Jenks's Portland gazette., 1802-03-22

oceupI--r~iTh revenue, and admiralty cauies
beGdes the great employment cOllaterally given
70 the Judges, in the execution OF the Bankrupt
Aa, which probably muh encrease inltead Of
being dlmnlh=d.
Perhapsit may be contended, that the circuit
Courts ought 10 be abolhhed altogether, and
the bulineis for which they are de6gned, left to
the State Courts with a right Of appeal to the
Supreme Courts of the United STATES. Indeed,
it is probably that this was the true deiign Of
the intimation 10 the MeRage. n dLb9flioH TO
magnify fbe IMPORT gf fbs particular Saf-:, ia
asTegatisE jrom tbaf g sbs Uaasd Stats5 IS feature
in that communication, Mt to Be mihaken
But to fuch a icheme there are infoPerab!e ob
jsetions. The right Of appeal Is BY no means E
quail 10 the light Of applying, in the 6f inttaoce,
TO Tribunal agreeable TO the fuitor. The de
Elsratum is to have impartial jUdice, at a mod
crate Kpen5e, adminiIiered " promptly and
without delay" not 10 Be oblige3 T. f-k il
through the long and tedious an eKpenfve pro
oef- Of An appeal II IS ;rue, hat in oauTes Of
iufhoienI magnitude an aPplal oughl 10 be
pen which iooudes the poiibilry OF going
THROUGH that Pr1cels BIT when the Courts 81
original junidttion are 10 continued A. not only
to celerye bur 70 infpire confidence, appeals,
from the inevitable inconven ence attached to
them, are exceptions TO the general rule Of re
drei where The contrary Is the iituation, rhey
0tcome the general 'uie itleif- Appeals then
becoue multiplied 70 pernicious extent while
the difficulties 70 whieh they are liable, operate
III numerous inftauces as preveH alive Of iur
tice, hecauIe they fall with mott weight on the
leaf wealthy fuiror Il is 10 Be remembered
that the caf- in which the federal Courts would
be preferred, are lhofe. where there would exia
l1ms dHlIuf Of the State Courts and This dir
truh would be fruitful lource Of appeals. To
fay that thsfe could be no good oaale for this
dittrul, and that the danger Of il Is imaginary,
Is TO Be Enrr than experi=nce, and wiier than the
condituion The 6rf officer of the Govern
ment, when fpeaking il his official ca9scity, has
10 rig to attempt 20 be thus wife Ills dUty
exads Nj him that be fhouid RESPECTFULLY acquifce
il the and ideas Of that inttTument under
which appointed.
The i wonld be invidious, perhaps in
uriols !. elle It would Be ealy 10 thew, that how
ever great the confidence TO which. the tribunals
in fome Ct the States are entitled, there is juh
canle for fufp pcion as TO thofe Of others an5
thar in TefPea to Till greater number, il would
be ineEPedien- to delegate 10 them the care Of
intereits which are fpecially and properly con-
6deI to The Government of the United States
The plan Of ufing The Safe Courts as fnbfi
Iaies for the Crcuit Courts ot the Union, IS Ob-
jeaionzble IN another view. The citizens
cf he United States have q right TO eKPef
from Jhote who a5m nit er our Government,
the efhr4cou eHiDymen Of tAo'e privileges a.
fuiters for VII ch tie he-conanuti0n has provided
Ta. a.tzrHs5esz gsaa4 therefore. from t. { enjoy
q So tioie privileges, in origiaaHng thtr
IS to tie even IA and di.atory reooule ef
. = PPeai, IN gsss, tegree = defeat me cb
ffe - OonIeHtPla c1-This i a Conh1srati0n Ot
mgch fssl We gh', efPrclaly t. the n,rch-nts
il our Commercial 6ares.
In the inveRigation If our flhjaf, il is not
to be forgotten, that the right to employ The
gency Of The State Courts for eKecsting The laws
OF the Union. is liable to qUeltion, and has IN
f4a been feriou1r queliioned- ThiI circum
Rance renders il more indIpenfble, thar the
permanent rganizAIi Of the Federal Juoici-
airy fhoul5 be adapted 70 ihe prompt and vigcr
Gus execution Of thoie laws.
The right Of Congreis to difcoutinu judges,
once appointed, by the abrogarion Of the Courts
for Rhich ihey were appointed, ESPECIALLY Is il
relates 70 their enoiuments, offers matter for
a NcI1 EfCc GllLL-DAs III h44-~4 AAA1%A A-S" -
tut fuPer6caly touched
On The one head it is not safy to maintain
thai Congrefs cannot aboliih Coarts, which hzv-
ing been once inlitutsd, are found 10 PraGice
to Be inconvenisnt aud unnsceaary. On he
oth=r. if it may be done, 70 as TO includethe
anuihilation Of exiting Judges, il is evident thar
the msafurs may be ulsd TO defeat that clauie
OF the onlfitution which renders the duration
ani The en1oluments Of the ju5ical Office cock
tenGve with The good behaviour OF the oLt4oer,
an obiea eG-ntial 10 the Independence OF the
Judges, the feeurisy sf the citizen, and the pre-
fervatioa oi tie government
As medium which may reconcile oPPotIte
ideas and obviate oPDolite inoonveniences, i
would perhaps, Be The bea and lafea praefical
contribution to FAY, that though Congref. may
abolfih the CourIs, YET fhan the a6fusl Judges
retain their chzra6t-r and their enolunents with
the authorities Of ofi1e 70 far As they can be e
erciled ellewhere than 10 the courts. For this
conaTnaion aPrecedsnt exits in thelaif arrange
meat Of the Judiciary. Though the number ofthe