Southern planter., 1832-04-28

THE JUDICIARY.

courts established by Congress IN tire several or
ritories Of the United States, hold oihccf
This is a question agitated at tho present time,
and exciting no trivial interest. have inyestRa-
ted il with great care, and answer, that by and un-
der the Constellation Of the United States, these
Judges do and must held their Offices during good
behaviour, and that Congress has no power TO pre-
scribe any other limit
BY the first seciisn ofthe third article Of the con
siiiution, It is provided that "he judicial power Of
the United States, shall be vested in one supreme
court, and in such inferior courts, as Congress
may from time 10 time ordain and establish. The
judges both Of the supreme and inferior courts,
shall hold their Offices during good behaviour"
Hero the whole Judicial power Of the United
States, conferred by the constitution, is presented
to view And II is sufficient to enable Congress to
execute all Of the purposes Of the confederation
In no part Of this instrument can more be found o
ven by implication. And here too Is all the power
possessed by Congress to establish courts all Of the
judges ofwhch must hold their offices by the ex-
press obligation Of the constitution, during good
behaviour
Can it be claimed, in reply, that the phrase "Uni-
ted States" comprehends merely the Satesi Sure
y not. II is the name Of the nation--a great and
happy nation-including all the country within its
geographical limitsi the District Of Columba the
several organized Territories; the conlederated
States; and the wide region beyond them all, yet
without political organization, extending to the Pa
cifc.
Is not the citizen ofany portion Of this country,
OF the District Of Columbia, for example, citizen
ofthe United States, and as well entitled to all the
privileges, as he Of Virginia or MaIyland2 Is not
tho "natural born citizenn of this District, or Of
Territory, eligible, by the constitution, to be Presi-
den, Of the United Siatesi
Are not the courts Of Michigan, Arkansas, Flori-
da, or the District ofColumbia, created by Congress
courts the United Statesi And how, in this par
tcular, can they be distinguished from those estab
lished within the limit Of a Slate2 Both derive
their existence from the same source, act by the
same authority, and their judges are appointed by
the same public functionares
That the jurisdiction Of the former is limited To-
cay to territory, and Of the latter TO a State or
part ofa State, is no cause for, and furnishes no
distinction by any provision ofthe constitution as
to the tenure Of Office
Can il be claimed that the constitution does not
extend its protective power to the TerritoTies2 Ey
cry immunity secured by il generally, 10 the peo.
pie, or TO the nation, does attach as surely 10 the
Territories and to the citizens therein as to the So
veral States and the citizens Of the States When
an immunity OF privilege by the constitution is con.
ierred upon and limited to a citizen or citizens Of
Nf"N'f Ne'efa RcFoONU must govern, and II
could not be extended TO person not falling with
in the description. But tho right, for instance. Of
trial by jury, Of security against unreasonable
searches and seizures, and that the tenure of iudi.
cial office in all courts created by Congress shall
be during good behaviour are immunities or priyi.
eges by the constitution secured to the whole Uni.
ted States, and TO all the citizens thereof, and can
no more be withheld from Territory and from its
citizens, than from State and the citizens Of
sntel
The article ofthe constitution already cited, con
teTrng and defining the judicial power of the Uni.
ted States, in the second paragraph of the second
section, itself contemplaies, and expresses its ex-
tension, beyond the limits the States, by provid-
ing for the trial Of crimes committed beyond those
limits
Again: If these courts arc not United States
courts within the meaning Of the constitution, and
the judges thereof United States Judges, the Pros
dent by his general appointing power, derived from
the constitution, could not nominate them; for by
this charter he can only nominate or appoint Uni.
ted States officers
1t they are not United States Judges, no mal-ad !
ninistratlon or corruption in office could subject
them to impeachment before the Senate. And The |
Judges of this district for life, and of the Terrific
tes for their prescribed term Of office, would be
neither impeachable or amenable before any earth
ly tribunal for any corruption. THIS is the conclu-
sion to which he must come who denies that these
judges are constitutional United States Judges
The writer of these hints, (for an extended arau.
ment IS not now intended,) is well aware of an o.
bitter dictnn from an august tribunal, not ofa deci-
'loH, for the point was not in issue that the Ter
-ioria courts are legislative and not constitutional
The reasoning, If so it may be msnamed, on
Rhich this proposition was founded, has always
'een considered by the profession as unsound and
Unworthy Of its source "Those courts are legls-
ative and not constitutional, because Congress has
prescribed different tenure ofofice for the Judges,
han that prescribed by the constitution" is the
whole argument, and more downright petitio pria-
''pii cannot befound. The Sun has its spots-and
his, like all earthly tribunals, has its errors.
The provision, in the third section of the fourth
article ofihe constitution, authorizing Congress .to
dispose OF and make all needfll rules and repula.
hons respecting the territories or other property be
longing TO the United States," requires no com.
nent.
No one can justly contend, that i, touches the
question under consideration, and that 1t author
zes Congress to limit the tenure Of Office ola Uni