Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-20


principle
A number Of courts properly located
will keep the buGneis of any country in
fuch condition as but few fui,s will be
inaituteo and courts badly organized
will Gfcourass tutors and there will be
bat few actions returned. From the num-
Der Of fuits alone, there Can no found judy
inert be formed.
But there is another OBJECTION to the re.
peal Of the judiciary law, which in my
mind is conclulive mean the letter and
(pirit OF the contribution.
In the formation of every government
in which the pcop!c have a fhase Ia its
administration, fome eitablilhcd and H.
difputabic principles NUT be adopted
In oss government, the formation OF a
legislative, executive and judiciary power
is one Of the incontrovertib!e principles,
and tina. each Mould be Independent OF
the other 70 far as human fraiIty will
permit, is equally incoatrovertible. VIII
it be expcaed, that thould quote Sid
ney, De Lolme, Monselquieu, and hoit'
of elementary writers oprove this after
ton /? There is probably no conflict of
opinion upon this fubjef. When We
look into our contribution of government,
we ihall find in every part OF it, a clofe
and Underwriting attention to this Prin.
ciple. Our particular form is angular
in its requirements, that full torce and
operation be given to this all important
principle. Our powers are limited, many
acts of lovercignty are prohibited to the
national government, and retained ~
the Rates, and many re0raints are in
poied upon fate fovcreignty. If either,
by accident or defgn, fheuld exceed its
powers, there is the utmca neceaity that
Tome timely checks equal TO every exi~
gency fhould be interpreted. The judici-
airy is eAab!iihed by the contribution for
that valuable purpofe.
In the Britilh government the leg'iIa-
ture is omnipoten. to every Legislative
effea-and is a perpetual Convention
for almol every constitutional purpote-
Hence it i, eafy to dleern the different
part which mutt be aligned to tire judici.
ary in the two kinds of government.-
In England the executive has the mott e
exsenGve poyer.; the fword or the mill:
tary force the right of making war, and
in efed the command OF all the wealth
of the nation, with an unqualified veto
to every legiaative at. 1t is therefore
rational for that nation to prelerve their
judiciary completely independent Of their
iovereign. In the United States the
caution mutt be applied to the exiting
danger the judiciary are to be check
on the executive, but mott emphatically
to the Legislature of the union, and thofe
of the leveral Rates. What kcurity is
there to an individual, if the Legislature,
of the union or any particular fate,
fhould pafs law making any ofhis tranf-
actions criminal which took place an
terror to the date of the law None in
thi. world but by an appeal to the judi
ciary of the United States, where he will
obtain decihon that the law itielf is un-
constitutional and void, or ny a refort
TO revolutionary principler, and exciting
2 civil war. With view to thofe prin.
ciple., ard knowing that the trainers OF
our EconRitution were fully Podeaed OF
them, let US examine the in&rument it.
fclf. Article Sd, fett. 1T, The judi
cial power of the United States ihall be
vcfed in one iupreme court, and IN iuch
inferior court,as the congrels may, from
time to time, ordain and efabliih. The
Judges, both Of the fupreme and isier;o'
courts, lhall hold their offices during
good behaviour; and aaIl, at hated
times, receive for their ferviccs, com.
uerfa,ion which lhail not be dimnihed
DURING their continuance in in office. p"
Are there words in the Englih language
more explicit! Is there any condit'o"
annexed to the Judges tenure OF ONCE