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

the honor CT feat on this floor forbad his af-
piring 70 that knowledge; but in all the lcgilla-
tive bodirs with which ne was acquainted, il IS
no, deemed parliamentary 10 argue againa the
nrlt fiction of bill that the la6 fiction IS i'm
perfeGt or incorrect. When y hill is TO be conf
1ered by feaions, The merits or dement's of
Zach is to be conlidered by itfef. Now the
hrR feStion does not fix the time 1t which the
raw ihsi expire or the Office fhal ccatc; and
although the contribution fays that Judges ihali
hold their Offices during good behaviour, who
Is there here that can FAY that this Office may
not latt during the life of the Judge, nay, may
not )aft to the end of time, for no man can fay
when the war will end. But admitting it to be
IN order to refer to the 9th fiction while diicuf-
hng the fri, he would ak how did that infringe
the contribution? The power TO abo!iih the Of
nee is fixed foiuewhere, and when once aholilh-
ed, and the officer left with nothing to do
will it be yet commended that he ihall fill be en-
titled TO receive his falary? Does the conititu-
zion prohibit Congrefs from making Il Judge
juttice, or a commifiioncr, call him what you
pleafe, on an xtraordinaryemcrgency and Unfit
upon his holding fuch office during good beha.
viour? He had always confirmed differently.
The idea of tenure during good behaviour in
the Office of Judge was borrowed from En-
gland, and there it was conhdered ne I great
point gained over the crown, by which they
were appointed, and upon which they had here
tofore been wholly dependant. But was it e.
yer commended that the Britifh parliament, in
Guiding king, lords, and commons, were incom-
petent to diimifs them from their feats it never
was 70 commended, nor it never can be 10 con-
tended with fuccefs; and though here the Pre-
hdent has not the power to remove inferior
judges, yet the legislature may remove them
by an expreflion of their fovereisn will but
perhaps thefe remarks are unneceliary and
need not be dwelt upon. He would vote a.
CAN'T Rriking out the claufe.
The quettion was taken on ftriking out the
tirif fiction, and loft without divifion.
Mr.. LHeaI moved to ftrike out the 9th fetti-
on, and Aligned for reafon that Congrefs ought
not to attempt TO do that indirectly which
could not be done directly. The Fundamental
principle of the contribution was the feparation
of the powers of the government. The Judge
therefore ought TO be independent of the exc
cutive for the tenure of this Office; by this feet
on he is rendered altogether dependent upon
the will of the PRECEDENT. There is no imitati-
on as TO the time or to the power which the cx-
ecutivc may exerciic over the Judge. He NAV
not hold his Office even during the prefent war,
tor during the prefent war it is only made law
ful for the PRECEDENT to appoint fuch an officer,
and by this fiction it is ALTO made lawful for
him to aboih the fame when in his opinion it
Iail be proper 70 to do. 1t may be faid that
the judge cannot be removed, unlcfs the court
Is iupprened: this is hut evafon, for the
Preident has not the power of actually renov
ing him, yet he can virtually do 70, and the eff
feet upon the judge is exactly the fame. This
power is unconstitutional in itlelf, and DANCE
rous as precedent. He hoped it would not
be granted--nor did he fee any necefiity for it
on the ground of expediency, even fuppoiiny
Congrcis had 4 right to vef the power in the
Prehdent. 1t is well known that Congrefs are
enjoned by the contribution to meet annually,
and If the uiefunefs of the judge fhoud ceafe on
the cefiation of the war, the inconvenencics
which may eniue, or the cxpence which might
accrue, would be Mort and uncomfortable; for
Congrefs will meet in months after the clofe
OF the preicnt FELTON,. II will be therefore bet
ter to leave it to Congrefs to abolifh this conrt
when they ice CAME for it, than transfer the
tower into Other hands.
4lT. kod"ey had no great objection to ftriling
ont The clauie, bccaufe he thought the bill ade-
quate TO its Object without it. The eighth GcIti
On he obierved, eltablifhed principle that had
heretofore been con6dcred of comfortable i'm
PoFk~e, VIZ. that Z judge fhall not receive
iai@ry beyond the time he continues in the ex
creme OF the duties of his Office. The commit
tee had fnppofed it poGible that fpeedy end
might be put to this war. and therennnn con
- - ''''~NSt'aIJ W lTCalury with
a'e payment of the judges and others compen
iatIons beyond the term of feryice He was
hIm,eit much averie to veiting in the PreGdcnt
any mutual or extraordinary power; but he
thought proclamation by the PRECEDENT was
~ oihcIai proceeding proper to attract the at
tention OF the executive authority of foreign
nations to its fubje6t matter. He was the pro-
per organ 70 express the will of the law and TO
give information 10 thoie ntcrefed. Although,
10 all human probability, the war will not con-
tnue long, he had no objection to the claufe be-
ing truck ont.
Mr.. Smile faid, if it had not been in the bill,
the bill would have been well enough without
1t; but rs 1t was IN, he was not inclined, through
An nnfonnded jealoufy, to Grike it out. He
would AK gentlemen to point out any probable
ground for jealoufy ofthe Prefdent in cxercifc
Of tins power for he took ii for granted, that
the contribution furnifhed no obfacIc. Its
iTjunttio's il: regard to- judges holding their Of
hoes during good behaviour, extended tn the
courts OF the United Statcs, within the limits
OF the feverai ftateS Represented on this floor.
No" the law itie't Cannot affect the prrfon or
property Of any citizen within the limited
States, aud as its uf'funefs may fnddenly ceafe
after the clofe Of the FELTON,, he did not Zee
why VIC ihou'd fubic6t ourfclyes to 6nyle dol.
lars expence, which might be prevented Ly the
immediate publication of the Prefdent's nrocl..
nation.
Mr.. LHcoS was not governed 10y jealoufy of
the executive in making his motion. The pre-
nj .sK rIIffU 90 lT,ft..