A. BURR.
TO BARNABAS BIDWELL.
Washington, February 1, 1802.
DEAR SIR,
The newspapers will have shown the position of the bill now before the Senate for the repeal of the act of last session establishing a new judiciary system; and that the bill, when on its third reading, was, by the casting vote of the vice-president, referred to a select committee. This day notice has been given that a motion to discharge that committee will be made to-morrow. It should be noted that the arrival of Mr. Bradley has given a vote to the republican side; hence it may be presumed that the committee will be discharged, and that the bill will pass the Senate to-morrow, and that in the course of three weeks it will become a law. I state this, however, as mere conjecture.
The constitutional right and power of abolishing one judiciary system and establishing another cannot be doubted. The power thus to deprive judges of their offices and salaries must also be admitted; but whether it would be constitutionally moral, if I may use the expression, and, if so, whether it would be politic and expedient, are questions on which I could wish to be further advised. Your opinion on these points would be particularly acceptable.
With entire respect and esteem,
Your obedient servant,