Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-20

4
in relation to the returns from the CIRCUIT
court Of Connecticut, and | prefume it
nult be, becaufe it is derived from the
clerk of that court, the return on your ia
Bile is not the return which was fent to
the executive from that Circuit. That re-
turn included the names Of the parties in
each action now depending, and iii had
been fent to US unmutilatedit would have
appeared, whether the aggregate of caules
had been truly extracted, and it would
likewile have appeared, who were the de-
PENDANTS in thar court, from what ciafs
Of .cirizens the PreGdent had made the
late executive appointments in thar fate,
and who the perfons were, who are now
probably afraid Of federal jufice.
But, fir, this document imperfect and
erroneous as il is, till proves (if indeed
it proves any tling) the recetiisy of theft
courts IT proves that much buiinefs has
been tranfaeted in the national courts, and
that much remains TO be done.
Bat if the buGne(s was much lefs than
it really is, could that confederation af-
ford any conciadve arguments againa
rhe Evidence of the courts. This / be-
lieve, is the hrf time that the utility of
courts has been reaed by the number Of
caules depending in them. 10 country
70 commercial as this is, and embarked
info many enterprifng Furfoits, in which
foreigners are concerned as well as our
own citizens, it's inpoaible to prevent
the exiaence Of difputes; and if a fmall
number Of fuits only have been carried
into the courts for deciGon, it proves
either that the courts were 70 badly Or
gained that juaice could not be obtain
ed in them, or that jufice has been 70
well administered that men have been in
duced to do julfice to each other without,
any appeal TO the courts.
But all this enquiring ipto the number
of caufes depending or tried in the courts,
tends more to embarrafs the queGion than
to guide the Judgment in its deciiion. 1t
is not important to be informed, how
much bufinefs has been or may be done in
the courts it is fuAicient to know that
the exiiteace Of national courts is not only
necedary but expressly required by the
contribution, and that they mutt be 10 Or
ganized as to render jufice fpeedy and GER
tain, to every man who has the right TO
apply for it, and whit it is both proved
and admitted that the old arrangement
could not iecure this Object, and that the
new one has greatly promoted it, it matt
necedarily relult that a determination to
dehroy the one and reGore the other, can
only ariie from a fpirit hottie TO the Judi
cial power Of the union.
/ will, however, detain the COMMITTEES
40 longer upon this part Of the lu5jett,
but call their attention to the prelent bill;
i mean the constitutional right of the
Legislature to dearoy the judges by re-
pealing the law which regulated the
mode Of their appointment. Aad here |
takesthe liberty of oolerving that l feel
no terror in approaching this intereit-
ing quefion. Its Importance can only
animate US in the enquiry, and Emulate
our Jexertions in the defence of truth and
the contribution. Nor an / inundated
by any Arguments which have been urged
in fnpport,o Of this novel claim of the legii,-
lature, bscaufe thoie arguments, in my
judgment, have been as often refuted as
they have been urged.
With the gentleman from Virginia
(Mr. Giles | believe that the powers of
rhe Legislature maa be aicertaind by the
words of the c. Intuition itfeif. With
that geatlenan | think that this inaru-
ment is expreEad in clear and uneqlivo-
cal language. And he cannot admire
with more ardor than do, the wildom
Of the FACES who formed it, or the pro
ytEaps which IF con+s;rc Tn1aaJ C..