Jenks's Portland gazette., 1802-03-15

putstica had been t5rnifhed their peace eDdan-
gered the mutual harmony had been ruined
or in very exteniive degree injured conf
dence in pecuniary tranlaaions had been de
aroyed, and the fprings of indufry had been
Proportonably relaxed. To theft circumfan
ces, as much, perhaps, as to any other, that ac
companied a defe Give focal organization, are
We to attribute that miferable and proarate it-
uaton Of our affairs, which Immediately before
the ehablilhmeur of our prefent National Con
ailutiou, filled every intelligent lover Of his
country with afiidion and modification. To
the inltitnion Of competent judiciary, little
leis than TO any one proviGon in that conEiru-
ton, is TO be afcribed the rapid and f4lutary
renovation of our affairs which lucceeded.
The enumeration* of the component parts
of the Judicial power, in the contribution, As an
evident eye TO the feveral objects which have
been Rated: And conG5ering their vaf mag
nitude, no found politician viii doubt that the
principal queaon with The adminiaration,
ought to be- how to give the greatef efficacy 10
to this ehential part OF the fyltenr:-in compafi-
lon with which the more or lefs Of expence, mult
be a matter Of trivial moment. The difference of
expence between an enlarged and a contracted
plan, may be deemed an atom in the great
icale of national expenditure. The fuiGm-nt
of the important eods in this part Of our conRi-
tutional plan, though with but. lmall degree
of additional energy, facility, or convenience,
NUT infinitely overbalance the confederation in
luch difference of fexpence.
The number Of caules which have been tried
in thele courts, as already intimated, can fur
iA but very imperfect tea by which to decide
upon this utility or necelIity.-Thsir eMHence
alone has powerful and Eluary efea. The
liberty 70 ufc them, even were il is MT exercd-
ed, infpires confidence in The intel courfe of buG-
neis. They are viewed as bene6cent gaurd 4
ianS whole protection may be claimed when
neceflry. They induce caution in the aaie
courts, and promote in them, more attentive,
if not a more. able adminiar arion Of ja0iac
though in fome difri6s Of the union the feder.
al courts are feidom relortsd to, in others they
are ufed in an extenfve degree particularly rs
between foreigners, and citizens, aud b=tucen
citizens of different Gates.
That their organization throughout the Uai
ted States ought to be uniform, will not Be &c.
MED and it is evident that i ought to be re
gulated by the ituation Of ihofe pats in which
greater degree of employment denotes the
conrts 10 be met necelIary OF conlequence,
if the quantity of bulineis were At all a guide,
the icenes in which there is the ereateH On
ploymert for the federal courts, ought 60 tur
NTH the rule Of computation it ought not to
be fought for in the aggre gate Of bufnels,
throughout the uuion-In reference TO this
point it is Iikewile material 70 obfcrvs, that,
from the manner in which the federal courts
were conitituted, previous 70 the lat arrang
ment, the organisation of the late courts was 70
much better adapted to expedition, AS to afford
- arong motive for giving them the preference.
The eaabliIhment Of circuit courts, as now mo
difed, will vary thar circumaance, and there
fore atirad more bufrefs but it is evident thas
it NUT require cou5fe Of years fully to exem-
plify its operations, which cannot be lren in a
Jingle year. To attempt, therefore, to draw
important differences from the lhort experience
hitherto had, is worle than puerile.
LUCIUS GRASSES
:" Sec H. The judicial power 1ha extend all
cafes in law and equity, zring Under the Contribution
the laws of the United States and trcatics made or
which fhall be made. under iher authority te1 all
cafes affecting ambaaadors, Other public minacrs
oonius all cafes of admiralty and mariine iurl-
di6tions controversies in which the United States
ilall be party t conroverfe between two or more
States. between and citizens Of cfate