Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-01

are only KNOWN dS JuuSSS "a TIC CHiteo
States. They hold their commidicns
Of and from, an act under the authori-
" OF the United States. What is then
the fair inference sgainlt what power
under Our contribution was the tenure
,f good Behaviour intended to operate :
iay, FIR, the fair and honca inference
! is that this tenure wa intended as IL
| ui,ation and zserairs againa the u
ni,ed States in It's corporate capacity /;
| nat is againG the government Of the
United States, which in fact and in
truth, are placed n the fame relative
| ii,uation with reipea to the judiciary,
in which the crown, itsnds in that coun-
try of which We have been fpeaking.
| The native citizens of America, Mr..
| Chairman, are a plain bu. fhrewd peo-
pie, of found and di1inguilhing minds,
and poGeGed Of their full lhare of COM
mon lenie. They are not apt to do
| things idly, to adop; neaiures, which
mean nothing, and ale of no avail.
When therefore, they adopted this te-
nure, it is but paying them poor com
pliment'to fuppole, nat they intended.
it to operate only asaira that branch
! of the government, which did not pol-
ieis the power and perogatives, agsinf
| which the check Wa originally aimed
and directed in the country rom whence
we are fuppofed TO borrow it. They
looked not, fir, 80 the found, but the
fubaance they regarded not the name
or the title, bu. the thing itfelf; they
meant no t to conba, a rla( ow, non
entity, but to limit ard contract TIE
pazvsr nfs5c in whatever branch it
might appear to have been depofied
under the conitituion and which pof-
fcfing, or affirming the prcroga,ive of
the Britiih' court, might be difpoiel to
make the jndiciaYa iubcrd'ate depart.
ment Of the govsrnnenc, or to at1ete
the independence of the JUICES. What
ever branch therefore of ne government
aHumes this power, from whatever quar-
ter the attempt is mah TO render the
judiciary iuooydinate tots will and plea
fare, and to infringe the independence
of the Judges this onRitutional bar
rer flares them in theface and upon a
fair and Aonef confuetion of the te-
nure under which the eople have will
ed, that s,he federal jdges hould hold
their commiliions, the can only forfeit
them, Whit the cohtitution lafs, or
until the people think xoper to alter III
they can only forfeit item by ceaGng 70
behayewell they can only be deprived
of them by impeachment.
That this is the ccnaruc.ion heretofore
given to the tenure of good behaviour in
the American world, may think, ALTO be
proven by a further reference tc the fate
contributions. In thoie of New Hamp
Nhire, and New York, it's expressly de-
clared, tina, the judges, who hold their Of
fees duringssood Behaviour, nhall not con-
,inue in them after reaching fpccided
age; 90 OF 70 years; and in that of
Mailachu!s,ts, thai The governor with the
content Of council may remove the Judges
holding uader the fame tenure upon the
address of beth houGes. Here, ] fly, in
the hr& iniance, the exception proves
the rule. IT the Judges were no< to hold
their Office. 81, for this excepsion,) dug
ing their lives ard good behaviour; to
what end, with what poiible view was
the exception as to sge introduced. In
the latter cafe Ii the other two branches
have, (as is cor;ended] in the nature cf
things, and Of courls, the right Ct tepr;y
ing the judges OF their Offices, why was
the provilo adopted What ncceilisy
could there nave been to grant this poRes
expressly to them in the contribution : Is
it not fair and corred TO imply from this
proyilo, this exprefs grant; that in the
opinion of the trainers Of that contribution,
the Legislature wosld not other vile have
poGeIied the power therein given Again;
IN the the contributions OF Pennsylvania,
Delaware, &c. it IS provided thar The
Judges ihall hold their Offices during good
behaviour, sfabje6t however to impeach-