Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-26

Erb1rfxgs8t Of 0Nr government, and fbro'
II. bar C5arfsr If ar Li5er.y and Ia-
df3esdeaee, tie Federal Caztaifstion.
THE publication OF two a9s of the
yI.sr.lla,lr. OF tie Uniied States, of the
sesg5t5 j. Iarc5s and f7Uerry- ninth Of A
Yrl, 1882, coming under the INFECTION
of gh- JUDGES of the United States for.
the CircuB Courts, contributed by the Law
OF the 9Th OF Fearuary l8or, they could
not but perceive, tina, thofe acts were de-
Gggel, and framed TO a5,l59 their rspee-i
sjve Offices, ana to ve& the fame Judicial
powers, in Courts of the like description,
50 be compofed OF otber judges.
Placed, by this lneaflre ofthe Leglaa-
rive body, in circumstances equally novel
and important, evident motives of high
! and iolemn duty, as the Sublefiber con-
Seiyed, required that he fhould not only
deliberate upon his own ftuation, but
upor thar of others; and for hinfelf judi
cially decide upon great quefion, which
neceaarily prefented i.lelffor his mott deep
and relpettful confederation.
After the mott animated dlfcuflion in
the Legislature, majority adopted the o
pinion, I" that Judicial a6sees, under the
conaitution of the U. States, might be a.
b5Ll5ed, at the plealars Of. eaagysis -
And that branch of the Government, by
The acts in queition, purfuant TO fuch OPT
nicn, has x5ayed TO a5olj6 the earts and
eam4enlations 81 the judge, created under
the Law of The 9Th of February 1901.
1t mutt be conceived that we could
not remain indifferent fpe6ators ofthe de-
bates connected with this fundamental
.quefien, in the Legislative body. As,
private citizens we had our concern IN the
refuli Our rights Of Office too, and the
very ferrous injuries which would fall up
on many of US, and OF our families, from
che contemplated neaiure, naturally ex-
cited anxious folicitude.
1t was impofibie, alto, not to feel
, deeply affected by many of the apoeved
nuotfvss for our removal, and the deitruc-
tion OF our Offices matrices which attached
10 private character and upon judicial
srettitude, irEpusaeions ofshe datked hue
Thofe difcuiIons, befdes, were render
ed peculiarly diarefing, by the prlvarion
of ever, means, either of defending our
public rights OF office, or dearer claim TO
private reputation.
Yet, if the 6naI,pafage otthofe acts had
only fpens It's Influence on US, it only ouI
Offices and comFenfa ions had been annihi-
lated, however fragrant the violation of
an explicit contrast mightrhsve appeared,
whatever Of private diitreis, from reputa-
sion impeached, and fubiifence Withdrawn
might have refolted, / folemnly declare,
that affecting mlJeJf alone, ] would have
iubmitted to the itroke. Private facri-
fees have alright 10 make, and the con-
iolation would have been fuhcient, if by
iatiating the demands ofparty, they would
have tendedto bound its progrels, or allay
its defroying fpirit.
But he Judges of the Circuit Courts
were not, in my mind, at liberty to view
this fubjett, merely in its Perfonal bear
ings and consequences.
IF their s Offices were not abolifhed
by thofe acts, but fill exiAed, under the
hyperion title and protection of the coniti-
tuition, that great and irrepealable law of
the people, / ccnddered it an official and
iacred duty, for the judges, continuing
thofe courts, and fworn to fabport the con-
Ritatioa of the United States, to prevent,
by all reaionable means, the execution of
Legislative meafures, which in their OPT.
Mons, ayowedly, and without the leaif
.difguife, aimed to overthrow the ss tenure
ofjudriaI efEce," eitabl.lhed by the Pro
PIX, in thoie fundamental articles of 60
vernment which they hid impoied upon
their public agents.
NIL - ~, c,,,%:ooS nod co,, oaftaj