Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-26
Monday, December 10.

Monday, December 10.
Debate q: tie oil far esia6fshing Court
for he a'yadicatian Of firi=e causes in GER
ia;g cases.
Mr.. r. Griswold said there was some
difficulty occurred 10 his mind in the very
outset Of the bill. I he constitution CT The
United States declares that all their Judges
snail hold their Offices during good beha-
vicar. Yet the FIRST section of The bill de-
clares that the Judge of this court shall
hold his Office during the existence Of the
war between the United States ard any
Of the predatory powers of the states OF
balbary, and the 9th section gees still fur
Their, in abridgtng the duration OF The of
ice, by giving power 10 the president To
abolish the court when he may think pro
per. by the constitution the president is
empowered 10 nominate, and by and with
tue advice ofthe senate TO appoint Judges !;
bat no where By that instrument, is hc au-
thorised 10 abolish court or annihilate
the Office of a Judge of the admiralty, as
TINS section attempted 10 authorize him to
to. de asked the gentleman who report
ed ihe bill % Justify this arrangement OF
li:ige OF admiralty holding his Office eli
,hVr during a war, or al the discretion of
the president. In order TO try the prin-
cip!e he moved 10 strike out the first secll-
on oil the bill.
Mr.. Rodney did not know that he had
it in his power to satisfy the scruples Of
the gentleman from Connecticut, but if he
ha', he would endcavor 10 remove them
~ -.
dependant upon its own peculiar circum-
stances and he shouldinot bring into view
the question extremely analogous, which
had been so much controverted few years
back, but had been then set at rest, name
ly, that Judges, appointed under the law of
the y. States when once the courts were
abolished andthSir jurisdiction taken from
them, shall not still continue Judges Of the
land, and receive salary for being idle, or
worse than idle.
he case OF last session, in forming a
Temporary government for the Louisiana
territory, was precisely on the principle OF
the bill, and the gentleman viii find upon
inspecting the law that The Judges in that
! territory only hold their Offices for four
years. The tenure in that case is a term
OF years and is surely as strong case
as the one 10 be provided for by the bill,
DO courts being erected, or 10 be cre%a-
ed, out Of thu original limits of the Unit
ed States ut the time of adopting the con-
stltution and he believed the constitution
when il declared that the Judges of Tie
suprem court and inferior courts should
fhold their Offices during good behavior,
confined itself 10 the then territory of the
union and not 10 Iudgss out of the United
States. There is another section Of the
constitution which gives to congress the
power 10 make all laws necessary for car
raging into execution the other powers
! granted by that instrument, and under this
power 1t becomes congress to make pro-
Visionary regular for temporary con-
lingencies, and we are Authorised to esta-
biish temporary judiciary out Of the u.
nited States, because The exigency occnsi-
oned by the exercise Of the constitutional
power of declaring war inperiousIy calls
Tor 1t. Without such a provision as that
I contemplated in the bill, orr gallant tars
would be fighting to little effect, &c there
was no judicial authority for condemna
| ton of fnpOlitan vessels after capture.
The Germs the constitution do not apply
| to cases Of this kind. Tais question was
talked over in the select committee and
! the committee were unanimous, that we
were as much at liberty to tx the dura-
ton OF the Judges Office in this case, as
we were 10 fix the term of four years as
The period Of the establishment of the Courts
in Louisiana,
MIR. r. Griswold said the case did not
compare. The judiciary power vested
IN the Judges ofihe territory ofLouisiaua,
was not that judiciary power Of The Unit
ed States mentioned in the constitution,
and therefore the variation Of the tenure
might he justified; but in the present
case they were about to vest Judge with
( the proper constitutional power Of an
United states Judge, exercising ADM
rally jurisdiction, which is regular Judi
ciary power Of the United Sta es and
although it was 10 be exercised out Of
the territory of the United States, it was
nevertheless the power alluded to in the
constitution, and an inferior court to be
established by congress, the Judge &C
which is to hold his Office during good
behaviour and no gentleman on that
floor could deny that this Judge was
bound in his decisions by the laws Of the
United States binding on the distriel, and