Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-10-03

Jul lWO ECStilos EiltiCF lllC vi Il
Judge is abolished, or it remains without |
duties. If abolished, by these means,
which are, as we have seen, strictly con-
stitutonal, there is AN end of the discussi
on. If it be not, by these means, abo-
lished, il follows that the Office remains
without the Judge having any duties to
perform. On this point, as fits occurrence
had been foreseen by the constitution, it
speaks an explicit language, and at once
brushes the absurdity, by declaring that
9Th, Judges shall hold their Offices during
good BEHAVIOR, AND shall, at stated times
receive for fheir serviees, a compensation,
continuance in ofhce.''
THUS does the constitution render inse-
parable the tenure OF Office with the rem
dering services, and the rendering services
with receiving compensation. The IL
MON is ind ssoluble. Ii there are no sell
vices, THERE eau be no compensation.
If The aiiedged officer is dves'cd Of du
ties, which is an equivalent term ior ser
vices, and OF compen saloa, what rema Nc
1t is no mean confirmation Of this rex
soHog hat congress are made the consti-
tutio al Judges of the services rendered,
by that article Of the constitution. which
provides that 6 no money shall be drawn
from the treasury, but in consequence o.
ai7tro1ariati0'ts made by ia7y." By his pro-
vision and the antecedent one requiring
service, congress are prohib It'd from Civ
ing cent TO judge except for his serSi
ces.
II may be said that this is an indirect
way of abolisbing the Office. Let this for
the sake of argument, be granted. Itcan
not be doubted that the power indirec(h
10 abolish, by taking away by peace mea
he parts which compose the Office, until
nothing remains, involves The power Of di-
reet abolition, which is ma more than dong
that, by one legislative act. passed at on
point of time, which in The other case, y as
accomplished by several aGts, passed
| different times.
O,her arguments in favor ofthe consti-
tntionality of the repeating aGt were addu
ced; but this, of self, is sufficient. In
natural science, il has become a standing
rule that no more causes shall be assign.
| ed than are sufficient 10 account for parti-
cular eff Cts; it would be we'll if this fun
damenta ru!ewe appliedto moraldslui-
sition. 1t would probably free it from
much of the ambiguity of which Il is al
present involved ard it would certainly
save much time at present unproi. 40 y
spent.
| Ii is not little extraordinary, no,with.
standing the Use made of the term, tnat the
word independence as applicable to The
| Judiciary, is not To be found In The consliu-
! ton. That wise system, SO far from coun
tenancing the independence of any pub
! lie agents, legislative, executive, or luCici-
al, has provided the ms efficient checks
TO make them all dependent. BY declar-
ing that the Judge shall hold his Office du-
! ring good behavior, ii has made him inde
pendent of the executive; but that circum-
stance, so far from creating claim to le-
6 slative independence, really produces a
necessity in several cases Tor legislative in.
reference.
This consideration presents a great
question, not OIL the consti ulonality of
the power exercised by congress, but on
it's expediency. Many of the most i'm
portant laws passed by congress, require
the aid OF the judiciary TO carry the m into
effect. We all know that the Judges have
assumed the power of pronouncing laws
unconstitutional and OF refusing to exc.
cute them. Such laws may be of vast
importance. They may affect the lives
and properties of citizens, and NAV I'M
| plicate the peace of the nation. Opinion
may be divided on them. A great maio
rity of congress, the president, and the
people may consider them constitutional /;
the Judges alone may pronounce them un
constitutional. 1t is as probable, nay more
probable that the judges should err on this
point than the legislature elected for the
special purpose Of passing laws. Their
decision, supported by that of another de-
! partment of The government, and by the
! people, greatly multiplies the probabilities
ON their side. Still the judiciary put their
veto upon the laws, and thereby jeopar-
disc life and property, and the peace of the
country. Are the Legislature, in this case,
to submit Are they to give an absolute
control over the laws Of the judiciary
! For it is apparent that the power of i'm
parchment may be futile, as any number
over third Of the senators may Illustrate
a conviction, and as this number may be
{ found among those senator's who do not