Newspapers / The Raleigh Minerva (Raleigh, … / June 22, 1802, edition 1 / Page 1
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i -y n i, ' 1 r ' ry 'ZW ' T ' r- - -r; i- L "u vcja' 4. i-r.t .. n,.t o. .! ; -it x P.EGH.-PUBL 8HED EVERY X AJ O UA X fi i hJXJjx izt a kj I Xi-xxkh CARuKlNA MINERVA v , i - j , Tweng-Jb Shillingiper Y mt.J . t r A "T TP ji' . Off rilE 1VDICM ACT. ' , I , u - f -i.kl fr- Ohfehr'fonihe .1 WlS L to rttk. le would hue offered before it the committee, could- be have done lo, Without iiaerfcriog with oilr gkm Jitter milticA to do juftice to the lubjeft. IfThe bft exertion oi his humble taleuc., j&uld (at all time prove unequal to aiub m of fuel magnitude an the one under ;nfideiatioo; Vain indeed. ; then molt Sove the attempt after thefbjeft had flsnfo well confidered, and the ergumentB fi entirely ochaMed- : V,' , , i . , if He tad determined to expreft hia opini A try itc Wmeteif.. tie lamented nh itopulfawljich obliged him to forego that neroiioation'i an impulfe created by al- ! ';,lalion8 too direct to De miuanciu, : Hi. rttotSt for the lesriflature of the ftate rain, which he camCaUo required he (houtd . t jUin his reafon, tor, the conauct nc inouia putfue. That legiiJature had recommends. t0 tje -fcprceatativei' of ihatJhue to ote : confarajity ia thebitf 0n tbr table. Atl However grr hi "fefpc for tbat legifc fiauw however much h wa '.incjtned to obey u "quifitlooe; yet, wheo hefouud Ithat refpetl couflidiug with important du Itke when thofe lequilitiono- are oppofed AO obligation!, Jactcd obligations which Pa . J! n. A. - f.. I, - 1.4 ' iinDCiiouuy eirect i. vu"ki vwwu " , f l ji W.1.....,..J.,. . muft be;onfittentte otcd ;or the la I ptopofei to be repealed, under the full per-. ..4uaion tnat U wa expeuieDi, acrouu noi vote for the repeal, becaufe he was tqually ptrfuaded it wa inexpedient becauiChc i alAtol confiier jiimfelf authotifvd fo to , vote. He ilated that wlxn he came into Congrefa, lx came with the conviction full dnhi mind, that the juiliciaiy was a dif tinfl, important iadpodent branch of the ' government ; that to be cthrient it ought to be well organized ( that the then or ganization wa -tkfcdisfe greatly fo ' thai he knew from experience it was gieat ly defective j having been lr feveral ycar6 an officer of the Ucited States, in their e fiablifhed couw, he had an opportunity of - acquiring ihi knttwkdgt Jjyfijipcneace jl f thai to reform, of th 4hcn exiftTtg fyf. tem, the only alternative which pttieutt J Itfelf wan a, refott to the courts of the ieve. rtl Hates. CopfiJering it afolecif.it in the fvience of goveroment that one governxeut ihould intruftthe admiuiltralion of its laws, to the officers of another, over whom it - had no cootroul belkving that no refpon- fibility attached on" the Itate judiciaries, - which would oblige the:i -to perform dutiea iiiipofed on them by the general govern, ment, and knowing the 4cleufy of the ftate governments, which' had been tie jjueiitly evidenced againd an amalgamatioa of nattoual and (late auiluritie, the ne ceffuy of a refoim pr.tfented itfelf. with great force. The circuit coutt as formerly eflabliihed, were direfted to be holden hy the judges of the fupiem couit, and the diilricl judges ef their refptdive diftrifl. By this ar. rangmentfix judges weie required to ride over this vaft country twice in each year to hold courts as often in every ilate, and this in addition to the duties required of . them as judges of the fupreme i court the confequence was, that with all their exerti--otis thefc judges found . themfsivi s liiiequal ; to the petfofrr.arice of thofe duties ; and tttf." thing but a reliance on the wifJom of Gon- , grefs, which cherifhed the hripe of a tiew arrangement, rrtaii.sd them in oince. Un der that eftablifhoient the lapfe