Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-08-23

.f ;at;a,datiag theIa; but what is TO
h0pss -, tbs removal of al OF them by re-
Pfessa s..;oo of their cours, or. of those zuho
ofSau, a,t dreaded by impeachment? Both
a.. - mans have been adopted to remove
'nss ms If the Judges, aud who can say, that
SOM I'll not be used TO remove the rest!
sps, successors, appointedby Mr.. Jefer-
~. md warned by the fate OF their prede-
son, ',rs will be no Ienger independent
.s.y,@ilI endeavoar to conclliate his favour
.ns ta;nc sabservient to his wishes, and the
..;rn,ion NAV then be violated without
Ne dread of judicial opposition.
' .'To decid. tia; the.act of Congress which
,a.5,ed law Of the preceding session,
, ,er which ,he..ate Judges of the circuit
sonrts were appointed, was nnconstltuionai,
EMO, necessary .to,be either lawyer or
o.t.tesman; it is only requisite to refer to
.,., article of the constitution, which de-
el,re, that " theiudges, both OF the SD
areme and Iq5srior Courts shall hold their
ap6ces during good behaviour" Notwith-
s.andipp the sophistry of the majority IN
congress, and their laboured distinction
ss,wsen removing the Judges from their
oSce. and taking tne Office from the jtldges,
] VIA, language can be more explicit--what
\ s,ac-of commoa sense can suppose, that
NJ Jefferson believed for moment, that
he measure was constitutional? But II pc.
.,,;ye evidence is required thar he thought
4.,be arguments of his party unfounded, > aud
,ha, he knew at the time,he sigaed the acs,
that he was violating the constitution he
had szvorn to support, his draught of a coa-
st;,n,;o6 for the state of Virginia, publish
ed in the Appendix to his Notes, will fully
establish it. He there proposes that the
Judges of the Superior Courts shall hold
their Offices (" during good behaviour"
or the existence Of their courts" thereby
i plainly expressing his construction Of the
words " during good behavior" viz. that
U they entitled the judges TO hold their Offices
d and receive their salaries, although their
courts were destroyed, provided they be-
hayed themselves we'll, Fl the case Of the
n Judges of the Inferior Courts, therefore,
H whose independence he did not consider
essential, and whose Office it might Be me-
cessary at future period to abolish, he
5 took care 70 add a restrictive clause which
81 gave the Legislature power, that without
q 1t, in his opinion, they would not have pos.
sessed. Yet although the constitution of
,he Uaited STAKES, including the Judges of
she Supreme AID Inferior Courts in the
sane sentence declared, thar they should
81 hold their Offices during good behaviour. y
s without any o,her restriction. Mr.. Jef'tr-
son when he found Unnecessary to promote
h his views, pretended 10 believe that Con-
n gess had the power of removing lhe judges
II lyGsstroving .hrire courts.
ID Such, fellow-ci,izens, has been the cen
duct Ct ne man whom you have chosen to
rule over you. To secure his continuance
IN oGice, he shvinks not from the perform
ance of ac.s which subject him . the Charge
of kaozringiy violating the Constitution-of
vioa.itg II 100 IN that. part which the fsan-
ers OF K Intended skould serve as It's de-
fence. ksAecr, ] beseech you, on the dan
eeryou incAr bv encouraging the Gestruc-
ton of that check ON the legislative and
executive branches which Was intended to
prevent their abusing the powers coufded
10 them-that II iniconseqGence of your ne
/ Slect or. concurrence, the already to.tering
pillar of the Judiciary is thrown down,
Your constitutional rights have no Other
N'uppors than the integrity and patriotism
d those to whose care you have entrusted
them; a support compared TO which IN
sTensih f@ar IS the spiders most attenu-
ated thread is cord, is cable"
n NIJMA.