Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-02-08

creature OF the legislature. And notwithstanding the
play Of gentlemen upon the words baB and s7ay they
are ~ meaning cltCniiaiv different. he wore pm apr
pied ~ he tuprcma court, is imperative and ooEizud
ing while the word aay applied the nteriorcourts,
y Discretionary, and leaves The Iegin4ure voton
70 act or not q at As i fees lIt.
Ag4in, why are the peculiar and executive powers OF
The iupreme court Gebgnatrd the following fiction Of
the contribution but hecaue the contribution conldered
that tribunal a. absolutely etablfhed while il viewed
the inferior tribunals dependent the will of the c.
gAatHre. And that this was the cafe evident from
the conduct Of the upreme court on the PenGon act
which that couft mad Tome time hnce declared uncOn
tutonal, and Which declaration he was convinced,
would NOT have been hazarded By an inferior tribunal
But does this concluhon rea judisal power alone
Is It no where ee found under other heads Of conAi
Iutlonal power Yes, Sir, undertake Legislative head Of
power, which Is the fra grant Of power made bv the
conittuton-For by me 9Th le6tien Of the m article
OF the contribution, after enunerating the powers of
laying taxes, &c. it is declared in the OH diyiGon
thereof, TO extend to contatc tribunals inferior to
the Supreme court" Here then is a legislative power
gwen expressly 70 that body without rtlricfan or ap-
p!icaron to any other branch Of the national govern
men. Let thoie lawyers who hear me, decide, on the
contradiction " all grants deeds, If two grants Be
maze n the fame deed, different powers Or perlons
ii th5 Er} does not excluhvey ven
Is thee Angie argument that can be Aligned 10 %.
POKE this cor u-ton Of The cOnitiuton DO not the
tenure @ ne judicial ohce, place the creature above
Pc creeor l1An above bis Cod the model above It's
mechanic q good mechanic when he conAruSts "a
Mace Ri tres and he does not :ucceed he eiIher
ht"s In t"rI rs 4 away i there not the fame
ctliY ter eetng the fame way with the inferior TIL
buna oi TIE Judiciary, which 10 other than The NE
chanic Of the rg.nlturei
Eut upon lie principles o! gendrmen. tile law, which
creates Judge, cannot be touched-the moment il Is
PaAedi II exits, to the end Of time. What the imp
SAuor Of TINS doctrine lo aiter or amend what may
gie4'y require alteration Of Amendment i il neceiary
70 the CREATOR and 10 inquire what his crta-
or In NY Princip j., that the creator !, the people
themleives thar very people IF the United States.
whom TX gentleman from New Yark had declared
Ca-vcs 10 ue the guardians Of fave the people them
Selves from their greae0 enemies and 70 fave whom
from 'citroYnG themlevrs he had Invoked This hcule.
Good Cod, fad Mr. J. Is II Pebble thar FIVE heard
il,h a ienIiment, 10 this body Hsther lnoud have
expected TO have heard il founded from the d5pJs Of
Iltkty or the dears q Siberia, than have beard
utteied by enlightened le siAaOr Of free country
and oa IT, floor
But et rs examine how We are to oct At the creator
I3 70 TIC couauton, and re how il i u u amend
c1 !, can only be amended " The recommendation
~ tTJ hrG. ~ both HOules Or VI Tile Application W
thirds If lie Ratcs A convention nan W called,
who to propJe amendments sfrcrzrds to Be rati-
h1d by three fourths of the RAtes
ra-rc Is hrif, thcl rtourrd two t1;rds az hoth
nuv Is there alv probability al its heiug found for
;w-Dy years 10 come VII will ,orcr fa g,atipq the
el4ry alterations w t-s iad c.1,y f.Rra. that Az
NV. " nav Lcr-altcr be ree aired On a fabieGt
ire utay Opinions a. there are p1roas on this
door. have, iGltet. reger found tvs 3erlons pre-
Clr'y selr1 n NV tIen can Va cxr.,l three four1bs
~ The cgiature of The fsverl as.es 10 gree when
rann0t s,rle among oul fzvt. -Thcra 10 in flJt
no amendnln', which could rcach the cal. and exhi
n,t view an tl- reouiGle ana rreFsfv reenations
la- uch 90 extent Of country--Sn.h an sitempt mua
form um= CONT, ugion By itlef and after all fail
G'otr 81 the olj-3
clearly therefore, Of opinion that ff the power
w TIE udliary fyRem Yea. not here il vets ~
where ID follows, from ,hc ideas u gentlemen that
we ml4 iuamt 'ro All the evils Of the prefcnt fyiem
lo' ID lhoud Exhibit All the horrors Of rhe inquEtiou
I'm, gtnsitDcn Gly the UNI ed state, eu1brace van
c1.-nt ri rrtoTy, from 800 10 r7oo mss ia Ienpth
N-4t il t4e qtvll4blc dedu lon 70 be drtwn rom
th's a1t VIZ II that Is ten whic IS to ,pDlv to this
l1'rnt = conncy em5. acme different aus and differ
en- HABITS, viii rtqsrc frequent alteration; whereas
II we are tied down 4 lyl1m Of inferior tribunals
once tOrm-d, cannot even touch the plan Of the ~
diciai lytem OF the Iittle DlrGt Of Columbia Nor
z an we touch the inferor jIrildctons the North
WcN6rn Territory, or in the MIilipDi Territory ir