Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-02-13

The religious psrtcuiioo OF the clergy on the one
hand. or the political violence OF the judges on
III: other. -
But viii forlear making any further re-
marks of this kind, and 60 into an examination
Of the conAiiutionsi grounds.
Gen. Jackfon here quoted the sd Art.
IN. Sect. of the Cooftiiution.
Here then are two tribunals. Firh, The
Supreme court, the creature OF the Contribution,
the cestuie Of TIE peefle; the other, rhc inferior
junidttions, the creature OF the lsgillstafe.
And notwithstanding the play Of gentlemen up
on the words BaH and mey, they are 10 mean
ing eIentially different. The word GaH, appli-
ed to the ippreme court, is imperative and COM
pandng, while the word may, applied TO the in
ferior courts, j, Discretionary, and leaves to the
leeiilMure volilion TO aet or not TO sa as il
fees &C..
Again, why are the peculiar and excluGve
powers of the fuprcme court defgnaled in the
following iettion of the Conaituiion, bot be-
canfe the Contribution conGdered that tribunal
as abfolately eiabliihed; while il viewed the
inferior tnbonals as dependant upon the will Of
the legillature. Aud thar this was the cafe, was
evident from the conduit Of the Supreme court
on the Penfon act, which. that court had fome
time 6nce declared unconstitutional, and which
declaration, he was convinced, would not have
been hazarded by an inferior tribunal. az
Bot does this coaclufion ref on Judicial
power alone Is it no where elfe found under
other heads of confitutional poweri Yes, fir,
under the lcgiiative head Of power, which is the
fira grant OF power made BY the Coaitito,ion.-
For by the 9Th fcttion of the If article Of the
Contribution, af,er enumera;ing the powers OF
laying taxes. &c. il is declared in the 9th divi-
iioa thereof, TO extend TO conaitate tribunals
interior TO the Supreme court Here then Is
Legislative power given expreisly to that body,
without reitrittion or application TO any other
branch OF the national government. Let thofe
lawy eIs who hear me, decide on the coDltruetion
OF all grants or deeds, il two grams be made in
the fare deed, 10 two different powers or per-
fon,. if the hrf does not excluGvely vcit !
Is theie Gngle argoment, that can be az.
fgned 10 oppoie this ccnfruttion of the conai-
tuition DO not the obieryatons OF gentlemen,
who ithlf upon the permanent tenure OF the jp-
dicial Office. place the creature 0bove its cIea-
tor, man aboVe his God, the modei above ,ts
u:echanic,s A good mechaoic, ~hcn he con-
Rrueis machine, ries il; and it it does not
fucceed, he either rends or throws il away. Is
there not the fame neceility toi atting In the
fame way with the interior tribunals OF the u
dietary, which is no other than the machine Of
the lesiilaiure.
But upon the principles OF gentlemen the
law which creates Judge cannot be touched
The moment it is paGed, it exits to the end Of
tine. What is ,l,e implication Of this doctrine
To alter or amend what may greatly require
alteration or amendment, il is neceGary 10 re-
torn to the creator. and to enquise what this
creator is. My principle is thar the creator !,
the people themfelves; that very people of the
United States whom the gentleman from New
York had declared ourfelves to be the guardians
os, 10 fave the people themlelses from their
greatca enemies I; and to fave whom from def
troying then,f.lves he had invoked this Houfc.
Good 9 ID, faid MIR. Jackfon, is it poiIiblc that
have heard fuch a ientiment, in this body !?
Rather ihculd | have expected to have head it
founded from the deipots of Turkey or the de-
fcr,s of Siberia, than to have heard il Uttered by
an enlightened lesiaator OF free country, and
on this aoor. 4
Bus lsr us examine how we are TO get At
the creator. If the hon. gentleman will put us
into the way OF doing this with effect, will aban-
don all my arguments for this motion. Look
TO the confitution, and Zee how it is to be amen
d-d IL can only be afoendcd on the recomuien-
dation OF two thirds of both Houics or on the
application Of Two thirds Of the Rates, conven,
ton fhal be called, who are to propoie amend.
ments, afterwards 10 be ratified by three foar,hs
OF the tares.
There is 6rit then required two thirds of
both Houfes of Congrcfs. Can this two thirds
be found now. or is there any probability OF its
being found for 10 years TO come, who will con-
cur in making the neceiIary alterations in the
Judiciary fyRem that are now, or may hereafter
be required On this fubjesa there arc as many
opinions as there are pehons on this aoor. l
have indeed never found two perlons precifely
agree. How then can we expect three -fourths
OF the legGatores of the feversl fMes TO agree
when We canno, agree among ourielves. There
is in fatt no amendment which could reach the
cafe, aad exhibit to view all the requ6te and
necelary regulations for fuch an extent of coun.
ty.-Such an atte,npt NUT form a volume,
eooaitu,ion BY isisf, and after all fall ihort Of
the ohjcet.
am clearly, therefore, of opinion, that if
the power to alter the Judiciary iyftem vets not
he'e, j, Vets o, where. 1t follows from tte ideas
Of gea;emen ,ha, We NUT iubmit to all the evils
OF tho prclast y fen, though it ihould exhibit all
the horrors Of the inquidtion.
But gentlemen FAY the United States EN-.