صور الصفحة
PDF
النشر الإلكتروني

before you, that the Hon. James Watson, Esquire, one of the Senators from this State, in the Senate of the Congress of the United States, has resigned his seat in that House.16

Albany, 28th March, 1800.

April 8. To the Assembly:

JOHN JAY."

Objections by the Council of Revision to a bill "for the payment of certain officers of government, and for other purposes."

❞ 17

"Because the allowance thereby granted to the Chancellor and Judges of the Supreme Court, in addition to the permanent salaries, is temporary only.

Notwithstanding the fluctuations in the legislative provisions for the salaries of those officers, and however embarrassing and impressive may have been the circumstances which have caused the temporary changes alluded to, yet the Council find it to be their duty to remind the Legislature of those principles of the Constitution, and those great maxims relative to the independence of the judiciary department, which general experience has proved to be essential to the public good.

The Council are sensible that it is a matter entirely of legislative discretion to determine and fix the adequate compensation to the Chancellor and judges, but when the Legislature has exercised its discretion, and ascertained the compensation, the reason of the constitution then applies, and requires such compensation to be permanently established.

16 Gouverneur Morris was appointed United States Senator to fill the vacancy caused by the resignation of James Watson.

17 The salaries bill was passed over the veto, and became a law, chap. 133, on the 8th of April. This veto necessarily affected the whole bill, as there was no provision at that time authorizing the veto of separate items in appropriation bills. The power to veto separate items was included in the Constitution (article 4, section 9) by an amendment adopted in 1874.

[graphic][merged small][merged small]

By ordaining that the Chancellor a their offices during good behavior." U. dently intended to make them independ it. tion will be greatly frustrated, and the t fices essentially affected, if they are to deja? whole, or in part, for their necessary sun port " nual pleasure of a single branch of the Lev ever compensation, therefore, in addit

[ocr errors]
[ocr errors]
[ocr errors]

* allowed!

by the act of the 11th of April, 1792, is de requisite, (and the bill is itself evidence of the sse et ture that the allowance in that act is not cheat be equally permanent, as being equa 'y within tl. of that law.

It is proper that these persons w tire, be called to renounce the lur. vate business, and to devote the best. clusively to the public service, any certnty, upon what to depend; pene, as intended by the cont from permanent provision for tie ir permanent tenure in their offices.

The , therefore, by determining what the
on to the Chancellor and Judges ought to be, n.
these temporary only, is inconsistent :
of constitution, as well as with the ..
public good."

The Legislature adjourned te

n the first Tuesday of November, 1800, 1. ned by the Governor.

[ocr errors]

Legislaought to rooson

[ocr errors]

ensaiak

DEATH OF WASHING

rge Washington died on the 1:

of December,

'n the 19th President Adams sa communication

- $ 24.

[graphic][ocr errors]
« السابقةمتابعة »