The Newhampshire gazetteer — Exeter, N.H., 1789-10-10 00:00:00, page 1

BlackJlone's Commentaries.
Proposals of Isaiah Thomas,
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A neat American Edition of that
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COMMENTARIES on the Laws
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Exeter, Off. 8.
MP. Smith (S.C.) it would be
difficult to take from that court
any of its jurifdidion without mate
rially injuring the whole judicial sys
tem, except the clause relating to con
fols and vice consuls, which appears
to me to be improperly annexed to the
diAria court,& which I (hall move to
Alike out when we come to that part
of the bill. But to what objects does
the diftria courts extend ? To admi
ralty causes and trials for piracy
and offences committed on the high
seas: Gentlemen have conceded that
the diftria courts shall have jurifdidion
of these cases. To offences against
,the United States: It is very proper
that a court of theUnitedStates should
try offences committed against the
United States. —Every nation on
earth punishes by its own courts of
fences against its laws. To seizures
on land for breaches of the revenue
laws : This power will not be censur
ed : it would be felo de fe to trust
the collodion of the revenue of the
United States to the state judicatures.
The disinclination of the judges to
carry the law into effea, their dis
approbation of a certain duty, the
rules of the court or other obvious
causes might delay or fruftrate the col
ledion of the revenue, and embarrass
the national government. From this
view it appears that the diftria court is
not eloathed with any authority of
which the state courts are stripped, but
LEGISLATURE of the UNION.
HOUSE of REPRESENTATIVES,
SATURDAY, AUGUST 29.
Congressional Matters.
PROCEEDINGS OF THE
(Continued,)
THE
is barely provided with that authority
which arises out of the eftablilhment
of a national government ; and which
is indi fpenfibly necessary for its fop.
port. Can the state courts at this mo
ment take cognizance of offences com
mitteed on the high seas ? If they do
it is under an aft of Congress, giving
them jurifdidion, and in such cases
the judge of the admiralty is affociac
ed with two common law judges ; this
tribunal becomes then a federal court
for the particular occasion, because it
is established by Congress. The
state courts have no jurifdi&ion of
causes arising from a national impeft
law, because no such law has hereto
fore existed. Wheie then is thegreund
of uneasiness suggested by gentemen ?
The foregoing observations mutt per
fuade them that their alarms have
been premature. But it is said there
mutt be court houses, judges, marshals,
clerks, constables, goals and gibbets
—that these eflablilhments will induce
a heavy and unnecessary burthen, and
have a tendency to create disgust in the
people. I readily agree with the
gentleman that there are in every cem
munity some individuals who will fee
with pain every new institution in the
shape of a constable, goal or gibbet:
and who think that law and courts
are an abridgement of their liberty ;
but l should be very sorry to concur
with him that this is a prevailing opin
ion; I think better of cur constituents,
and am persuaded they are sensible
that these institutions arc necessary
for the protection of their lives and
property ; and grow out of the very
nature of a federal government. Care
indeed should be taken to prevent
their being grievous and oppressive;
But as long as there are in the world
knaves & rogues, & monitors under the
form of men, preying upon the hon
ed & innocent, so long will courts and
all their concomitants be wanted to
redress the wrongs of the latter, and
redress the depredations of the form
er. But let me all the gentleman
whether a court of admiralty, and a
court for the trial of offences on high
seas, which he agrees ought to be es
tablished, will not require all these
infiitutions ; viz. court-hopfes,clerks,
fheriffs, &c? There can be no doubt
of it. The extension of the jurididion
of the diftrid court as far as I think it
necessary will not occasion any one ar
ticle of expence or any one institution
which will not be necessary on the gen
tlemans plan. To suppose that there
will be a clashing of jurifdiaion be
tween the state and diftri& courts on
all occasions, by having a double set
of officers, is to suppose that the states
will take a pleasure in thwarting
the federal government: It is a sup
position not warranted by the disposi
tion of Our fellow-citizens, who find
ing that these establishments are cre
ated for their benefit and prote&ion,
will rather promote than obftrud
them ; It is a supposition equally op
posed to the power of direa taxation,
and to the eftablifhmen t of state and
county courts, which exist in the se
veral states and are productive of no
such inconvenience. These several
courts will have their limits defined,
acd will move within the refpea
ve orbits without any danger
of deviation. Besides, lam not per
suaded that there will be a necessity for
having feperate court-houses & goals 1
Those already provided in the several
states will be made use of by the dif
tria courts. I remember when the
court for the trial of piracy under the
authority of Congress, was held in
Charleston, the judges set in the court.
There is another important confi.
deration ; thatis, how far the co^fti.
tution Stands in the way of this moti
on; It is declarea by that inll.ument
that the judicial power of the United
Stales fhaiii be teftea in cue Supreme
and in such inferior courts as Cougrefa
Ihall from time to rime ettablUh : Here
is no discretion then inCorgrels to vest
the judicial power of the United States
in any other tribunal than in the so.
preme court& the inferior courts of the
United States: It is further cellared
that thejudicial power of the United
States Shall extend to all cases of a
particular description—How is that
power to be administered ? Undoubt
edly by the tribunals of the Uni;ed
States: If the judicial power of the
United States ex ends to those Speci
fied cases, it follows indisputably that
the tribunals of the United States must
extend to them, —Whatis the object
of the motion ? To assign thejarifoic
tion of feme of these very cases to the
State courts, to judges,who in many in.
Stances hold their places for a limited
period, whereas the constitution, for
the greater security of the citizens,
and to ensure the independence of the
federal judges, has exprtLj declared
that they Shall held hdr commiffiona
during good behaviour ;—to judges
who are exposed every year to a di
minution of filary by the date !egif.
futures, whereas the constitution to re.
move from the federal judges alt the
legislative or the executive, has pro
tected them from any diminution of
their compensation. Whether the in
expediency or uncorftitutionality of
the motion be confideied, there are
more than fufficient reasons to oppose
it. The district court is necessary, if
we intend to adhere to the spirit of
the cor dilution, and 10 carry the go.
vernment into eSE&. Ac the fame
time, 1 Shall chearfully aflift in organ
izing this court in that mode which
will prevent its being grievous or
oppressive and will render it conducive
to the protection and happiness of our
constituen ts.
Mr. Jackson : I rife, fir, on what
I conceive the most important fuhjed,
which has yet come before this house:
It is what I have long considered, and
with difficulty have decided, but on
mature consideration, >:m impreff^
with the fame sentiments with the
gentleman from .Newhampfhire. It
must be admitted, that society was
formed before the rules which govern
ed that society, and therefore the laws
and rules were formed merely fcr the
convenience of that society. Iri fad
the conveniency of the people is or
ought to be the firft privilege of every
government ; and the people have a
right to expeft it. Our present con
stitution has set out with this declar
ation. "We the people," in its pre*
amble ; and therefore in the fyrtem
before us, every attention of the Le
gislature ought to be drawn to this
point. Sir, 1 apprehend thatthe frf
tem before us is not framed, or cal
culated for that purpose ; but fecns
rather intended 10 dettroy some of the
most valuable, and important privi.
ledges of the citizens. Ido not wrth
to diminish from the powers in the
federal juliciarv, which may be ne
cessary and commensurate to the car.
rying the government fully into ex.
ecujoAibuLLconfidfyr the fyrtem un-
house, the prisoners were confined in
the goal, were under the custody of
the constables and were executed by
the order of the Sheriff of the diftrid of
Charleston. All these were state in.
dilutions, and jet the court was a fed
eral court.
[Vol. I.— Numb. 9