Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-27


Lament. And now, by the noble improvements
Of that law in the fatute of Geo. Ill. c. z,. en-
atfed at the ezrncf Recommendation OF the king
himfslf from the throne, she judges are continu-
ed 10 thes ofhccs during their good behavior.
notwithstanding any demifc of the crown (which
was formerly held Immediately to vscatc their
feas aod their full iilzrics are abfolutcly fecur-
ed 20 them during the continuance Of their COM
millions his msyefy having been pleAicd 10 de-
clare. that {" he looked upon the Independence
q and upightncf, OF The judges, as edsntisl TO
ss the impartial administration OF juficc as one
:. Of the b.A fecuriiirs of the rights and Iibcr-
" ties Of his fubjeds and as the moR conducive
ssto the honor of the crown"
Nov. Sif, under the do6triae contsndcd
for by the repeal Of this lAw, let Us Zee whether
the Judges Of the United States are ncr more IN
dependent than the judges OF England. the
irit place Congrefs have the powcsot orieinat-
Ing. abollhing, modifying, &c. the cours here.
The parIiment in Englsnd have the fame
power shere.--Congrefs cannot Temovc judi
cial officer from his Office, 70 long as the cfcc ir
fclf is deemed ufrfuI. except by Impeachment,
two Thirds of the senate being ncceGary TO o
conviction. In England, judges can be remov-
ed from their oficss, altho' the Offices may DC
deemed uiefoI, by an ,addrefs of majority of
the two houfcs Of parliament. Here thcs is one
cGcniial advantage in favor Of she indebendencc
of the judges OF the United Ssstes. congreis
cannot diminiih the compenfafion of the Judges
here. dSy,sg fbsir Continuance IN e1sos. In EngS
land The parliament may diminifh the compenta-
tion of the Judges at their difcfelion, during
fbeir continuance ir e5set. Here then 10 another
obvious advantage IN favor of the ipdcpendence
Of the Judges OF the United STATES; whence is IL
then. thar Sc hear of the Independence Of the
Eng. IN udisiary as being the boat and glory os
that country and with juaicc too, and az the
lamc time, bearthe cry OF toe immolation. OF the
Independence of the judges OF the Uuitcd States
when under the Interpretation of the contitn.
ton by the fayorers OF the repeal, the Judges
here arc more independents than the Engi,ih
Judges Ii can have no other objed than 10 ex-
citc popular clanor, which. 1t excited al all,
can have only Ica,cn,asy cifcef, and will be
dipate.tss loon the iubJeci Asall be thorcrgh.
ly examined and underitood. Butit appeared
to him, that il gentlemen really do value tire IN
dependence Of the judges. they have iaken m
| unfortunate gronnd IN the incorporation OF the
| conititstion. Under their contraction, the
judges may be placed not only in a dependent,
| but ludicrous point OF view. Gentlemen adj
| nit that Congrefs may con.titutiynal!y incrsaic
| or dimipih the duties OF the judges; give cr
take away jurifdielion fix tho. times of hold.
ing courts, SC. faviag thercfrom the fAlaries Of
the judsca. Under this adnihion, copereis
may pofpoue the feflions Of the cuurfs for S or
| ten years, and sfabliih Others, TO whom they
could transfer al the powers OF the exiting
courts. In this cafe, the Judge, would be held
up TO the people as penhoncrs. receiving thei,
money and rendering no feryice in retuta |; or
congres nigh, convert them into mere courts
OF piepoudie, aagoing tneni. the moa psitry
dates TO perform. and keep then continually
! IN icilion. in announcement places while new
courts cosld be erected 10 psrsoss, all tie een.
| rial buiincls OF the nation ThiswoGld be TAX
Ing down the high preten6ons aligned 10 the
judges by the gentleman from N. Carohas MIR.
| Hendcricn) of being formed into a permanent
corps for the purpoie OF projecting .he recpie
| a2sinR their WORT enemies --shcmiclves and
degrading them into piiilol courts of piepoud.e,
rendering lissIs iervice. and receiving lasgs
| per;s,ions. 49, And this wculd be the rs1e; d
party p0rpofes were the objcta, and not the
| general good. According 10 hisconafuetiou,
rheie abiurd rcfslts could NOT take place, rnleis
by virtasl breach Of the conaitudon. Becauie,
| he commended, that fcryice and compentation
were couelasve terms and that there ought
always TO be- due srportionncnr OF icfvice TO
compensation. This he conhjered as the plain
and found Interpretation Of the combination,
aad the n,oment II is departed from. infinite sb-
| foSdiues eniuc.--He intended TO have taken
saothet view Of this fnbjeet as it refpetts the
!ative influence OF the law Of the lar fefion, and
the ptopoicd iepeal upon this qucaion bot the
| scnilenan from Maaachufeus (Mr. Bacon) has
put this iubjed in 70 much stronger point Of
view than he could do, that he would refer to
his r:msrks thereupon, obiervirg only thar he
had no doubt but that the law of the lar fciion,
now propcted TO be repealed. vas in every ref
pea ss much oppofed to the doctrine Of gcn,Ic.
men, as the contemplated repeal could br. The
icttions of the law particularly alluded TO. art
the z4,h, in thefc words, !" And be it further
enacted, That the diaritt courts Of the United
States, in and for the diarieis Of Tenncfce ard
Kentucky hall lie, and are hereby sboliihed y
and the a7,h. in the(c words--" And be IL tor.
,her enacted. That the circuit courts Of the u.
nited States heretofore caabliihcd. fhalI ceaft
and be sbplnhed." f9-ssa ist (.
| (Mr. Gas,' lfeeeb TO be esseisdti IL onr next.
For the RHoDs-lsLAsp EErvrLicAN.
II