Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-13
Sc N A T E
OF THE UNITED STATES.
Tueiday, January I9.
JUDICIARY BILL.
Mr.. Calhou ., Of South c Carolina

ipent III the important debate on the reie-
jurion before you great ingenuity, great
abilities, and much eloquence have been
difplayed on the location, by gentlemen on
both fides of the queaion, and the fubjeet
preiented in slmoa every potible point OF
view. For the, Therefore, at this late
ftage of the debate to rife, for the firit time
in this Houfe, en- fubjett of fuch magni-
,ude and intricacy, already 70 ably diicuf-
fed, and expect to throw much light OF
the fubjett, or find much new ground to
tread on, would be prelumptions. But,
thinking as l do, that the preient queiti-
on, both in principle snd in its coniequen-
ees, is of the highel Importance to the
union; under this impreaion, under this
conviction, mould be unfairhful to my
own feelings, were to give Glent vote
on the occaiion. If l can, therefore, throw
but the weight of feather in the icale
that l think ought to preponderate, ]
fhall think mylelt juai6ed in doing TO-
But, fir, the fubjed has been 70 much
exhauaed, IS we'll as the patience Of the
Houfe, that Aall endeavour to be as
concile as poGible, and draw into ss mar
row a circle as 70 extenGve lubjeet will
admit, the leading features Of the cafe,
which l apprehend, hould have mott
weight In deciding the queaion. Firh
then ihall endeavour to thew, tina. the
rrelent refolution in its effects is repug-
,ant to the express letter and ipirit OF the
confitution-And ieconciy, thall con-
trait the obvious and natural conlequen-
ces that will arife from agreeing to the
refolution, with thofe that would follow,
ihould we difagree. On the dra point,
the mott important, as we'll as the mott
proper quefion> is, have we power nuder
the federal contribution to repeal the late
al of Congress, 70 far as it refpeas the
Office and falary of the judges appointed
under tina: al ? If by the letter and ex-
prels words of the contribution we have
not that power, then farther realoning
on the iubjeet would be unneceiary, and
argument drawn from expediency or mex
pediency would be ufeleis and irrelevant to
the quetion.
l am not, fir, difpoied to advocate the
late judiciary fyttem in all its modi-
fica,ions, as think it imperfect and not
adequate to the purpofes intended, and
that it is not fuch an arrangement Of the
j ,diciary as ought to have been adopted.
But, as it has 60, into exiitence, and is
in operation, and the judges appointed
under the at, commiflioned, agreeable
to the contribution, during good beha-
viour; the ground is now changed and
although previous to the adoption of the
aa, oppo!i;ion to the inexped;sncy OF
the meafare would have been right,
would have been proper: yet now in.
der exiting circumstances, as the law
has pai1ed and the contribution has AT
tached to the office Of the judges appoint
cd under it. durability of office Cock
senfive with good behavior, to amend
would be >p:oper, but to repeal the act,
at leat 70 far as it affects the Judges,
would be unconstitutional; fer l am OF
erinion, that as foon as their appoint
ments were completed and their CON-
millions during good behavior received,
that then their Offices as judges were
completely beyond the reach of legils.
tive power; and that therefore the pre-.
TENT refolution in its operations, 70 far
AS it refpeas the Office Of the judges, i,
unconstitutional, and ought not to be
agreed to.
Permit me here, Cir, to define the lie.
gal rules ofexp!ainiog deed, law, or
constitutional point, and then to apply
the part of the contribution in qaeftion
to that rule. The rule of law is, to make
fuch an expedition Of the fiction or
-elaufe under confederation, as will COM
port with the plan NAMING, when the
words were taken in their common and
ufaai sccepta.ion, agreeable to the En-
glilh language; ii the claufe is competed
of dobiou, and uncertain expreilions that
will ad nit Of different meanings, or if
feveral parts Of the inilramens eem to
c,ntradia OF oe repugnant TO each other,
<hen m. rule :. 2, nal, c,L