of terms ".would UBaviodabIy occuri.it did occur fre queritly, and oceafioucd 'great injury, to all concerned in the. courts. Another evil , was the want of identity, arrd the ufiiluug wajit of confiftency "of dccifion, In thole coyrtspimduaive; ef '-delays and tincer, taioties, whtchcpuld not fail to' depreciate the chaTaHet of tne'judiciaryr however up- ' light and independent the judge th;:t wai i t.u important defect aifo which allnwed the fame judge to decide an your appeal, who ' hd pronounced judgnient in your caule in the infeiior court, " 'i'hefe and "niany oilier,, important realbila whwh had been or Wglit bt Jducilffet:eeo,e'd' fus mind in favour of a reformation in the judiciary fyftera. Accorditiply in the firft, fcflion of the fixth Congrcfs, he had given hit vote for a rhore v'Onvenient orgrfflization of the feveral courts of the United States, and iu the-Rift feflbn, lie purfued the fame courfe, Adtuated by . a wiftt to promote the due adminiflration of juftice ; to elevate the charaaer of the A. merican judiciary, and to ccfmx the inde- -' ' . - ' ' ' . " .7!.- ' ' :.- a . ' "' r---x - ' ; -. . T U E.S D A nMiArnr :t th iuiiirsa. at the IltCEUatO .", . ... l ' N (WfiftUutifftt,'. he had Juvrubly giteo fupport WtheUwpropofedw be repealed Jl t be. expedient, h, w fatisfied it was conftuutiotial he Kill baa the fame impi tflions, and when he added, that not a doubt cxifted in his mind, that a violation of the coutlitution . is involved in the propofed repeal j he (hould bejufti fied in voting as he mould vote on the pre fefltloccafinn. 'But, fir, it is faid that the conttitation hat already been violated ? that the law ptopofedto be repealed violated the conliituuon 5 that this affcrtion was ground lels. Mr. H. apprehends J had bete, clear' ly .deroonft rated. But fnppofc it was fafl, would thatjuftify a fecond violation? he knew that in fame language! it wai taught that to negatives make one affirmative ; but he had yet to learn the, principles iu moials which eftablifhes that two wrongs mike, one tight. If gentlemen icaKy be lieve that .the couftitution has been violated, Jetjt be to them an example to deter Jet. us units our efforts to htsl the wound, atnl join in deprecating the attempt that would enlarge it. Bat how has the con(litui.ioa been violated i By detaching, it is faid, from the judges of the fupreme court and the diflrict judges, "the right of holding the circuit courts j It t us examine this. It will bi rtcolIeeVd, that previofls to the Ijw cf la 4. fvlfforikthtrc a lifcCi'tcuit fudge dfeef '-If the TctttOtourt w.-re impofed on the judges pf the itipreme court and the di.lrift judges : to relieve thofe judges from this inn pud t ion, was one ohjeel of this law ; another ohjeft was to make an arrangement tlwt fhnuld not require the j'idges. to perform guater duties than ihej were able to perforin"' " It is not a ilrange duClrirre, thar the li fp'nlng the buithene of ufficf, the ''diminution of the duties rtquir ed tin be peifoiniifd by a judgV, fhould be coiifrftred as an in'rart ion of his rights? But the lail law impo'ed on the judges o t her duties which might be coMicred in; liv'Uof (ome of thofe, from the performance of which they wire relieved ; for inftonce, by certain provjflouj in the law, the Judge j ol Ni Carolioa jifln'c is iequiiedtto hold r uihe diitrict courts tn each year, and at three different places in the ditlnCt 5 prcvioufly he held but four'.difln'c courts, and thofe in the fame place ; that judge might have f ippoftd himfelf aggrieved, by thtfe.provi tiohsof that law : but it hau not teen fug,;, gelUd that he confidered hi rights infiing rd by. being relieved from 'at her duties.7 A he as iiillrumental in making this ar rugciheutr a to the courts of that ditlik'l, Mr. H. hoped, lie might