Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1800-05-12
For TsSks' PoR,L4SD GSAEETrs.
THE CRISIS.-N' III. Sc; (.

motive OF uniformity, luitlce mutt be done, and
II IS ehearfully done TO the excellence of many
entirnents contained in the and. No. of the
! Criterion. 1t may eaGly be feen that our talk
grows harder, and that we are no longer al
l. owed TO kim on the furface of the inbied.-
but in learning to refpea our antagoniR there
H. 5 nothing but what is perfectly agreeable to
IS; and we fhall proceed with more delibera-
ion to examine principles in which We cannot
/ icquiefce.
|g@ Our author appears to think that our gov
.rnment will not long prove fuficient for the
H eKtenGve regions Of the union" and in order
% render it more adequate TO its Object propofes
! D encreale the powers of the judicial depart
nent. The reaGons why dilcretion may be more
afely exercifed by this depoGsaIy than perhaps
my other, are very good, and the great value
If the department is jutly appreciated. But
adRhen We fee him clofng long train of fPecious
asbfervatons with frank introduction of the cafe
Asssf the MigiGppi lands Tor Yazoo purchafe al
uded to in the former criGs) it is with extreme
difficulty that we can exclude the iuipicon of
Talne intereR or bias different from thofe gen
assral projections with which the piece begins =
Now that the judicial department ihouId be
Enlarged merely to extend remedy to thofe
7urchafers, Especially when, as we lhal thew
ms extenhon does not appear to be necefary
sven for the end in view, will never be con-
ended. But if any great and definite increale
hjudicial jurddi6ton is contemplated for high
a6sHential end', and to be of general import the
|ImPropofal is worthy of attention.
r. When we read the contribution, and conlider
The nature of the judicial office, it is not eafy
10 conceive how the powers of this department
can be incrcaied without encroaching upon
Ii of her re = n u
eide upon every trlniaaon, whatever it is, and
By IT'S inRitution it reviGes the proceedings of
bpthe other branches Of government, applying 70
n them the tef Of the contribution AM the laws
Its character is as follows "The judicial pow
er fhall extend to all cafes in law or in equity
I " arifing under this contribution, the laws of
. the United States, and treaties made or which
-" ihall be made, under their authority to all
" cafes affecting ambadadors, other public mi
i nllters, and confuls; TO all cafes of admiralty
and maritime jurif1ietion to controversies
n" 10 which the United States fhall be a party
y" TO controversies between two or more Gates.
~ between tate and citizens IF another tate
" between citizens of different Rates, between
ErT' citizens OF the fame tate claiming lands IN
A' der grants Of different fates, and between
80 rate, or the citizens thereof and foreign
itates citizens or fubects."-If TO this we add
hhe common law and incidental powers of the
judiciary, It is certainly 70 hard TO conceive
What this writer would annex TO the whole, as
At leAt TO make il highly proper that he (hould
point It cut With fuch (entiments as he pro.
'eies tor the purity and integrity of this branch
|11s 1t PoHlble that he can with TO make il ex-
reed It's ehential nature There would be more
.redion to complain, it the Judge could legi14te
pr execute by virtue OF an unlimited differ elton,
E+han there can be of "legidative uful pations,"
@"hch the Judiciary can null:fy. And the
wonderful charm which now holds all together,
and which this writer 70 much admires the
ncorruPhbIllty and impartialty of this depart
I ment would be dilolved and done away. Lit
" would be any poaible advantage gained al
ibis eTPence.
We mutt inevitably wait for this writer to
ZIP ain himfef upon this head. But in the |
snean time we cannot relia ftf2icion riling out
d his :Ehnuations in both his pieces, that he |
you'd have the rate liability reRored, and even
lea in the Judiciary the duty Of enforcing the
- Performance OF the contacts of the United States
|Al ne latter is 70 eKtravagant notion as we con
elv. az Prefent, and 70 unneceaary provition
where tn fslf-Prefervation of thebody polite 4
fnfeparable rom its good faith upon that general
caie which inlts the nature OF the fubiea, thze
re fhAll not imagine any politician to BE Gerous
bout it until ne gives the mott undeniable -v- |
leace Of tuch inlanity. But as to the former, |
II the cafe of Georgia is alluded to, it is not !
oneeived TO be important that the aate faould |
| e fuA6ie in order to examine the validity of |
as contraa or conveyance. The rights and !
| tiles of individuals claiming under that grant |
|%nnay be Investigated and etabilhed without |
baking the fate party to the fut. And if |
eVc luppofe the extreme cafe, thar any perfcn |
I'm Pofeilisn under the grant lhould he expelled
eY authority of the tate tiil the publication Of
the officer under the law Of his fate would only
be queltioR between midi, .luas and the frlf |
trial would decide how far the law was obliga, |