Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-03-06
s. 4 NJ A r 4.
. OF THE UNITED STATES.


Ma. MAsos, Of vugin's. ~ feel Tome
degree Of smbafraffnent in Offering my fenti-
me,ts on fhbjeta 70 fully ard 70 ably difcofTsd.
] believe that the ground taken by my fricnd
from Kentucky has not been fhakcn by any sr.
suments urged in oppoGticn to the reioiution
on the table. Yet ~ iome obicrva,ions have
been made calculated 10 cxcite ienGbiiiw, not
here, bus abroad /; as they appesr 20 have been
made with view 70 thar end and as an alarm
has been attempted to be excited on confitolion-
Al ground, think the obicrva,ions ought not
20 20 unnotited.
Isgree with gentlemen that il Is important
in we'll regulated government that the jadicial
department. hould ne independent. But have
never been among thofe who have carried this
idea 60 the extent. which fcems AZ this day to be
fsfhionsble. Though of opinion that each de-
psrtmcnt ought 10 diicharec i,s proper duies free
from the fear Of the Others, yet have never be-
liesed that they ought to be Independent Of the
nation itfelf. Mach leis have believed il pro-
per, or that our contribution authorizes our courts
Of joitce 10 control the other departments Of the
government
All the departments Of popular govern.
msnt NUT depend in fome degree on popular
opinion. None can ss.ff wiihoat the Affections
of the people, and if either be placed in foch
ituation' ~ TO be independent Of the nation, il
will foon Ioie that affection which IL eiIential to
it, durable exiteacr.
Without. however. going into an enquiry
of what kind OF organization 10 moR fl tor our
tribunals, without enquiring into the 6fnefs Of
making the judges Independent Tor life, an
williog TO enref into confederation. not of xhas
ought TO b.. but Of what is.--W Whatever opinion
nay individually entertain OF the proviions Of
the contribution. relafive the Judiciary, fittirg
here ondcr thar couaitutien, ! an bound "a OBJ
kfve,it a. the character under which we are az
f.mble,l. y g q ,i
tution on this fohj-e, obserse cless diIfi.c-
tion between the Supreme Court. and other
courts. ! am fcniible that when we cohe 10
make verbal cri'icifms. any gentleman Of ipor.
tive imagination may anafe our fancies by. q,
play upon ~ords. Bot this is not the way 70
GET rid ofa genuine conRrutiion Of the conai-
ta,ion. With regard TO the intaituion Of the
Supreme Court. tho words ase imperative while
with regard 20 inferior tribunals they are dif.
cresionary. The fra AaK; the lstt may he e.
tsbIilhed. And furcly we are TO infer from the
wife fages thar formed the conleitution, that
nothing was introduced into il in vain. Not
only fentences, but words, and even points clo-
cidate iu mesning. When. therefore, the con.
ftisution, ufng this language. fays Supreme
couri 10il be eAsblifhed, are ~e not joaifed in
con6dcfin4 IL as o6 cmitisutionsl creation anj
on the other hands fsom the language applied to
inferior coprss. sse &c NOT equally juRi6cd in
coafdesing .hs.r etabliihmsai as dependent up.
on the ieaiAafuse, ~ho may from time 70 tius
osdain then. a the public good seqoiscs. Can
aay olhes mesaipg he spplied % the words
:. from tine to tinc !" And nothing can be moe
important on this fabjsd, than that she legifla
tuse fhould have power from time 70 time 20
csesses % snnsl, OF to modify tho courts ~ the
public good may reqsue--not mesely to-dsys
ba< foscvesi sad Whenever change of ciscum-
Aasces msy fageea the psopristy Of . diRsseos
osganizssion, On this point, there IL great
force in the remark Of the seoslemar from Gsos-
gias that among the eauspcssted powers given 70
Coueseis, whiie there Is no mention made, of the
fuprems coast, the power of sasbIifhing inieriot
coarss is expsebiy gives. Why this difference,
but thar tie hpsore eo0st wss coalidered BY the
frDsnsss Of the coneifusion - cRsblifAed BY the
con0itnsion while shey eonGdcsed the inferior
courts - dependeus upoa The will Of the Iesi6
Isture.
We fad the pAssss fsom H~e n Hsr In an
other part tofsheconlisotios. The 3ifsta. Of the
I'd art. (ayssthe Pre6dens hsll. from si~f 10 Hm<.
give to the Oongrefs information Of the fate Of
ibe union. THAT is, be fAali occs6onally Z . he
Sees q, give fach Information. So ihsll Con-
ssefs oeeascosIIy, - they &c A.. easblifh, an.
mol OF fesaIass inferior eousss, aceosdips = the
pubiie wsll1are Sequises.
Tie ssspmssss of eenshmn % upos .
miaskan priseipls. Tny expsei, shs iselieR
iympssby ana eosm;fssssioo bos TIN ~, sb6
ssssf depsNueus of tbs govesamens. They tell
us the iddfes have veAsd right 70 sbsr o&ce,
. siRlg nps sow derived from sbe 1aS. bps from
tle c,nAisution and they sa5niire their cafe
20 thss Of public debs s 70 the sighS Of cos-
porssion ismpike compasy. q toll bridge.
bss b nos n stis resSonipg psediesed On de
psmeipb shH tAs eouru sse eihblineds sss fue