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About Augusta herald. (Augusta [Ga.]) 1799-1822 | View Entire Issue (Feb. 3, 1802)
S E NATE OF THE UNITED STATES. JUDICIARY ESTABLISHMENT. Mr. Jonas Mason, of Massachusetts, laid it would be agreed to on all hands that this was one of the most important ques tions that ever came before a legiftature. Were he not of this opinion he would not have risen to offer his sentiments. But he felt so deep an interest in the question, and from the refpsdt which he entertained for the diftrift of the country he represented, he deemed it his duty to meet the fubjedt, and not be fatisfied with giving to it his silent negative. It was well known, and he prefutned would be readily agreed to, that no people on earth for the last twenty-four years, had been so much in the habit of forming fvf tems of government as the people of the United States. Nor had any people been so fortunately situated for cool and corre£f deliberation. In the confti'.utions they had formed, it would appear that there had been an uni form concurrence in the establishment of one great prominent feature. That the legislative, the executive and thejuJicial should form the three great departments of government,and that they fhouldbe diftimft ffo n and independent ot each other. And the more the proceedings and sentiments of the people were examined, the more clearly would it appear that all the new and additional checks bad been applied to adjust the relative weakness or strength of the several departments of Government. The fame principle had been observed in the old world, whenever an opportunity presented for forming a constitution, hav-. ing for its objeft, the protection of indi vidual rights. It accorded too with the nnifor n opinions of the most celebrated hi ft »rians and politicians in Europe and America; with the opinions and practices of all our legislatures. Nor had Mr. Ma son ever heard any one hardy enough to deny the propriety of its observance. He well recollected that among the great grievances, which had roofed us into an aflertion ‘>f our independence of England, it was declared in the inltrument aliening that independence “ that the crown had the appointment of judges dependent on its will and favor.” From all these circnmftanres he conclu d'd that the people of America, when they formed a system for their federal govern ment, intended to efltabNlh this great prin ciple» and the conclusion would be con firmed by an examination of the con (lit u tion, which in every fedliou recognized or refered to it. The constitution, in the conftru&ion of the executive, legislative, and judiciary departments, had afligned to each a differ ent tenure. The President was chosen for four years; the Senate for fix years, fubjeft to a preferibed rotation bienially ; the Houle of Reprcfentatives for two years; and the judiciary during.good hehaviour. It lays to the President, at the expiration of every four years, you lh ill revert to the charafter of a private citizen, however splendid vour talents or conspicuous your virtue. Why ? Because we have assigned to you powers which it is dangerous to ex ercise. You have the power of creating offices and officers. You have preroga tives. The temptation to an abuse of your power is great. Such has been the uni for n experience of ages. The constitu tion holds the fame language to the Senate and floufe of Reprefe.itatives : —-It lavs, it is necessary for the good of focietv that you alio should revert at Ihort periods to the mils of the peo >le, because to you are consigned the most important duties ol government, and because you hold the curie firings of the nation. To the Judiciary : whit is the language applied to them ? The judges are not ap pointed for two, four, or anv given num ber of years; but thev hold their appoint ments for life unless thev milbehave them selves. Why ? For this reason. They are not the* J-.yofit tries of *he high prero gatives of govern nent. T lev neither ap point to office, or hold the pnrfe-ftrings of the coumrv, or leg’fl ite for it. They depend entirely upon their talents, which is all thev have to recom nend them. They cannot, there lore, he difp >ied to pervert their power to improper purposes. W hat are their duties ? To expound and apply the laws. To do this with fidelity and skill requires a length of time. The re quillte knowledge is not to be procured in a dav. These are the plain and strong reasons which must strike everv mind, for the different tenure by which the judges hold their offices, and they are such as will eterna.lv endure wherever liberty exists. On examination, it will be found that the people, in forming their constitution, meant to mike the judges as independent of the legiftature as of the executive. Be cause the duties which they luve to perform, call upon them to expound not only the laws, but the constitution also; in which is involved the power of checking the legiftature in case it fliould pass laws in violation of the constitution. For this reason it was more important that the judges in this country (liould be placed beyond the controul of the legidature, than in other countries where no luch power attaches to them. Mr. Mason challenged gentlemen to ex hibit a Tingle instance, betides that lately furnifiied by Maryland, of a legislative a ft, repealing a law palled in execution of a constitution, under which the judges held their offices during good behaviour. In truth, no such power existed, nor was it in the power of any legidature, so circum stanced, by a (ingle law to dash them out of existence. The opinion of Mr. Mason, therefore, was .hat this legidature have no right to repeal the judiciary law. For such an a<ft would be in direct violation of the Consti tution. The constitution fays:—“ The judicial power of the United States (hall be vested in one Supreme court,and in such inferior courts as the congress may, from time to time, ordain and eltablidi. The judges, both of.the supreme and inferior courts, (ball hold their offices during good