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CONGRESS; Housfof ; Representatives , Fmdav, March to. -Delate on1 the bill received frmthe Senate, entitled : An A3 to uncertain atti refiea. ing the organization of the courtt oJ tb United States" . - (Mr. Ba rAKD'i Speech tonchiel) . I beg that it wiH be underftood, that 1 mean to give no opinion as .to' the .egul ar i.v of granting a commiffion for a jdtcuF ce.Upo" the probabilitf of. ncn htfort it is aaoiUy vacant. - But Wh allowed to fay, that fo much doubt attend! the point, that an innocent ftiftake might be made on the fubje&r I believe, fir, it 'has heen the preaice to confider the ac ceptanee of an office, as jeladnf to the .daieof the commiffion. The officer is allowed his fafarjr from that iate, upo the principle that tommiffion Iaa gffnt;oI the effi-e, and the1 title commend! with the date of the grant. Thia principle i. cer. ta nly liable to abufe; but where (here was a fufpician of abufe, I prefume tht govern ment would depart from it. . Admitting the office to pafs by the commiffion, and the acceptance to relate to ita dats; it then does not appear very incontea in he cafe of a commiffion. for the office of a circuit iude, granted toadiftruft judge, ai rhe ac ceptanee of the commiffion for the former office lelates to the date of the commilfian, to cinfider the latter office as vacait from the fame time. The offices are incompati ble.5 You cannot fuppofe the fameperfou in both office at the fame time. Ftom the moment,- therefore, -that yoMjcJifidei the office of circuit'itfdge filled by a per foo who holds the?tkmmiffion of i-iitiift judge, you muft confider the office of dif tria judge a vacated!. The grat lYcon tingent. .1 the contingency happen, the ..fla from the da. e of the commif fion j ;f the contingency docs not happcrr; the grant .., void, . If this reafoniog be !t ui a a not irreeular in the late ad tninSHiation, rftef granting a commiffion to a diftria judge .for the place of a circuit ;Aar. in male a crant of the ' office of the diftria judge, upon the contingency of his , rr t ': .. 1..J - 1 accepting toe enicc oi tutuu juugc,. now return, fir. to that point of the charge which was petfonal in its nature, and of in fin;lvthe mouUferiouainiu&rU,J.Ua-a i to j . -m a hzfctr 'an to which we can only afk. it it truer It it be true, it cannot oe cxeuteoj it cannot be palliated ; it is vile profligate corruption, which eveiy hotieft mind will -' v , ' execrate. But, fir, we' arc "nortrtflir- demn till we have evidence of the fad. If the offence be feripus, the proof ought to be plenary. I will connaer me evidence oi ,Vi. faA. iihon which the honorable mtrr.hcr haa relied, and I will (hew him, hy the ap plication of it tor a Hronger cafe, that it is of a nature to prove nothing. '..'.'' Let me "tuft ftate the principal cafe. Two gentlemen of the fVnate, Mr. Read -of South Carolina, and "Mr. Green of Rhode-Ifland, who voted, in favor of the Jaw of laft feffion, each received .an ap pointment to the . place of diftria judge, which was detigned to be .vacated by the promotion of the diftria judge to the office of ciicuit judge, . The geriilemanconvey, td to usa ditlincl impreffion of his opinion, that there was an underwanding between thefe"'efltemenand thefPrelidcnty'and that the, offices were the prom -fed price of .. their vdtes. v. '.. L prefume, fir, the gentleman will have more charity, in the cafe 'which I am a bout to mention, and he Will for once ad mit that public Men ought not to be con demned upon ihe loofe concliifioii3 drawn fibm equivocal prefumptiona ' :' The cafe, fir, to which I refer, carries me once more to the fee ne of the Prefidential . eleaion. 1 fhould not have introduced it lntt rKifl dhar ' Viarf it nA, t.-n tm v, . - ..w uvv. wu.ifcu by the honorable member from Viaginia lLtALfne I Jiady part, itwasa part not barren of incident, and which has left .sxn ioipreffion which cannot ealily depart from my recelleAion. ' I know who were rndeYed important charafl,er, either from the paff fJion of perfonal . means,' r from 1 the accident of political fituatmn. 