Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-01
: III. Nuysy'sS5e..j, continued.

good tortlne 20 be initiated m the myi-
teries of The law. l am no profciiiona;
man; nothing more nor ieis than aplain
farmer, or to ufe & more appropriate term
of my native fate, PLAIN and Il truttl
honef planter. l cannot hope, therefore,
to throw mach light OF legal quefion !;
nor 10 ! feel myielt adequate to the dI-
cufion Of legal terms and niceties. I will,
nevertheless, claim the indulgence of the
committee, Whit make a few oblerva-
tious on the iubjea, even in this point of
view.
In the earlier Gages ofshe Englith, as
we'll as many other European govern
nents, the King Fat aud administered
jufice in his own immediate perion. This
fate of things, however, neither could
nor did lat for any comfortable length
OF time. Ii was foon found expsdient TO
diiPenie with the perional attendance Of
the Prince, and the administration Of jul-
tice devolved on certain fabititutes, who
were fili fOppoled to repreiens his per-
ion, acted in his name, and held their Of
fees at his pleaiure. As the darkness
aud Ignorance of the middle ages were
diiperled, and the inhabitants of Europe
became more enlightened, the feudal
chiefs, in the iira intances and afterwards
the people generally, incTeaied in power,
and procured TO theIaielves certain ri ghts
and charters. B. degrees they came al
70 to participate in the legiNasion and &C.
vernment of the country. But the laws
were fill interpreted, and juifice admi-
niltered by the creatures of the crown :
and experiences fuRciently proved, that
whit the JUICES were left at the mercy
OF the Prince, they would invent modes
and find e'aGons, by means of which the
will Of him on whom they depended,
might be carried into execution. Tie
nece6ity, therefore, of eilab]iihing the
independence of the Judges became evil
dent. and the people of England, after
long Rruggle, tucceeded in carrying this
point. The judges inaead of holding
their commifIions durante bene plscito,
during pleaiure, as heretofore, received
them under new tenure, guam diu be-
ne fe geiierint, during good behavior nor
could the King any longer remove them,
exeert on an address from both houies OF
parliament. This was all that was ne,
cehary all that was required all THAI
could be done; for, as the two .houies
of Parliament and the crown united, pos
ieEs what has been fyled omnipotence, as
they act not only in the confined iphere
of agents, bound down by certain fixed
rules and written contribution, but are
fuppoled aho to reprefent the nation in its
original capacity, there is nothing foia-
cred un Ter this iyacn of government,
WHICH they cannot and do not control and
alter at their plealure and diicretion.-
The Judiciary continues, nevertheless, in
that country, to be lubordinate depart
ment, the judges continue kiil 20 hold
of, and from the crown, to sdnin.itsr
iuNice in its name, and are fuppolsd TO
be an emanasioa from the regal power.
The courts are it,il called the Kings
courts. The judges the Kings judges.
This being the cafe, as refpeefs the
King. power and prerogatives in Eng
land, gentlemen now bring forward the
monRrous doctrine, that the executive
Rands precilely in the place of the crown,
and infly that the Judiciary are placed
in preciiely the fame relative Gtua,ion
with reipsa 70 him, as tia, of England
is 70 the crown.
And is ,hi. really the cafe MIR. Chair
man ; Is the judiciary Of the United
State. really inbosdinate to the execu-
tive 4? Do the judges indeed hold, as the
gentleman from Virginia Mr.. Giles
tell. us, of AID from the Preiidens ttai
very PRECEDENT, at whole trial, in cafe
of Impeachment, one Of them is to pre-
fde; dothey indeed adminiiter juiice
in his name 7 Dces their power ema-
nate from him' Are tn: federal courts
the courts of the PscGdenr, III federal
Judges, his judges No, Sir, the iede-
-, o,,r,s are tbe courts of thee( Tnited