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

lenle -IeQulIS1 dS VIC lldVc JuIt lNCWb ID uoli-
| in the contributions of PENNY lvania, and
+! Delaware, an union Of two thirds of ali
| the members Of both branches ofthe legl-
lature to effect the lame thing :, viz. TIE
removal Of the judges.
Far however, as ,heie examples go to
hew tie effect, which this tenure was
fapfofed TO have in rearaining the power,
as well Of the Legislature as the executive,
the ~poin, is till more triumrhantly and
unaniwerably proven in the cafe OF thole
ita,es, in Whole contributions TO fpecihc
mode is provided of removing the Judge,
except by impeachment, and In which the
executive neither exerciies nor has the
power of rem owing az incumbent from sf-
fee. Such i. for example, the cafe in n.
Carolina, and in the fate ! have the no.
nor Immediately TO reprelen,. Here the
judges are choicn by joint ballot OF both
| houfes, and hold their Offices during good
behavior. The executive however, nel-
Their does nor can remove any cirll Office
from Office, who holds comrnifoa at plea
fure. Did the judges, therefore, hold I'M
der this inferior tenure, they would be It'll
out Of his reach, beyond his authority and
his controul, yet the contribution declares,
6 they lha'l hold their commifions during
good behaviour Why then is this par
ticllar tenure lecured to them by the con-
fitution? In whole hands is the power
placed, agaiof which it is intended to o.
pesate and lecure chem? Certainly not in
the hands of the executive, for VIC have
jue ieen, that ne cannot remove from Of
fee even in cafes, where the conmifions
run during p'eafofe.' If any thing
therefore is meant by this prcvilion in the
conaitutions ofthele fates, the intention
and Object mutt have been thereby to Ii
mis- and refrain the power of the lesiila-
ture ard as I have never yet heard it
contended, that public officer, holding
during good Behavior, could be turned ous
ofoace by Emple vote or yeiolat;on of
the two houes, it follows, that this tenure
was adopted to prevent them from doing
the fame thing by Gde wind, by derang-
log the individual thus fecu:ed, and tax
ing his Office from him.
From this haay review Of the fate
contributions, il would appear, that in the
general received opinion of the American
people, the tenure of good behavior, where
no expreis r.oviiions te the contrary were
introduced in tier fate contributions, went
to fecurc the independence of the judges
and their eoatisuaxee 1.-THE very term made
ufe of in tn. contribution of Virginia. in
Office, equally again& the attempts ard en-
croachments Of the Legislature and execu-
tive.
The wife men, who framed our federal
compact were perfectly aware Of this
The fate contributions were all before
them. They were we'll acquainted with
the fentiments and opinions Of the people
in every par, Of the continent. They
deemed it, however, mott expedient to o.
NIT the various exceptions, contained in
the ievcral fate contributions; and meta
bli!hing the federal judiciary, they care
fully provided, that the judges, both Of
the fupreme ard inferior courts, fhould hold
their offices under the pure and iimplc te-
nure Of good behavior, fubje6t TO poili-
bility of removal from Office in no other
way under the contribution, fave only by
impeachment. So far were they, indeed,
from intending, that a bare majority Of
the two branches Of the Legislature, unit
ing with the executive, ihould have the
important and efettual power Of derang-
ing and getting rid ofthe judges, by put
ting down thei7 Offices; that they would
nc, even trua them with the much inieri-
CT power OF reducing their fala'ies; but
expressly provide, that the fa!aries of the
Judges mould rot be diminifhed during
theis continuance in Office. In the only
infance, in which they grant the power Of
removal, viz. By Impeachment, they avoid
giving the executive any agency whatever
in the buiineis; they lalpend all the le.
siila,;ve funtiions OF tie ienate and houfe
OF representatives, and introduce them en-