Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-21
Genugrefs nf tDs 1initen stats.
HOUSE OF REPRESENTATIVES,.
TbuyLldv. Fe5ryQry 2 (.

4feOHIC on bNE O1sS fCtsf'Set : S<fS 80
emitted g IN A19,t0 repeal certain alzs
rslbeamg tie 0ygaaizatiaa 81 tas carts
effbe y. States
8 (16r. Gygf1oola' Ibsec5 eoutiausd.
The courts in which the judicial power
{hall veR are defignated by the following
words, g TIE ji4dieiel po4uer o1ft5s Uui-
ted STATES ./6aA BE vsqsd in oas Japteue
court and H. faeb nfsyiyr toayts a, tie r0u-
grsls may from tine 10 tims 0raair Gra
ta6Ijb." 1t is evident both from the fub-
jea matter of this article, and heexpref-
ion which | have repeated that the trainers
of the contribution only intended in this
place TO difpole of the judicial power and
10 authorize the erection of courts by con-
erels. The words g iuch inferior courts
as congreis may from time to time ordain
and efablifh,' were never intended TO.
convey power TO congress to efablifh
efuch courts, bccaufe thar power had been
already given in the 6r!f article of the con-
iitution, TO which Ihave before directed
the attention of the committee, and no
furplufage can be found in the inarument,
and becauie the Object of the expreaion be-
ing to yeit the judicial power in certain
courts, the iubjea matter does not admit
: of any fuch contribution. The expreiion
then plainly intends nothing more or lefs,
than this: the judicial power fhall VET
IN one fuprene court and fuch inferior
courts as Congress, under authority of the
firff article of the contribution, fhall eitab-
lifh. 1t is further to be remarked that
The exprellion prefuppoles the exifence
both of a fupreme, and Of inferior courts,
and the article containsno imperative Ian
guage commanding the organization, Ell
Their of the one or the other. The provi-
iions of the article likewife require as
much the exiaence of interior, as iu-
preme court, becaule the words which de
fine the juriidiaion of the lupreme court,
giving to that court an appellate jurildic-
ton in certain cafes, cannot be fatis6ed
without the exiaence of inferior courts,
from whole decifons the appeals may be
taken; and the expreGon islelf, declaring
that the judicial power @aH vsf In iu-
prene and III Inferior courts neceRarily d.
vides to the inferior courts a portion of
that power, and renders the exifteace of
inch courts necenary for the reception of
the power thus delegated.
The inference which ] draw from theie
conderations is, that the fupreme and the
inferior courts are creatures of the confi-
tuition and not of the law; their exiaence
having been rendered necelary for the re-
ception ofthe judicial power. by clear and.
unequivocal language; that the Judges
when appointed, are ofcourfe equally the
creatures of the contribution and hold their
Offices under that infrument in as full
manner as the PRECEDENT hiiu!elf.
tits true that neither the inferior or
the fupreme court could have been orga-
Rized, and the Judges appointed without
a previous law.regulating the mode ofper-
forming the operation; and it is equally
true that neither the representatives on
this floor or the PRECEDENT himfslf can at
that time be appointed without the aid of
the law apportioning the, approximation in
one cafe, and directing the meeting Of
electors in the other. Indeed, Sir at the
commencement of the government it was
impoaible aud till remains 70, to obtain
the appointment either Of PRECEDENT, Sc
majors, or Representatives without the aid
of fate laws; but the man mutt be wild
indeed, who imagiaes thar theie officers !
are not the creatures of the contribution
becaule the mode of their appointment
has heen regulated by law, and in my 1
Judgment the man muf be equally derang-
ed who imagines that the courts and the
Judges are not the creatures.of the confti-
tuition, becauie the mode Of their organiza.
tion and anDointment has been reynla rod