Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-06-13
COli.MUySICaI'EG
MR.. CLAY-.a6straciiOn from the duties Of hi.

| MIR. Characterization from the duties nj IN,
| office.
| Does not this abstraction necessarily involve al
abstraction from has oBice also? Ii surely does, il
the constitution aud the law have energy enoue h
remaining 10 subject Mr. CLAY TO the necessity nj
observing their commands. The constitution de
| Giares It's VIII to be, that No money shall be
drawn from the Treasury but in CONSEQUENCE ~
appropriations made by law" The law fixes the
salaries OF all Executive officers, doubessIy. as a
Just compensation for their servces-and nsrtcu
aiy oesigndtes the duties TO be performed by each
III consideration OF his respective salary This is
one OF Tie most Important characteristic diffaren.
ces between the original Constitution of the United
States and the old despotic governments of Europe:
but the new principles introduced for the interpre
ation OF the new surrepttious Constitution of the
ohed States seems to be driving the practical go
vernment to more prohgate extension of the 81
necu'e system, than can be found in any govern
ment of Europe.
The celebrated Philadelphia Physicians have
granted Mr. Clay tuyiough from the duties of hi,
Office under the form OF AN abstraction from the
duties OF his office, for several months Sboujd
MIR. Clay avail himself of this scientific f,rIougb
to abstract himself from the duties of his o6ice
during so long time, do not the express words of
the constitution and the law impose ON hin, an ah
soiute obligation TO abstract himself from his oce
altogether! Will Mr.. Clay feel himself al Ibertv
10 receive the compensation, and avoid the nor
lornance OF the Deyy services for which that iden
ttcdt compensation Is given! If So surely the posi-
'tNS tO'hiidiiuS vi constitution and the lay
unavaing, and Mr.. Clay's sovereign will beco,naS
thelr substitute. This suggestion has arisen from
lately reading Speech delivered bv Mr. Gill; l.;
the House of Representatives of the United States
upon the repeal OF the Judiciary law in ISOI-re-
Gently re-published by Williston an extract FROM,
which Is here given, and recommended TO the ne.
rusal and serious consideration of Mr. Claw and of
% We the People" "
Extract from "a VOL Wilt t,n's Eloquence u. s.
pages from III TO I47
to call
committee particularly 10 the last clause of ,be
sentence, which ascertains the constitutional con,
nexioD between the Legislative and judicial dena,
neh's' so lar as II respects limitations of the Iegis
c III 'He exercise oil the power committed to il .
Tor the organization of the judicial department
snail place particular emphasis on these words of the
constitution, In the exposition propose to make
ne words are " and shall, at stated times receive
ior their services compensation, which shall mn,
~ uii'nished during their continuance i'm Office
ne hrSt part OF This section having given 10 Con
gres5 the power OF creating courts ascertainin H.
nunoef OF judges, &c. these last words n,aV he
considered as containing explanations and limit
Gohs OF inc general power of Congress, as is the
IoIeSorng part oil TINS sentence Limitation of the
genera executive power. And accordingly liz
most correct terms are used for limiting ePis,,;
uiscrcuon, aud explaining its objects ACCORDING n,
ihe words oil this sentence, the Judge is TO receive
compensation for his services. To whom are ,beso
seLsices 10 DC rendered. 10 the people, for the be
=. W HgCpg
s'ty or utility OF these servicesl The constitution
mas ordained, that Congress, or, in other word
.he representatives OF the people, shall be the fri
nal:-Suppose there should be no services r..
CURED, none for the judge to perform. and ,bo,
congress should so think and determine: ia tbc
Judge entitled TO compensation! He is moi Tie
condition OF service for the benefit of the people Is
lhe express consideration upon which the compen
sauon accrues' No service is rendered.; the CON
petent tribunal says there is mono required: IF
course, no compensation accrues The iudoe i
entitled TO receive none. On this point an obSo,,s
ana most Important difference of opinion exists he
tween the two sides OF the Committee On ono
side, 1t Is conendcd, that the oiice,is tbc vested
property OF the Judge conferred on him bv bis an
polniinent; and that his good behaviour is 1bc cox
sidefauon oil bis compensation so long, tbereGors
ashis good behaviour exists, 50 long his Office ,s
continue IN consequence Of his good behaviour.
a .hat is compensation is his property in virtue
d his Office; and, therefore, cannot be faken
oy any authority whatcyer--althoueh there max
le no service tor him to perform.-On The OIL,
noe, IL IS conended, that the good behaviour is n,
ne consideration upon which the compensation 49,
fGes, bat services rendered for the public s,ooJ 1