Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-11


courts Of that country; particularly the
parliament Of Paris. The body Of mem
bers was very numerous, and as it was
neceaary that all royal editts, before
they were TO be conddered as laws,
! fhould be regifered in that court, they
claimed the right of celebrating and de-
Gliding on the regiaration of any edia Of.
tered by royal authority, and con.e-
quenrly Of permitting or refuGng il the
ianttion of law. With this claim thar
body certainly became dangerous to the
exiting government, and the eon.ei
which enfued between them and the
| king on this fubjett, had no doub, a
powerful efeSt III Precipitating the la,e
revolution in that country. Bot there
is nothing in all this which can be sp
piled to the courts OF the United States.
Let me ohferve, fir. thar there has al
ways appeared to me, in the fyfem o.
1898, which is fought to be reaorcd, !,
'ery great and msniiea impropriety.-
The circuit courts were in that iyaem,
ehough fubord,nste, in fome mealur.
blended with the lupreme court, one oI
more Of thei Judges Of the fupreme cours
being always Judges of the circuit courts
- This rendered the fupreme court a
aaetuating body, lome efthe judges o
the iupreme cesrt being always exclud-
ID in the deciGon of caufes coming b.
appeal from the different parts Of the
United States. And when two fuprene
jrdgc. held the circui. courts, of Tx
four remaining Judges, who were to de
eide on an appeal, three might reverfe
i. Judgment againa the opinion Of thr'
fourth, and the opinion of the two
Judges in the circuit court. This has
always appeared to me, TO fay no more,
very g'arins improperly in that fyf-
tenn. The circuit courts under that fyf-
| tenn have indeed been compared to the
Nii Prius courts in England, but the
| aish,rN attention will convince any one
ha, thsy do not compare. The circus,
courts il our fyitem are courts of ofigi-
nal and diisintt jurifdietions not 70 the
courts Of Milf Prius in England-they
are conGdered as branch of the fueer;or
| courts at Wetrninher, and are held by
commiAion Of aflize ufually iGued ts a
Judge Of one Of the luperior courts, and
an sHociate for each Of the ny circuits
into which England i. for that purpofe
! divided. When a cauie 10 any Of the
\ hyperion courts is by the pleading. put on
4 an iilue Of faa, it is with the record
tent to be tried at Milf Prius by a jury
of the proper county; infead of calling
Iup a jury TO try it at bar in WeitminRer
Hall. After the trial at Milf Prius, the
|verdiA with the record il RENTED to the
! court, out of which it was tent, and there
the opinion of the NiG Prius Judge and
the condad Of the jury are examined
! and confidered as matters paaing in the
fame court. Here then the compariiol
| wholly fails there is no familiarity be-
! tween the two iyaems, except that of a
Judge riding the circuit.
Here, fir, fhali wave any farther cb-
ferva,ions on thi, part of the fubjes,
and come to the great qaeftion which il
| is neceGary to decide Have Coogrefs
the confessional power to repeal the law
| as contemplated BY the honorable mover
| Of this refolution ! To abolifh the court.
| eaabihed BY that law. put down the
Judges and sbolilh their ialaries !? 1t is
| true, as was obferved by the honorable
gentleman from Georgia {Mr. Baldwin,
that the retaliation does not nece1alily
involve that queaion, becauie the re-
pealing act, if the sefolstion fhould be
| adopted, may be 70 modified as to avoid
any difficulty on the great point. But
! as the honorable mover avowed bis in-
.ention TO be an abolition Of the courts,
the Office, ofthe judges ADD their ialaries,
and q. the principal arguments have in
the courie of thn debate been directed by
tha, view Of the fubjett, / thsll be per-
! misted to confdcr it on that ground.
/ One burce Of argument in faver Of the
/ me,fure propoled, has been derived from
The powers csnhdered ~ incident to eve