Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-04-03
M. GILES sr.scn. a.se 3.A.ti.y s.A


Icssozds<J
He faid he wcold now examine fome Of the
confquences Il the doctrine agaira the repeal,
and fee II it can Ike recommended from that coa-
federation. Fra ~ il reipeels che iudicisl de-
psrtmcnI ln 6re effect is 20 prodalr per-
petoa increaie OF judges and ialaries. wiIhopt
any practicable mode OF reducing them. This
is inconinent both with the gcnessl itntiment
of the people and The contribution, that requi,es
that no comPnfalion ihsll be received. without
an cquiyalcnf fcrvice rendercd.
Tho gcltloman from Pennfy lvania iuppolts
that there would be as much danger thar cor
rupt leginssure would give an enormous fun,
FAY 100000 dollars to one judge. as to incrcaie
too great hsmher of judges. Yet he Jays the
Iegiilstufe is Iearsined IN cxpreis words ffom
leaenng The ialary, aod infers from thar cir
cumRsncss that il is slio reerained from leGen-
ing the number Of Offices. MIR. G. made from
il, the direct contrary infevnce. II there be
neither a.power TO leflsn the fun nor aboih the
Office, there is no rcmedy for the evil the gen.
,leman fugaeas. 1t is an ineurabe miichief.
There isiberfo,e q pcceility for = power to
sboliih the Office, as q remedy asaina the enor-
nous shufe of giving 70 large fun without the
words were deemed pcceGsry to limit the df-
cretion Of fConsres sgaina dimin:fhing the fun,
70 would there have been greater neceaity for
exprets words 10 limit the diicretion Of Congreh
againa the abolition Of unneceaary Offices.
Ms. G.. faid, thar according to found
rule OF Interpretation, where general grant of
power Is made, aud one Limitation to the general
power, il expreGed--the cxpreiiion of iha, lin
itation 10 an excluhon of all intention to make
any Other limitation whatever, by inference or
implication. And this rule will apply 10 sll
other czfrs put by gentlemen, where there is an
cxprck limitation Of legina,ive authority. Bot
the moR important coniequcnce from this doc
trine is, shat il ereets the judges into body
polite. ard corporate, in perpetual iucceiion,
withsccnforisl, and controlling powers. over the
clhsk kacpasiments--- And for what purpofe
The geatlcmsn fom North. Carolina (ds. Hen
derfon) has Informed Us, "to protect the people
aganii their WORT enemies" This
is the real expoftien Of the ol,jses in very few
but emphaiical words. As the inducemtnt TO
the adoption of this principle, gentlemen have
reminded us of the fate Of foreign country, Of
the violent pafIions which agi,a,e popular aiIcm-
blcs, ofthe age, experience, the unaGumiog ,sl-
ens end unamitious virtue Of judges. He faid
the judges were feleaed from their fellow -ei,i-
xens, and he prcfumed, poneIed the fame hu-
man propcnftics. Hc iaid all men love power.
and in general, thofe love il bea who know bee
how to ufe it. Let US apply this remark to the
judges Of the United States.
Very fhortly after the eaabliihment of the
courts, the judges decided that they had jurif-
dieiion over the aaies in their lovcIeign cspa-
city. Did this, in the judges, ieem onambi-
tious The nates thought it did nor. IL hap.
pered iha, during the revolutionary war, tie
fate Of Manschuicln had iiIued certain obliga-
tory bills, which were made transferable, sod
which were outAsnding without any proyihon
for their paymen,--fuits were inGitutcd on theic
bills--ihe court determined to bring the great
Rate Of MaG4ehufciu, and not Virginia, on its
knees, not at The feet Of jpfice, but policy.
Upos The rprefenta,icn OF MsGacbuie,is, al
amendment wn made to the Contribution oftbe
Uniud States, declaring that the Contribution
fhoul not be confTued to extend to autboIif-
ing tie courts to arraign and pronounce jadg-
ment sgainiv vAates which bad not eonfented to
give up ;heir fovereignty. Thu, this unsm-
bitioss projra of rbe judges was proarated by
a coas:tutiona interpofuion. He read the
amendment in the following words" The ju-
dcisI power Of fhe Uniied States, lhall not be
conf1ued to extend to any fai, 10 Law or equi.
~ commenced or profecuted againa one Of ihc
Unird STATES by ciiixens of another rate, or by
citizens or iubjrti, Of any foreign fate" The
judges have determined tha, they are judges in
the isa refort upon the conRi,utionality Of your
laws. He propoied not to difcufs this queaion.
becssfe he did not think il pertinent to the quef
tion before Us. He only mentioned il to ihew
their unlimited claims 10 power. The judges
have detcrminsd tha, their juifdidion erends
10 the lex ron Jtnfi&, or rather to the lex ron
do/eyy a, or common law. Docs this. 10 the
judges, fecm unanbitious This law pervzdcs
the whole municipal regulations Of the country.
Il is unlimited in its objee. and indefinite in irs
chsrstaer. Legaife this unaIuming claim Of
jurifdidion BY the judges. and they have before
them every objea Of lceiaaticn. They have
lent mandatory procef,, or rreccs leading to a
into the executive cabinet, to exam
me its concerns, Docs this, 10 the judges, feem
Now, Sir, examine and eoubine
he ertraofdnzry pretcpGops 10 power. lceaiiic