Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1800-05-05
Fran f5s Cazsife Of TIE Oraitai Slates.
THE CRlTERION.-No. III.

~ o reAeaing Perlon can cat an eye over the
vatt country Of the United States, mark the en-
terprize Of The people their ardeat love Of liber
ty, attachment to property, and rapid PoPula-
ton, without feeling a foil coRvidiOn that a
ilrong governments eG:nlai 70 prefrve thele
extentive regions IN y nioD, and g liberty III or
det," as our great Warrington remarked To
lncreafa the powers Of the leg Nature, might in
create The danger rather than iecuritY. TO add
70 the powers Of the executive, might create
laFm, without u1e. To extend the powers of
the Judicial department, is obviou1y the enly e.
fe6tual and faie remedy for the evils We feel and
fear. This department has ia all countries, aad
10 all governments, been The BET guardian Of
legal rights il is the mot enlightened, the mott
independent lin republic the mot relponfble
and the LAT corrupted. To this department the
Eagiilh owe all th-ir berries, independence, Re
curity Of natural ri 5hls aud public credit; It IS
in tIa The naiu pillar which fupp2rts an ih-g
hold dear. And is not luch department. with
equal powers more efenliAl for this country
than for that? Il mott evidently is, becaafs
our executive power !, more limited. Such ex.
t>niive powers IA the judiciary, u not only nee
ehaty TO guard the legal rights Of the citizens,
but Is a ch..ck upon the ether greatde partments.
IL i at once the fhef aud the mott powerful
check L IS the organ of law, it is in the habit
of appealing 70 the letter Of the contribution, 10
atccrtain the rights Of the people its character
and responsibility do not permit it, Ike twfica
legiilItors, who hold their Office tor a lhort
period and therefore too often aiming to make
the mott ule Of it with linfer views, to pervert
contitu;ioDal principles il is Influenced by the
ltrong motives Of honor and interelt to prelerve
Hraight line OF conduit. 1t may therefore Be
properly called the natural friend TO the equal
rights OF the people, and the true guardian Of
the conHitatiOn. Why then il will be afked
are our leading men, jealous republicans,
Our jealous lentiHels in CongreE, whole difcern-
mcnt is 70 keen, and whole ardour is 20 great
as to tart at the lbadow Of encroachmsnt from
the other departments, yet are perfealy quiet
and fearlels While Ii. lie 5i0ature cxercife, a iu-
dicial power which defroys the real principe of
a genuine republic, government Of laws
1t originates i'd the common feelings of men,
that power Is fate in then own hands. This IS
the germ OF corruption and defpotilm, ard IS
the mot threalling danger thar alarms reAaf-
lHg men; il creates ditrnR in the lcgildtufe,
whith ought to Podefs high and uoiverlal con.
| tiience. Such judicial power which embraces
all the proper objeas, would remove the df-
uuit in the legi14ture, ard thereby arengthen
its hands, by increaiing confidence in all its ads.
10 neglect this is 20 leave the door open for
ever evil work, and finally for the entry Of
monarch. TO this cataGrophe ;hings and events
are rcn3ing and fsem to progrefs without any
alarm or opPoGtion. One feIionofCougrefs clap
r. alter another. parties Sdebates grow warmer,
one guard to {" liberty ond law" IS removed
fFora ne contribution, BY taking away the right