be indulge:! in ex plsi:(:ng the teafonS which: had induced him to think thefe proviuons nectliry, tt tid t the law on the table went .:i!i?in;. peal, '.'lie. (hould not be confideied out (if order. The State of North-Carolina has an irhmenfe extent of fea coaft. The chief f?a;orts are ILcltutnr,. Ntwhcru and Wil mington. The firlt and Jatt are a the dillance of two hundred miles frcm each other ; Newbei u fcbout too miles from tch. .The, rtfid$nce of the Judge is in the intcii, or of the country, near 200 rr.iies firh Wilmington, the place of molt trade, and about ore hundred mi.'cs from, the otlict porta The objefts 'of the , jurifdiclian of the diftriift coui te are chi8v- catifcs of ;d 1 , 1-, ; ii. n:ui:y aim .manuci; juruuiaioa. 1 court, to be tifeful and convenient couiJ only be tur.de fo, byjjitngiiig the. judge, at I'.xed periods of tine, to the. commercial point C hi tiitlriia.. LlThe. diffteidiy of in, ilitiitniir a tint 111 the diltria coilit o! Narih Ca.oIi.SV and'ihr Tnconvenivpce 0f attending it there, amounted neatly to. a prohibition of the procefs of individuals : And Mr. H, faid he kn'-w demands had been rclinquilhcd and decUred abandoned, 'rather than encounter thefe obllacles. For theferearona, be provifions on this fufcjcctt were. Introduced . into the lad law, at his mo.ioii. And although much benefit may ..not yet have been experienced by the new arrangement,' he -had no. doubt that great advauiEge would rcfulf therefrom eventual ly j he rbrcd, that he lud been informed, to a I at F 'if "rm -irt'tmeyof thote cout is, - near thirty fuits had becu returned He was thus furuiihed witlr another rea Ton ogaitill the paltage of the bill on the ta ble ; to an amendment which would retain the benefit of thefe provifions of the Jail law was inhibited, by the confideration that the impofition of duty would thereby be too great on the judge of that diftrt, who will havethe duties of the ciicuit court a gain impofed on him, Mr. H. had liftcn- j ; YJfoNE a. 1802. e vrlth great attentioo ajid weighed with dpe deliberation all the arguments which hkff beep Ottered on trijs important quelti 00 hit conviction fcf the inexpediency and noconftitutionali'ty of -the propofed repcaF was thereby ehfor ctd When be found the beft argument, the; one rnoft relied on by the idvocates of the repeal, on the confti totirjnal point; waa'deiived from adiftio&i on, k 1 fancied diltindion ; a diftinflion withknta diffetence, between the removal of a Wge fromjfjfficc and the taking away the qfike of a judge i when it is acknow ledged on all bauds, that we have no power t rariove thajnde fro.ro the toffice ; .yet it is held that the thing may be effc&ed by takijg the office fiorn the judge he muft be eicufed in dedating his belief, that fuch argurnents, atializc or examine them as you wiHj whether oppofed by ' boyt" or con tefied by men, would alike be found to be bfN'taaowa' indeed jle confidered the judicial power, of the United States as a veiled power ; apower vefleiJ'Td the jldge cbiiUilusidnally appoiot ! ed i't it is vetted by the conliitution and caniiut be taken away by law. It was Veil ed! by the people in the majefty of their power, and cannot be divtftcii Ly niiy pow er iiifctiot to that of the people, in the ex cicifif of their fovereigot j . .. 'fhe conftittition dcclaies tint ihe j j diciuf power, fhall be vtflid in ene fuprtme court and in lur.h inierior ccuits as Ltti grefl may from time to time ordain and eltabhflj." The conliitution ariangts the different blanches of government to each department a diitindt articic is at.proprut rd, vt'fting' power and dtfising iis limita liop. By the full article the l.giflatiye power is veiled in the Congrefs ui'llit U nital States, -fuhjeel t) a limited vetv 'file Prldent. By tlu fWoi;d article the ex ctuive powcr'.is'Vcfted i.j the Puiiuei.t of thefUnited S:a!c; i and the thiid ar.icle villa the judicial pow-.