The Newhampshire gazetteer — Exeter, N.H., 1789-10-10 00:00:00, page 2

necessary, vexatious, and expensive,
and calculated to destroy the harmony
and confidence of the people.
The gentleman from South-Caro-
Tina has objeded to the motion for
striking out the clause, for several
reasons: The firft he brings forward
is, " that in several of the States the
Judges are limited in their appoint
ments, that inferior jurifdidions are
required by the constitution, and that
the State judges are not veiled with
permanent salaries." Sir,thofe argu
ments fall to the ground on referring
to the Constitution : The Conititu
tion does not absolutely require
inferiour jurifd'ftions: ft lays,
that “ the judicial power of the Unit
ed States (hall be veiled in one supreme
court, and in such inferior courts, as
the Congress raay from time to time
establish." The word may is not posi
tive, and it remains with Congress to
determine what inferior jurisdictions
are necessary, and what they will or
dain and eltablifh,for if they chufe,or
think no inferior jurifdi&ions necessa
ry, there is no obligation to eftabli h
them. It then remains with the Le
gislature of the Union to examine the
necessity or expediency of those 'courts
only. S r,on the fabjed of expediency,
I for my part, cannot fee it, for I am
of opinion that the State courts will
answer every judiciary purpose.
The gentleman from South Caroli
na has again advanced " that if dif
trid and circuit courts are not adopt
ed, the harmony of the dates and peo
ple will be at stake, and that the sys
tem will be more vexatious by a se
ries of appeals." Sir, Ido not agree
with this doftrine. I hold that the
harmony of the people, their liberties
and properties will be more secure un
der the legal paths of their ancestors,
under their inodes of trial, and known
methods of decision. They have
heretofore been accustomed to receive
justice at their own doors in a simple
form. The fyflem before the house
has a round of courts, appellate
from one to the other, and the poor
man that is engaged with a rich
opponent, will be harraffel in the
most cruel manner, and although
the fam be limited for appeals—
yet, Sir. the poor individual may have
a legal right to a fun superior to that
limitation, fay above a certain amount
of dollars, and not possess fortune fuf
ficient to carry on his law fait : He
must fink under the oppression of his
richer neighbor. lam clearly of
opinion that the people would much
rather have but one appeal, and which
in my opinion would answer every
purpose : I mean from the State courts
immediately to the supreme court of
the continent. An admiralty jurif
didion I will grant may be necessary
for the trial of maritime affairs, and
matters relative to the revenue, to
which objeft 1 would cheerfuly enlarge
it, and I think Sir, for the present it
will be far more eligibl. The gen
tleman has advanced that the expence
would be as great without as with the
inferior jurifdi&ion. I must beg leave
to differ from him, and to declare that
it will be in the proportion of three to
one : for although the clerk and mar
fhal of the diftrid courts are the offi
cers propped for the circuit courts,
yet, Sir, there will arise a train of in
ferior officers, consequently attendant
on those officers, & courts,exclude of
jurors, witnesses, &c. He has like
wise advanced that it is necessary to
prevent confafon : Sir, the line of
diftin&ion will be much eafrer pre
served in the present Rate of the de
partment, for many of the reasons
pointed out by the gentleman from
New- Hampshire, exclusive of the
difficulty of new rules, &c. But Sir,
we are told it is necessary that every
government should have the power of
executing its own laws :. This argu
ment tumble when we find that
the Condit ution, treaties, and laws of
the United States, are by the Consti
tution itfelf, made the supreme law
of the land. Sir, are not the judges of
thadiftrent^r^Q^^
not colled those oaths,and be liable to‘
punifhmet by your ad which has obli
ged them to take that oath if they do
not refped it as such ? assuredly they
will—it is part of (he compact formed
with the States ; but, Sir, does there
not remain the appellate jurifdidion
of the supreme court to control them,
and bring them to their reason ? Can
they not reverse, or confirm the State
decrees as they may find them right
or wrong? Thus then does this last
argument fall to the ground.
Sir: That the system is vexatious
can be easily proved, and is too ob
vious. An offender is draged from
his home, his friends, and connexi
ons, to adiftant foot, where he is de
prived of every advantage of former
charader, of relations, and acquaint
ance : the right of trial by a jury of
vicinage is done away, and perhaps
he is carried to a place where popu
lar clamor for the moment might de
cide against him ; or if allowed a trial
by vicinage, or his neighbors, it is
equally vexatious to drag them two
or three hundred miles from their
bornes, with evidences to try, and
give teffimony, at a distant place;
every thing is to be dreaded from it.
