Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-02-27


ehu derived hom an atmmiftrst,cn o' iul ice
over this extenfve cnontry. IL ,h,s yrea, object
Can be better effected with the additional cxrence.
thea II is proper :, coniider whtdsrihe ame.ior-
alton is wouh the price; but il il Ia cot better
eiletted, IL inely cannot be the with ofany gen
teman 10 incur uiclels eypencc. If. v hen
th, law psded the bahoeis. TO the ,ranfatiioh
of which the old courts were folly compe.ea,,
was lciicaing then furcly there was no ocealou
Tor additional tfibunsls.
The m,rc important canfdetstion involves
the cooaitutirnsl 9ueRion Can we, according
10 tha, hcrsd lt,umeni, reveal this law, and
dcRioy the ofices created b; IL IL We caunut,
hope the Senate W II fcjet The ptopod ioo on
Your rhe. BUT live can, 40 n exsin,nation
| ihink We may, uua the re!outioa will oc
adop'ed
The genilerao from Kentocky, who intro
daced ihi' iupjett, has e. iuiiy ard focio', sn-
ed 'hat pa'' OF ne argument which stt1fittes
thai lhc oihee OF judge being declared by ths
conH'iu'ion 10 be daring good behaviof, ,uait
evidently sprly TO exiting ofR 'ss, an1 not 60
contea the power Of the lcsin.suse 10 dong
asay ohiee', that ihsll net tuueh il.
| have taken a view OF the conltitution.
which though neR IN this ueumtn;. aapesrs 10
me 20 oe clrrea and concluhye. The gth fec
ton d the sd article OF the contribution declares
that " the PfeGdsnt, the Vice .prei,ieot and all
civil officers of the United States, ihsl be re-
moved from Office on impeacnmcnt Tor. and
conviction II, treslon, btibsry or othes high
crimes and mncneanoB."
ihi, fiction being added TO the article ef-
tablilhing the executive power. evidently oper-
atc' as rehituton and curb 10 iha, poeet--,o
prevent thc Preldent, Vice PreGden,. or any
Officer in the sp2ointment OF the PrsGdent from
remasuiHg in oH.se. when in shc opinion Of rho
iegFFAgUrs, the pubiic good scguires thin, 10 bc
dnpiaced. The practical conitroetion put opon
this article IN connstiion With other paris OF the
conaiIation. is that al officers in the appoint-
mem of thc Preiident r1oy be removed m bis
w,lI but that thoie ciiice's. together with him
fell may fipsIly be removed upon inpeach ncrr
and consiei'on by ,he IegilatuTe. No part Of
the contribution expressly gives the power Of re.
moya 10 the PIeident; but q conitrutsion hai
been adopted and prstiiicd upon. from City,
giving him that power in all cafes in which he
ia NOT expressly rearsined from the eseIciie il.
The Judge, afoId an initance in which he isex-
preby refIantd from removal. Il being de-
elared by the m fcetion Of the 81 atIc'c oi tho
conltilution. that the judges both OF tie iupreme
and inferior courts ihall hold their Offices dur
ing good bchfvi1r. hey doubtlei, fhall las
aganit the Preddent', power 10 retain them in
othee) in common with other officers Of his ap-
p3intmcnt, he removed from Office by impeach-
nent and conviction but il does no; follow
thar they may not be removed by other mcans.
They ihall hold their Offices during god behsy-
ior, and they fhall he removed from Office upon
Impeachment aud conviction of trcafon, bribery
and Other high crimes and miidemeanors. II the
word imbr0e5men of b,gb eyimet and M ydeneanar
be underitoud according To aoy contribution of
them hitherto received and eAabliihcd II viii he
fond that aItho' judge guilty oi high crimes
and nhdemeanors, "a always guilty oi miibchdv-
iUr in ofice, yet that, OF the various ipcoic, of
niibehavior in office, which may reader il ex-
ccediog'y improper that judge ihou'd continue
IN off e, many OF them are neither trcafon, nor
bribery, nor can they properly b- digrihed by
the appeIh,'on Of high crimes and mildcmcan-
ors. And for the impeachment OF which no pre-
oeient can be found nor would the words Of
the coafitu,ion juRfy fuch impeachment. To
What ioofce then ihsl we refor for knowledge
OF which contributes this thing called miibrhav-
Tor in Office The conaitution furely did not
intend that a cJcumltance 70 important as the
tenure by which the judge, hold their Offices.
fhould he incapable Of bling aicertained. 7brir
my9rbavisy certainly is not an impeachable Of
ieoce Roll il j, the ground upon which the
judges arc 10 be removed from Office. The pro-
ceh of impeachment. therefore. cannot be the
only one by shieh the judges may be removed
from ofice. under ard according 10 the conai-
tuicn. take il. therefore. TO be a thing un-
dcniIble that there refdes fon-shere io the gov
emmeo, power 10 declare what mall amount
To uifb-haEior in Office by the judges. and ~
remos. hem from Office fof The fsne without
imr4chment. The conhiintion does not pro-
hihii rheir removal b, the b:gila'vre. who have
'hc power 90 make ~ isrs neceaary and proper
for Carrying into execution ihc power; ve,ei
by the conItuption 10 the government Of the
United Stsie,. Bot, fay. he geu,ico1n e. n;
Network. the inde,I are oftefs irftitUted Y