Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-09-06

IN 1scb iEfsror C9nrfs ar Cotqysji may from tim
| (" 70 firs ordaia and f8a5EGs Tfs JUDGES, toll
( !" Of fbe Sgbre'ae and Lajrrior E1artf nail Holt
I" TIER OFFICES DURING GOOD BE
(" HAVIOUR: and b5ag at faifd hme, rfceiv.
&c computation fer. tier ler0ice5, eobieb Pail ao
'sbe afriyiBsd dariag ibsir sosfiauarcs in 57cs."
" What terms Qsys The Judge) could have
/ been diviied,in the Englifh language, more de-
clive II s not faij, they hal hold their Offices
againa the will of the PfeGdent or arainlt the
power OF Congrefs but, Gmply and univerl4lly,
thar they fall hold their offices during good
behaviour.
"The legiaainre, then, can annex no new
conditions, and fay: "Vou ihall hold your
Offices, until we repeal the law creating them !
or until we abolih them or, until we create
Dew courts, and inyef, with your power, other
Judges, who may luit US better or, until thsie
ihall appear TO no fu rther nee ellity for your
courts or, you fhall hold e. long as we think
it economical TO pay your Giaries." No power
is given to Congreis Of terminating juIicial
Offices az all"
The Judge renders the rubjea plain, BY
variety of illnarstioas, and recurrence TO OBJ
le6ions which have been made The follow,
ing is bis conclufon
"AIter thefe celebrations, it remains only,
that lhould conclude with a dltntt exhibition
OF my oDinioaa, rel lurions, and motives,
"And FuR, For the reafons aligned, l
rnaictain a, my deliberate, f3lemn, and judicial
opinion, that the acts OF March and April, i Soa,
defgning and operating fnbaantialiy to aboliih
the Offices and iaa,ics of the judges under the
law Of the / 18th of February, 1891, are 70 far
unconstitutional, and for that reafon weld
'And further, that the judges Of thefe courts
respectively do OF right Rii " hold their Offices"
as a. hrR.
" Seeoud5, Nevertheless, tbofe aas of March
and April, 8o5, create many impe ments
winch o2poLe the execution OF our Offices.
Z The dicontiuuance Of our Computations,
the dedru6tion ot our teflions, as to time and
place, the privaton of officers, and other evi
dent embarrafr gents ocl aiioued by The opera
ion of thoie acts, on fobetis OF mere leg iGAtve
crganizalion, mutt create fufpl nGoa of the
exe'cif- Of our powers OF cfice until CongTef
ih4Il by law provl0e tie means neceHary to
their execution. We ihalI respectively Rand
acquitted, under fuch circumR ances, if 10 at
tempt is made 10 hold our Courts, which might
be productive OF difordsr, unf.em,y condi:f and
error.
;" Should The opinion herein delivered, on
this important quefion, hually prevail, 10
doubt can be ENTERTAINED bit that the legislative
body will, with sacrity and good faith, pats
fuch laws as may cure the d1continuance of
the courts, and enable hem to relume their
u(ual and contiutional funclions.
Ibudly, In the interim, hold il my boun
den duty 10 claim the Office thus apPertaining
10 me- aud publicly to PROTEST. againa the
at of all perlons and authorities, who are de
Gguated by the laws of the 9Th Of March and
z9.h of April, 1902, who may in apywiie in
the rsforation and full ex,rcii- of my office,
a one Of the Judges Of he circuit court OF the
United States for the third circuit.
FoartbL, In circumaanccs 70 peculiar, and
IN cafe Of fuch magnitude, [ conceive i an
obvious right to give publicity to the foregoing
opinion and raaions.
The judges under the act of Feb. 1901,
have been left without any other means Of de
clarng and making known their fentimeEIs
and claims.
6 To thole who know the courfe of my life,
the tire at which il has arrived, and the prin
cipes which profefedly land | TUT really
govern ii, will acquit me ofany views inimical
70 the peace of my county. or 20 It's conttitu
ted authorities. have fpent the belt of my
days in eforts,at Ieat, % attain and fecnrc true
civil liberty and the f4tions IhAve filed, by
the favor and conf ience of my fellow citizens,
have afforded me The hghet opportunities, IN
public ituations, of being ufeful TO the extent
Of my humble abilities; yet the al which |
ihal now iuhfcribe. is far the moi important
Of my life, with reference 70 human obligation
{" If any difference Of opinion, between me
and my aGociates ia Office, exits, il relates
merely to the point of tine, for expecting our
fentment: | can confidently ahert, that on de-
Liberation, they coincide with me in other ref
peds.
{" But whatever difference was JULY due to
the IDEAS OF Others, my own confcience and
judgmsnt, after weighing every confederation,
difs tedlhe preient line Of conduit.
81 have delivered my thoughts for the ben
ei, Of Ihole who are called 10 reflect on this in
- IL