Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1804-11-01

queifiols Of policy than lawyers. 10 the hapir
OF letting all contcfed points by t,eeedtnf, they
rarely tx od the power Of their mind TO the de-
veloPement OF principle. Looking out of their
own minds fer every thing, it is not iffange that
they gradually fink into the vehicles OF the ideas
OF Others. Their faiI ioicnibly. like thar of
the church. in proportion a. il diarufs is Own
powers. cIings 70 that of tho iainu. IL may be
added. that the rotine OF their duties. by ex-
haufting their capacity ON lirtIe things neceds-
sily dnqoali6es them from taking thofe enlarged
, views. which national legilAsioa de .nsnds. OF
this deicnption of men. the minority was prin-
cipAIly compofed. We are nor. therefore. fur
P'iied at minds thus feeble. inliead Of coustiog
the diltinetion OF arong, plain, and conciie
view OF the fsbjett, endeavoring TO deveiope it
by MATS Of inapplicable precedents, OF erode
opinions. and fancifsI snslogies. ~. q
Notwithstanding the volumes written up-
on this fsbjeet. il n spp'ehended that its merits
lir IN narrow compah. Two views have been
taken OF it, and il is capable Of no other. IL il
eesfaSi'ouai' and is il sxpedksf? Iu jaaihca.
tion required thar il fhoald be both.
L IL eosfiisiosaI?
IL Is allowed on all hands, that Conereis
poAefed the power of modifying. at pIcafore,
the exiting judiciary laws. 70 far as they re-
gardcd the duties OF the judges. The fra words
Ut the contribution declare that d" all iegi0atiyc
powen herein granted ihaN be veffcd in Con-
grefs OF the Uuited States. which fhall coniit Of
a Senate and Houic Of Representatives. The
power is unlimited.
A fubfequent f:etion fsys /" Congrefs @aH
bavs botUsr 90 conaitule tribunals interior TO
the iupreme court"
The laogusge is not imperative. They
may or may not, cxerciie il.
a fubieqaenr ieetion gives ,he further pow
er. Z" TO make all laws which hall be nece6a'y
md proper for carrying into execution The tore
going powers. and all other powers veited by ,his
| conHituiion m the government OF the Uniied
States, or in any department. or Office thereof" :"
On this point, therefore, the lesiilanve
power is periea aud commando as well a. details
general principles. The tribunsls. interior 70
the fupreme court are the creatures OF legiaa-
tion as without legiAaiion they could. net
have exiaed. The duties of ,hoie who hl them
| are defined by law.--They may, by law, be 10.
created, or diminiihed. To their augmentation
there is a conititutiona limit; but therc 10 none
TO their dininution. There is no portion Oft
power thus veaed by law, that rnaY not by Law
be diveAed. Ifevery portion Of power may he
taken away, then may rhe whole be takeo s~ay,
which is bat the aggregate OF the parts. In
fuch an event there eau be but two feln,s.
Either the Office ofa Judge is aboliihed, or il re-
mains without duties. IL aboliihed. ny iheie
means, which are, az we have iecn, arittly cum
RitutioDa, there IS an end OF the diic0ili0n. II
il he not, by theie means. aboliihed. It follows
that the Office remains without the Judge hav.
| ing any duties TO perform. On th!s point, ~
If its occurrence had been foreieen by the coniti-
tuition. it fpeaks an explicit language, and at
once cruihcs the abfnrdiiy, by declaring that
I" the judges fhali hold their Offices during good
bebavis,, AND llall, az ftated times. receive
| for their Erviess. a compensation, which lhAil
oo, be diminiihed during their continuance in
| Office"
Thus does the contribution render iniepa-
rablc the tenure OF office with the rendering fer
vices. and the rendering iervices with receiving
compensation. The union is indiholublc. II
there are no lervices, there can be no compenia-
| ton.
IF the alYlIred officer is diveitcd Of duties,
which Is an equivalent term fn icfyices, sud OF
Compensation, what rernainsg
IL 10 no mean confirmation OF this reafon-
ing, that Congrefs arc made the contttu,ional
Judges of the icrvces rendered by that article oi
the contribution, which provides that " no mo,
ney ihsl be drawn from the treafury, but "
eoutequence Of Sppvop,iafiass made BY Iasv." By
this Proviiion and the antecedent one requiring
ferviccs. Congreis arc prohibited from giving
a cent to judge except for his fervices.
Ii may be iaid that this 10 an isdi,ea wsy
Of abolihing the Office. Let this, for the fake
of areu mcni, be granted. ltcsnnot be doubted
thar the power, indirectly to sboliih, by taking
away by piecemcsl the parts which compoie the
office, until nothing remains. involves the power
Of di,et7 abolition, which 10 no more than do
ing thar. by one legi1ative act. paAed at one
point of timc, which, in the other cafe. was &C.
compliihed by ieveral aets, Padsd at different
times.
Other arguments in favor Of the con.
ftitolionaIity Of the repealing aa were adduced |;
but this Of itfefs efficient. Ia natural fcience,
il has become Rsnding rule. that no more
cauies ihall be aligned. than arc fufficient to
count for particular effects il would be we'll
if this fundamental rule were applied to moral
difqui6,ion. Ii would probably free Il from
much of the ambiguity 10 which il is at preient
involved and il would certainly fave much
time At prefent unpso6tably fpent.
IL is not a little extraordinary, notwith-
Aandng the ufc made OF the term, that the