beha viour, and fhali, at stated times receive for their services, a compensation, whichdiall not be diminilhed during their continu ance in office.” Thus it fay s, “ the judges Jhallhold their offices during good behaviour,” how can this direction of the constitution be com plied with, if the legidature fliall, from felfion to fclfion, repeal the law under which the office is held and remove the office. He did not conceive that any words, which human ingenuity could devise could more completely get over the remarks that had been made bv the gentleman from Ken tucky. But that gentleman fays, that this provision of the constitution applies ex clufivelv to the president. He confiders it as made to supersede the powers of the pre fi lent to remove the judges. But could this have been the contemplation of the framers of the constitution, when even the right of the president, to remove officers at pieaftire, was a matter of great doubt, and had divided in opinion our most enlight ened citizens. Not that he stated this cir cumft tnce, because he had doubts. He thought the president ought to have the right ; but it did not emanate from the constitution ; was not expressly found in the constitution ; but sprang from legilla tive conftroftion. Besides if congress have the right to re peal the whole of the law, they must pos sess the right to repeal a leftion of it. If so they mav repeal the law so far as it ap plies to a particular distrust, and thus get rid of an obnoxious judge. Thev mav remove his office from him. Would it not be absurd (till to fay, that the removed judge held his office during good bt haviour. The constitution fays, “ The judges fhali, at stated times, receive for their Ser vice, a compensation, which fliall not be diminilhed during th'-ir continuance in office.” Why this provision ? Why guard against the power to deprive the judges of their pay in a diminution of it and not pro vide against what was more important, their existence. Mr. Mason knew that a legislative body was occasionally fubjeft to the domin ance of violent passions, he knew, that thev might pass unconllitutional laws ; and that the judges, sworn to support the con stitution, would refule to carry them into effect; and he knew that the legislature might contend for the execution of their statutes. Hence the neceffitv of placing the juJges above the influence of these pas (ions; and for these reasons the constitu tion had put them out of the power of the legidature. Still if gentlemen would not agree with him as to the unconstitutionality of the measure proposed, he would alk. what is expedient ? Were there not great doubts existing throughout the United States ? Ought not each gentleman to ftiv, though I mav have no doubts or hefitanev, are not a large portion of our citizens of opin ion, that it would violate our constitution > If this diversity of sentiment exists, ought not the evils under the judiciary law* to be very great before we touch it ? Ought we not to aim at harmonifing instead of dm dit>T our citizens? Was not the constitu tion a sacred instrument; an inftroment ever to be approached with reverence; an instrument which ought not lightlv to be drawn from its hallowed retreat, and fob jested to the flux and reflux of palfion.— But where is the evil complained of? The fvftem was eftabiifhed only last felfion : scarcely had it been yet organized; fierce ly had we tried it on its very threshold ; where then tlie ncccffity of being so point ed, as to destroy a system scarcely formed three davs ago ? Docs not this manifeft precipitation ? W'ill it not manifeft more magnanimity, more rationality to abide by it until we try it ; instead of taking up a pen and dashing it out of exiltence ? The reason that the suits depending were not so numerous, arose from the na ture of the old establishment. Thateftab lifhment had no parallel. It carried with it the feeds of its own difTolution. No set of judges could be found physically hardy enough to execute it. Such was the labor of their duties, that they were denied time for fludy or improvement. Besides a case was heard at one term by one judge, and poftpor.ed for consideration to the next. At that term another judge appeared, and all the arguments were to be gone over anew ; and the fame thing might happen again and again. Was this the way to ex tend juffice to our citizens ? Was not the delay equivalent to a denial of justice? It was a fa<st that three fourth of the time oi the judges had been taken up in travelling. It may be true, that the number of suits in the federal courts is leflened ; and if the internal taxes are to be swept away, it may be still more leflened as far as depends up on that source. But is it pofiible, that suits will go on diminishing as the gentle man seems to think ? Is realoning so pre dominant : 1 Is the milienium so near at hand ? On the contrary is not our com merce increaling with great rapidity? Is not our wealth increasing ? And will not controversies arise in proportion to the growth of our numbers and property r Controversies, which will go to federal tribunals loon as the judiciary fyftetr. is fully established. By the documents quo ted bv the gentleman from Kentucky, it appears, that more bufmefs has been lately done in the federal courts, than in any other antecedent time, except in one or two counties in Pennfy Ivania. Besides, (laid Mr. Malon,) even if there be not a great preflure of business, had we not better pay the paltry sum of 30 or 40,000 dollars for a system too broad, than have one that is too narrow ? Is it not a melancholy consideration, that in any of the European States, the costs are equal to the principal contended for? It would be honorable to the United States to exhibit a different example. It would be honora ble to them to hold out an example, even if confined to foreigners, of prompt and efficacious justice, though at the expence of ioo.oco dollars. Such an example would be a cause for national triumph, and « ur people would exult in it. Inasmuch, therefore, as to render