Jenks's Portland gazette., 1802-06-14
From the Newyork Evening Po;t.
Che Examination. esss=No. XVII.


.fneing the juiiciary department. with he lait nam-
her. Bot ipeelh lately delivered IN the Houie OF
pepreseutarives, having hnce appeared, which brings
sorxard one petition, and reiterates iome others
!, form well calculated TO excite prejudice, Il may
ot be ueels 10 devote iome further attention TO .he
fubief.
The new petition is, that the claufe Of the couftitu-
.;on enabling the Judges 10 hold their Offices during
GOOD behaviour ought to be underhood have refer
renee 10 The executive only, bsss q" .8sss are b0sH
t5s PrJsdsa
THIS is fccond example of doctrine, contrary
rvey republican idea, broached the sourie OF this
debate by the advocates OF the repeating Law 4 Had
tderaa uttered the ientirncnt, the cry OF monarchy
would have rsfounded from extremity Of the Uni
,ed States TO the other. IL would have been loudly
proclaimed shat the msh thrown aGde, by glar-
no attempt transform the eIvsnts Of the people in
,ohe luppe tools Of Presidential ambition But now,
20 ;ulify plain refoiution of the oonAituiOn, and
6rve party purpoe, this bold and dangerous petition
Is syowsd without hehtaton fcrupie, from quar-
scr remarkable for the molly PRONUNCIATION OF popuar
tenets.
The pohtion correct and il Of nature TO de-
apdths indignant eprobasion of every real republican
In the theory OF all the American contributions, Offices
srr no den OF the government, other words OF !he
P,oPLE ayosrb tbe g0r,nusut The appointment is in
deed confined particular organ. aud IN Iptances N
which il is not othcrwe provided by The contribution
or the laws the removal Of the officer is ett TO tho
pcalue or dicretion Of tha' organ. But both thele
acf iuppofe merely nllrumenta ity OF the organ,
from the neceiy exPedIency OF the peoples ac Dg
in fuch c.des by an agent he people The obett of
tbe iea " or allegiance OF The officer
lis laid thar The word koiaep is technical form de-
noting tenure, and implying that there IS enc who
hods, another Of whom the thing holden. This az
,erton is indeed agreeable the ute ct the
>yord ii our aw books. Butit is hardly 10 bs pre-
1umcd thatn was Employed 10 the contribution IN 70
artificial ienfe. 1t Is more Likely thar II wa defgn-
cd 10 BE- the equivalent If the words Pg, enjoy. Yet
let the afcrson Be uppoed correct In this cafe, q
mutt alo be remembered that the TINS feebH
tenfe includes things the Quantity OF intere IN
sh- luhief holden and tie meritorious confederation
upon whict the grant made; which IN many cafes,
ucn3es icrvice rent ID Al fairy this ait tormlpg
cmphaicaly me Ink or tie between the crd ana the
,enant, the overeigu and the officer. viii any one
dare 10 fay that feel allegiance, as applied % the
government OF the United States, IS Que from the OH
Ger to the Prcdcnt Certainly it is Il is due TO
fhe peope in their political capacity II io y VIII to-
low tnat the Office holden not Of the Prehdent but
of the Eq'ier government or tate
is remarkable that he contribution has every where
rfsd The language officers Of the United States, as II
40 denote the between the officer and the love
fsgnty ifto exclude the dangerous pretenon that
he IS Inc mere Of the executive accordingly
he Is to take an oath " TO lupport the eonltuuon,
shmis an oath Of hdeity to the government but no
osh OF any kind 70 the Proficient
Ia tie theory OF the Brith government, It IS entire
Iy different there the majey Of the nation IS under
sood 10 7ehde in The Prince. He is deemed the real
fsvereign he is, emphaticaly the fountain or honor
Allegiance Is due 20 him; and eonlequently, public
Offices are in The tue notion Of holden OF him.
But in our conainron tue Prefdent IS nc. the iove-
reien. thr fcvertanty vclted in the government,
rollefveF; and il OF the fovercieniy, hritty and
sechnoa1 pcaking, thar public officer holds his Of
fcc.
If this view Of The matter he Jun. the BATS of the
ra.i r. the Nj
fuegens oppofte ooncluhon, namely. that the con.
ditiOn Of sosi tbagieg is obligatory the whoe gov
srnment, and ought eperae barrier againl any
authority bv which the displacement of the Judges
from their Offices may be, directly or
fetfed
In the fame peech much lfrefs has been laid on the
words " during their continuance in Office, as Imply
IDg hat the conpenfaion OF the juCge was Id bic 10
ceae by legiils,ive drlcoatinuance oil 'he olhce
II the words had been during t5s continuance n ah@s'
che argument would haze been pertinenS but a they
nand different inference IL any, IS 20 be &Tawn
from them. They leem rather relate 70 the ePntln-
nance OF the osr than 10 thar of the ofFre. But
truth, an ine. either way is priiul fu4nity'
The clsufe Is neutral; is plain and hmPle mfanng
being, that he compensation ihall not DC dimihiihed
while the judge retains the Office. IL throws nP gh
wha-eVer the qucon bog0 Be gy augfly se9s 10 P5
E6 it.
Ancher point is prtiTec with great e2rnefnens and
with great plsuibiuy- j. this that the conit tuon
muf have ended to ach reeompence to fsrvcf ano
cannon be uppoied 20 have meat % beltnw compena
iion where, in The opinion ofte lee haure, no iervN
was necef4y Without doubt, the conhi,u Ion does
rontemplat- .ervice the ound OF conpcniauon ;
hut kewfe takes it for geansd that The leg iistire
wi be circumipe6t in the hihtution or ofices and
ESPECIALLY tha it win be ca eful ehabhih none OF a
Permanent nature, which will not be permanently ule
fu. And. xIh this general prtiump ION, The conttI-
tu on anicipa 40 material inc0uvenienre from the
permanenoy Of judicial offices connected with PermA-
Isnt emolumen,s. And though il (ould have foreieeu
that cafes might happen IN which the ierviee vas not
needed, yet there dtcu " whatever IN he iuPPo
hton that It wiling encounter m trivial cor
tinesnt evil Of having maintain few upeTffuous ot
GERS il order obtain The immcnie good OF eisabih
inc aud ftcuring the independence oi the courts o
uGce readceis Of the Off Ger render iervIce K
The viii Of a. e government, the coniidera'ion as q
b'm, for con inuing the compenistion But the ellen
ta inducemenI IS the pubic utihSy incident 20 th'
independence OF the rd,dcia char d6trr. AS 70 th'
fappoGtion c an enormous aAue cf power by creating