Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-26

the riique Of The abu!e 0: power, and have
retained the power of correction II their
OWL hands; and what is the p:ain rene
dy for an evil in the preient cafe, If il
ihould exit I? If the number OF Jour ladges
is little TOO great, declare that vacan-
cies thall not be dl.ed-lt they become
corrupted, impeach thern; Ii by any un-
common event in the circumstances of the
country, or the wickedne!s of a legillature,
the number ihould be ext.avagan;iy great
and uieIeis, put them down by changing
that part of the con!titutlon. And tbs,
Sir, is not monarouily didiculs thing.
We have already had amendments to the
| contribution, when the eme: sency was net
great. If any evil lhouid grow our of
any part of the contribution, 1t can eaiily
be removed By the hands Of the people
cona:salionally raifed; the jc5ges are ie-
cure and no, within the reach of raging
| party, yet they mutt always remain with
| in the reach Of the cool reflection Of the
| nation, and if the people will not agree
to make this change, it viii! be proof
| that the evil does not exit, ard the great
! order of things ought not to be changed
for mere imag complaints.
II: congrei., in coming here, and car
rving with them the ientir,ents Of the
people, and as their immediate .TePrefen-
tatives Can do every thing which may
appear TO them for The good of the pco-
pie, under every change of circunttan.
css; a written contribution would be
re.is. Upon this principle the ienate is
unrc @4ary. The gentleman from North
Carol;oa, M. fienderfon) has properly
dila,cd upon this view of the fnajea; ca:
contribution is founded upon different prin-
oipj@s and fnch ideas ought not to govern
IL putting a contraction ca II. Inc
PEG pie Ia,e retained power to .hemielves,
md have laid 20 the leg ilature, thus far
you hall 60 and TO farther. There are
certain cafes, wherein you illall NOT be the
jadg 6 0. VIVA, vii. or VIII no, be tor Cur
advantage. We have fixed the principle,
and have taken the rsfpenhbiiity upon
omielves; on this referved ground You are
not to walk One of the great and .ead'
Ing principles agreed upon by the people,
we contend, was the indepenAency of the
Judges. They calcuIa ed that the great
good flowing from this principle would
far outweish.any apprehension OF the abl!e
ofthis power in giving birth to too many
or improper Judges. If, MIR. Chairman,
l have perfectly comprehended the argu-.
ments Of our opponents they all converge
to one or other of two points: 1T. That
the words in the conlitution refer exclu-
Gvely to the executive, ard are meant to
render the judges independent Of him
only; the fecond point, which is rather
a fubordinate one, operating in fupport
of the 6.R, is that the Office of Judge is
created by law and not by the coniti-
tuition, that it is creature o. the law,
Whole Nfe and death is to proceed from
the fame hand-I will proceed to exa-
mine the,e two points, giving my hearty
afent to the acknowledgement OF our
opponents, that it is dangerous to the Ii
berries Of the people to legillate upon con-
hruttive powers.
AS to the hra point, would ak on
what part of the contribution is this OPT
Mon founded, where is it 70 expreiIed j;
if there had been an express proviion,
that the executive might remove officers
at pleaiure, there would be iome weight
in the argument, though far from being
concluGve, that this clauie was intended to
prevent him from exerciling power in
regard 10 the judges, which he was allow
ed to exerciie as to all other officers
When nothing of this appears on the face
of the contribution, how can you infer it,
for the purpc!e Of making one implication
aGif you in making another; you make
words, which are general, apply to pars;
by implication you fay, that the power
that has right to create has right to
dearoy, if not prohibited; by this rule
the execu i've can remove all officers Of