History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
For this purpose the debt was funded; under cover of an
Indian war, an army was created; under cover of an Algerine war, a
navy was built; to support this system, taxation was extended; and
finally, by availing itself of French depredations on commerce, the
Administration succeeded in pushing all the forms of patronage to an
extreme. When the people at last rebelled, and the Federalists saw
themselves in danger, “it was natural for them to look out for some
department of the government in which they could intrench themselves
in the event of an unsuccessful issue in the election, and continue to
support those favorite principles of irresponsibility which they could
never consent to abandon.”
Whatever amount of truth was contained in these charges against the
Federalists, they had the merit of consistency; they reaffirmed what
had been the doctrine of the party when in opposition; what Jefferson
was saying in private, and what was a sufficient argument not so
much against the circuit judges as against the Federalist Judiciary
altogether; but the position seemed needlessly broad for the support of
the technical argument by which Giles proved the power of Congress in
regard to the measure under discussion:--
“On one side it is contended that the office is the vested property
of the judge, conferred on him by his appointment, and that his good
behavior is the consideration of his compensation; so long, therefore,
as his good behavior exists, so long his office must continue in
consequence of his good behavior; and that his compensation is his
property in virtue of his office, and therefore cannot be taken away
by any authority whatever, although there may be no service for him
to perform. On the other it is contended that the good behavior
is not the consideration upon which the compensation accrues, but
services rendered for the public good; and that if the office is to
be considered as a property, it is a property held in trust for the
benefit of the people, and must therefore be held subject to that
condition of which Congress is the constitutional judge.”
Public-domain text, read in full here on John Shaqi.
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