Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-30

the manifea in1ent oflhe contribution, il
ny apprehension, means nothing fnort Of
the full right of continuing in, and exer-
citing, the judicial powers attached TO th'
|tcourt they cempoie.
live execute thoie powers, we hold
the Office. If Others execute them, they
hold the Office. The only guefionis to
whom, ofcoAfitutional right does it be-
long to execute them.s
i'hofe3who maintain The great and IA
lusary principle of an Independent, judici-
ciary, refulting from the constitutional
tenure of Office daring good behaviour,
and who are not prepared TO reGgnit for
an empty NAME, mutt | apprehend, be
brought to this, as the only found and IA
tisfattory concluion " Iha, the judges
ola court once ordained and efablilhed
by Cougrefs, have in virtue ct their Office,
and as s0sadazYy coaqlfatizg IKE 1Fef itt<J,
a tDefed Mle, under the contribution, TO hold
the court and eyercile the judieial powers
attached to it.
/ deem it fuperAuous to confder what
eoxersG may or may not Do lawfully IN
notifications and amendments, by altering
the legFox,, varying territorial limits OF
jurifditiion, changing the GyA OF courts
and Judges, adding to and dimiMl5ng the
flock OF judicial bszvers and duties In the
fame court.
fit is faid, that f1ouli it be confirmed,
that the off ce ola Judge" conGas 10 an
executive right to exercife :" all the judi
cial powers" attached to it, in its crea-
alton and no others, this might prove,
ire5uveuieat !; aufwer, that if this is
The found contribution, or the one attended
with the lealt bad consequences, inafmuch
as it complies with the words ofsthe con-
(titution, and maintains the independence
OF the judges it's favorable objea) it o4g6t
to jprevail, having the inconvenience,
Il they exit, to confifatjonala and not kgH-
Iqti.Oe asendnent.
In pratticeir has not been found necef
fsfy 10 make any eGential changes or al
te-ations of iurifdittion in civil or criminal
cafes h,the courts ofjuitice hitherto eaab-
lilhed
But itneed not TO be contenaed, that
The iegiAature are prevented under the
contraction which ! give, 10 the conitltu-
Ion il this particular, from adding to, dl.
mininsi g, or altering the Judicial pow
ers, and duties of the effabllthed
c curtis. The officers Of the judges will
not be de9royed they will fill hold
their Offices provided they hold courts
and exercife judicial powers. If 1t Be
faiA, that this being admitted, 'Congrefs
may, if 70 diipoled, as etfe6tually reduce
he Offices Of the judges and their iodepen-
dence, BY circumfcribing the If limits Of
territory and fubje6s of jarifdi6tion, to a
mere foual, or BY irnpoiing fmpraRica5le
duties, drive them from Office; | aniwer,
that fuch open abufes are not TO be pre-
fumed, and when they happen, the act
producing them would be void. It would
be a. fraad on the Office OF the judge, and
on the contribution, & would be held up 70
by all judges bound to fuppors the coniti-
tu,ion as The fubrsms Laav.
The line which divides rightful autho-
rity from abufe of it, 70 as to become IN
conai,ulional, cannot and need not be de-
dned or conjeaured. the location
furnifhes ground for the quelsion, the judi
ges will exercife a jldicial difcretion up
On it. There can be no other or later cris
terion.
Blt, to whatever length or extreme OF
abafe an at of congress might lazsfa1J
% 10 tbs particular, aill however, leaving
10 tn. judges courts and exercae of judicl-
al powers, what contend forts that law
which aboliihes the courts and all the Ju-
dicial powers of one let of judges la9vfuly
appointed, and transfers 70, new courts,
ana to other Judges, thu fame judicial
I,,;,cr IL, 6,n wi hour 1uu of