Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-01-18

wa morbid sen.ibiiiy; might be supposed to
spring from ,inist r views. Boil had always
been his first care to do what wss rieh', anc
his nrx, 10 have The credit OF doing what vas
right, although the repu alton ut virtue was
mex, 10 vir,ve itself there was vide dlhe Fenee
between hem Upon this occasion, I've would
do what was right, and endeayor 10 sustain the
reputation Of doing what was right.
Mr.. s proceeded 10 enter disclaimer Of
ac ing from interested motives. Tie had been,
he said. In minority al his lfe-on State and
United States pcli,ics-=in q recent question
viii h agitaisd the nation, he had been IN MI
nority against the Administrator, aud as soon
as power shifted hands, the manner 10 which
il was exercised, had drown him again mo
the minority On the necessity OF an indepen-
den, Judiciary, as projection OF, and refuge
for, he weak against the strong; IN Inc ta'ai
consequences Of putting the Judiciary into the
power Of he Legislature; and upon the inpos-
sibll;y that the feeble 10 health. and PHYSICALLY
and mentally disquaii6 d by it. from ex'reis'
ing any Office, snould he sctuated by any other
than disinteres,ed motives. MIR. >. enlarged,
and concluded by calling upon the Chairman Of
the judiciary Committee, General MARSHALL,
and the gentleman from Norfolk, lMr. iezc.
welD for their construction OF he arhcie reilt.
ing 10 the Judiciary: " The Judges oil the Su-
prenIe Court Of Appeals and OF the Superior
Cour, shall receive 6xed and adequate sala-
ri, which shalino be diminished curing their
continuance in Office" Mr.. S. without offer
ing any proposition, wished % know II the
| CONSTRUCTION Of ibis clause WAS. that the power
tiven the Legislature of aoolishing Courts, ar
ried with it the power Of aboli.h'ns the "ffice
Of the Judge, and consequently his salary!
IA short review will make this matter clear
er TO tie reader The point involved in Mr..
SIS case has been banled three or fnur~iimes,
a, different stages of the Convention The ar
'icle we have quoted, is transcript from the
Constitution Of he United S:acs. ~ that go.
yernmen,, by The ct of Congress OF 1902, re
re sling he midnight judiciary act, the words
received the CONSTRUCTION deprecated by M.
Scott-namely, that under hem, Congress had
power no, only 10 abolish The Cour,, but he Of
Ace and salary Of the Judge Before the re!er-
ence OF the Constitution 10 the Srlrct Commit
zee. Mr. Cabell, Ia leave no doub, on the sub
ject. moved an amendment which was adop'ed)
10 The following words: " But if no duies are
assigned him (the Judge by the Legislature,
THAT is, after his Cour, was abolshe,l) he shall
receive no salary in virtue OF such oth e. he
Select Committee, upon rxamination, tound
this amendment incongru"us with the nrered
ing sentence Of the article" No modih alton
or abolition Of any Court stall he construed 10
deprive any Judge Of his office; but such Judge
shall perform any judicial duties which the Lee
eislaiure may .sssn him" They therefore
expungrd i,-Mr. Taz' well and Mr.. Giles de-
claring their opinion, that Congress had given
the proper construction in the act Of 1902, end
that the same rons ruc'ion would be pu. Upon
the same words in our Con,'ituiion
IT II 81. l.- dad ion
tina, the words would receive a similar con-
struction in This as in the Government OF the
Uni,cd States They were copied verbatim
from the Constitution OF The Uni,ed Sta'es-
hey had been construed by Congress near 80
wears ago - and when we a, this time, employ.
ed The SINE form Of words, il must BE- Presum-
ed that lhr sumo construction would be given
This was one ground Of his opinion-anoher
was, tina, if now interpreted for the 6rs' time,
such must be the natural, e., and necessary
construc lion Of them.
Mr.. Marshall expressed the rspugnance he
fel, at saying any thing. Imperfect as we are
a, reporting, we shall MOI alremp' to give the
words Of the speaker, IS they were measured
with thar delicate accuracy, which The prculi'
ari,y Of the occasion ard the subject, and the
,,ti'ude in which Mr. Marshall stood 10 The
question, required. Suffice il 10 say, that Mr..
Marshall did not seem 10 concur in the JUST
ness Of the cons'ruction-he did not appear 10
think hat the act Of Congress Of 1902, had
correctly expounded the words, or that that
&C, was If itself, without succession OF legis-
Ia,ivc comcurren, acts, sufficient TO settle the
quesiou especially as The Judicial Depart
men, had never passed judgment upon it-snd
br dc sired that the word. in our Constitution
might be left 10 be construed Hereafter, as h
re .ssn OF those whose duty it was, should de-
termine, and that hey might no, b. determin
ed bv The expression Of contemporaneous' OPT
Mon.
Mr.. Johnson expressed the opinions that the
&C, OF 1902 was erroneous IN its construction
bu, that II had been settled otherwise -and that
ITS construction Of the words would obtain un
der our Constitution.
Mr. CabelI. seeing tina, there was no doub'
on he subjec', aud high authority sgains' the
cous,ru lion which he believed the Convention
had d, signed to sanction, moved 20 readppi the
words. "bur il no judicial duties are assigned
him by The L. gi,laurf, he shall receive no Sd
lazy IN virtue Of such effice."
Mr. ii brienv si.ied .hat belieyinD the