Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-01-30

by tnoic VINO framed the Nonaituuohs ~ WV"
have been necsIfary to have declared explicitly
that judges ifould hold their Offices and (alavi<'
during good behavior.
Such contraction Is not only irfeconcil-
able with rcafon and prophecy. but 10 Iepug-
nant 70 the principles OF the contribution. rs
. principle Of cur contribution, az well ~ OF
common hopeGy, that no man fhall receive pub
lic money, but in confederation OF public Ter
vices. Sinecure Offices therefore are not per-
mitted by our laws or contribution. BY this
contribution, complete iinccure Offices will be
treated hoas of cooeitutional peEiioners will
be fettled on Us, and we cannot calculate how
long. Thin is really creating new iPecies OF
public debt na like any other OF our debts,
we cannot diicharge the principal. at any fixed
time. II is wprfe than the deierfed Rock; for
on that you pay an annual intereh only, and
the principal is redeemab!c at given period.
But here, you pay an ANIMAL principal. and that
principal iredeemablc except by the will OF
Providence. lt may fuit countries where pob-
lie debts are conGdered as public bleiling, tor
in this way people might foon become fuper-
latiyely blened indeed.
Let me not be told, Sir, that the falaries in
the preient cafe, are uncomfortable aud ought
not to bs Withheld and that the doctrine is
not dangerous one. anfwer, il Is the prin-
ciple contend againa and if it is hetcrodox
for one dollar, it is equally 70 fora mill'on.---
But contend the principle, If once admitted,
may be extended to dearuetive lengths. Sup
pofe il Mould hereafter happen, that thofe in
power ihould combine 10 provide Handsomely
for their friends, could any way 70 plain, eafy
and efFeesusl prcient iief. as by creating courts.
and filing Them with thofe frieods Might not
60 as well ss IS, with faaries OF twenty thou
fand, initcad of two thouiand dollars, be pro-
vded for in this way
The thing lruf will not happen. II is
prefuming high degree Of corruption but it
might happen under the contraction contcnded
for; as the contribution preiumes corruption
may happen in any department OF the govern
mcnt, by the checks il has furnilhed sgaintt il |;
and as this contraction does open a wide door
for corruption, il is but fair reaioning 10 fhow
the dangers which may grow out OF It tor IN
the contraction of ali initrumenn. thar which
will lead 70 Inconvenience, milchief or abiurdity
ought 10 be avoided. This doctrine has another
difficulty to reconcile After the law is repeal
ed. they are either lodges or they are not. II
,hey arc Judges, they can he impeached /; but
rOI WtiW FOt M1fJfI""N M H'se WY Aie",
would ak, can they b. impeached for NAL
teaiancc in eDfee, ~heo their Offices are aboiiih-
cd They are nor officers, but fill they arc in
titled 70 the emolumcnts annexed 10 an office.
Although they are judges, they cannot be gull
~ of nal frafance. becaufe they have no Office.
They arc only gxaG Gjudges 70 far as regards the
d1,rs but real judges 70 far as regards the Iala-
,y. II muit be the /aiay then. and not the DIX
ne, which conaitu,c juige.--For my parf,
Il, no, know under what cafs Of things 20 range
them, or what name TO give them. They are
rnacknowlcdsed by the letter, fpirit or geaius
Of our Contribution, and are TO me non-dei.
cripts. M
There is another difficulty under ,hi, con-
i,ruttion aiil TO encounter, and which alto grows
out VI the Conaitution.--By the cophitution,
new State may be formed by the junction OF two
or more States, with their alcnt and thar OF
Congrcis. II this doctrine, once Judge and
always Judge be correct, what wonld you do
in fuch an event, with the diltritt judges OF the
States who formed thar functions Both would
bc unnscrhary, and you would have in hogle
State. two Judges OF equal and concurrent jurif-
dietion or one real Judge with an Office, and
another gsef judge without an Office. The
OtatcS hto tOIinbuk buSH JuNSttois WVuiu VIC
equally cmharraiied with their State judges !;
Tor the fame contraction would be equally ap
plicable 70 them.
Upon thi, conaruetion ALTO, an infalliblity
il prcdicatcd, which il would be arrogance in
any humao innitution TO airume, and which goes
20 ca, up legiils,ion by the roots. We thould
he dcbarred from thar, which 10 INDUCED to US
from higher iourcc, and on fubjeds Of higher
concern than legillation mean retrattion
from, and correction Of ous crrors On all
other fabjea. Of legi0a,ion we are allowed, it
feems, to change ohr minds. excep, on judicial
iubjetfs, which Of all others is the moa complex
and difficult. appeal 10 our own astute book
20 prove this difficulty; for In 10 years Con.
prefs have paled no leis than a6 laws on this
fubjra.
/ conceive Sir, that the tenure by which a
Judge holds his Office. is evidently bouomed on
the idea Of iecuring his honefy and indepen-
dcnce, whlit cxcrciGng his Office. The idea
vas introduced in England. TO counteraet the
influence Of the crown over the judges (; bot il
the contraction now conscnded for hall prevail,
we mall in one miaakcn imitation OF this our
favorite prototype, outRfip them, by eaab!ihing,
what they have not, jadicioligsrchy for there,
their judges are removable by joint vote Of
Lords and Commons--Herc, ours are not re-
movable, except for malteafsnce in Office which
NAL feafsncc could not be cdmmiued. ss they