the judges refpc£fable, it was necelfary to make their appointments permanent, as time, labor, experience and long fludy, were re quired to ptrfeft any man in a knowledge of the laws of ins’ country ; inasmuch it has been thought good police, that the judges fliould be well paid ; and that they Ihoulu be so placed 31 to be divested of all fear, and neither to look to the right orto the left ; iuatmuch as they fliould be so placed as to render them independent of legtfla tiveas well as executive power; he hoped this law' would not be repeaie d. These were the reaforts, which Mr. Ma son alfigned as those which would influ ence his decision. He acknowledged, that he had not entered the House prepared to offer his sentiment; but as the question was about to be put, he had thought it heft to offer them, such as they were, rather than to give a filetit vote on a fubjeft of l’uch great importance. AUGUSTA SAVANNAH LINE OF STAGES. THE Subscribers refpe&fully inform their friends and the public, that they have purchased the Line of Stages from Meflrs. Joleph and Wiiliam Grant, with good Hones, Carriages, and careful driver. Stagts start as usual. LEWIS CALFFREY, 7 „ . • _ JAMF.S GAFFNEY, \ P ? N O T I C E. THOSE persons who are indebted to the Subscribers (and whose ac counts, notes. &c. are new due) are re qtiefled to nuke pavment, or otherwise fi-tße to our fatisfaftion previous to the firi) of next March, otherwise they will be proceeded again ft agreeable to law. James &? Thomas Gardner. WANTED, A GOOD Cook, Washer and Ironer, for whom 7 dollars will be regularly pa’d everv month. —Direift a liue to A. Z. at this Priiuing-Ofiice. Mr. Bukce, 1 YOU mentioned in your paper J some weeks past, on the authority 1 lup- § pole of a private letter, that the Removal 1 of the Post-Master here was immediately * to take place—On Monday last the offi. cial notice on the fnbjeft was received from the Post-Master General —His letter, together with my reply returned by the fame mail, I submitted to some ®f m y . 1 friends for their private who suggested the propriety of public —having no obje&ion I herewith inclofe them, and you are at lib ertv to pubiifh one, or both the letters as you think proper. W. J. HOBBY. General Post-Office, Jan. 16, 1802. SIR, UPON entering on the duties of this Office, my mind was impressed with an unusual anxiety and solicitude. Know ing as I did that most of the officers under me, from their official Rations, had been in the habits of associating and correspon ding, as well on politics as on business with those lately in authority, from whom the people had withdrawn their confi dence ; and elevated to office men whose political principles they believed, better calculated to preserve the constitution and public profperitv, and having a general knowledge of the most prominent recent events, it occurred to me that some re movals would become meceffary, as well to effeift an equal participation and enjoy ment of office by the two great clafies of citizens, who are designated by the terms Federalists and Republicans; as to pre lerve and maintain confidence in the de partment. The idea of exercising the powers deligated in such manner as to produce any temporary evil or unhappi ness to any of my fellow-citizens, to me was an ur.pleafant and distressing. While on the other hand it was my determina tion, as it was my duty, to answer the public expectation and to make such changes as the state of the country as well as of the office, appeared to require.— From repeated complaints from the coun try, and from opinions which are enter tained by persons who have been long in office, together with the realons upon which their opinions art* founded, I was soon convinced that as a general rule, the printers of newspapers ought not to be employed as Post-Master s, because they have a special interest in i r uppreffing for a time the intelligence forwarded to rival printers, which generates suspicions, mu tual recriminations and party bickerings, unfriendly to social intercourse and civil order. And because they have an uncom mon interest in using the right of Frank ing to an extent never contemplated by law, if not, to the deftru&ion of a fellow craftsman. I have therefore lefufed to appoint a Republican printer Post-Master in every instance where applications nave been made, altho’thev have neither been few, nor badly supported. Causes may exist in which it may be proper to em ploy the printer of a paper as a Post-Mas ter—These however will only form ex ceptions to a general rule—lnfluenced by these confederations, as you are the printer of a newspaper, my duty compels me to inform yon, 1 have deenaed it proper to difpence* with your further services as Post-Master at Augusta, and that I have appointed John B. Wilkinson, Esq. to that Office as your fucceftor. When he has taken the oath prescribed by law, and executed with good surety the proper bond and forwarded the fame for this of fice (which bond and oath I have forward ed to him.) I request yovl to deliver over to him all such property as you may have in your pofTeffion, belonging to the Gen eral Poft-Office. 1 am fir, vour most obedient servant, GIDEOM GRANGER. Wm. J. Hojsby, Esq. Augusta, ift February, 1802. SIR, I THIS day received your’s of the 16th ultimo, and as soon as the oaths are taken, and the Bond properly executed by the person appointed my fucceflbr, I shall proceed to comply with your inftru&ions —in the mean time I take the liberty of ma king a short reply to your obliging favor. If the “ anxiety and solicitude” with which your “mind was imprefled” on entering your present office, produced, or confirmed, a determination impar tially to discharge its duties, you have mv heft wishes for the uniform suc cess of your exertions. As you aflert from your own knowledge, that “ most of the offi cers under you had been in the habits of associating and corresponding with those lately in authority,” it might not be pro per to question the accuracy of your state ment, even though the attainment of this
