Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-28

laid of theie inferior courts. ThGt td~
original j;ag/aiaion If raris1s Ja!jt6s be-
Ing green exeksfvslr to them, it became
tbe .6mnaea duty Of eossrss, to ssatal5
juej Courts. Will not repeat the srgr-
ment already ufed on that fubjee. Bat
will ak thofe, who urge the diainesion
between the apremc court ard the iafeS:o:
tribunals, whethe, Law was not rrevi"
Gully necelIary before the fopreme court
could be organized. They rely ;ass the
contribution iays, ,:.er: hail be !u-
prone court, and therefore 'he eongrels
are commanded 80 organic II, while the
r.s is EFT 20 their d;itrss;oa. This, fir,
is nos TIE .a:}s. i>kc ccr:S!:cticn Jays,
the judicial powa- ih4l' 5e YEA dc in s.s
:oprcsn, e,vr.., ara N inftriuc e9ar.s.-
The leg; latuss can therefore only organize
on: iuprcme t,but ;hcv nHay eaabliih as
a,any inferior courts as they may think
proper. The deigration made Of ;hcn
by the contribution is, fuch inferior courts
rs the corgreis may from time to time or
dain and eiaolih. But why, lay gentle
men, fix precie'y one fupreme court, and
cave the reit TO icgi1ative difc7s,ion!-
The anlwer;s iimplc. 1t rsfu!ts from the
nature Of things, from the exiitsns and
probable fate Of our country. There was
no d,hi>nlty il deciding. that one aud on-
y one fu2rcrac court lhouid be proper or
neceiIary, to which !hould lie appeals from
inferior tribunals. No, 20 as to thele.---
The United States were advancing in ra-
pid progret!ion. Thci. population Of
three millions was foon to become FIVE,
then ten, afterwards twenty millions.
This was we'll knowa as far as the future
can become un chjett Of human comprc-
henfion. In this encrea!e OF numbers;
with a Gill greater ercrea(e of wealth,
| with the extenf;cn Of our commerce, and
| prog-els Of the arts, it was evident that
| a'thougha great many tribunals would
becorae neceEary, it was impoilibIe to de.
| ternine either On the rreci.c number or
| the mott convenient form. III: 'ccnvea-
ton did not pretend to this prelcience; but
had they poieiled it, would it have been
proper 10 have e.tab!;hed then all the ,ri-
bunals ncceflarv for all future tiu,es!-
| Would it have been wife to have planted
| courts among the Chickalaws, the Chock-
Jaws, the Chernkees: the Tufcaroas, and
God knows how many more, becaule at
lome future day the regions over which
they roam might be cultivated by policed
men? VAST not proper, wife, necefary
to leave in the di{cre,ion Of corgrefs, the
lumber and the kind OF courts which they
might find it proper to etablilh for the
ourpeie Designated by the contribution.
This Gmple ita,en,cns Of facts: facts of
public notoriety, is alone a fuiIicicns
comment an exploitation of the word on
which gentlemen have 70 much relied.
T convention in framing, the people in
adopting this co'n7att, lay the judicial
power lhall extend to many cafes, the o.
riginal cognizance whereof fha!l be by the
inf. r;or courts but it is neither ncceC
lary, nor cven poGble now to determine
their number or their form; tbG! eden-
tia, power therefore, fhall velt in fuch infe-
rior courts as the congreis may from time
to time, in tn. prosrefion of time and
according to the indication Of circin-
itauccs, efa5E@. Not presviat, ordam,
or determine, bit geaS;9. Not mere
temporary provilion, but an efabA@nraf.
1t after this it hid faid in general
terms, that jsdgrs ihodld hold their
Offices during good behaviour, could a
doubt have exiaed on the Interpretation
of this at, under all its attending cir
cumRances, that the judges of the ;nfe-
rior courts were INTENDED as we'll as thoie
Of the fupreme court !? Bot did the fran.
[crs Of the contribution fop th.re. Is
there then nothing mc:e? Did they rik
on theie grammatical n;ceties the tate of
America (! Did they reft here the mott
important branch Of our government p
Little important, indeed, as to foreign
d,nner. hut infinitely valuable 70 orr do