Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-29
El2 IL Gents SiHslr.l

dfGtl d' y, stiiN vic SOht( iilhfS iitihl toNS,
in which case TIE sooner Il was abolished
the less would be its evil.
Mr.. Dana thought the section very OBJ
iIeclionsble. 1t Is true that it does not say
that the Judge shalt hold his of.icc during
the pleasure OF the President and no Ion
ger, in those precise terms, hut il saJ y
what is ,an,amount, that when in the OPT
Mon of the President ii shall be ptbpcr SO
to do, it shall! and may be lawful for linn
by proclamation 10 abolish the said court.
! This is not The precise form Of expressing
The pleasure OF the crown; the President
must manifest his pleasure by procia ma
ton; the crown Nigh, manitest its Plea
sure privately before Tie act of settlement;
hu, the power Of the Judges in both casls
/: held by the loose and insecure tenure of
will and pleasure. Gentlemen Cannot set
up good distinction between Judges Of
courts OF admiraliy s6ting within or With
out the boundaries Of he Unired States,
and if you once declare that lie President
shall have power 10 dismiss one Of your
Judges, nothing can prevent you from
! giving him power 10 dismiss them all. The
principle once estsbli> bed goes through.
For his part lie for orc was decidedly a.
gainst granting such power. The ques-
lion ought not to be consider ed for a mo-
ment on the Ugh, ground OF being good
nr bad bargain for the Judge tat onAbe
broad and solid ground OF Z, se,ting what
remains OF the due aGniinist.a ion CT JUS
tice.
Mr. Rodney woi.d not have risen cgain
bu,in consequence Of Dir. Dana's remarks
ard refined dstin6luns where there was
no difference. The bill provides tina, he
Judge shaH receive his saIary as long as
be has jurisdiction, and that jurisd ciun is
limited hyihe duration of,he war. Tn IL
eeif IS q Limitation Of the cfficc. The Pre-
sldent has no power ever the /, d.vdualper-
son % the Judge; he cannottuin outAS gut
IN b. 10 the tenure is not preoarlols )
liked and depends upon the sbolnion o &c
jurisdiction and this principle is stt.ciiy
eoniormaLie to VIVA, Was formerly decided
TO The general satisfaction Of great ,ua-
Jor'ty Of the people.
he observation Of the ganJIcman irorn
Conne6(icu, (Mr. Il Griswoia) resp 6tinr
di''ia6sion between judges hln nc
limits ol the United States s;ld within .i.s.
territory Of louisiana concluded oothing:
tor he will find the Judges OF taal ,errita-
ry exercising all their !Unctions 0i derlhe
constitution and laws o. CONGRESS-, ard lie
believed there was time vh=n the . -
tie'nan thought differently on the subject
before the committee. lie referred 10 he
Yeas and Nays called on passing bin ii.
uniting the duration OF Cfiice IN ,especl 10
The Judges or Justices Of the tern ory OF
Columbia, by which they are continued in
Office FIR the term Of five years OILY, while
the constitution declared Is i! does nov,
that Judges OF the supreme AID inferior
courts shan hoid 'h-ir cfiicc2 during good
Behavior. lie hoped h4 gentleman. wsuli
aSandcn the idea az Tie cihc1f Continuing
to receive a salary af,er the Office was "a
bolished.
Mr.. Dana had TO idea Of an of3rer 10.
tally destitute &C Office receiving ,a.a y,
hni until ne was ciycsted ofaii judicial au-
tEoTlty he ought TO be iu;'epai dent and
salary was tnere contingency,
MIR. J. Randolph said that The first Sec
tlor established the court dur ng the con-
inoance of ;!e Mediterranean var---and
The ninth gave power 10 the President
TO abroga,e 1t al his discretion. lie bc't
the section, to say the best OF it sure GI-
puS' 90 soon as We; or me Dh'igU " o. n
whose limits this court shall be erected,
shall have made peace with ripoli, 10
jurisdiction would terminate by he nroYi.
sions OF the bill iself II might inde d
he e7pedieht 10 pfoiong tie cxi,iercc of
the court beyond tire term conternl IA e,i
BY The y H. but 40 circumstances could a.
rise which would render it necessary TO
shorten IL.
Mr. usts thought the iu6r. ought 10
hold The Office, during good behavior. AID
vet this s@ction makes him dependcn. on
the cYecutive, congress coult not vest he
executive with any powe, winch they had
no right TO exercise themselves; yet this
section proposes 10 do so. Aad on this
precedent occasion NAV hereafter be taken
To irus"ate ard contrayene The consu,u-
ton ~ It's most important regulations.
MIR Jackson meant only t. make a sin.
gle observation, with a view OF rescninp-
the section from the incops ..encg charp-
ed upon it by Mr.. Eus'is. The Grs; Sec
ten was not at variance With lie last. he
First declared the dura;ion o. The Office to
be during the war the last ,hst The Pre-