Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-13
Sc N A TE
OF THE UNITED STATES.
SPEECH OF GRAEsAL s. T.. MASON,
On iSs judiciary Stfs~.

{Csscirdti Jss~ ssS kaf.
ws have been told. that no State in the
Union has prefomed to touch the Judiciary ef-
taplifh nent. excepting the State OF Maryland.
/ viii not snfacr for others but ~ish feiped
TO Virginia, l will anfxer thar he has tourhed il.
Her conftitutionsl proviGon for the iodepen-
dcnee of the lodges is nearly fimilar TO that OF
the United States. and yet fhe has eazhliibsd,
modified. and entirely put down particular de-
partments Of her fyRem.
Here general Msfon wear into p,rsicu-
lsrixation Of the different changes the Judiciary
fyfem Of Virginia had undergone
After the partcularization, general Maion
proceeded g.
And yet our judges who arc extremely ten
acious Of their rights. did not complain. They
thoaah,, as think. that they hoold not be re-
moved from their Offices that other, might be
placed in them, and that ~hiie they did continue
sn Office. their falaries fholid be prcfcrved 20
them. And believe the whole OF our con8i-
tutionaI provi6on amounts TO this; that unlike
other officers appointed BY the Pretidens. they
ihall not be removed by him |; thar their iasries
fhall NOT be d,rinifhed by the lsgi0sturc; and
that while the leginAure may continue any par
ticular Judicial efablifhment under which
lodge is appointed. he fhall hold that aproint-
rnenr in dcfancc Of both the other Departments
of government. A Judge may FAY. am not to
be TUNED out Of Office by the Proficient on the
one hand, or Rarvcd by the leg;ns'ure on the
Other. He may fss to the Legi0atdre or the
PnGdent. and 10 both Of them combined; you
fhal! not turn me our OF this office as long As il
exits, TO CRAFTY yoor eam'ty TO me or your fa-
voritif,n to sno,her petfon, 70 long the intueR
ard convenience Of ,he people require this intti;
toion, they are eni'led 10 my fervicrs, they hall
have them, aod viii be paid for them TO the
utmoa fsrshins 10 fpise of yoSs dsfpsesfsss o.
cspricc. ~. ss.
Noswithltsnding the remarks OF gentlemen,
an, inclined 70 think thtle ideas OF tne extreme
independence Of the judges, and the limited pow
ers Of the leei1siurc. are not very old. bni that
they arc OF m ,dcr origin, and have grown up
fnce the laA fefIion OF Congre6. For in the
law pafIcd lat fciIiou, thar very Law ~hich II u
now prnpof-d 10 repeal is to be found pfseti-
cal excoGtion in direct hoffili,y with with the
incspic nov commended fJr, ~hich does not be-
trav that iacred regard for the office of judge,
that Is on this occafon profeGed in thar very
law will be found clzuie which abolifhe. Two
d;ar;A cousts. The a4th Sec. fays expressly
",he diiriet courts OF Ken,aeky and Tennegse
Gall be and hereby are aooiimed." Will gep-
,lemsn tell this Houfe how this exps.f piovi.
fon came into the act OF the lsit iellicn and
will they ah FAY that though they soted 'or
th;s law, yet no power exits III 'he ieg.naSure
to abolifh court. Il muue, that it mas BEEN
faid that thSogh you pnt down tso dissitt
conus, you promoted the officers by iacteshng
theirfalaries and making them jnagas OF the CT
esit costs; bur the fAtt is, VOC have ssoiihcd
sheir ofices; rhcy are judges no lcager Of The
diRfiet uf Kcuruoky and i'ennedeci and they
ate 10 every puspofc, whateser may be Sheir
name, in reality circuit judges. Though you
have NOT ieRened their falsr'.s, you have dcpriv-
cd chem Of their ofives. However. therefore.
pcssleiisn msy calculate ~ to the benefit or M
iafy done tlssfe two Judges, the principle Is nos
sGttted by any refai,--saeis of3ices are gorcs
IL is no, enough TO fsy, thss shough yos
dcasoysd thcis Offices, you caesea them others
vfsh higher h.afies. You tock sway from
them in exyrefs terms, their Offices by abolihing
the Offices - You had Hripprd them Of their Of.
6ces, VOC had robbed them Of their asaed rsbf.
aed then 90 make friceds, offered them com-
pcufarion but whcther the compcalsiion thus
offered Tor the depsivssion they had fuR.rcd,
was really eqaivs'ess 20 their lois, is mere mat
te, g esi<uizsiou, and does npt afctf the confi-
tetioual principle. IL spsopes. however to oh.
iesve. thar they wese no parsies 70 the propofed
compromife, and snst indeed they had no choice
Ieft tn.m. They were obliged TO accept Of what
YOU offered them OF have Doshingi If they did
nos agree 10 become judges Of the nealy organ
ited circsi, cessrs, they could NOT remain judges
Of the dsfnes courts for theIe courts were sbio-
lusely and rcmpIete's sbalifhsd.
Were :, Ms PreiaIens, 90 mske caleuia.
sion on she comrafssive incresfc Of dos'rs and
ADDITIONAL fsisry. 10 the ess OF one of shoie gem
sIsunen fudge Inces Of Kensucky) mould hsve
no heftsipn to fsy,Shas ,hr bsrssin shieh has
heeo made wifhous his content, and ~ishcut HE
befnsiz parry 20 il, Is . yesy bod one "a him.
Knowing 100 he particular ksuztios, Ian per-
fasdsd slus h The isw had lsfr him any sist0su