Alabama state intelligencer., 1831-03-02

Indian Tasseis, who was convicted of numbering one of his countrymen of the Cherokee tribe. Great efforts also making to prove that this act was de- sgnedy brought about by those who are in favour of dssolving the Union; and that such will be its tendency should Georgia meet with friends in the adjoining States. That questions of great perplexity will continue to arise in the different States, with respect to the Federal Judiciary no one doubts who maturely considers how far its power over persons and property has been left to interfere with State a- thorty. The general governmet was intended to be the guardian of all foreign relations the States themselves of the domestic polece. As regards the other departments of the government this is strictly so but with the judiciary, it is but partially true. In the formation of the Federal Constitution the unde- nable object with the States, was to delegate such poaoer to n common arbiter, individual State could not exercise impartially and which, though ge- neral to all the parties, specific in its extent Probably no body of men were ever more devoutly interested in bringing forward perfect work, than those who undertook to new model our government Every inducement that could weigh with humanity i; the cost of the revouton the ealouses of other tions dstrust at home, were among the causes that influenced the friends of selfgovernment to refine their charter from every ingredient not congeni- al with the sentiments of a free people. That they effected as much as could be contemplated, no one need wonder, who will review our colonial history, and that this country from its earliest settlement was dependant on kingly government for laws and of fcers to nforce them.
 The Anglo-Saxon spirit of freedom existed as it had done for ages before in England but it not perfect as it is, because it had but just escaped from the sickly influence ofroyaly. Itis supposing too much then to infer that people who had been bread under obedience to monarch, and forced in short time to exercise selfgovernment, would be able to establish all its principles and forms at once That they wise enough to frame laws which suited their then condition, no one will deny But that they had foresight enough provide for all con- tngencies in their history is to the last degree ab surd Scarcely had ten years elapsed after its adop- ton when defect found in the present consti- tuition, of the most dangerous kind, and which was amended almost by acclamation Since that time other defects have been found out, and amendments made, so as to accommodate the generation which is to exist under its provisions. Laws are like me- dicines, in diseases of the human body and should be changed or discontinued, according to the com plaint of the patient Not to admit these maxims is but sporting with senses, and yielding to the dis eouraging persuasion that man is fixed by the con. dlicn of his nature to certain point; that his i'm provementi is hopeless; and that can never render ourselves wiser, happier, better than our orefa- thers were. In our country, more especially than any other, every generation will be entitled to such change of government as best comports with their own ideas of safety and happiness, independent of what might have been best for their predecessors.
 This brings to speak of the Federal Judiciary, whose power the convention were so much at loss to define, and which has since proved to be the least perfect part of the social system While every other department of the government is conforming to the precepts ofan enlightened age and becoming more homogeneous, the Federal Judiciary contri- butes but little to ameliorate the condition of man, and remains antirepublican as the Judiciary of England Several of the States has broken through the custom, by which English law held them so long spell-bound, and have determined to appoint their judges, like other officers, for certain number of years. This State is among them, and two years ago submitted the question to the deliberate judge ment off the people, who concurred in the necessity of so amending their constitution as to limit judges in the tenure of their offices and it further shows what wonderful change this subject has undergone within eight years past But through all the con- ncts for the rights of man in the United States the Federal bench has remained the same irresponsible tribunal has continued to expound American law and English law, though they were English Jud- ges, amenable only to an English Parliament. The consequence of which is, that questions have arisen and will continue to arise, directly at variance with the happiness and sovereignty of the States. The conflict with the State of Georgia which was expect ed to become serious from the execution ofan Indian condemed by her laws, has in all probability ceased with the death of the criminal. But has not this furnisheda sufficient warning to that State and to all the other States, that there exists power in our land which claims right to interfere in her do- mestc relations, and to jeopardise their very exis- tense as independentlgo Admit the right of the Federal Judiciary to judge whether an of fence in Georgia should be punished by the laws of that State, and Georgia returns to her colonial ex
 stence. It would be deception to say, this right of judging would be confined to the Indian The black man would next be presented for trial under some new feature of judicial encroachment and p- ous lnalcontents would not be wanting to urge it's merits It is the duty then of the present generation to avoid such caamities as would be brought upon them by that portion of the federal government
 which always stands ready to interpose her decrees
 To do this, the judicial department of the govern ment must be new organized, so as to make Judges accountable for the trust reposed in them, as with ther officers. The time has gone by when it was believed that more justice would be done to the laws