The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-20

the constitution express power Is given Congress
constitute tribunals inferior to the Supreme Court II
very obvious that these tribunals be established by
Congress for the purpose Of administering the Judicial
power OF the United States, in any Territory hut IN
The judicial departments Of the United States which ths
great system contemplated institute and These
great provisions of the constitution carried and
provided by the Judiciary OF 1882 II established
circuit and district The constitutional provision
was construed apply alone such courts and that It
did not include territorial will clearly appear by
the following reflections In the first place let suppose
that the constitution did not contain the grant 70 Con-
gress TO exercise exclusive legislation territory TO
be purchased for the Of government Il very OBJ
yous that such omission could not have affected the
right in Congress to establish the inferior which
embraced by The LIST section Of the 81 article othe cons
tuition that say the Of the District not in
cuaed the grant Those inferior courts always named
Ia connexon with the Supreme Court and judicial power
Is by the constitution divided between the Supreme Court
and the inferior Would Congress then without
this power Of legislation the seat OF government thus
given by the constitution have had the right By virtue Of
the eighth section Of the first article and the first section
the third article to establish courts Tor the District of
Columbia Surely NOT Where then, did Congress get the
power to establish courts for the District of Columbia
BY virtue of that extensive grant exercise exclusive
legislation all whatsoever this District Such
courts designated by the constitution. No limit
alton restriction direction by the constitution given
Congress in this legislation and the courts which Con-
grcss might establish for the District had affinity
or connection with the Supreme Court and inferior
cour provided for by the constitution. than they have to
the supreme court county Of State, or to the
Court of Kings Bench Of Great Britain The acts Of Con-
gress alone fixed that connection The original urisdio
ton Of the Supreme Court and inferior courts carved
out by the constitution did not and could not include
such courts rs might be established in such District
Congress then having this exclusive legislation this
District have by virtue of that power established several
in this Dstricta circuit court, criminal court
an orphans Now, can it be contended that Con-
grers derived -ay power 10 establish orphans court
from the first section Of the third article of the consttu
ton that any Of the judicial power contained in that
article vested in the orphans court2 If that be the case
then it is not such court the constitution desgnaes
as an inferior court The may be said of the crm
nal Congress have power establish such courts
Of this District 1t is the exclusive legislation the
District which enabled Congress create these courts
The circuit court was established by virtue Of the
power Congress- it is true conferred upon that court
very great authority but is very apparent that the judi
a power that vested in that is not granted by
the third article Of the constitution Had not Congress
granted this power by special act the would not
have possessed it, The case of Stokes Kendall in the
u Peters, fully corroborates this proposition.
As Congress then have established these courts it
abolish them The legislation unlimited and that legis
ation gives authority to repeal well to pass laws II
was bua law Of Congress established these How
Not by any constitutional provision. Congress have
peaed which established the inferior of the Uni
ted States They surely then repeal their laws which
established ia this District But it is said that the
judges have by those laws life estate in their Offices
that is say they to hold their Offices during good
behavior As regards the judges of the courts of the Dis
rct Of Columbia II has heretofore been shown that they
not the inferior judges recognised by the constitution
who by that Instrument TO hold their offices during
good behavior. They are the creations of congressional
legislation and Congress never could by this tenure have
intended to give UP part with the right repeal the
law which created the Office Let us examine this point in
reference the judges Of the Supreme Court The constr
tuition provides that they shall hold their offices during
good behavior Suppose that it considered BY the
several States lin the manner required Of them) wise and
proper abolish the Supreme Court by amendment to
the constitution 1T be asserted hat the tenure OF the
Judges could defeat such change alteration Of the
judicial system? This Of office necessarily inn
plies that the Judge shall bold II while the Office exists
The right abolish the Office in the form Of law, could
never have abandoned Congress them have the right
to repeal any law which established these courts They
can establish other Can they appoint judges in this
District for limited period The provisions OF the consttu
ton only relate the judges Of the federal courts What is
there then prevent Congress from limiting the tenure 70
ten wears They have exclusive legislation the courts
of this District They make the tenure OF office during
good behavior How is this done By the power Of legs
laon The same power would enable them TO impose any
limit or restriction the which they might
slider wise and poIitic bn, would such limitation inter
tere with the independence OF the judge2 In other words
could the Judge be removed any time BY the Executive
Who can maintain that proposition after the decision in the
case of Marbury Madison in Craneh2 Congress pro-
vded that justices Of the peace in the District Of Columbia
should hold their Offices for Ave years The Supreme Court
in the case mentioned decided that the President could not
them that they had vested interest In the Office
for five years, and independent of the Executive
What made these Justices them independent of the Execu
tivea The law which limited the Office Ave years The
Interpretation which has been given this power of
nova enables the President the officer where
time of duration il jxed the office When ii Fixed