1 And notv, fir. let me afk the honorable member,' What his rt flcaioD8 ad belief will be, when he obfetves, that eveiy man on whofe vote the evtnt ol the eleftion hung, has fince hftii' dittirigiiifhe! by Piefideotiat favor. I fear, fir, 1 fli ill violate the rfefotum of (parliamtiitary iioceeding in the mention ing of names, but I hope the example which Uoi been let me wm De aamntea cufe. Mr. Cfcarles Pinckney, of South- Carol! ha, wa not a member of the noufe, k tio'aza nni rf the mnfl ftiet efficient ' and fuccelsful promoteira of the eleaion of ,K r.'rfrn, rll'imF mJ(T,'ft ra tf ." - ItWaS Well ! afcertained,' that the votes of South-Caro- lina were to turn the equal balance of the fcales. The-zeal and induflry of Mr, Pinckney had po-bound. The doubtful politics of South-Carolina were decided, and her vptes thrown into tne icaie ot wir. T,ff,,rrtn Mr. Pincknev has fince been appointed minifter plenipc-tentiary to the. court of Madrid. An appointment as high tM v 4' "li kliM nlCt nct hpnoraoic .ai ft,y "''"" s'11" the executive. I win not aeny mat ini preferment is the reward of talents and fcr atiWnhoh. fir. I have never yet heard of he talents or fervicea of Mr. Charlet tives, 1 knovr wtiat waa the value of the vote of Mr. Claiborne, of Teiineffee. The vote of a (late was in his hands. Mr. Clai borne has fince been raifed to the high dig nity of governor ot the MUHiuppi territory. I know how great, and how greatly felt, was the. importance of the vote of Mr. T inn nf'Kp. Vri'evi - The delecation of the date confifts f five members ; two of th delegation were decidedly for Mr. Jct4 terfon, two were d:?idedly for Mr. Burr Mr. Linn was coufidered as inclining to one fide, but Hill dnubtful. Both paities looked up to him for the vote nf New Jer: fey. He gave it to Mr. jstterioo, ancair. Linn has fince had the profitable office of fupervifor of the diilrift conferred upon him. Mr, .by on, ot v crmpur, was in iuu in (lance an impojunt man- He neutral lifed the "Vote of Vermont. His abfence a- lone would have given the vote ofailatc to Mr. Burr. It was too much to give an office to Mr. Lyon hia charar was too. low. But Mr. Lyon'afon has been hand fomely provided for in one of the executive offices. I fliall add to ;the catalogue but the name of one thorf genttfinin,' Mf, Ed ward LivingRon, of New Yotk." I knew well, full well I knew, the confequence of this gentleman. His means'1 were not li rtiittcd to hit own vote nay, I always con fider ed more than the vote of New-Voik within his power. Mr. Living Hon haa been made the attorney for the dillria of :.gw York tlie load ot. preferment haa been opened to him and his brother hit been raifed to thi diflinguifhed place pf minifter plenipotentiary to the French re public. This catalogue might be fuelled lOBa mu;h greater magnitude ; but i fear, Mr. Chairman, were I to proceed further, it might be fiippoftd that I inyfelf harbor, cd unchaiitable fuCpicions of the-inte-grity ot the chief mfgiftrate, and of the pu rity of the gentleniciJ whom he thought proper to promote, which it is my defign alone to 'batiifh from the mind of the ho norable niejiiibeJjxmi Virginia. Jt would be doing me );rat Itjuftice to ftippcfe, that I have thcfinallefl-dtlue, or have had the remoteft intention to tatnifh the fame of the prefent chief magiftrate ; or of any of the honorable gentlemen who have been the objects of his' favor, by the (latement which I have made. My motive is of an loppofite nature. The late Piefident ap pointed gentlemen to office, to wham he owed no perfonal obligations, but who on ly fuppOfted what has been confidered as a favorite meafure. This has been afTumed as a fufficieni gmund, not only offufpici on,but ofxDndemnation. The prefent ex ecutiveVTeaving fcarcely an exception, has appointed to office, or has by accident in direftly gratified every man who had any diflinguifhed means in the competition for the Prefidential office, of, deciding the elec tion in his favof. Yet, fiCall this fui nifti es too teeble a pitfumption to warrant me to exptefs a fufpicion of the integrity of a great officer, or of the probity of honor able men, in the difcharge of the high func tiana whichlbey jiaideriyeifrpmlhtcori fidence of their country. " I am fure, fir. in this cafe, the honorable member from Vir ginia isas exempt from "Jiy fufpition as myrel'f. And I (hall have accomplifhed ray 'whole pbjecirffif Wndjuce that bonora ble membet, and othef ,nembe''o"f.'