Eloquence of the United States volume 2

Cover Eloquence of the United States volume 2
Eloquence of the United States volume 2
E B Ebenezer Bancroft Williston
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He did not wait until the vacancies should happen. He attempted to make vacancies, by what he called the promotion of judges, although they held their commissions of him, 4 during good behaviour, ' and without waiting to know whether the judges would accept the promotion or not, upon which event alone a vacancy could accrue ; he proceeded to appoint and actually commission mem- bers of the legislature to offices, then actually held by other commissions granted to other persons. What was the eff...ect of this procedure ? That two persons ON THE JUDICIARY. 157 held commissions to perform the same duties, although one person only was authorized by law to discharge those duties, whilst the office, where the promotion was refused, remained vacant. This was actually the case, in several of the districts of the United States. This subject will be put into a still stronger point of view, by examining the journals of the senate, which I am sorry to do for this purpose. When discussing the bill in question in the senate, I find this entry on their journals, " on motion to strike out the whole of the bill after the words (from arid after, ) section first, line second, for the purpose of inserting as follows, (to wit, ) a substitute for the bill.

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