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
“I pray to God I may be mistaken in the opinions I entertain as to the
designs of gentlemen to whom I am opposed. Those designs I believe
hostile to the powers of this government. State pride extinguishes
a national sentiment. Whatever power is taken from this government
is given to the States. The ruins of this government aggrandize
the States. There are States which are too proud to be controlled,
whose sense of greatness and resource renders them indifferent to
our protection, and induces a belief that if no general government
existed, their influence would be more extensive and their importance
more conspicuous. There are gentlemen who make no secret of an extreme
point of depression to which the government is to be sunk. To that
point we are rapidly progressing.”
The charge was certainly emphatic, and deserved as clear an answer from
Giles as Bayard gave to the charge of monarchical tendencies. On the
constitutional point involved in the Bill before the House, Bayard was
equally distinct:--
“The point on which I rely is that you can do no act which impairs
the independence of a judge. When gentlemen assert that the office
may be vacated notwithstanding the incumbency of a judge, do they
consider that they beg the very point which is in controversy? The
office cannot be vacated without violating the express provision of
the Constitution in relation to the tenure.... The second plain,
unequivocal provision on this subject is that the compensation of the
judge shall not be diminished during the term he continues in office.
This provision is directly levelled at the power of the legislature:
they alone could reduce the salary. Could this provision have any
other design than to place the judge out of the power of Congress? You
cannot reduce a part of the compensation, but you may extinguish the
whole. What is the sum of this notable reasoning? You cannot remove
the judge from the office, but you may take the office from the judge;
you cannot take the compensation from the judge, but you may separate
the judge from the compensation. If your Constitution cannot resist
reasoning like this, then indeed is it waste paper.”
When Bayard reached Giles’s favorite doctrine that patronage was a
Federalist system, and the charge that two senators who voted for
the Judiciary Act of 1801 were rewarded by the offices vacated in
consequence of promotions to circuit judgeships, he produced a true
oratorical sensation by a retort that sank deep into the public
memory:--
Public-domain text, read in full here on John Shaqi.
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