Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-29

IA JuoASioiy1 Ia SS 'o =
States, is not new. 1t was once sug-
gested in the Senate itself, but obtained,
we believe, no other triumph than a
patient hearing from the body to which
it was addressed, and whose dignities
it proposed to increase.-And such; we
take it for granted, will be its only tri-
umph, until the principles on which
our constitution rests shall have been
foreotten--the wisdom of our ancestors
reiected-human nature itself changed
Our deliberative bodies in general.
dependent for their remuneration, as
we'll as their re-elect ton, on the popu-
larity of their course-shall become
more profound in their Investigations
more impartial in their feelings, and
more consistent in their decisions than
a bench of Judges, selected at all adj
vanced age for their learning and their
worth, elevated above personal consl-
deration, by the tenure Of their office;
and habitualIy respectful to the wisdom
and experience of those who have gone
before them. But on this subject, we
cannot do better, than quote Virginia
in her more dispassionate days, against
the heterodox principles we are endea-
voring to combat.
The following preamble and resolu'
tons were unanimously adopted by
both branches of her Legislature in the
year 1910:
THE Committee to whom was refer
red the communication Of the govern
or of Pennsylvania, covering certain
resolutions Of the Legislature OF that
state, proposing an amendment to the
constitution of the United States, by
the appointment of an impartial tribu.
nal to decide disputes between the state
and federal judiciary, have had the same
under their consideration, and are OF
opinion, that tribunal is already pro.
vided by the constitution Of the United
States, to wit: the Supreme Court.
more eminently qualified from their
habits and duties, from the mode OF
their selection, and from the tenure Of
their Offices to decide the disputes
aforesaid in an enlightened and impair.
tial manner than any other tribunal
which could be created.
The members of the Supreme Court
are selected from those in the United
States who are most celebrated for viz.
tue and legal learning, not at the will
ola single individual, but by the con:
current wishes of the President and
Senate Of the United States, they will
therefore have no local prejudices and
partialities.
The duties they have to perform,
lead them necessarily to the most en-.
larged and accurate acquaintance with
the jurisdiction of the federal and seve-
raj state courts together, and with the
admirable symmetry Of our govern
ment. The tenure of their Offices en-
ables them to pronounce the sound and
correct opinions they may have formed
without fear, favor or Partially.
The amendment to the constitution
proposed by Pennsylvania, seems to be
founded upon the idea, that the federal
judiciary will, from lust of power
enlarge their jurisdiction to the total
humiliation Of the jurisdiction Of the
state courts; that they will exercise
their ,cM instead of the lao and the con-
stitution.
This argument, if it proves any
thing, would opera te more strongly a
gainst the tribunal proposed to be ere.
ated which promises SO little, than a
gainstt the supreme court, which, for the
reasons given before, have every thing
connected with their appointment cal
culated to ensure confidence. Wha
security have we, were the proposed
amendment adopted, that this tribuna
would not substitute their will and theil
pleasure in place Of the lac. The
judiciary are the weakest Of the three
departments of government, and leas'
dangerous to the political rights Of the
constitution they hold neither the
purse nor the ssUord, and even to enforce
their own judgments and DEGREES mus,
ultimately depend upon the executive
arm. Should the federal judiciar,
however, unmindful of their weakness
unmindful of the duty which they owe
to themselves and their country, be-
come corrupt and transcend the limits
of their jurisdiction, would the propo
sed amendment oppose even probable
barrier in such an improbable state o.
things?
The creation Of tribunal, such as j.
proposed by Pennsylvania, so far as We
are enabled to form an idea oft from
the description given in the resolution:
of the legislature of that state. would il