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

congress had the power OF renewing the
Judge. l he prgsen, was no, repeating
law III crdec - ahr4gate The onice, Dat il
WAS creating new court and providing
Tor the appointment OF iu!gc thereto,
who By lhe constitution is To hold his Office
in that court during good behaviour. Yet
this biil declares that the Office shall BE-
l!nil;cd 10 the war with the Barbary pow
eis.-ie did not think that the measure
was warranted by the constitution.
Mr.. ]. Randolph said tina, this was an
old question in new shape, It WAS rot III
the same words, but IL turned upon the
same pivot. II congress possessed the
power when court becarar useless 10 u.
bolish il, certainly they had th- power
when creating a cour( far a particular pur.
/ pose to declare thai, when that purpose
was answered, the court should be discon-
| tinued. Where was the difference be-
tween creating 4 judicial court now and
a. he end Of the lripo!tan war I.r any
definite period ct timr) annuiing i, and
specifying in the law creating the court
that ii should cease and be di ,col.iaaed
at the end ofihe rripn,itan war, or a. any
: definite time hereafter? So iar as related
( W NtiN l'i'4ElH .ftStC Nsss UlbEC SPEC
/ ness IN the claim OF him who entered into
an oSiice the term Of whose existence was
| not defined III the law creating it, than of
him who knew when he accepted an ap.
! polntment that on a certain contingency
or at Certain time his Office was TO cease
and BE- d scomtinucd.
In regard 10 the ninth section, Without
seeing it in the very cbie6tinnshle point OF
light IN which it was viewed by the gen.
ueman from Connecticut, lie thought the
bill would be as we'll without IL. Wha,e-
yer might be the relative situation which
he might hold on that floor, he should al
ways be aVersc 10 an unnecessary accumu-
lation ct patronage Ind power IN The hand,
the executive. The salary bill The mex
session of Congress, surprising peace in
tie mean time 10 be made with Tripcli,
was no object.
Mr.. Elliot did not view the subie0 in
the same point OF light as the gentleman
who had preceded him. lie did not con-
| slider The first section as limiting the du.
ration ofthe court, but merely autholising
the President by and with the advice of
he senate To appoint Judge of admiralty
! IN the territory OF some foreign nation al
war with the same nation wlth which we
are nov al war. But the oh se6lion gave
the President the power OF abrogatiag this
court after it should be established. lie
would never consent tn give the President
The power to abrogate any judicial lribu-
nal whatever. He should Therefore vote
tor retaining the fist section ana subse-
quently for striking out The 9ih.
Mr.. Nelson of fkp
who had reported the bill, begged to be
permitted to ass.pn some reasons in is
defence. He did not pretend to under
stand The forms proceeding in this body
The shor; time he had had the honor Of
seat on this noor rorhad his aspiring TO
that knowledge; but ii, AL the Legislative
bodies with which he was acquainted, il is
not deemed parliamentary TO argue a.
gainst the frs, section of bill that the
last section is Imperfect Or incorrect.
When bill is to b. considered by secti
ons, the merits or dement's OF each is to
BE- cons dered by itself. Now the first
seGiipn does net FIX he time al which
the law shall expire or the Office snail
cease; and although the constitution
says that judges shall bold their Off
ces during good behaviour, who is thele
here that can say that this cffice may not
last during the life cfthe Judge, nay, NAV
not last 70 the end of time, for no man car
say when the war VIII end. But admit.
ting it TO be in order TO refer to the 9th
secGon while discussing The FIRST, he would
ask bow did thai infringe the constitution?
The power to abolish TIE Office is fixed
somewhere, and when once abolished, and
the officer left with nothing to do; will it
be Jet commended that he shall still be en-.
titled to receive his salary? Does The con-
stitution prohibit Congress from making
Judge justice, or commissioner, call
hin: what YOU please, on an ex.rsordlns-
ry emergency, and insist upon his hold
ing such Office during good behaviour?
He had always construed differently. The
idea OF a tenure during good behaviour in
the Office of Judge was borrowed from
England, and there it was considered as
a great point gained over the crown, by
which they we're appointed & upon which
they had heretofore been wholly depeu-
dant. But was IT ever commended that the
British parliament, including king, lords,
and commons, were incompetent 10 dis
miss them from their seats it never was
so commended. nor IL never can he so CON