The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-20
FROM THE PUBLIC ADVERTISER.
OF THE JUDICIARY
AND 1HE CONDUCT OF CHIEF JUSTICE
MARSHALL.

~ND 'A- SoNoUEI OF CHIEF JUSTICE
MARSHALL.
The article in the federal contribution which efab
lilies the judiciary in every fenfe it can be viewed
vague and defective, and requires amendment. will
fIrit quote the article and then thew it's defes The
article fays,
" TIE judicial Povptr Of f5s Uni,eI STATE, Rail- BE-
voasd i" one frsme court and in Eeb inferior eou,is
az Cors-e' may, fys@ time time, oyHain and eGab
=" HS TOE j1Sgr5 G'fb Of tie J1oYsme and irjtri,,
tesr'' fSHH6o's fbfir sfes during good behavior"
This is all the contribution fays on the fubiea.
Now it naturally and neceGarily follows, that If the
judges are to hold their Offices during good behavior.
there mu9 be power fomewhere, to Judge of that
good behavior the breach of il, but of this the con-
ttitution is blent, and herein lies its defea.
The establishment of the judiciary in feveral OF III.
it"te contributions is much better arranged than il i,
IN the federal contribution In the Pennsylvania con-
ftitution it is expreGsd as follows.
TIE JUG" Of tie Glfrems count, and of tbe kvryai
tou'f' IF e0n"0" pisas 5aHJOdtbay office, Iuring g.sJ
besavi'r BIT for any regjoaabs raIjt, zvbie6 E4H
not be Efficient ground f., ipeaebm.ut, I'd, pove,s,,
may re"ope any Of fbsn fbe adS,e of f1oo tb,A
" Of rhsS branch Of tie Ls.jaotvrs."
Some other of the Rate contributions like thofe Of
New Hampihire and Ma6achufett,, make them re-
movable on the address of majority of the IeriR,
ture, by which fuppde, is meant the Join, vote of
both houe, But in ether cafe, all sther matter.
determipable BY voting decided by maiori,ies,
inhlcisnt reaons can b. given why Judges ihoud be
higher privileged tbaa other citizens A prefdep,
OF the United States is removable by a majority of
the electors and judge ought TO be the fame by A
majority OF the Representatives But the cafe that
IN the federal convention and in ome of the a,e ron
ven,ions, the judiciary department. was formed bv
lawyers, and as they might expect be Judges them
iei they contrived to make the removing of them
diieult but that difficulty doss deroy the right
It naturally reides in tho sovereignty of the whole
people and from them it dsvoves on their reprefen,a
tives. IL would however have been better had the
contribution eKprsfed the manner Of doing of it, and
ditnguiihed between reafonabls caufe for removing
judge and conduct 70 very bad as 10 become impeaeh
able 1t j, equitable to FAY that the fame defea Of
character and eondua which, f known, would rem
der man unfit TO be appointed Judge, ought il COM
mtted afterwards, to d6quafy him from holding the
appointment.
The conduit Of Judge MsrfhalI on the trial of "A
ron Burr is invoved in intrieacy and myHery He has
aiumsd too much, and acts if he was one of Burr's
council.
On the trial at London between Horne Tookc r,
Charles Fox for an undue election for the civ of
Weftminfter, the judge, Kenyon, frequently inter-
ruPted Horne Tooks in the information he was 0i-
wing the jury refpseing that election. AT Iengfh
Horne Tooke fad i'Proper my lord to lsttle this
matter before proceed farther There are two par
ties in this iuit, myfelf plaintiff, aud Mr.. Fox the
Ne''"us ~"u tue jury "heh they nave heard the
whole cafe are to judges TIE duty IF y.v, iopdSie
01dfb' erir fb' ssEf l'p sytr. After this we'll
timed reProof Kenyon permitted the trial to 20 on
Judge Marlhall's opinion on the motion Of Burr.
council to arreh the evidence againa him is foil Of
bubbles. Ought, fays he, the court uiesuing tina,
1t ought noD to fee and hear te0imony, which can
not aIs9 the priionsr, ought the court to arrsls
that ieltimony!" To which aufwer,
That until the ,eitirnOny he heard, IL sanuo, be
known "hsthsr il will, or will not aHeet the pr(ons