Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-06-13

y
oil the people, and must therefore be held subiect
10 tha' condition, oil which Congress is the constu
uonai Judge. Considering the boundary line be-
tween these conflicting opinions 10 be the bounda-
ry line between Offices held for public utility and
offices held tor personal favor cannot hss,o,y tno
nuch attention upon this part OF the discussions for
If the construction gentlemen contend for shouM
prevail, in vain have the trainers of the constitu.
ton, with so much jealous circumspectiop erected
80 many ramparts against the introduction of some
Of those Offices in the government Of the u State,
sinecure office is an office held without the con.
diton oil service; often for past services already
compensated; often Tor present favor, without the
condition oil any service. For the purpose of ey-
GLIDING from the federal government all sinecure
omces, inc sages, who formed the constitution,
nave through every part of it, connected service
ana compensation, and they ought never to be Sc.
paraed IN construction. The sixth section Of the
hrst article is in these words-.s The senator's and
representatives shall receive compensation for
their services to be ascertained by law" &c. And
10 lar mas this principle Of the rendition of service
been carried, that the service of the senators and
representatives is to be rendered every dav. and
unless they do daily render service, thew are not
ehutied to their days compensation. In the first
section OF the second article of the constitution,
arc arc 'iese WORDS The President shall, at stated
umes' receive Tor his services compensation & e
In the first section Of the third article are these
words: " And shall, Ito wit, the judges shalI0 az
stated umes, receive for their services compensa-
ion, 3c.--ln the foriy-frs section Of the act un-
aer winch the Judges claim their compensation.
are these words: 'srhat each of the Circuit Jndoes
Oh inc United States, to be appointed by virtue ofy
uus act snail be allowed compensation for his
services, &c. These expressions all demonstrate
inc Importance OF coupling the service and COM
pensation OF Office. But the Jealous caution of the
trainers OF the constitution did not stop at choosne,,
,he oest aflrmative expressions for excluding thsJ
uoctrihe OF sinecure offices-hey also apply mega
,;.,a s ., me ninth section Of the rsta ar
'icie OF the constitution, are these words: No
| money shall be drawn from the Treasury. but in
consequence OIL appropriations made by law" In
'no same section, g No title of nobility shall be
s'a"'ca oy ohe United States, and person hold
ing an ONCE OF profit trust under them shall,
/ without the consent Of Congress, accept of anv
present, emolument, office or title of any kind
whatever, from any king, prince or foreign state -
H. "eh' services rendered for the public benefit be
\ 'ie essential consideration upon which the cop,
pensation does accrue to the jutges. If Congrer,
ne 'fle proper tribunal for pronouncing upon the
necessity or utility of such service: and If tbe,-
decide that no such service is necessary or useful
the Judge sustains injury i'm not receiving the
| compensation, because he does moi comnlve.;,I,
me condition on his part; nor does he sustain
liafuship merely; because, il must be presumed
'ia' ne understood the conditions attached to his
once at tne tune OF his acceptance. IL has been
auhiil'ed oy all gentlemen, that Congress ia In,
constitutional tribunal for deciding, respecting the
| services TO be pertorned.-They admit that Com
| gress may modify the courts diminish or add q,
uheir au'les alter the terms OF their sessions o.,
\ o'hSi respecting them
which do not go TO take away or diminish thair
! compensatons IL is 10 be observed, that there IL
not one OF these powers specified in the constitu
noh; they are, therefore, necessary differences
rom the paramount power &c to orlain and estab-
iish and the power OF repeal, or 10 take away all
he service 10 be performed, is a. NECESSARY an in
ference as either or the others, and has uniform,r
resulted from every other specified power in In.
FROM this part OF the sentence, there
lore, u is deducible, that the only restraint upon
the general power given to Congress- i'm the f;,s,
par oi me section, TO ordain and establish courts
Is that the compensation of the judges shall not
De iessened dWIng their continuance in Office
! nor duTing their good behaviour IND in tbia
part OF the sentence, the correct phraseoopv nj tb
constitution Is worthy Of observation In sneak
ing oil the executive attribute TO viii the appoint
ing ana commissioning Of officers, the term rood
behaviour, is used In speaking of the IegisJ1fjrn
attribute, Ito wiD the creation OF Offices and ~
Ing coInpensatons, the term, during their coufi1.
udnce ~, office, is used. The reason for th;s va
riaton oil expression is obvious. II was known
that the Office might be discontinued and the ;dge
commune to behave well; the Limitation was there
lore, applied to the office and not the good beIo
p'ouTj because, ii the Office should he discontinue
ed, which is clearly implied in this expression II
was not the intention OF the constitution that the
compensation should be received; no service in
that event being to be rendered From This in
depreciation OF the constitution, all the departments
are preserved in the due exercise of tboir resner
i've functions for the general good without any OF
anu absurd consequences result
ing from the opposite construction Its admitted
tna the first part OF this section expressly yests
congress with the general power TO ordaiu and
eStdoash courts; and if there had been no Other
resurrection, the consequent power TO t,,,ordai,, mr.
ooohh The restriction relied upon is not a re
strcton in express words; there are no words il.
me constitution prohibiting Congress from reneai
ing law Tor organizing courls-The restraint
contended Tor, therefore, is by implication and tba,
npcauoh' 10 say the least, not expressly connect.
cd with any legislative attribute Is riyb,. Ia 4
correct Interpretation, that when power IL civ
en- III express words, for the most important nurno
SEES, II should be restrained prohibited by jmpJi
catiou Gan so much inattention and folIy be a.
iouled 10 the trainers of the constitutions as yyoud
result from the supposition, that il il was their in
'enuoh' that a law growing out OF one of the spe
cihed powers, In coniradstinction to all others
shouhi De irrepealable, when once passed On ev
traora'nary a principle would be left to mean inn
Pncauon! Such supposion would be the biobcss
~ ,s 70 tne superior Intelligence and patriotism
vi .hose gentlemen, manifested in every other nart
OF the instrument. No, sir they would have made
notes oil admiration; they would have used every
marx, adopted every caution to have arrested and
nxed The attention of the legislature to so ertraord
nary principle. They would have said. IeoisIa,orsf
be circumspect BE cautiousl Be CALM Be debera,c,
DE wise be not only wise for the present. bur be wise
ior Posteflty! You are about to tread roon In
~ eTouhu, ne lazy you are now about TO pass 80
niuPesi"oie lrreVocabie We so enanoured
WITH the salutary and practicable independencc ~.
the English judiciary system, that in infnsno 10
principle into constitution we have slammed /,
with the proverbial 10Y of the Modes and Per-
SANS! II this principle had teen introduced into
we constitution in express words, i: would have
ncu All unfortunate contrast TO all other Iarts OF
."e instrument; yet gentlemen make no difTcul,,;