Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-26

sres permit the Office 10 long 10 remain.
Z, IS isid in the Sih Sec. ci /. Art. that
:. conareis ihall have power 10 cOnititu'e
tribunal, inferior to the frpreme court"
This power was neceaary TO be given, O.
,herwiie ,he tribunals could not have been
continued, and when contributed the du-
ration of The Office is limited in anothe:
part CT ne contribution; and any implied
vower lIerein contained cannot be incon-
i;,en, 18th an express provilloni for a
mere :npl;cation is never to take prefer
ercc OF a pof'ive provlhon. Ire other
IDS, relied upon, are contained IN the
il,. Sec. Of. ,he 81 Art. What Is the
rneaning Of the words freu 'fare IL TIN
They are rfcd but in three og:.er parts OF
I! contribution, and when uted they DO
not convey ,he idea of undoios what may
b done. Indeed they are uled II cafes
wfere it is impratticable 10 undo what
ihall have been done. MIR. Hemph.h
h..c read 9Th Sec. lit AIT. No. 3, 9th
Sec. III Art. No. s, and sd Sec. I'd Art.
VIVA, 10 theie words mean in that part
of rhe contribution under dilcu.ilon !!
The foreme court had been mentioned
il I'd and 81 Art; f5e fupreme court,
w1ch implies that there lhou!d be but
caS.
Trey were not uled to give congrefs
? Sev TO conititute inferior courts, tor
,"ar power had been rreviou0y given,
a | ii the interior courts, together with
th. Off es of the judges, are as is con-
tended, Ebjeas of ordinary leg'llation,
rhcte words were vnneeefary to enlarge
the powers of ccngre!s on them, for on
al fuOjetis of ordinary lesila,ion congrefs
have an objectionable right to enact and
focal at Pleafure. 1, is no, faid in the
S'h fec. IL art. that congreis lhall have
fywer TO borrow money from time to
t.,c. TO regulate commerce from time to
tune or to eRablilh poi Offices and pot-
roads, from time to tins We, no body
dcahts that congrei5 have righs to NIX.
and repeal laws on thcie iubjel1s, wher
y may appear expeclent /; and The fame
power would have extended TO the clauic
wing power TO ccnttitute inferior rribu
nais, Il there had been no reirittion In
any other part OF the contribution. As
theie woIdS are unneCeilarv TO give the
power ccntended tor, they mutt have fome
other meaning. The plain meaning is
this, that theie words, together with the
frit part OF the fiction, were not uGed 10
give power to conititute courts, for tha,
power had been previculy given; they
were merely introduced TO difpoie of the
judiciary power, and to declare where i,
ilculd redde the Judiciary pow er of
tic United States fhall be ve!ted IN one
iIrreme court, and in fuch inferior courts
as The eongreis may from time to time
ordain and efablilh." meaning the power
before given, which was Discretionary as
10 number; the claufe in the Sth feet. of
the 1T article is brought here into view,
and in the very next ienterce the Offices
are potitively fixed and limited. Here
then is an expreis and poiitive proviion,
uncontradieted by AIRY express declaration
OF by any violent implication. Tits iaid,
that there are words of negation uieo as to
the compensation of the judges, and why
net TO the Offices If the words had beer
and lhaE at itsted times receive for their
feryices compensation during their con-
tinuance in otfce-will any man in his
fenfes fay thar the compenfatio could be
taken away during that continuance? yet
although the compensation could not be
taken away, 1t might be le1ened, and the
words of negation were to prevent ,h,t d.
minution; but as the legal I;gnifcation
OF an caice could not be lenened, the
wuIds there would have been iurpluiage.
TO be continued