A Compilation of the Messages and Papers of the Presidents. Volume 1, part 4: James Madison
History
A Compilation of the Messages and Papers of the Presidents. Volume 1, part 4: James Madison
Madison, James, 1751-1836; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Because the additional services imposed by the bill on the justices of
the Supreme Court of the United States are to be performed by them
rather in the quality of other judges of other courts, namely, judges of
the district courts, than in the quality of justices of the Supreme
Court. They are to hold the said district courts, and to do and perform
all acts relating to the said courts which are by law required of the
district judges. The bill therefore virtually appoints, for the time,
the justices of the Supreme Court to other distinct offices to which, if
compatible with their original offices, they ought to be appointed by
another than the legislative authority, in pursuance of legislative
provisions authorizing the appointments.
Because the appeal allowed by law for the decision of the district
courts to the circuit courts, whilst it corroborates the construction
which regards a judge of one court as clothed with a new office, by
being constituted a judge of the other, submits for correction erroneous
judgments, not to superior or other judges, but to the erring individual
himself, acting as sole judge in the appellate court.
Because the additional services to be required may, by distances of
place and by the casualties contemplated by the bill, become
disproportionate to the strength and health of the justices who are to
perform them, the additional services being, moreover, entitled to no
additional compensation, nor the additional expenses incurred to
reimbursement. In this view the bill appears to be contrary to equity,
as well as a precedent for modifications and extensions of judicial
services encroaching on the constitutional tenure of judicial offices.
Because, by referring to the President of the United States questions of
disability in the district judges and of the unreasonableness of
delaying the suits or causes pending in the district courts, and leaving
it with him in such causes to require the justices of the Supreme Court
to perform additional services, the bill introduces an unsuitable
relation of members of the judiciary department to a discretionary
authority of the executive department.
JAMES MADISON
PROCLAMATIONS.
[From Niles's Weekly Register, vol. 1, p. 448.]
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas information has been received that a number of individuals who
have deserted from the Army of the United States have become sensible of
their offense and are desirous of returning to their duty, a full pardon
is hereby granted and proclaimed to each and all such individuals as
shall within four months from the date hereof surrender themselves to
the commanding officer of any military post within the United States or
the Territories thereof.
In testimony whereof I have caused the seal of the United States to be
affixed to these presents, and signed the same with my hand.
[SEAL.]
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