Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-19

fully pointed OUT upon tHlS oISalioii, w. 49,
not only underaood but acknowledged.
The a5furdity Of placing the fame judges
in the court Of appeals 70 decide in the lat
.reiort upon judgments rendered by them
ielves in the courts below, was ieen and
felt. The effect of aifoci4tlng a dliiriH
Judge with jultice Of the fupreme court
upon the GREATS, could not elcape the
mott curiory oDterver-; and experience had
confirmed the opinion, which had been
long entertained, that iuch an aaociation
was unnatural, and whit it detfroyed the
dignity Of the diitriet judge, necefarily
leiened the relpetta5ility of the court IL
felf.
The conaant changes of judges from
one circuit TO another was ALTO found 10
embarrafs the bulnefs Of the courts, and
particularly in matters of form and pfac-
tice: and the imnenfe extent OF country
through which the judges were oolig-
ed TO travel on the circuits-the acct
dents to which they were expofed and
the failure of courts not only within
the recollection of the members of the
houle, bit proved by the laws which
had been paned to revive fuits which
had been discontinued from theie caufes,
all united 70 fatisfy gentlemen at that
time that a new arrangement was indif-
penfble. Indeed, fir, every gentleman,
who has been in the leaf acquainted with
our courts, mutt have ieen The great de-
lays and vexafions which have ariien 70
tutors from the caufes which have been.
mentioned; and that in many cafes, thole
individuals who were entitiel by the con-
ftitution, to trials in the national CO urts,
and were defrous of obtaining them, were
compelled to ieek for juaice in fake tri-
bunais.
There is no axiom better underfood
in this country than that delay of juf-
tice is denial of it /; and Whit the old
arrangement exiaed, although you prof
fered juaice to your citizens and to TO-
reigners who demanded it in your courts,
yet in effect by the cnbarrallinents and
delays TO which that arrangement exposed
them, juilice was but name it was
mockery, from which they were obliged
to turn away in di(gua.
1t is true, thar there was defcription
of perfons within the United States, and
perhaps within the walls Of this Houfe,
who were difpofed to proRrate in effect
the national comts, and transfer to fate
judicatures the whole judicial power
To perfons of this defcrip,ion 1t is obvi-
Gus, that every rropo.ilion which was
calculated to improve the organization of
the federal courts, would be highly diff
pleafng, becanie they knew full well,
that whenever the national courts lhould
be 70 organized as TO oferto Tutors fpee-
dy and certain jufice, the bufineis of
thoGe courts would be increaled, their in
Auence and their character more highly re- /
fpeeted. But the withes of thofe gentle.
men did not prevail. II was then be
lieved, and the fame opinion mutt for ever
prevail, with all we'll informed men, that
a reputable and independent national judi
ciary is equally neceGary for the preierva-
tion of the government, and the fair exc
cution OF the contribution.
The abfurdity Of relying on fate juf-
tice for the execution Of our penal laws,
on the laws which rela.e to revenue, can
not be overlooked, and in relped TO pri-s
vate fuits, it is well known that the con-
fitution has guaranteed TO citizens of
certain defcription the right of trying
their caufes in the national courts, and
cannot, without violation of right, turn
over their tutors TO Virginia chancellor
with his three thoufand caafes on the
docket,
We are nor YET "a learn. th,t Tho 0ota 4