The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-22

Mr.. Sssf5s-4 differed with gentlemen wko !
thought the fiction violation OF the contribution.
The law i,lef grew Of the exigency of the war
with the Barbary powers, and it 10 expreie. itief
it therefore carries its remedy with it during
.he exitenee of the and la hong as any nation At
war with the fame power iall content " permit the
United States 10 eitabliih Judge If admiralty with
IN its ter.isory, 70 Ions iha tie Office remain. Blu, no
prov;lioa sEna1e TO- is remarsiug amy longer. Nor
can The judge complain Of the abolition OF lis Office or
coniequent lois Of flary becuuie he contents to re-
eeive 1t upon the terms OF the law He confdered
the ieeiion proper one, though absolutely uece
fairy. Hpeace take. place the PRECEDENT will be the
brit per!on to know IT, and his proclamation of the
ceilaton os the VIII render il of greater no,ori-
ety than any law can poa.S,y render it. One more
obferva,on, and he had done. ], may be fuggeed in
favor OF etermnate abolition of the court, that the
Judge may become arbitrary, and the prove in
furious, in which cafe the looner it was abolihed the
lefs would be its evil.
Mr.. Dana thought the fiction very Objectionable.
1t is true does not fay that the Judge fS hold his
Office during the pleaiure OF the PRECEDENT and no lon
ger, in thole prece terms but it fays what is
mount, that when III the opinion oe the PRECEDENT it
iha he proper 70 to do, it ha and may be lawful for
him by proclamation aboliih the faid court. This
is not the precfe form Of expecting the peaure of
the crown; the PRECEDENT mutt manteA his pleafure
By proclamation; the might manifelt its plea
iure privately before the a of fettlement but the
power of the judges in both cafes is held by the looie
and inecure tenure OF will and plealure. Gentlemen
canno, iet up good diftinGtion between Judges Of
courts of admiralty acting within or without the
boundaries OF the United States, and if you de-
clare that the PRECEDENT all have power to difrrifs
one OF your judges, nothing prevent you from Civ
ing him power to dii,nifs hem all The principle
once eitablilhed goes through. For his part he FOR
one was decidedly againft granting fuch power. The
queition ought to be conidered for moment on
the light ground Of berg good or bad bargain
for the Judge but the bread and fold ground of
Preiersing what remain, OF the due administration of
julice.
Mr.. Rodney would not have rifen again bu, in con-
iequence Of Mr.. Dams, remarks and refined dihinai-
ons where there was no difference. The bill pro-
vdes that the Judge a receive his falsry as long as
he has urildicion, and that jurifdiSon is limited by
the duration of the This itelf is limitation of
the office. The Prefdeut has power over the ndi-
vdua perfon of the Judge he cannot turn out A aud
put in B. So the not precarious; it fixed
and depends upon the abolition of the juriidi6tion
and this principle is iridly conforn,able to what was
formerly decided to the general iatisfaaon of great
majority of the people
The obiervation of the gentleman from Conncc-
ticut (Mr. r. Grfwold) refpecing diitin6fion be-
tween Judges within the limits of the United States
and within the territory of Louifaua concluded no.
thing for he will find the Judges of that territory er-
laws of Congrefs, and he believed there was time
when the gentleman thought differently on the fub-
Jet before the committee. He referred to the Yeas
and Nays called pang bill limiting the duration
ef Office in repe4 the Judges iuice, of the ter
ritory of Columbia, by which they are continued in
othee Tor the term Of five years only, while the cout-
tuition declared il doe: now that Judge. of the ru-
preme and inferior all hold their Offices dur
ing good behavior. He hoped the gentleman would
abandon the idea OF the officer continuing TO receive
a falary after the office sboliihed.
Mr.. Dare had no idea of an officer totally Gehitute
of office, receiving falay but until he was dveacd
OF al judicial authority he ought to be independent,
and ialary was but mere contingency.
Mr.. J. RlnSeb faid that the fri e Sion sltablifhed
the court during the continuance Of the Medterrane-
an war-and the ninth gave power to the Pref
dent to abrogate ii a. hi. difcreton. He thought
the lection, to fay the bel of it, iuperuous. So foon
as we, the nation within whole limits this court
FALL be erected, ha have made psaee with Tripoli
Its jurifdaion would terminate by the proviGons of
the bill tfef II might indeed be expedient to pro-
long the exitence of the beyond the term con-
tempated by the BILL but no circumstances could arife
which would render it neceiiary to ihortenit
Mr.. Eyeis, thought the Judge ought TO hold the
Office, during good behavior, and vet this fetfion
makes him dependenton ;heexecutve, Congress could
MT welt the executive with any power which they had
no ri ereroia thernieves yet this lection p-opc=
les 10 90 10. And on this precedent occalIon NAV
hereafter be taken rutate and contravene the con-
ftitution in its mott important regulations
I7r. 3aelfon meant only to make Jingle obferva-
ton, with view of refcung the fcaion from the in
eoniilteney charged upon it by Mr.. EuNis. The 6rft
ie6fon not at variance with the Ian, the fin de-
clared the duration Of the office be during the war
the la that the PRECEDENT MAY by proclamation abo-
lih the court. There might be fonething formed as
iubRitute to defgnate the precfe duration of the
S-ar,. III, Il. & 4
ieetions it feeined not Efficiently definite.
M Crtgs would vote for itriking out unleis his
colleague (Mr. Lucas would modify his motion, for
he would never vote to velt the PRECEDENT with the
power intended to be given by the 9th fiction, yet
he thought thata modification of the claufe would
cure the defe9 without iiriking if the time was
preciely defined for which the hould continue
the Pfeiiient might notify the expiration of the Office
by proclamation
Mr.. r. Grj1poH The gentlemen who advo-
cate this mcare appear to differ in this contribution
not limit the Of the Office of the sdge other
gentlemen think the office limited by that fettion to
the duration of the He thought the frt le6ti-
on explicit that the Prehdent iheuld appoint Judge
OF the admiralty during the exfence of the war; and
IN conformity to this idea the fecond lecton was pen
ned. The faid Judge hal exercife the admiralty iu-
rhdietion for trying captures in the fad war tIlsfc
Lat words new expressly the limitation of the law
The true and fair meaning Of which is that the nudge
ihal hold hi: Office during the war and no longer,
The 9Th feaion gives the power to the PRECEDENT of
(hortenin,r ,h;s Il ., Oh; L..