The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-17
A GREAT SPEECH.
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eral points against the constitution
ality Of the repeating bill, all Of
which were taken up by Williams
seriatim ana IuIIy answered. re-
gret that I can not conveniently in
sert this great speech in my remarks
on this occasion. Those who wish to
examine it will find it reported In
the Annals Of Congress for February
16, 1902, at pages 530-533. I.would
Philip R. Thompson. Of Virginia,
made in reply to Henderson on the
following day (ib., p. 547).
There were great debates in both
Houses of Congress on this bill re-
pealing the act Of 1901. by which the
John Adams circuit courts were es-
tablished; and it was finally passed;
thus proving the right Of Congress
to deprive judges Of all judicial pow
or.
At the next session of Congress,
on January 81, 1903, the deposed
judges presented petitions in which
they said:
That, by an act Of Congress, pass
ed on the 18th day of February,
1901, entitled IAN act for the more
convenient organization of the Courts
of the United States," certain judi
cial offices were created, and courts
established, called circuit courts Of
the United States, the petitioners be-
came vested with the Offices SO Great
ed, and received commissions, au-
thorizing them to hold the same,
with the emoluments thereunto ap-
pertaining during their good behav-
ior; that, during the last session, an
act of Congress passed, by which the
aforementioned law was declared
to be repealed, since which no law
has been made for assigning to the
petitioners the execution Of any ju-
dicial function, nor has any provis-
ion been made for the payment of
their stipulated compensations; that
under these circumstances, and find
ing it expressly declared in the Con-
stitution of the United States that
"the judges both of the Supreme and
inferior courts shall hold their off,
ces during good behavior, and shall,
at stated times, receive for their SER
vices a compensation which shall not
be diminished during their contin-
uance in Office" the petitioners are
compelled to represent it as their
opinion, that the rights secured to
them by the Constitution, as MEM
bers of the judicial department, have
been impaired; that, with this SIN
cere conviction and Influenced by a
sense of public duty, they most re-
spectfully request Of Congress to re-
view the existing laws, which re-
spect the Offices in question, and to
define the duties to be prformed by
the ptitioners, by such provision as
shall be consistent with the Consti-
tuition and the convenient admins
tration Of JUSTICE" that, "the right
of the petitioners to their compensa-
tions, they sincerely believe to be
secured by the Constitution, notwith-
standing and modification OF the jul
dicial department, which, in the opin-
ion of Congress, public convenience
may recommend; this right, however,
involving a personal interest, Will
cheerfully be submitted to judicial
examination and decision in such
manner as the wisdom and impartial
ity Of Congress may prescribe; that
Judges should not be deprived Of
their offices or compensations, with
out misbehavior, appears to the pc
titioners, to be among the first and
and best established principles of
the American Constitution; and, in
the various reforms they have un-
dergone, it has been preserved and
guarded with increased solicitude;
that, on this basis, the Constitution
of the United States has laid the
foundation of the judicial depart
ment, and expressed its meaning in
terms equally plain and peremp-
tory" that, "this being the delib-
crate and solemn opinion of the PEI
titIoners, the duty Of their stations
REQUIRES that they should express it
to the legislativs body. They regret
the necessity which compels them to
make the representation; and they
conflde that it will be attributed to
a conviction that they ought not,
voluntarily, to surrender rights and
authorities intrusted to their pro-
lection, not for their personal ad-