Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-08-20

Here there is one cafe, where Congrcis cannot
abrogate the a6 Of their prcdeceHors without
violating the great national compact. Another
is the faiavy Of the PreGdcnt; il cannc, be alter-
ed during the term of hi. proficiency. This
principle then cannot apply 70 the judges Of
the inferior courts for the confitu ion declares
" the Judges both Of the fuprems and inferior
courts, thall hold their off es during good be-
havior." They are in the fame Gtuaiion. But
it is triumphantly rstortca, the inferior are the
works of cor efs, the fuprene court are that
Of the contribution: confeduertiy the judges
Of the former may BIC deprived Of their Office.
This however is in exprefs contradiction, to the
paiFage we have. reci.ed, which is explicit and
sunequivocal The only rcafon, why the infer
riouv courts as web as the fcprsms, were NOT
seftablifli.d By the contribution, was All impoH:-
biltv that its ftamsrs could determine, what Fri
bunals of juIticc this widely extended and rap
lilly increaGng continent would afterwards re-
quite. They therefore were nccetltated, from
the imperfcetion Of human nature, to inlrua to
scongrefs the power of e,tabliihing inferior
Courts, prefuming from the many checks, which,
exit in the organization of that body, it would
not be abufed. Hence then the argument,
founded on the abu(c Of power, have no
force. 1t is folecifm in language to FAY, thar
government can be formed without giving
power, to is conaitucnt parts. Il is e
dually good reafonng to fay the PRECEDENT
and icnatc may r,:t-u!e the treaty making
power therefore It is nor inveited 10 ihcn; Mr..
leferGon may appoint bad men to olice, there
fore he can make no appointments. But it is
ftill niitcd, in the lat cafes, flated abufcs may
be corrected, but in the other, are without RENE
dy. if the judges Of the inferior courts cannot
be removed. They may hc corrected in all cafes I;
Ence. if the members Of the Legislature bs,ray
the intcrcits Of their conRisuents, they may be
Our thostl; returning periods OF election Tho
more judges may be appointed BY their aid, than
the Rate Of lociety, OF the concerns Of the ma
ton may require; yet this was contemplated
to bc-a leis evil, than TO render them deperd-
ent on the legislature, which is eaeefually the
cafe, if the repeating aG is conAitutional !; fnce
each fuceeilive censrsfs may change Z prreeds
ing law, and thus effect the removal Of the
Judges from oaice. AS ioon however as they
are dependent, no man can know what the law
is. or where to obtain tight. The opu!cnt
would crufh the poor. and he, who ought to be
an equal diipenfer Of juftice, would uemble Al
the nod Of a powerful initor, Whole influence
might prevent the continuance Of his office.
The leaft evd was therefore wifrly choicn, al
II Is impoaible for human wiidom to inftitute
government, free from defect.
How plea6ng this meafurc was in content
piation to the mind Of Mr.. Jsffcrfon may be in
ferred from his collection Of the cafes, which
had been determined, and were then depending
in the federal courts. In his mefagc, ne in
forms congress, he had caufrd TO be procured,
from the tcveral Rates, an sx0H Aafem<W Of
cafes decided, Gnce the irt cftabiihn,cnt Of the
courts, and cafes, which were unadjndged. when
additional courts and judges were called in to
their aid But unfortunately for him in his fate
ment was found to be confdcrabiy varicnt from
truth. That man thould miitakc in the ordi-
nary concerns Of life exciecs no furprizc But
that the Pre6dent, protecting to give informa-
ton to the collected wifdom Of the nation, for
the purpofe Of informing its judgmcn, on a con-
templated meaiure of.the highrlt importance to
the Country, fhould be incorrect, can fcarcely be
attributed TO any thing, but dsGgn TO deceive
Want OF time cannot be alledged in eacufe for
his incorrectncfs. 1t (ecms to be the compile
ton OF fayorite meafure, long determined, if
opportunity fhould ever permit I; de6gn which
in the fulnefs Of his heart he had before COM
municated to confidential friend; an intcn-
ton to deitroy that form Of the Englith confti-
tuition, which was attempted to be impofed on
him by an anglo monarchio carinocratico fac
ton, as he was pleafed to call Warrington and
his adhcrents in opinion. Indeed he has the
fatisfastion Of beholding the accomplishment, Of
the purpofc of his foul, if the proipeA Of the
future Aavery Of America under lome fortunate
ofurper can afford him fatisfacfion.
The repeating iof the law, eftabliihing the
courts, a and the vacating Of the cc'nmillions
will hereafter be an important period in the
has ever been from f,ugality to luxury, and luxu-
~ has been the parent of vice and faction.
When therefore the country fhall have become
corrupted, and virtue loft her influence on the
heart, then may we expect to reap the harveit
OF the labors Of the PRECEDENT a ,harveF OF
death and dcfoation through fcc,ies Of blood to
tlavery and dclpotifn As foon az party fhall