The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-09-04
From he Peter.5.rg Iateliigenesr.
NO ~.
THE CONSTITUTION OF THE UNITED
STATES.
THE JUDICIARY.


As we have seen, the judicial power is vested 10
Supreme Court and such inie rior Courts ms Con-
grrss may establish The Judges receive from the
national treasury, compensation fixed BY law,
which cannot be diminished during their continu.
ance in Office, which is during GOOD BEHAVIOR. Mr..
b. w Leighs speeches in the last Virginia Con-
ventionI on the tenure OF Judges office, insisting
that of good bcharior TEEN with pure and brilliant
sentiments, clothed with an energy Of eloanence
and charm of simplicity, which will make inn
PRESTON If not take effect, whenever they may be
read. MANSFIELD and MARSHALL, whose exact learn
ing and well minded powers TO review and improve,
have illuminated the world, pronounced their ablest
decisions after the age OF seventy,
The Supreme Court, organized by Congress, con-
Sists of Chief and Associate Justices. IL holds
annual session al The seat of the general govern
ment. The inferior Courts are the Circuit and the
District Courts. The number Of the Judges OF the
Supreme Court is the number OF the Circuits. Each
Circuit contains two or three Districts, and the
Court in each is held BY one Judge Of the Supreme
Court and the District Judge. The District Courts
are held BY a single Judge, four times a year
These act as Courts oil Common Law and Admi-
rally
The judicial power extends 10 all cases in law
and equity arising under the Constitution, the laws
of the United States and treaties made under their
authority. Say all sensible men, there must be
some tribunal than which there can be no highsr;"
and that highest tribunal in this country is the Su-
preme Court, beyond which may and should be
found the dread regions OF revolution, should op.
by rcmonslrance, remain inloerable and until pa
lience is exhausted. The jurisdiction of this tri-
bunal is original in all cases affecting ambassadors,
public ministers and consuls or in which Stale is
party; and appellate as to law and fact, in all
other cases in which it has Jurisdiction. Its appel
late jurisdiction is subject to Congressional regula-
tion The trial Of all crimes must be in the Stale
where com niited except in cases OF impeachment,
of course and when not committed within any
State, where Congress may by law direct The
punishment Of treason is simply death by hanging
Treason consists in levying war against the United
States in adherIng TO their enemies, giving them
aid and comfort. A conspiracy 10 levy war is not
treason A State cannot take cognizance of or pun
ish treason against the United States.
To examinethe jurisdiction OF the federal Courts
more minuthly and in all its parts, would open
| field TOO wide for this design. We must refer our
readers who have not made the reference, to Story
and Kcat,s Commentaries TO Tucker and .JeGcrson's
writings, and TO Manyfclds Political Grammar, to
all which we are indebted with grateful acknow
Judgements; with this caution, to think for your
selves-separate flour FROM bran. And especially
would we refer others to careful and critical
study Of the Virginia Report and Resolutions of
1882:
Hitler, as to their fountain, other stars
Repairing, in their golden urns, draw light.
Under the miscellaneous head the modes OF amend
ing the Constitution, are prescribed-a republican
form of government, and protection against foreign
Invasion and domestic violence, are guaranteed to
each State-the admission Of new Staes is pro-
vided for-all anterior and unredeemed debts and
! engagements, are declared valid under this Con-
Stitution-this Constitution and the laws of The u.
States and all treaties under them are declared the
supreme laws Of the land, any State law consli-
tuition 10 the contrary notwithstandingthe members
of the Senate and House of Representatives and Of
the several State Legislatures and all executive and
judicial officers, are required TO take an oath
affirmation to support this constitutions but every
sort of religious Test is nerdicted-it is also de-
cared that the public acts, records and judicial pro
ceedings Of each State shall have entire credit in
the others-hat each citizen of every State is cti-
zen of the United StateS-that tugitives from justice
found in another State, shall be delivered up de-
mand Of the executive authority of the State from
which they fed-and that persons bound TO service
by the laws of any State, escaping into another and
therein found shall, far from being thereby dis
charged from such service, be delivered up claim
Of the party to whom such service is due. On this
last topic by Act Of Congress, passed in l793 it is
provided that ii it be made to appear by the princi
pal or his Attorney by affidavit or oral testimony to
be probable, before magistrate OF the State into
which the person SO bound has escaped that he Is
fugitive from service he shall be delivered up
The magistrate Is then authorized to give certifi
cate of the facts TO the or his agent which is
sufficient warrant of removal
By the amendments the essentials of civil and
putical liberty together with religious liberty are
guaranteed in emphatic terms such as the trial by
jury: speedy, public and impartial trial. freedom
of speech and Of the press the right of petition for
redress of grievances; The right 10 keep and bear
arms; exemption from excessive bile and lines,
from cruel and unusual punishments, and from un-
reasonable searches and seizures.
And, lastly, we transcribe the following:
Art: g. The enumeration in the Constitution OF
certain rights shall be construed to deny or dis
parage others retained byt the people.
Art: 10. The powers not delegated TO the United
States by the Constitution, prohibited by it to the
States, reserved 10 the States respectively,
the people.