Jenks's Portland gazette., 1802-06-07

/ fcrtitade and peri verance. Truth viii be
moh likely TO prevail. when the arguments
which fupport it ftop Al temperate rneAn, con.
| fltent with pradica convenience. TX II, IL
| always error. There Is hardly any theo etc
hypo ,hefis, which, carried to &C. tain ex re e,
does not become practically tafs. In oonliru-
ng a confiiutiun. IL is vie a. f4r as q. nible,
| 10 Purfue courte, which will recoacile Zen
| rial principles with convenient m difcai Ds-
| If guided by tn ipirit in he greet queaia
| which fsems defined to decide the fa.e Of our
government, II is believed that the rrful. viii
accord with the conitruction. thst Congrefs
have right 10 changeor aDofh fesio, courts,
but not to abolih the aaua judges.
Towards the iupport OF his contribution, ic
has been fhewn in another place. that the courts
and the Judges are dliine legal entities, which.
10 contemplation Of law, may e1'a. ndepend.
| emily, the one Of the other-nutu lily related.
but not infeparable. The aa Propofsi 70 be
repealed exeInPl6es this idea in prad'ce Il
abolilhes The 1i;iritf courts Of Ternehee and
Kentucky, and transfers thsir judges to one
OF the circuit courts. Th ugh the authorizes
AMI jnrifdiaion of thofe courts are veted in he
circuit court, 10 witch the judges ere trans
ferred yet the indemnify Of tie coart oeaies Il
cannot be maintained that courts, 70 different
10 their or .auiz.lion ana jarf iietIon, are the
fame nor could leglaive transfer OF the
judges have been coDtiIuliona, bur upon the
bypotheiis, that the Office of Judge may fur
vive the court Of which be u nnemuer. "A
new appointments by the exec utive, Of two adj
1itional judges for The circus court, would 0.
therwife have been necef4ry.
This precedent in all its points is cor-eA, and
EXHIBITS rational oper afon Of the condruetion
which regards The Office Of he ju g, as di.
ihd from the court, as ore of the elements Or
eonaitueot parts OF which it is compofad; not
as mere incident thar mutt perth with It's
principal.
1t viii not be dlprie1, that the conaitut;on
might have provided n fym5, aad with effea,
that an inferior court which had been eitab-
lihed by law, might by law be aoolithed; nev.
ertheleis, thar the judges Of fnch couFt honld
retain the otices Of Judge of the UniIed States,
with the emolurn snts before attached to her
Offices. The nperaii Of fach Previhon
would be, that when The court was Abolifhed,
all the funAions 70 be exc uied in that court
would be iripended, anl he Judge could only
| continue e. exsr he autho,itirs aed perform
the duties which might tefre have been per-
| IN court but he would have the capacity to
be annexed to another court, without the in
| tervenion of new appointment, and, by that
annexation, Gmply to renew the exercae OF be
authorities and duties which had been tuipen.
ded.
If this might baye been the efFea Of ro6tivs
and explicit provfon, why may it not iikeFifs
be the refult of proyihons. which. pretentiog
oppotite conf leratiohs. point 10 the fans con-
clufon, as compromile calculated 70 recon
cile thoie conf Ieraticns with each other. and
to unite different obieas of pu1lc utility Sure
ly the affirmative iairinges no principle OF legal
conirudos, tranfgrea-s no rue OF god lanie.
Let US then inquire, whether there are nor
in this cafe oppoGte and c9nfi cling cohlldera-
tons, demanding comPromi- OF this nature 2
o. the one hand, Ii is evident that if all rferior
court once nlitured, though found inccnve-
nient, cannot be abolifh.d, this is 10 entail up
on the commun The nifchirf, be il more or
| lefs, of firit error in he administration of the
government. On the o her hand, IT is no leis
evident, that If the JUICE hold heir Offices at
.he dicreion Of the leg sture, they eeaie to be
| a coordinate, and become 1e?enden-, branch
Of the government srem which dePen ienee
nifchies infinitely greater are 10 be expeeed.
All thzie pf-hiefs, the leiTsr as we'll as the
greater, are avoided by fayi g, " Congrsfs may
aboll(h the courts, but the ju5ges ihall retain
their offices with the apPurtenant emouments. 7
The only remaining iuconvenience then, will
Be one TOO iniignifi Ant to weigh in nati nal
fcaie, that i, the expence of the eompenfatious
Of the incumbents, during their lives. The
future and permanent exPsnce vii be done
| away.
! Bot will this confsruaion fecure the benefits
| propofed BY the connituticn from TIE indepen-
dent tenure OF judicial office . Su Itantial'y x
! will The main objea is 70 prefeFve The judge,
| from being influenced by an appreciation OF
the lols of the advantages of oftice AS ihis
| lof, could NOT Be incurred, that inalence would
not EXIT Their 6mnsE could net be Allied
| by the danger of bkDg iupeFis-ed, and per-
haps confgned TO want. Let il be aided, thar
when II was undc food not to be in The power
OF the Iegi1ature 70 deprive the ju iges oi their
Offices and emolumenrs, il ysoui. be g'est.Te-
(traint upon the fatfious nc'ives, whcn mignr
. Il -. - -~w~E~a~ A