Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-02-01

They are still children Of the great household
though settled upon, and cultivating different
allotments of the common inheritance Their
paternal sepuIchres are withus and will they
leave US alone tc defend them! The Scythian,
though he might not fight for his pasture, his
flocks, or his tent, yet when retreat mad brought
him back to the grave OF his father, would he
there, by that consecrated mound, and IN de-
fence f i, make the deadly stand, and mortal
battle When, in our sober autumns. they visit
US, as they often do, they see the irail memoir
al vet standing on the green hill side; and may
there read many holy legend THAT teach the
rustic moralist to die" Fs.,t ft..
"ihe time vii. COME" they exclaim, when
the go, ernmenr shall be agi,ated to the very
centre: and we may want some boon, like that
inow demanded bv them The perilous day
NAV indeed arrive when our common country,
debased by luxury, agitated by faction, harden
ed by ambition, arrogant BY power, shall not.
bv piling al the massy and mountainous weight
| of our laws and institutions, upon this gigantic
and bloody brotherhood Of crime and slaugh-
ter, be able to hold them down subdued In
this tremendous day Of national agitation
and jeopardy, will these men; or the sons OF
these men, be found wanting? They will not
vessel, bound to one great, and. we hope,
long and prosperous national voyage VIII
they, in the night Of storm, throw overheard
our share Of the cargo, with the vain hope
of preserving their own? We, know they
will not. Will they, on some lee shore, scut-
| tie the ship, 10 terminate the voyage! VIII
they, in the hour Of assailment or battle, pull
down the coors and give up The ship? In Gods
name, we say, we know they will not Why,
then, these unayailing threats? Brave men
should never use them to brave men. Leave
| them for the accommodation Of those who "die
| many times before their death. >
Will the time then come, when our Supreme
Court shall be odious. unless the Judges oft con-
tnue to perform their own, and The additionl du-
ties OF circuit court Judges! This doctrine is
unknown to the constitution. That pro ieots a
supreme judicial COURT separate and supervis-
ing all courts of inferior jurisdiction. Will
il become odious because il is supreme? Be-
cause neither the Executive or Legislative arm
can demolish or diminish lis power, or move a
finger within the pale of its Jurisdiction? Or
will it become odious, because it was establish
| ed to protect, and will probably forever protect,
the People from the usurpations Of their own
national servants? Should ii become odious
because stationary, and jealousy may lead the
| nation to suspect that it is influenced by "lhe
| powers that be-" and that act in this place.
Make it then, sir, movable, as the resolution
proposes. Place it before the nation, in the
great departments Of our country, that the Peo
pie may see, and we know they will then reve
renee this hallowed ark ofthe national covenant
This unprecedented odiousness is but an
apprehension. Such court cannot be sus-
pected; il cannot be odious, so long as it is fill
ed by the darshalls and Storys of our country
| do not name these gentlemen in derogation
Of other judges of thai tribunal, bu' because
have the honor and pleasure Of acquaintance
with one Of them, and because, not to know
the character of the other, would argue myself
more unknown, than, humble as am, can
willingly acknowledge myself to be
One thing further: Some opposers Of the bill
object, lst, the augmented number Of the judg-
es; Cd, These Judges will be selected from the
West, and bring into the court sectional preiu-
dicatiops; 8, A majority law is to ride in upon
the back Of this bill, making the unanimous
vote of 6, 7, or s,or perhaps judges necessary
to decision.
If adding three, and making the number of
Judges ten, were the only objection, l would
have given the House no trouble on the present
occasion. Ten Judges may deliberate nearly as
well as six. 1t belongs to the advocates of this
bill 10 prove, that the greater number can deli
berate better than the lesser number can. t
they cannot prove this, why should the Judicial
ry field be incumbered with supernumerary la
borers, or the national means consumed in Gre
ating and paying sinecure salaries!
The second objection is, agree, answered,
by The consideration that the President cannot,
by law, be restricted to any District of the u
Mon, in selecting Judges Of the supreme court.
When he does nominate, | will not believe he
will nominate, or the Senate approve, any but
men superior to all sectional, legal, or moral
objections.
Congress cannot control the decisions Of the
supreme court. They, as separate, co-ordi-
nate, and independent power, received, like the
Legislature, their authority from the People by
the Constitution. Such law might incum-
Der, but could not circumscribe, their adJudlca-
ton; and would subserve no other purpose
than that of showing to the nation and the
world, that we neitherregard the political rights
OF others, nor understand the limits Of our
own.
The able argument Of nv colleague, (Mr
PEAKcE,) delivered to this House against this
bill, in committee Of the whole, has drawn
from our honorable friend from Ohio, Mr.
WRIGHT,l something like reproach, if gen
item an Of so much genuine courtesy, could Ut