-r in the judges nf the Uifted States, who " Ihall Lolct. thiir uf hcei during griwl htlwvir.urr and- ft.all At 4laitd ti'nes receive for their ffrvic- a tosii peiifitioii which (hall not be dim in ill, t iur- -wgStbeW coiiriMiiincc in '.fiicT.f' Th' three branches trovernmeat arc tTTui nSaJe difliDcl and iudtpendeiu-of each oti tr. By what eutherity if it that one or two de partments can pu: d o r he third' depart, ment f Wficre is ni be found ; is ii found by cjtiftruifiion I The ronflruftion makes, it as competent for thiX judgt-s ar-ri l l e lc gifjatite 1,0 di'dite iheyJiave th? J light t,y (livcltthe Preltdent of the eecu!ive power, as tliciltgiflaltire or the txccVive or both, to dulare they have the I'ghtVo diveft the judgeiof the judicial powe. -I b his h ind it appeared clear and certain that nuTcch ligl.t us the one claimed did cxill. The members of both branches of the lr'md jtliri" Writ tlifl Pi, fi,ttif ar'r ly vitcieoj auu tneir coiiiinuancc in. oiucc limited and defined by the conftituu'011 ; they depend on the peopk in the exercifc of iheir deceive franchife for th-rir cunti iii.ance" io office. The judges v.ho tie to hold their offices fo long as they behave, well depend 00 Cod and their of co.iduii for.,;thek continuance in office. r - 41 The judges fha.Il hold" What ? " Their offices'' fays the conliitution. How then can the - atTertion he 'fii!!a!ued that the conliitution is not infringed, !ieu that is taken from the" judge which - the conliitution dechrrj; the jad e fb-dl hold ? Has not" the taking the cities; from the jtidt'e preciicly the fame opera tioi as the 1.. ..1 n. . .1 . 1 .1 - ' removal of tliejudfe' from ths"6&ic" ? Sure WiriitKW:a'i Is not tueoU.e ontravcneJ by the one as the other pro cedurt ? The framei s of the cohilitutidd appear to have heetii.aloii8, anxiouliy jea lous of an inteiference with ,fhe indfpen deucy of the judges: not Satisfied with guarding them from a direft tempval from office, thev cndeavouiedto provide aeainft indie6l meins whereby the removal mighv be effected, hence the piovlTion. which for bids a limitation of the fjlary of a judge. But', fay gentlemen, compt-nfatio!) has re litiun 10 lexvicts fo intirrtate, that uuhfs one is pciformed the other fhall not be paid, that when the office i: abolifhed, no fervie- ?a can be iter formed : conftquently no com- penfation is df mandable.-and thus the dif ficulty is avoided.- This to be Aire is mnft convenient' kind - of cafuillry ; an ar gumetit BOt to beifTard in this houfe. ; lob tfrfuues which could not fail tp attach dif- erace on tadividuals furely niulHe unwor- J thy goveiuraent, iv w - ". " -" - -.- ----- - ' : - , k 4 lr Vol, ML.pvmi, . , ' . 'j Vol, VIL JPvk&W gumeu smount to- Doe it araouot to more than this i (afjied Mr. H.) I engage . a man for a llipiilated fum to perform for me a certain feivJccand.; while iu purfu- " aoce of his cootraci he is engaged in the work, in order to .avoid the, payment of the fum ftipulatcd, I difable him from per forming the fervicewould , this be war rantable, iould I jullify it ? Moft unquef. tionabJyno. It is of 'the, higheft import- ance the judges fhould be independent : 0 they arc Inteitde to ftand between the le giflature and the conliitution, between the government and the people, they arc in tended to check the legiflature. Should the legiflatU re fur mount the barrier of the conftitution, it is the duty of the judges to hrinn ir Ksxlr ...Iit,; .U- ...ll.L 1.' ' -fa niiinu uuuiiu wuiku li mit its powrr: Were they not indepehd ent, would they be equal to fhit duty ? ., -Could they perform it date they perform it, if on the legiflature they were dependent ? But, it is fald with