.the committee, who entertain his fufpicions as to the condua pf the late executive, to review the ground of thofe fufpicions, and to confider, that ir. a cafe filriufhing much ftidnger ground for the preemption of criminality, they have an unuiaken belief, an.btibtoktn confidence in the purity and faimefs of the executive condud. J -1 return again to the fuhjed before the committee, from the unpleafant digreffion to which I Was forced to fubmit, io order o:repel infinuatiotis which were calculated to have the wot ft effea,' as well abroad as within the walls of this houfe. I fhall now curforily advert to fome arguments of mi nor importance, which are fuppofed to have: Tome weight by "gentlemen on the other fide. It is faid, that if the courts are fanc "tuariea and the judges cannot be removed .fcjf Jaw, it would be in the power of a party to create A lioft of them to live as penfion ,tttf on the Country. ' This argument ispre ttlira ted upon an extreme abufe of power, whichcan fiever fairly be urged to rcftiain tfie ligimate exeitife of it ; as well might it.be urged, that a Tubfequent congrefs had a Tight to reduce the falary of a judgedor of the Prefidcnt, fixed by a former con. "gfefs,'becaufej if jh? tigbt did not extft, oue .congrcis mignt conrer a laiary or jco.cco or 1, coo. coo dollars, to the im poveriflimentcfthe country. It will be tfoie enough to decide upon t.hefe extreme Cafes when they occur. We are told, that the doctrine we contend for, enables one legiflaturc to derogate from the power of another. That it attributes to a former n power which it denies to a fubftcjuent le giflature. Thibisnot correfl. We admit, that this congrefs poflcfils all the power pofieff ed by the Uft congrefs. That ccujjjTefs had a power to cfiabiifh courts, fo bas the prefent.' That congrefs had not, nor did' it claim the power to abolifh the ofike.of a judge while it was fiued. Though they ttioQgfit five judges under the new1 fyflem fiiffiucrit to con ft it Bte tRe'Toptewut'tr t'ley did aot attempt to touch the office of either oftheJIx judges. Though they con fidersd it more coriyeniefit to have circuit jidges in Kentucky and TenucfTec, than difitiA judg:B, they did not Ly their hands up'pn the offices of the diftrict j idgcs We therefore deny no power to this congrefs hictrwa dented Taihe laftAtt hanorrr- ble tihembef Iro'rii Virginia, (Mr, Thomfen) ferioufly exprelTed his alarm, left the prin ciples we contend for, fhoulJ introduce in to the country a privileged "order cf men. The idea of gentlemen lo'jfpofea,- shat ve ry office not at will, tftablifliL's a privileg ed oidcr. The judgta have their offices fur one tetm i the Prcfideort. the fenatorr and tlie members of this hcufe for, ditfer ent terms. While thefe terms endure, thtre is a privilege to hold the yiaces, ?nd no power exifta .to remove. It this be what the gentleman means by a privileged order, and he agrees, that the Prefident, the Senators and the Members, of this Hufe belong to privileged orders, 1 (hall give myfelf no trouble to deny, that tht judges fall under the fame defcription ; anr! 1 believe, that the i entleman will find it difficult to (hew, that in asy-other mr nner they are privileged. I dii! riot fuppoft, that .this argument was fo much acidicffcd to the underflandings of gentlemen upon this floor, 08 to the prejudices and paffions of people out of doorsT ' " It was urged with fome imprtffin by the honorable member trom Virginia, io whom 1 lad referred, that the pofuion that the office of a . judge eight be taken from him by law, was not anew uoct I we. I nat it was eSablifhcd by the vefy a& now de' figned to be repealed which was defer ibed : in glowing language to have infiidied a gaping wound on the conflitution, and tu hav e ttained with its blood the pages of oUr (latute book tt fhall be tny tallc, fir, to clofe this gaping wound, and to wafh from the pages of our flatuK-feiOok, the blood with which they were ftainejl. It will be anleafy tafk to fhew to you lhej:onlituti on without a wound, and the .iatute book without a flain. v . It is. fir,-the J7th fec-of the bill of the lad feffion, which -the honorable member confideri as having infliaed the ghaftly wound on the conflitution, of which he has fo feelingly fpokenV1 That fcclion aboliih es the ancient circuit courts. -But, fir, have we contended, or has the. gentleman (hewn, that the conftitultion prohibits the abolition of a court whei you. do uot mate rially sffea or M any degree impaTr; the in. dependence of a judges A court i j'notlling more than a place wDere a judge is direa. td'to1 difcharge xertaio duties. , There is oo doubt, you may ereft a new court and dirt ft it to be holden by the judges of the fupreme or of the diftricY courts. And if it fliould afurwardibeyour pleafure to abo- lifh that COUrt. it cannnt hp f!,l ,1... ; a. -------- - - iuul yon deftroy the offices of the judges by whom it was appointed that the court' fhould be holden. . ., " , - Thus it was direcled by