Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-02-01
TUDIcLARr ESTABLLSH1ENT.

JUDICLART ESTABLISHMENT.
prefume SIR, ] introduced the relolution now
under confederation, afign my reafons for wihing
repeal Of this aw.-This lhall do; and ihall en-
deavour thew,
.. 1 hat the law is unnecefary and improper, and
was 70 at its pafage; and
That the Courts and Judges created by H. can and
ought he abnhihed
nj. That the act under confederation was unnecef-
fairy and improper IS, nv mind, no difficult efk TO
prove NO incveale of courts Judges could be
ceary or juifabe uulel the exiting and judges
were incompetent 70 the prompt and proper dhcharge
Of the duties coniigned % hem To hoId ont thew
OF litigation vhen ~ flt ift,e exits, mat Dc impoli
tic ana t0 t.1y r4pe1re lylems and cttae hOtj5
IF expenhye officers, without having experienced an
actual necelity for them, EuR be wantOn waite Of
the public trea ure.
Tie document before us 0ews that at the paIage Of
this atl the exiting courts, only rom their
ber but from the fuits depending hsfole heH, were
fu'y competent fpeedy decifon Of thole lui,sIt
hews, THAI on the 18Th day q june Ial u Re were
depending all the Circuit Courts Chat 81 IIa,ylH4
only excepted Whole docket have been lu-uith-
Cd WITH 1899 Iais X ihews taat g. uits q every
defcIipuon have come before thofe courts 10 ytars
aud upwards From this il appears that the annual
average amount Q! fus ha, been about SEQ.
Blu lund,y contingent things have corfpred iveIl
he circuit court ,,kets In M4ryi4rd Yrgiu.1. and
IL al the fouthern and louth- wcGcru Gates great
runher Of ius have been brought by Bruh creditors
this lpecles "a controversy i :tea.Iy Al eud.
Ip Pezg6t-ui1 ale dorket las Been lveIi1d lily prof
ecut'ons " ccnltquenr nf the Wcrern rnlurrt1,cn,
by the difturhancts B4t-s Nsytter5g4 counties
AID by The acdltign AT. TAeil fad amount IN this
State 70 ale fuits.
In K.afas(y non .r>idcnt land claimants have gone
into the Federal CoUro from temporary convenience
becaule until within wear or TWO paa, there exGed
Il ,t "a -rN
whole State Gud ,.o, that .f hr OK handles ana
odd iuts lus which have been commenced there, 100
Of them have been prycquons under the laws 81 Tie
United states.
ID moi Of the States there have been profecutions
under the seditlon A9 Tins fource OF Irrigation is
number Ct iui;s have arilen under the excite law
winch fource of controvcrGy will hope, before this
f-lIon terminates, be alto dued up.
But this fame documcn. dilclolcs another nporta7
fat which i that nevertheless All thtlc untoward ana
temporary iource Of federal adildica ion the lut7
thoe courts @1egf.g; FIR from the dockt- -,hib
tied Except Ke1tu1ty and TeazTs whole fu.ts
med up the aggregate appears that I799 there
MAS and IN Be- there 681 fats cOmmenc-
cd ihewng decreale of 585 iu3t,
Could it be nc tiia-y hen HsrsaE corrts when
fsts d.ve Jzg F.? Could il be ntccdlry multiply
Judges, wheR The duirs we're dimnilhng And viii
not be ju1fed the efore ID aFi n11g that tc Iaw
imp elton, when th.y mu tiPGed -u4 Judges
time when lii CATION altu4 dccrtahlg,
But Sir the decreafe W buGnels goes C1-iI w7v IN
fixing my opinion on this iu'ject- an Inc me-. 10
think that to far from there having tcen nece6.y
This time for n,yeale Of and Judges; ihs the
time never viii arrive when Hss ieI viii A4nd in need
Of SO federal judges. Look, T, your Contribution,
and fee the jullclal power there conhgned federal
courts, and leriouly ak yOurrif, here be fairly
extratted from tnoe powers lu1eSs Of litigation lutli
cent for luPrcmc and AZ inferior court judges 10
it appears imPUiiibe.
The judicial powers gwen to the federal courts were
intended by the Contribution TO embrace, cxc'u-
fveiv iubjeGts of Irrigation, which could with prOprety
be left with the State courts. Their jurdictIon
intended principally 10 extend 70 great national and
foreign concerns. Except cafes ling under the laws
Uf the United States 40 not At prtien recohcct but
three four kinds in which heir pow.r extends
Iub6s Of litigation il which private pcrfons only
concerned. And can il be Pollb'e ths- with uril-
detion embracing 70 fin "a portion Of private htga
ton in great pare Of which the courts might and
ough; participate, that tand m need OF SO
judges and cxpend in Judiciary regulations the annual
FUN Of 8 1000 dollars
No other country, Whole regulations have any
knowledge Of, mrnhes Example Of ~ Rem 70 prod
igal and e1ttni,e. IN England whole courts are the
boat and fad Ne the tecurity Of The rights Of the
nation, every knows there but JUDGES and
principal courts Thefe embrace n their orr
gnal appellate jurlidi&ton amol the whole circle Of
human concerns.
The Kings bench and Common Pleas, WI oh confi(f
of Judges each entertain all the common law futs Of
4oC and upwaros, originating millions Of the
moa Commercial people ia the wor a. They moSeuver
rcve the proceedings Of not On Al the pity courts
VI record ia the kingdom, down the courts Of
picp3nd7e but ALTO of the court 0t Kings bench III
Ieiazd and heie iupreme courts atts centuries Of ex
ycriment, found be fully competent 70 ali the
bU.nels Of The kingdom.
will now inqsre mo the power Of Corgrels to put
dowR the(e additional courts and judges.
III. As % The Con ts-Congrrts are empowered BY
the Contribution from time time, ordsin and
elabliih inferior courts" The act now snder conf