Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1803-02-18

jndges of ID judicial power; but
u question never was settled, that not
withstanding, The Judges should Be de-
prived oftheir judicial powers, they were
not entitled 10 the compensation guaren-
tced By the Constitutions- This involved
j distinct point which obi Dit NOT TO be has
tily acted upon. The Judges had never
been heard before Congress on this Dues.
tion. They had . right by the Constitu-
ton 70 Be heard, and 70 Be heard by coun-
Gil, he'presumed, ifthey desired IL He
had thought the House would have given
time for them 10 Be heard. But they have
toproceed immediatly. He should there
fore, becontent with moving two resolu-
tons. rs q IS
Mr.. Grisvold here read ri. resolutions
% follows. IL
Ressised That proyfsion ought 70 Be
made BY law to define the powers, 70 be
exercised by the Judges Of the Circuit
Courts of the United States, who were
appointed under an act entitled aAn
Act 20 provide for the more convenient
organization of the courts Of the United
States.0 b
Resolped That provision ought % be
made BY law, for submitting to Judicial
decision the right Of the Judges ofthe
Circuit Court e their compensation. q
Mr.. Griswold said, he would himself
have preferred Q resolution to maxi the
Judges compensation but q they had
thought il better 70 pursue different
course, he would follow their plan. He
knew, there were many respectable law
characters, who thought the legislature
were competent 70 deprive the Judges Of
their powers, but mot Of their compensa-
ton. g. 20
The resolutions were read from the
chair.
Mr.. Nicholson did NOT mean % enter
into discussion Of the merits ofthe Me-
moral for two Feasons--the one because
he was very much indisposed- and the
other because, in his opinion, the subject
had already beensuficiently discussed. -
But g the gentleman from Connecticut
who had moved the resolutions, in the
first recommend defining the duties ofthe
judges, he supposed he had laid down
some planto that effect. As member
Of the house, he would Be much obliged
to him Tor pointing out the plan he had
formed. q
Mr.. Griswcid said he had not expecs-
ed 20 have been called upon to define the
pm that would be most agreeable IS him
--as he apprehended that such plan
would lead to that discussion which. rem
ticmen seemed DESTROYS Of avoiding. But
ne would mention one plan, torestore the
law which the legislature had at the last
session attempted to repeal. The defni.
tion ofpowers according to that plan the
Judges might exercise with perfect Ger.
tainty. Ifthis were not conformable 70
the ideas Of the gentleman from Mary
land, 4 was IN isPOwer 10 define some
other plan. !.
Mr.. Nicholson said that was Just what
ne had, expected-a he had put The
questionto draw from the gentleman such
an answer. On the plan proposed he
was prepared to act, andhe had 10 doubt
every other member was also prepared.
Mr.. Randolph. The provisiondesired
BY the gentleman from Connecticut alrea-
10y exists. The Legislature has de6ned
the powers ofthe late circuit Judges. and
has decided that they shall NOT I execute
any powers. Those powers are transfer
red 70 other courts. Unless the House
had changed their opinion il was not ne.
cessaTy g " into my discussion On this