Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1800-05-05

OF the people 10 appear 10 tue Iudicial depart
ment for deeiGon OF their lsgal demands Upon
GATES, By ibis deadly ltoke, The citizens have
lot their bet feeurity, and the jaci1ial powers
are con.raded to degree totally Incompatible
vi h a government of laws" No fubfitute
hls-been oHeteJ, or even proPof-d (rhat we
ever heard of by Congrels, or .fuggcRed by
the profeaionslH sPublcans. Thus VIC have
Teen that the Department; moa eaenliIl to equal
liberty, which was at fra TOO limited has been
greatly contracted, and its powers afforded By
the Legislatures. DO we not fee q conaaut eff
fort ii fome quarter 70 lefen the powers Of the
executive ALTO, and to add them 70 the legila
ture When men view the whole face Of our
government, do they not fee dforgarizing
tendency Ii will, we believe, BE conceded W
ali that the legislature, even If perfect III integ-
rity, is wanting in many qualifications for a
judicial court. Is it not evid Mt then, that its
coatinuIog the exetciie Of powers for vh7h it is
unqualified, with al the bsfere mentioned Oh.
jtttfons, has dliorganizing eaed upon our
vhols political fyltem, by weakening I'll ties.
ard all checks il? Does it not leiIen the refped
and confidence of the people ia it How foici-
bly, mutt ali thinking perfons be affected with
the incoEdaehcy Of he legi1nures ereairg it,
lclf into court 10 decide upon the demand IF
creditors founded upon its contraas, in which
court they are not permitted to argue Their
caufe, nor 10 employ council, or produce Wit
nei-s Would not fuch A court appear 60
all perlons rot in the habit Of fleeing It, as a
mockesy Of Juice Il is in vain 10 fay, they
may argue their cauie before committee. AS
well might lmall committee from Jury hear
the The parties and Te2crt the cafe. Are the
SPanih courts Of irquiti ion, more irrecoo-
cIiIabie 70 the principles Of fee government
ana proper Judiciary? Why then do our re
publican members namber over this limb Of
delpotiiIn, this bane to liberty Syto legal rights
The Legislature being 70 numerous, individual
re!ponibiiity is next TO nothing hence the
greater danger from its exerciing the judicial
power, IS the injured citizens cannot know
who were the judges It dilcoverel, The df
honor being divided among 70 many, It pro
dnces lt;le ef,6 Hence no political truth II
] more evident, than that the legihature fh0ulG
be confined to the department Of legiilni6n.
Nothing IS more certain, than that the ancient
as well as the modern republics, lolt their lib r
ties by an inattenti0n 70 a proper diviGon Of
powers and not giving authority efficiently
| extenfive to the judicial department. 1t is
qually certain that the & me error now exits In
this government, ard porteads its ruin. Many
"a rs have occurred within few years, and are
daily recurring, which forcioly urge th.fc feaii-
ments, and ought deeply 70 impress them f.
ven at this time We are told (blt as we live near
a remote frntieT, and many hundred miles from
ConSr,fs, We % not know the PARTICULARS peo-
pc raGJing by ,he NGEdp2i are applying TO
have ther rights tg ianI af.eryaned bar by
iealon OF legislative vlurPations, there Is no
power in The Union 10 dsoi ie legally Is it not
egdznt that il the rights Of the put hafers Of
that country are NOT Immediately decided in a
legal way, rhat The feeds Of inTurreaion and
var Will BE- iown il thar exiendve and fertile
region? TEat country being evidently defined
TO become the mot popnlous part OF the Union.
and 4, many motives exia TO draw em2 rants ID
il, if the claims are not foon leltled in a legal
manner. the injured purchalers and pre(-nt oe-
cupiers, ltmulated BY The frong motives Of in
tTets, and fenle OF injury, may combine their
efforts with enterpriing citizens and foreigners
to form fettlements, and hold out flch induce
mems to-all who with 10 f.ek their fortunes or
a le!tlement there, as will iniure a rapid popu
latioD. IS il compatible with any wildom and
roreG3ht, to leave this watt concern to take its
courf= without An amicable deciliOn, conf0rma-
BIZ to law, an the contribution Can any mo.
tives TO procraainate exit o,h.r than vi.ws of
speculation il the lands Does not the long
exiting aud yet unlctted confulion in a large
dRria Of Pennsylvania, BY realon Of Gmilar
errors in government, read ferrous lsGon to
Congrefs upon this fubjed
The fcale for the operations Of our govern
ment is 70 ex'enGve, if the minds Of our legil4-
tors are not capacious, they cannot reach it,
Little c4lcnlators may legilate for an ifland or
province, but the weltsrn world requires minds
ID proportion % its limits, Painful therefore is
the appearance Of pudding melfures unworthy
OF the high deltiny Of our nation.
ACIREMA.