the original ju. dicial la.W, that a circuit court fhould b holden "at York-Towo, io the diftria of Pennfylvania. This court was afterwarda abolifhed, but ft was never imagined that the office of any judge Was affefted. Let , me fuppsfe that'a ftate is divided into two diftrifis, and diflria courts eflablifficd lit each, but-that 'one judge is appointed b? law to difcharge the judicial duties in both '.. Courts. . . The 'arrangement is afterwards .found inconvenient, and one of the count is aboliflied. In this cafe, will it be faid, that the office of the judge is deflroyed, or -his independence affeae i The Wfor, into which gentlemen have fallen on this fubjea, has arileq from their; taking for granted, wM theyaviS not' aitttsixptc to prw and .what 'ctnn'ot be. Xupported - That the office of a judge end-any court in which he officiates are-th;t fame iking. It is mod :lear, that a judge-may be authorifed and direaed to perform duties in feveral courts, and that the difcharging him from the per formance of duty in one f thofe courts, cannot be dcemtd ab infringement of hia office The cafe of the late circuit courts as plainly illuftrates rhe arginnent, apd ss concluQitly dtmbnflat.s its ccireftncfs, as any cafe which Can be put. There were not nomically any judg:s of th;: ciicuit Court. The court was dirked to be holden by the judges of the fupreme.and of the diftrid courts The judges of thtfe two courts were aiTociated and direded to 'perfoFoTcrtain'ttt ie f' when afTociated and in the performance of thof duties, they were denominated the circait court This court is abo'ifhed t the only Confequence is, that the judges of the tvrerne and dif triav,oi5rtsald,lffcflirg,d forh tlie per formance' of 'Aft jciit)t duties' which were preyioufly impofod upon the'm Bu'is the office of oile judge of the fupreme, or of h'r-tftfttid' conrta-riiifrtBg?J-r"Can".Br"" judge fay, in confequence; '-lot ihf abolition oft be ciicuit courts, I no longer hold my office duiing goo'd behaviour? On this poit it was further alle'dgeVl" by the fame .Jmurabk'AejibeiauliyeJaw .of. the L& fiffion itifliad another wound un'tl.c con Ifiiutiooj by aboiifliirg the dillria courts . liLu ? I e,IDl Lei toe gen.j'.j ilr'iian wj'rheie deceived by-the fame fal lacy w hich mifl'td him on the fii jttl of the circuit courts. If he. will give hirnfclf th ' trouble of carefully rtVi'ewirfg the provi Gons cf the law, he will difterh the fedu qua attenUoh of the legiflatu'e to avoid the infringement of the offices 0f. thofe judges. I believe the gentlemaowtnt fo far as to cliarge "us with appointing by law thofe judges .to new offices. The law referred to, tllablifhes acircuit, coroprehendirig Kentucky, TennejTee and the diflfia of Ohio. The.du;iea of the Court of this circuit are direO'ed to be per lorrned by a ciicuit judge and thetvto dif. trift judges of Kentucky and Tenneffce. Surely it is competent lor the legiflature to create a courc anJ ip,. direct thaur fhall be holden by any of the exilling judges..; If the legifiatiirt had done, with tefpeft "to all the diftria judges, "what they, have done wiili rrfpccVi to thpfe of Kentucky and " Tenoeft";e, I am quite certain, that I the prefent oliieainn would have appeared en tirely groutidMs. Had they direded, that all the circuit courts fhould be held by the refpeiftive jiulprs within the circuits, gen tlemen. ' would have clearly feen, that this waa only an i m pofi'fio ii " q f a n e w d u ' y and f.dt an appointment to a hew'bflice. It wi lbe recolka, that tinder the old eflablifhment, the dillria. judges of Ken tucky and Teuneffte Were jinveiled general ly, with the- powers of the cireiuit judges. The ancient powers of thofe judges are fcatxtly varied by the late law, and the amount of the change is, that they ate di rected to cxercife thofe powets in a court formcjjy called a dillria, but cow a cir cuit court, and at other places than thofe to . which they were formerly , confined. But the dillria judge nominally remains, his office both nominally and fubflantially f sifts, and he holds it now as-he, did before, gltffiiig good-' behaviour. : "I 'will refer gen demen to different provifions in the . hue law which will (hew beyond denial, that the legiflature carefully and pointedly avoid ed the aft of abolifiiing the cfect of thofe judges. . - ' .ylFor a tancluion fee lajl page. )
The Raleigh Minerva (Raleigh, N.C.)
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April 26, 1802, edition 1
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