Sir, this is contrary to our cull >ms,
and we need but revert to the hiftory
of Britain after the conquest, to view
what struggles against innovations of
this nature that nation made. The
monkish clergy joined with the Kings,
to oppress the people, eftablifi civil
law, and get the legal power into
their own hands : The people took
the alarm, and with the nobility con
tested the point, which was never fi
nally fettled until the great charter of
John, which it was one of the cause
:of producing, and which fix'd the
ecclesiastical bounds. I would aft
if our modes of trial must not be as
dear to our fellow citizens as tothem,
and if the fame commotions may not
reasonably be expe&ed ? I am afraid,
Sir, they will be found so. Is it proper
we should be so suspicious of the State
Fudge? I cannot form, part confidcr
.human nature so depraved, as to sup
pose that with an oath to observe the
supreme law of the land, the State
fudges would not obey it. It becomes
us in my opinion, as a wife legislature
to cake up and execute the least ex
ceptionable and milder mode firft :
j:here is no requisition—no necessity
from the Constitution: If we find o
experiment, (and the house generally
admit oar laws at present experiment
tal) that fufficient attention is not paid
and that our government requires for
its existence a more energetic mode,
[ pledge myfelfto agree to any inferio
jarifdiaionswhich may be though
necessary for that purpose; but! nev
ercan consent to oppress my fellow
citizens without experiment and abso
lute necessity.
It is expected that Con
gress will adjourn this day
to meet the beginning of
January. May Ame
rica never fee a less enlight
ened, patriotic, and indepen
dent Legislature :—lt is but
just to observe, that punc
tuality and constancy have
marked their attendance at
the hours of bufinefs —that
patience,perfervance, & dig
nity,have distinguished their
labors in the public service
—and candor, liberality, &
free disquisitions presided in
their debates. The public
mind appears to be tran
a 9 _JLt3 —jI B
NEWYORK, Sept. 26.
Newyork.
calmness the operation of
the laws, that have been en
abled—And if an attention
to the rights and privileges
of the people, united to a
concern for the energy and
honor of the people's own Con-
Jiitution,can ensure the confi
dence of the States, there is
the faireft profpe& of the
Government's being rooted
in the affections of the citi
zens of America.
The citizens of Newyork
WISH THE HONORABLE Le
gislature ALL POSSIBLE
happiness,and that on their
return to their Constituents,
they may be kindly accepted
by the multitude of their bre
thren, which, next to cons
cious approbation, is the
highest reward of patriot
ifm6
THE CONTRAST.
From hostile fields, where mercy prof
trace lies,
We ihout returning vigors to the
Ikies ,
But patriot Sages, fkill'd in arts of
peace,
Whole godlike labors, happiness en
creafe,
Too often find, that where they merit
fame,•
The blasts of envy echo to their name.
What a train of pleasing
ideas rushes upon the mind
of every American, in con
templating the effeds of the
late glorious Revolution.
With refpea to our own
countrymen, there is no
doubt' that a conscious dig
nity pervades the bosom of
every freeman, to which in
our dependent State they
were strangers: When we
cast our eyes Westward,
Northward, and Southward,
we behold a boundless thea
tre, on which a numerous
race ofhappv and enlight
ened citizens, are to exult in
all the blessings of Liberty
and good govern ment —Vir-
tue, Science, and Peace unite
their beneficent influences
to render the present & future
condition of human nature,
more eligible than it has
ever been in any former pe
riod : —Europe from Ame
rica has caught the sac red
flame of Freedom: It has
kindled into a blaze —it has
illuminated their darkness,
and where tyranny erected
her throne, and bigotry, ig
norance, arid fuperffition
supported her infernal reign,
the fun ofa glorious day has
arisen-—and Liberty rejoices
in the divine light and re
fplendnta beams.
The foundations of ty
ranny are laid in ignorance;
ported by the fame means—
knowlege and freedom go
hand in hand.—The Rate of
darkneis in which the east
ern world has long been
plunged, has prevented ma
ny of those kingdoms from
succeeding in their efforts
to obtain the just rights of
human nature. In modern
times,if the resistance of the
people to the tyrants that
oppress them, should prove
unfuccefsful, it will gene
rally be found owing to trai
tors among themselves ; and
the danger from this quarter
ariies from the too general
want of all principle, and
thepredominant love of mo
ney among all ranks of peo
ple.
IN SENATE, SEPTEMBER 2J.
The G%roenfion> of a number of the fate:
buying, at the time of their adopting
the Confutation, exprfrd a desire, in
order to prevent mfonfruaion or a
k^Je c f "' pervert, that further de^
clarator, and r+ftriaive c^auJh Jhould
be added : And as extending the ground
of public confidence in the g vernment,
avid bift injure the benfeent ends of
its infitutin.
Refolded, by the Senate &;
House of Repi;efentatives of
the United States of Ame
rica in Congress assembled,
two thirds of both Houses
concuring, That the follow
ing articles be proposed to
the Legidature of the seve
ral states, as Amendments
to the Constitution of the
United States, all or any of
which articles, when ratifi
ed by three fourths of the
said Legislatures, to be valid
to all intents and purposes,
as part of the said Constitu
tion, viz.
Articles in addition to, & rs
amendment of, the Consti
tution of the United Statesl
of America, proposed by
Congrefs,and ratified bythe , t
Legislatures of the 'feveral
states, pursuant to the ;th
article of the original Con- = Q
ftitution. 1
^rt.l. After the ift enu-I
meration, required by the
ift article of the Constituti
on, there shall be one Re
presentative for every thirty\
thousand, until the numberl
shall amount to one hun
dred ; to which number one
representative shall be addedI
forevery subsequent increase
of forty thousand, until the
Repre'fentatives shall amount
to two hundred, to which
number one Representative 34
shall be added for every sub-, /
sequent increase of sixty
thousand persons.