identical wcids and
phrafe' only. Had the exprel.pn been,
they hould hold their 6ices and seceive
their falaries during good behayiour;---
would not the meaning nave been the lame
and equally exprefiye Indeed the word
hold, though Well applied TO an Of.
hce, is,not very properly applied 10 tax
ing the payment Of falary.. Or had it
been, 'they hall bold tleiroHics. dur.
ing good behavior, and while they con-,
1inue in cfhee, which is to be during,
good behaviour, they fhali continue TO
receive their ialaries which hall not dur
ing that time be diminilhed," it ,eeftain-
ly would have been declaration equal
ly explicit with that fuggeited by the
gentleman. And this it has bech ;cieaf-
Iy and demonarably proved, is the: fame
as that which is exprefed.in the conai-
tuition. II a.
l will here, fir, though it nigh, per
haPs have beea more properly done be-
fore, make 4 few observations on the IN
dependence Of the Judiciary. 1t has been
iaia BY iome gentlemen in effect, ',ha.
though the judges ought to be indepen-
dent Of the executive, though they
ought not to hold their offices or hlssies,
dependent on the will Of the P,eGdene,
yet, in government like ours, there can
be no reafon why they mould nst like the
other department.. of the government, be
dependent on public opinion, and oncon-
grefs as properly representing that opinion.
That if the Judge. are made thus indeptsi-
dent, if congrets cannot remove n,hen by
aboliihing their Offices Of in any other
way, except that Of impeachment fof nit.
behaviour, they viii become dangerous
bddy IN tbe. Stat< >. they nay by their
diks0ioss On the conttitutionality of
law oba,uct the mott important mealures
Of government for the public good. Un-
fortunately for the government, thi, doss.
srine agrees neither with the nhture If
our government, which Is NOT veaea
with the unlimited national ioveseisn,y,
but from that derives its pewef,, ror
with the poGtiye and iolemn declaration
of the contribution. That confit6siou,
is iyaem Of powers, lanis,tion. and
checks. The Legislative power is there
Limited, with even more regarded eau.
tion than the executive; becaafs moi
capable Of a check by Impeachment, and
besaufe it Wa. apprehended, that left
unlimited and uncontrolled, it might be
extended to dangerous Entertainments en-
the remaining fate Powera But to
what purpole are the powers Of con2reG
limited bv rhat inf}sumenS tn s.h,,.