CH. XXXVIII.]
JUDICIARY—COMPENSATION.
495
(so far as it is a precedent,) that, notwithstanding the constitutional tenure of office of the judges of the inferior courts is during good behaviour, congress may, at any time, by a mere act of legislation, deprive them of their offices at pleasure, and with it take away their whole title to their salaries.[1] How this can be reconciled with the terms, or the intent of the constitution, is more, than any ingenuity of argument has ever, as yet, been able to demonstrate.[2] The system fell, because it was unpopular with those, who were then in possession of power; and the victims have hitherto remained without any indemnity from the justice of the government.
§ 1628. Upon this subject a learned commentator[3] has spoken with a manliness and freedom, worthy of himself and of his country. To those, who are alive to the just interpretation of the constitution; those, who, on the one side, are anxious to guard it against usurpations of power, injurious to the states; and those, who, on the other side, are equally anxious to- ↑ See Sergeant on Const. ch. 30, [ch. 32.]
- ↑ The act gave rise to one of the most animated debates, to be found in the annals of congress; and was resisted by a power of argument and eloquence, which has never been surpassed. These debates were collected, and printed in a volume at Albany in 1802; and are worthy of the most deliberate perusal of every constitutional lawyer. The act may be asserted, without fear of contradiction, to have been against the opinion of a great majority of all the ablest lawyers at the time; and probably now, when the passions of the day have subsided, few lawyers will be found to maintain the constitutionality of the act. No one can doubt the perfect authority of congress to remodel their courts, or to confer, or withdraw their jurisdiction at their pleasure. But the question is, whether they can deprive them of the tenure of their office, and their salaries, after they have once become constitutionally vested in them. See 3 Tuck. Black. Comm. App. 22 to 25.
- ↑ Mr. Tucker, 1 Tuck. Black. Comm. App. 360; 3 Tuck. Black. Comm. App. 22 to 25.
