Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-13

rior court udges?-To me 1t appears I'm
pofih'e. -
The judicial powers given to the fe-
der.l courts were never intended by
the Cona;:ution TO embrace, excluiively,
luaaiects of. litigation, which could with
proprie,y be LETT with the State courts.
Their juriidittion was intended princi-
paily TO ex:erd to great national and
foreign concerns. Except cafes ariGng
under the laws Of the United States !
do notSeP rehtHNls1uAett, bot three or
four kinds in which their power extends
to fubjetes of litigation, IN which prl-
va,e perions only are concerned. And can
i, be po;Nole, that with a jurifdit';cn en-
bracirg 70 iirail portion CT private
litigation, in grca, part of which the
State courts might, and ought, TO par
tic:pate, that we can fsnd in reed OF
IS Judges; and expsnd in judiciary re-
pulations the annual fun OF $1,000
dollars?
No other country, whc1e regulations
l have any knowledge Of, fulaiihc' al
example of a fyGem 10 prcdigai snd ex-
tendve. In England, Whole courts ere
the boat, and faid to be the iecuIlty OF
the rights Of the na:;cn, every man
knows, there are but IL judges ard 3
principal courts. Thefe courts embrace
in their origina. or appellate juriid'ttion
alnoR the whole circle ct human con-
Germs.
Tie Kings bench ard Common
Pleas, which co,Gi Of 4 judges each,
entertain all the common law fats of 4os.
and upwards, originating among 9 mil
lions Of the mott commercial reople IN
the world. They moreover revife the
proceedings OF not cnly all the petty
courts of record in the kingdom, even
down to the courts of Piercndre; but
a'fo of the court of Kings bench in Ire
land and theic fuprene courts, after
centuries Of experiment, are found to
be FULLY competent to all the buhneis
of the kingdom.
will now inquire into the power Of
Ccngreis, to pa, down thefe additional
courts and judges.
1T. AS to the Courts.-Congreis are
empowered by the Conititution ." from
time to time, to ordain and etabliih IN
ferior courts.'' The act now under con-
liberation, is Legislative easl:t"tza, of
this claule in the Contribution, that Con-
grels may odoG@ as we'll as create thete
jaaicial officers; becaufe, it does ex-
prefsly in the z7sh feeaion of the act,
n6oI;D the then exiting inferior courts,
for the purpc!e of making way for the
rrei,nt. This contraction l, contend
is correct; but it is equally pertinent to
my object, whether it be or be not
If it be correct, then the prelent inferior
courts may be abolithed as contribution
ally as the lait; if it be not, then the law
for abolilhing the former courts, and ef-
tablifh;ng the pre{ent, was unooneituticnal
and confsqucntly repealsble.
But independent ct this legislative
contraction on which do not found
my opinion, nor mean to rely my argu-
ment, there is little doubt indeed, in my
mind, as to the power of Coagreis on this
law. The 1T. ieeticn Of the third arti-
Gle vets the judicial power of the United
States in one iupreme court ard ./xeb
inferior courts as Congre!s may from
time t, tine, ordain and eRaoIiih. By
this claufe Congrefs may from time TO
time eRahIiCh inferior courts but it is
clearly dfcreticnal power, ard they
nav not e,;ablih them. The la'iguage
OF the Contribution is very different when
regulations ere not left diicret!onal.
For example," The trial, Jays the Con-
ftitut;on, Of all crimes, Except in cal
es of impeachment %aA pc by jury:
Representatives ard direct taxes Full
be applied according to number. All
revenue bills Fall originate N the liouie
of Representatives,, &C. 1t would
therefore in my view-be preiervalicn not
only Of language, but OF. intellect, to
fay, that aItho' Congrels nay from
time to time eAablilh iu!sripr courts,