a government of ref ponfibilities like ours, the uncontroulable ' PP er f the jur'gcj is incompatible. . Sir, " . no fuch power is claimed for Tlie judges t iheir office and duty is to prevent the ex eicife of uhauthurifed power ; they are not ,, without ufpocfibility they mav be con- jjrouled the ccQflitutiun provides the meant. The tenuie of their office, is their . good behaviour when that ceafes, their term expires & whether they behave well" ' or III, ie. not for them, but the legifluture to ju ige unci decide. And here is the .conlli U ttoiial check on tie judges ; this houfe may impeach, and the fenatc tjejS from 'bffke'a judge. If he behaves ilC a judge may thus He lemovcd, and the legiflature is icllraiiicd (n m an UnwaruntaLle ufe of this power Ly its own refponfiUlits. Mr. ,H. himfilf was without a dcubV cn the conflitutioiui point hi (jucftion. Much had bttn iaiJ concctnidg the man.' net in which the law propofed to be icpeal ed hiid bteii pafftd. A gentleman"from '. ' Virginia (Mr. Gilts) who had txcnNip ear ly iii,Ttht debate, had takrn nccafion to ine,n;iurby nan.e ceitaiti fenatots, ar.il al- tedjjed that their votes carried this law. A jcteunet.e lothe joumaTtjf tSe day, would ' flrowie crrt;Tbrthirwt jitntltman mt?.t!t to inggeft, that the votes of thofe lenators would have been the ic- veite of what they were, tut for the prof- ptti of their rubfequent appointments. He would not lui pole the renthman intended this. It vvould Le attatbing on the cha- radter of tliofe iefiatoi rr,3fire .too cor- tupt for that gentit'iria'f fo charge on others ui tr,eir tbltute. I he hmc gtntlcauiii wulrgte2t errphefis has maikrd the time when the Pri-fidcntial approbation of fliis law was-tnnodnced to this houfe," the 13th day of February when this houfe was en gaged in the choice of Prefidtnt ! And thett the gentleman directs his attention to the circtimftancc of forhe of the members pf this tlouteuemg afterwards appointed to crhce. As to the lime when this'epprobation was anodiined, whether combined or not with the . circumflance cf the fubkquent ap potntnTehu, Mr. H. declared his incapacity" " to t1 jfcover hat impicffion the gentleman thett by intended to make. lie cctild not have fuppofed ii had any influence on the ' pa flag e of the bi!r,. for that was a tetrefpec t i v, e relation, v-hitlfeould not ex ill . Did' the gcr,ilean mean to fuggeft, it had, or was intendt-d' to have any iiiflutnee en the : pending tl.-disti ? This a iuggellion .unfounded, . Wheufore vfvie thofe a p. C!iitnici:t3 mentioned ? Did-the "gentle mari rrteacr -to fugged that the-ihfmbersof thii, Hoiife'who were. diflinguilhedxb.y the PitJidcnt in his ; fubftquent jioinications, iT-cre ciu .!-.d by the profpect or prcttvifa ofluch appointmcBts ? He was unwilling, to l.'elieve he gentleman did fucli afug-x geftion would be unworthy ' any roan who did. not fi't! himfcli liable to be aftuitedby fuch niotivts and Ihould fuch fuggtfliba be made, exilling ffls woo.ld not fuftain it the conduct of the members alludedjo, would prove it to be grputidlefs, and the mioiity in this Hcufe on that occafion, wat too decided tor countenance -a belief, that Inch means could be rjeceflaty. C) t h eTlri Frnhi Y s 0 nTt h i i"ah d o t h it occa lioi)8,hadvindermken to make their allufi ons, to txpi:fs their" iiriinuatioiis on the fulj.ea of thefe appointments ; dilcovering a difpofi'tion to sfcribe imptoptr motives to gentlemen on this floor. Mr. jrf. faid for his part he was no motive monger, andaltho' gentlemen differed from hirrt in political feiitiments, he was inclined to appte'ttate (For a concluficn fee loj page) - : I v, J I,". It. 1 ll. . 1 i'l i
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 22, 1802, edition 1
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