Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-26

Cd art. 1t is declares, ilat Judge nall
hold his office durA.g sooa behaviour
the ots:ce Is al coJet, CT legiualive crel-
ton, and ehe thing t.!us 10 be created by
. the leSii!aiure, the jndge is to hold for .
. certain time. II tie Object is to prevent
the executive from taxing away the of.
fee, leaving The olfiee, correct exprci-
iion OF that in.cn.ion wea.d have been.
that the Judges thall not be removed iron
Office, and sheie words axe u!ed IN the af-
6rma,ive, when the officer and the office
are to be separated, aud iae aaice :eit.-
Ttsere MIR. IIcmphiii read from the CON-
titu,ion cd fec. / art. n: ~ fec. ID
art. n. s, ard Al iec. zlau. BAT
when The oAicc ano the oihcsr.are IT. "a
rable for certain time, different words
are cfed. The Proficient Aia.l hold lis
office during the term OF tour ye2rs-ihe
Judge Hhall hold his Office durin. good
vior-the tenure OF office in.eavh cafe
is included in the fame words.
As to the other point that it is an Office
created by law, and not by the conti-
tu,ion, and therefore may be removed
by law, let the the principle be fairly
.eited by the contribution itieIi, and noe
from any thing Cut OF it. aver that
in every inRance where the conSituslos
has fpoken of the continuance OF any
one thing, although, the creation Of the
particular Object is oP'iooat with con-
grefs, yet the moment iaey give 1t ex-
iitence it is out Of ane power, and naf
continue during the ,i."e mentioned -
the conftituti,n. Apply this principle
frH 20 the !a.afy o, tie executive aid
Judges. The iaiaries are created =
Jaw, and when created theI continu-
ancc is fixed by the contribution. Alp.
ply the principle to the members OF tins
Houfe. When tie bill hAing the ratio
of Representation was before US, could
we have fixed ratio decreaEug the
prelcnt number Of representatives ard
have made the law take effect Immediate
ly, and thereby difqusIiiy members row
n the floor from taking their fea's
next feilion, when they had lbeen elected
FOR two years Yet their right to
ieats here was created by law, which
was Discretionary as to the number.
Apply the principle to the fenators.
New States may be admitted by congrefs
into the Union yet when the new
States fhall have been admitted, and
two fenators cholen in consequence Of
the law, can congrefs repeal the law,
dfmemher the Union in part, and tura
out the fenators the right Of citizen
ihip alto is acquired by law, vet when
ltrangers have become members OF yoGr
nation, in virtue of law, can congfeis
repeal that law, and thereby disfrauch,f.
part of her citizens yet in both ,hef:
cafes it might be aid, that they were
the throes of dying administration 10
provide for its friends. The law alfo
fixing the permanent 5tss of govern.
ment agreeably to The contribution leems
to afford an analogous cafe, and | qnei-
ton if it could be repealed, uniets words
mean any thing, and then conyfels eas
do any thing.
10 COM to right understanding of
the contribution, it will De necclary 10
enquire what " as the generally received
opinion about the time the con!titu,ion
was adopted-I have ever underitood,
that there was no difference If opinion
on this point; that the general opinIoa
was, that the words in the contribution
rendered the judges independent OF both
the other branches of govermen,.-
This appears from the debates in the
convention in Virginia to have been
their opiaion-it appears aiio from the
arongea implication to have been the
opinion of the Author Of the Notes on
Virginia. If we can receive no aid
from any Of thefe fources, we mutt take
up the contribution, and apply to it the
general rules for the Interpretation OF
foIemn inGrumen.s Of writing Il in this
intrunent we find one exntrfs and PoG.i~.
ID. .. -,.0 b,va A.. G.u (-.. ~