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

Ey. r. Gy5esL@ fad there WAS fon,e difficulty ce.
Cured to his mind in the very outlet of the bill
he contribution Of the United States declares that all
their judges iha hold their Offices during good beta
viour. Yet the fir fiction Of the bill declares that
the Judge of this fhall hold his office during the
eSiitenoe o me between the United States and -
NY 81 the predatory powers OF the Stes of Barbary,
and the 9Th eSfon goes hili frtser in bridpir tine
duration oil the Office, by giving power to the Pref
dent to abolih the Court when he may think proper
BY the contribution the PRECEDENT is empowered no.
inmate and by and with the advice of the Senate TO
appoint judges but no where by that nhrun,1nt is
ne authorized to abOliih court or annate the OF.
Tee OF Judge c!the admiralty, as t.s ion attempt
ed to authcEiie him to do. He a1,ed the gentleman
who reported the bin TO lify thi, arrangements of
Judge of admiralty holding bis o,itc either during
war, or at the dicre,ion Of the PRECEDENT In order
TO try the principle he moved triic GU; the frG
fiction Of the bill.
Mr.. Roaa.T oid not know thai ne had il IN ms pow
er to iaray the icruples of the gentleman from Com
neicut but il he had he would enleavour to remove
theni He confidered this cafe one III yeae,i, de-
pendant upon its peculiar circumstances aui he
!hould not bring into view the cuei.cn extremely
analogous, which had been 10 much cortrcvertcd a
few years back, but had been then fet at ren namely
that Judges, appointed under the law of the United
States when the courts aboiihed and their
Juriidction taken from them, ihH fill Continue
Judges OF the land and receive faary for being idle
worle than idle.
The cafe Of laf feIion, in forming temporary 90
vernment fo- tke Louana territory was preciG,y on
the principle of the bill, and the gentleman will fd
upon inspecting the law that the Judges in that teri
tory only hold their Offices for four years The ten.
ure in that caisis term of years, and is fnrey IS
t'rong cafe as the to be provided for by the hill
both courts being crested, be ereed out Of the
original limits OF the United States at the time OF a.
Doping the contribution and he believed The conl-
tuition when 1t declared that the judges of the Gl-
preme court and inferior courts houlo hold their Of
fees during good behavior, confined elf to the then
territory 81 the union, and judges out of die u
nited States There is another fe6;cn of the CONT
tuition which gives to Congrei the power to make ali
laws nee-tiary for carrying into execution the
other power. granted by that nitruuent, ard
under this power it becomes Congress TO
make PROBATIONARY regulations for Temporary
contingencies, and we are authorized to eaabliih i
temporary Judiciary Of the United States, becar
the eGency occaoned by the exercife of the conai-
tuton2l power OF declaring war inperiouiy calls for
IT, Without tuch proviiion as that CONTEMPLATED
IN the bill, gallant would be fighting to tte
effect, there judicial authority for he cor
domination of Trpolitan vefels after captnr-. TX.
terms OF the contribution do apply to aleg of thi.
kind. THIS qneition was talked Over in the el.q
committee, and the committee unanimous, th-r
We were as mnch At liberty TX the duration OF the
ladges Office in this cafe were to tx the tenn
OF four years the period Of the et5lhnent of th.
courts IN l.ouiiiana.
mr.. x. Gnjf7uoid faid the cafe did not compare.
The Judiciary power ve(ted in the Judges Of The ter
risory of Louiana, was not that judiciary ,rSer of
the United States mentioned in the contribution and
therefore the variation of tenure mitht BE- maj;
ned; but IN the preent cafe they about to vet
judge with the proper oonititutionsl power Of an
United States Judge, exercifng admiralty uriGl9ion,
which is regular judiciary power of the United
Go la1el r.
territory o. the United States, nevertheless the
power alluded TO in the contribution, and al Inferior
court to be ef.-b0lciby Coaqrefs the Judge OF WISH
is to hold las o.icc during good behaviour aid no
gentleman that floor could derry tkat this iu6..
was bound III his deeiions BY the laws of TIE United
States binding the drit, and 0.ker udges of the
UGion. He did not lee that the point he had made
the prsient quetion wasthc fame as that alud
ed toin the repeal Of the late judiciary law; what
was then contended for was the repeal of the law and
not whether Congress had the power of removing
the judges. The preftnt not repeating law in
order to abroga;e the office but j, was creating ne,,
court and providing for the appointment of a iudgs
thereto who by the contribution is to hold his Office
in that during good behaviour Yet this biz
declares that the Office l,a be limited to the war
with the Barbary Pnwers.-He did ;hin, that Tie
melil!re warranted by the contribution
nh. T. P'TfsibL iaid that this ..ld 1ueai-
on IN new ihaPe, it was in he fame words 5ut
it turned upon the fame pivot Ii Congress poheHed
the power when court became ulelels to sboh IL
certainly they had the power when creating court
ior particular purPofe to declare that when that
purPoe was anfwered, the ihould he ticontinu-
ed. Where vas the difference between creating
Judicial court and 1t the eud Of the Iripoiitan
war or any dcfaity period Of tirc) annulling H. and
ipecypg I'D the law creating the court that it hou5
cea'e and ne dncounued the end of the Trpoljt9n
war, OF at any deintc time hereafter So far as r.
lated 90 the judges there more Of recioufnefs in
tine CLAIM OF him who entered into an Office the term
Of whole exilence defined in the law c-e1rrg
1t, than OF hi,n who knew when he accepted an ap-
Pointment that certain contingency or at . GER
tain time his Office to ceafe and be discontinued
In regard to the nn;h iection, without fceing il
III the very Objectionable point of light in which il
"as viewed by the gentleman from Connecticut he
thought the bill would be we'll without IT, Wharf
ever might be the relative iituatiun which he n,i,r
hold ihat floor, he would always be averfe 10 ar,
unneceiiary accumulation Of patronage and power in
the bands Of the executive The iaary bill the next
FELTON, of Congress iuppoing peace in the mean time
TO be made with Tripoli, was no objetl.
Mr.. EI!'2f did not view the fuhi.4 in the
fame point of light As the gentleman who had
preceded him. lie did not couiidsr the RrA
ie6ton as limiting the duration Of the court.
but merely authorizing the Prcfdent by and
with the advice of The febate to appoint iadge
of admiralty in the territory of lome 4oreign ul-
ton at war with the fame nation with which
we are now at war. But the oh f,cico psyc