Jenks's Portland gazette., 1802-03-15
From the Network Evening Poa.
ExamiRati0n.--NO. v.

mer admntratlOns, or Tor the lake OF gaming
popular favor by profuie difplay of extraor-
dinary zeal for economy, even our judiciary
ltaem has not palled unaAailed. The attack
here is not 70 open as that on the revenue ; but
when we are told that the aates Individually
have "brincibal care of our perions, our prop,
erty and our reputation contributing the great
field of human concerns and that therefore
zoe may zve d9abt qvbsfber or organization II not
tao complicated, exPsgifVs whether Offices aud
officers have not been multiplied unneceharily,
and fometimes iniuriouly 70 the lervice they
We're meant to promote" when afterwards it
is oblerved that g the Judiciary Syfem will Of
coure prefent itfelf to the contemplation of Con.
grels = and when it appears that pains had
been taken to form and communicate nu
Inerical liz of all the caufes decided lince the
frR eQsbli!hment of the courts, in order that
Congrefs might be able to Judge of the proPor-
tion which the inaltuton bears TO the buhnefs
with all thefe indications, it is not to be mifun
derltood that the intention was unequivocally
10 recommend material alterations in the fyC
tenn.
No bad THERMOMETERS Of The capacity Of our
Ckief MagRrate, for government, is furnilhed
by the iuc which be offers for judging of the
utility of the Federal Courts namely the exact
nuu5sr of caufes which have been by them de-
cided- There is hardly any hronger fymtom
Of pigmy mied than prepenfty to allow
greater weight to isconaary than to primary con-
liberation.
It ought at LEAH to have been adverted to,
that if this circumtance were perfect c'iter-
on, it is yet TOO early to apply il, Especially to
the courts recently erested: And il might have
merited reAeGion, that it would have been pru-
dent to wait FOR more advanced period of the
Pref lental term, to alcertan what influence the
great change which has ely happened in our
public jpntI:onarie5 may have on the confidence
which 10 many parts Of the Union has her eto-
fore been repoied in the State Courts, 70 as Il
prevent preference Of thoie Of the United
tates.
But 70 enable Us drly to appreciate the vii
dom Of tie projected innovation, it IS necefary
to review the obisds which were deiigned 70 be
accomplished blythe arrangement Of The Judiciary
power, as il is iesn in the contribution, and to
examine the organization which has been adop-
ted, 70 give elFed to thole objects.
II is we'll known to all who were acquainted
with the iluation Of public affairs when the cor
Aisutnn WAS framed, eud il isso be infe red from
the proviions of The infrument itieli, that the
obiecls contemplated were, It. To provide
faithful and elicacious organ for carrying into
execution the laws Of the United States, which
otberwiie would be a dead letter. I'd. To Te-
cure the fair Interpretation and execution ofonr
treaties with foreign nations. 81. To main
tain har mUuy between the individual fates !;
not only by an independent and impartial mode
Of determining controversies between them, but
by fruRrating the effects Of partial laws in any
one, injurious TO the tights ofthe citizers Of ano
Il n ~
vafioDs Of properly and right, by fraudulent
and oppreflive laws Of particular Rates, enfor-
ced by their OWE tribunals 5th. To guard the
righ aud coociiiate the conid snce offoreigners,
by giving them the option OF tribunals created
By and reiponfble to, the general government
which, having the immediate charge of cur ex-
ternal relations, including the care of our ma.
tional peace, might be expected to be more te-
nacious of fnch an adminifration Of jufice as
would leave TO the citizens Of other countries
no real eaule of complaint 9Th. To proteef
reciProcally the rights and inlpire mutually the
confidence Of the citizens of different fates in
their intercourle with each other, by enabling
them to relort to tribunals 70 conRituted, as to
be ehentially free from locaLbias or partiality
9TH. To give the citizens Of each Rate fair
chance of impartial luaice through the medi
um OF thoie tribunals, 10 cafes in which the ii.
Iles 10 property might depend on the confiia,
ing grants of different fates.--Thefe were the
immenlely important objects to be attained by
the inaitution of an adequate Judiciary power,
IN the government Of the United States. Nor
did its inlttntion depend upon mere speculative
opinion, slough indeed, even that would have
been luficieot to indicate the exPediency of the
meafure but experience bad actually, in
variety Of ways, denonRrated its necefity.
The treaties of the United States, had been
infraaed by late laws, put in execution by
Rate jadicatories. The rights Of property had
been invaded by the fame means, in numerous
initances, as we'll with refpe6t to foreigners as
70 citizens as well between citizens of differ
ent hates, as between citizens Of the fame hate.
There were many cafes in which lands were
held or claimed under adverle grants Of differ.
ent hares, having rival pretenlions and 10 re
sDe6t 10 which The local tribunals even If not