Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-27
NJ. GILES srrrcH. a sSe y.ae,sy Biz.


Thus then, arc torn-d two departments,
their powers fpsci6ed and defined, the times Cor
exerc;6ng their powers fixed, and indeed COM
plcte oIgsniiason tor the execution OF their re-
ipettivc powers without the insrrvcntion OF suy
law for that purpofs. A third department, 20
wit. the Judiciary Department. is Gill wanting.
IL that formed by the conRisurioni ! How n
that 10 be formed Ia is not formed by the con-
fitution. IL is only declared that there fhall be
fueh department and it isdirrcteS to be FORM
ed by the other two Departments, who owe
refponiihility 10, the people. Here there ariles
an.inpostant difference Of opinion, berwccn the
diifeIept Gtes of this Houie. II is commended,
on on-, lae that the Judiciary department. is
formed by the contribution itirlf. II is contend
ed on she olher 6de. that the conRitu,ion does
no morc than 70 declare that there ihall be aju-
dietary department, and directs, that IL fha!l be
formed by the other two Departments under cer-
tsin. notifications. Article 4. fec. q. the con-
fiyulion has thcie words, :" The judicial power
OF the United States iihalI be veiicd 10 one iu-
pieme court aud in fuch interior coar,s, as Con-
gre!s may from time TO time ordain and eltab-
hh." Here then the power 10 ordain and eitao-
lilh inferior courts Is given to Congreis in the
mott unqualified terms, ADD ALTO to ordain and
etablifh. "onc lupTeue court" The only lin
itaton upon the power of Congrefs in this clauie,
conGfs in the nnEbcr OF iupre ne courts to be
eaaDlilhcd; !; the limitation is. I'D the number of
one, although that is an Affirmative and not a.
negative cxpre6icn. The number Of judges
the allegation of dutics--,be fixing compcnfa-
tions--the fxipg the times when. and places
where the courts bali cxerciie their functions,
&c. are ief, to the entire diicretioa Of Cosgref.
The fpirt, as well as. the wosds ofthc conaitu-
iicn,. are completely istisiici. provided oee fu-
preme court be eaabliihed. Hence, when all
the!c eflcot;al points 10 thc, oraaaization and
, formation Of coars il entruted 20 the unlimited
diicrction OF Congrefs. il csuuot be- fsit.s shss
the courts are formed by the conaitu,ionsl For
further rsftrainu therefore upon the difcrrtion
of Congrets, the remaining part of the fame fec
tioa mua be conful.eJ. Here he bcggcd leave
TO remark, that he had often felt veneration tor
the ~ifdon Of the fsses. who formed this con-
Ri,u,on, conhdcrine the difficulties they had TO
encounter, refuIting from the various local pre-
juaccs and local intcrets o! the different parts Of
the United States, and the vaR variety of opin-
ions, which the fubjett prefentrd, il was almoft
wonderful to conceive how they fhould have ht
upon afy ifen 70 admirably calculated to protect
aud to promote the general in,crcits, when sd-
miniacrsd according 10 It's original meaning and
Intention. He could not 20 70 far, as 20 fay,
il was perfcA. He admitted, ike other human
PRECAUTIONS. il was Rslnped with the common
fallibilify of man. That he wifhcd howeveg, 10
fee no radical changes in its principles. He
wifhcd 70 hand IL down to poAerity with thoie
amendments only, which experience fhoald fog
gef, aud which woa!d eross out of he contin-
ually varying fate of. the ration. He Eid is
was not only remarkable for the wifdom of ifs
arrangements, but the correA and technical mode
Of exprefion. The part OF the fiction now to
be examined, was an example Of the juitice OF
both shefr remarks. The words are, "The
judges, both of the fupseme and ipsrrior courts. |.
ihall hold their Offices during good behavior. and
fhal, AT as;ed times, receive tor their terviccs
compenfstion which lhall not be diminihed dur
ing their continuance in Office" i
4 ,, The era part of this fensence re5pcfss the
felationihip between the executive and the judi
ciary deParfmenfs--It Iefpetis judges or officers
of the courts. who are appointed by the Pref
dent. The Lar part Of the fensence refpees the
rels'ionhip between the lesiaative and judicia-
ry department-k refpeds the creation Of ofi.
css, the fixing the compensation of the officers
or judges, and their continuancc in ofkcc.--
Thele are the pcenliar aitfibutes Of the kgi1s-
tive department. Accordingly the mof cos-
ref and technical words arc sfed IN relzsion TO
both thefe objetss. The tern bsId fb1r sb6e0
ds,iss good bsbSvisr. relates merely to'she cx-
ecutive department. The term hold, 10 the
common technical word, ufed 10 convey she idea
of tennrc. Tenure reqsires two parties. The
one granting. the other beidns o. sserivixg s6r
srasf. Let the enquiry be made, of whom do
the judges ksii' The conaisusion fusniihes the
snfwer, of she Pfefdene One Of the moR OBJ
vious rules in the conafpetion Of iuaru,nenss Of
writing, 10, that the whole Of il mua be takes
toecshcr, and net oue particular part BY itfeif.
Tks following words win be found 10 the al fec
ton Of the I'D article Of the eonaitusion. s'And
he, to Wit: the PreGdent, fhan nominate and
BY and with the advice and coefbns Of the Senate
fhall appoint smbaGsders, other pablic miuiiicss
snd ceniul.. judges Of the fsPreme court, aad
all other officers Of the United States, Whole ap-
poinrmenn sse nos iirseiu oshefwiie provided