Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-30

/ 1rxms la1y Of the people they ate
bound to reject, as enid every meafure
! which, if carried into effect by them,
would directly or indirectly, defeat any
of its proyiions.
/ The abolition of the courts, and the
exercife Of al the Judicial powers of the
Ejudges, and ts,e deprivation Of their IA
laries, furnifhes a CAFE which Teens TO To-
volye 40 queaion of degree, to which
the J legislative body may righstully
invade the e6Fres ofthe Judges. It az
tempts to aboiiih both e5Fte and J3dge
entire. The true queaion is, whether
zach an act, with fuch intent and opera
| ton, is not unconstitutional
The judges who are called in to'execate
inch an aa in asy vvay, are bound 10 con-
ider, whether it was constitutional. If
they are Of opinion,it was not, then they
are to refule any cooperation, which
would eReauate, or tend to eife6uate, the
eoxfqusacsi ana deGgns propoied by the
prohibited act of the Legislature.
The Repeating At, Of the sd OF
March, 1904, ofitielf defgaing to abo.
lifh the courts and Judges created by that
of February, 1901, was prohibited by the
contribution it was void and the judges
ailIre,a;n their rights Of office.
:: The judges deignsted TO execute the re-
pealing act Of the Sth Of March, rSo7,
ard the amsnd n3 a6 Of the 29ih o. April,
1902, or, in other terms, the judges cal
led upon TO aaif and fan9ion the ufurfa
ton and illegality, if fuch is the opinion
they entertain Of thofe acts, NUT neeeha
rily refufe to participate OR aid in their
deGgn and consequences.
1t has been faid that the act Of FebTua-
airy, 1901, inasmuch as it aboliihed The
circuit Courts under the act Of the 18th OF
September, 1880, utilities the opinion
that Congrels may aboli(h coarts and trans
fer all the judicial powers and jurlidittlon
of thofe courts, to newly erefted courts OF
the fame name and nature, to be compelled
ofnewly appointed judges.
A lhortand deciGve aniwer preicnts It.
felf. The cafes are di.imilar.
No judges were ever appointed and
comniRioned to exercife the Judicial pow
ers and duties attached to the hra circuit
courts,
Thefs were performed ty the Judges of
the R3rsme and djqria cart; who @efettdi-
retied to hold them by Iaa0 having no ex-
ecufive commi1ions af judges Of tbs/e
Courts.
Congrsfs, in aboli.hiog shole courts abo-
Iilhed no judges or o5Fces. No judicial
teaa,e ofe@ee was in The Leaf affected.
The Judges Of the lEztfsme and dgf,ia
csayts It'll continued in poael1ion of their
5robsr rfJptt7ive eoRrts and <alariss. They
merely oa.cia,ed in the eirsmt eoH,tf, un-
GER kind of legygativs eomm1Fou, which
attaebed tbele duties TO their proper and
diarie judicial Offices. Coxgysli might,
Of courle, lawfully dj<lb0xge them from
tnOIc GutiS3J ACdFh'S 'A"-'i' ~ N"' f0
ionof tteir original and appropriate 5u-
rJai1fiom. Should al the Judges OF a
court die or refgo, Congrefs, by abollih-
ing fuch courts, would affect no Judicial
tenure of Office. The circmt Courts OF
1850, were in imiiar cafe. No judges
belonged Ia tbsn, or exerciled the judi
cial powers il right Of confitutiasal office
du,ivg so0d 6s5aO,Or. The abolition
k.retore of theie courts was unattend-
ed with any invaion of jadieIal office or
com5enlatjos. As to- the abolition OF the
dJfrilI loa,h of 7,s4ssgse and Kentntky by
the Att of Feo. 1891, that neither, ifPro.
perly viewed will jueify the attempt
which has been made TO aboll!h Jadgssaad
their gtftes.
The act does not a5oll@ a mgk juai1-
al 5ozvsr before exercifsd by the djfria
jxdgeh 1t ineregfs5 their powers and alto
their ialaries. 1t does not abolj6 their
=, Lc:,j o6,,-es huf continues them in the