The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-01

he executive 20 carry these laws into effect But
A. from the inp,rfecton Of language, and the
inioSsibi.ty Of making laws precisely definite
au,, strictly applicable 10 every case growing ont
81 t,s variety and compieNity OF human trailsac-
tons, tie meaning at Tie laws is not defMtivsy
understood the iudiciar. Department. is intro
tieesi 10 explain the meaning Of the laws pre-
scrised BY the Legislature, to aid the executive in
tp1ying those laws into cffcct-Hence It is obvi-
ousrthat the Judiciary is branch ofthe executive
Nepa'tment, and accordingly, Under the con.titu-
Non, the President appoint al judicial officers,
and except the Judges. al other officers Of the
courts hold their Offices during his pleasure,
Mr.. G. observed il was not his intsnticn or
'Aisa to lcgislatc into the constitution one scintil-
j. OF power net intrinscaily confined liz the III
e,lutaent itself nor by weak or ti,nitl exercise
OF the powers il does :ntrinsica.y cortain, to pa
lahse o.: destroy its energy, and thus 10 counter
act the great objects OF its institntion--the com
ahor. defence and y,ene ri welfare It will be OBJ.
served, said Mr.. c. that he did not use these
serins IS comforting on the government any pow.
sr wistcser but merely as the ends for which
the specified powers Serc conferred ; nor did
lac propose TO disturb the distribution of the pow
,crs amongst the several departments of the go.
Sc!hSent. lie haS made these remarks to res
cue tie constitution from CERTAIN absurt:i,ies,
which had cssn attributed to it, by the applcati-
on OF csriain generic and technical phrases IN
fhe Interpretation OF it, instead of examining lis
own intrinsic Organization For instance, super
'c9s ttHS " tnSI lllG three
great departments OF the government are co-or-
cinate and independents of each other l. is to
te observed, that the words "co-ordnatc," Z" IN
dependent" are To be found in any part of the
Constitution. They are borrowed from the tech.
Neal phtaseology of another country: ard do
not Apply to the constitution of the U S., at leas,
rot without great limitation. II BY the word
Coordinate is meant that the Judiciary depart
mem Is equal in dignity, eo-oylo, it is admitted
~ IL tie meant IN Pont OF time, co-0ySo, it is not
The fact. he Legislative department pre.exist
ed tic Judiciary department, for according to the
constitution the estabi shnlcnt of the Judiciary
department WAS entrusted to the legislative de-
partinent, and Of course that department. must
necessarily pre- exist the department TO be csta-
bMshed by L; nd the Fact is well known 10 be So
with respect to the word independent" az APP
pc.,ble 10 te ludicia.y, It is not correct nor is
ti.sed by tie Constitution This term is Borrowed
I'M q. Britain, and by some incorrect apprc.
tensions of It's meaning there, or flosa some o.
GieI cause, is applied here to the department it
aeit, al of the officers of tire department
IN u. Britain The phrase is an indeben4ent judge,
Hot an Independent judicial * baytr,tent. Accor.
ding to the English constitution such phraseo-
lnhy would be absolute nonsense In this coun-
wv the terms nave been used az sylioT NOUS
whereas there is the most pull abe difference both
IN tie !Oim and effect of tl.cr meaning. An in.
dependent department of government ia ron.
to be department furnished with powers
To organise Itself, and to execute The pcculiarflnc.
ions assigned TO 1t, without the aid, or in other
words, independent OF any other department A
moment ) attention to the constitution will serve
70 shew Tat this IS not The constitutional ch$rac.
TT oi our judicial department. An independent
Judge maybe defined to be person who in the
exercise OF Judicial functions, is placed above
temptation IL The DISCHARGE Of his Judicial duties
cr - other words, Judge who VIII neither gain
mon lose any thing b! deciding for or against the
government, OF FOR against any individual or
Eisyal>Sr OF Ilidty~yitins RI
isuAed, AND who daes not hold his o.iicc Ut the
pleasure of another person
In Engi.ind the king is the fountain of honor
ana justice, and formerly dec dcd upon The mean.
ing OF tne Jaws III his own person afterwards
int branch OF executive duties was cont,tled To
ms commissioners, who were appointed by him,
held their appointments during his pleasure and
were dependant upon him for their COMPENSATE
ois, until by rhe statute of "a os William 3r, it
was declared, that the judges should hold their
ohices during Esod behavior still however their
offices were vacated upon the demise of the
crown untd the LIT OF Anne, when it was tlecl.r-
cd ti.at ,he Offices or the Judges should not be va
Gated until siA months after the demise of the
crown; and hn-ly by "a statute of 1st of George
90 nc salaries Oh The Judges were fixed, ard ii
was dec..red that their Offices should not be va.
Gated upon The demise Of the crown This sta
TIC completely established, what in Eyelnnd is
Gated tse ;a-epSndsnne Of the JUICES Butte infer
from THIS, That the Judicial department there is
mas pehccit OF the parliament, would be an abb
scl"tc mls.pphcation OF terms, and INCOMPATIBLE
with every principle of the British constitution.
frcin these observations it is not TO be inferred
tat cur constitution y precisely analogous to the
SrirIsn IN all these respects but To shew the
TieHInG OF the term % Ineep endcnt, Pin the coun
sly from which 1t was borrowed, and its rrisap
p'!catlon to our constitution. II was his wish to
discard these tecnc al, generic terms, which ra
ther elnoarrdss than assist us in the cor ect inter-
pietauoa OF the constitution. 1t was kis wish to
cHsinDie uie instrument and to dccluce Our inter-
probation OF II from its own context For what
ever degree Of independence is attached either
TO tic Iusicial department or TO the Judges them
Selves Gccoyatgto III eonStitKfaox il was his wish
should be folly enjoyed by the department or tie
Jno yes without The smallest abatement but the
Constitution rs IT is, should be the standard of in
tefPietauon, MT what it is described 10 be By &c
ner J, borrowed, misdpphed phrascs.
W tn TINS general exposition Of the constitute
or, h would nuw proceed to examine the precise
question uiUer consideration. Tie Question ia
oan Cons lCsS declare by law, what acts amount
~ treason against the Un,red Sites under the
constitution! lie SAID tiiat from the best rcfec
tiohs he bad been able to scs,ow upon The sub
lect, unacr T. strong sense Of the dnty IMPOSED
u.ion hiIn, he had 10 doubt but Congress can and
ought 10 ao 81, Ard since his reflections he had
wondered tnat he ever had doubted the iepisla
tive right The tTst clause in tue constitution
upon which th.s question ariscs, is in the follow
ing wo9'is
+" Treason against the JTr;.eJ S4otee sJ,,It -or