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The national intelligencer and Washington advertiser. [volume] (Washington City [D.C.]) 1800-1810, February 08, 1802, Image 1

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*Mrfi Doli
ional Intelligencer;
A T £
AY, Jan. 15, 1802.
TvTr. Wright of Maryland
i the ilitc
!i the
unkind imputation of ' a \
i~• (in which he
■ fumed* from mifin
i induced to make it),
• o en
he difcuffion of the merits of
He therefore hop,
with a few ob-i
nerits of- th i
tio'n ! ni, and although it
lie tune of
id had been fo ably and ,
honorable gentle-j
on b
Jive on
Xh ' i"ore
us ii
rial organ of the it, in his
it Union ; > him
a duty he ' I,|n*
a dm
I him
ye he
leded for
patriotifm, their wifdom, and their
virtues, the conilitntional org
the nathm, in •
t 0 U1 ids, and point their
to the great and
on which they were convened
to deliberate, on the lioneildikhai
ble to Ami
not been
brought I to in a m,inner to
or an immature decifion
the v a 9 r
d by
dpcu llm t °ft
feale ' point
of its )"*
But,however impofingthe manner, or
however inconl
which the -y<"t,
honorable gentlemeli are found on
floor it as a mcafure of
ion they feel indifpofed to
as it implicates the
p o ]i, . lminiftration,and in
deed "k of
their own hands, which mankind at all
timer, ha to admire, and
howi of their errors, have
-en brought to
r, it would feern by the courfe of i
the Ri o.i the prefent queftion,
that we had it in contemplation to break ;
down ral judiciary altogether,
and to fubvert ancient found;''
a S if the etrators (as the
nfticution, they
to I'upoort, and to leave the
iry to in
to the laws, whereby the
|l ron IW to the weals
rich •. • poor, and, ill and
'. and iiii
all with impunity, and
a belief, that they
either life, liberty or pro
lie fart is, that
the ol -. that has
nypurpofe from
mains inviolate. It is the ne
trirt judges to rod
triit (
v,-ho affiir
and who 1
ere at
as he had faid before, thereby, indirectly
n-iint. Fof tbemfelvesj, aud iW:
a mealure refifted by the republi
in both branches of the nation
ture, i mealure which was carried into
operation by thole from whom the
pie have revoked their confidence*-at
the moment their power v
c when the bufiriefe i
liad declined nearly cue
■ had ceaf
g'ihe to reftrain the I
. and to pund'h bich for
xpreflion i
opinions — was all that Wasintend<
tall your Attention to the
fblution, which on reading
it will be found to extend no fin
-repeal of the act of con
of t!v Ikft f« (lion, by which iixteen
'en created, and
i e:c
vYe are
n«w c tt'atives of
then- gifla
tive whether • this
law, which I ever odkwi in the
birth was
! that facl
fubjcc.l of the jndi
cha United States. We
an '~
iiicn: k military eftablifh
ed in, IS repeal of the
odion man
this '■ a"
we then '■
from the bnrth
taxes, by the repeal of t
law ? I I vern
ed singly by the i
ire ; but v tiding
been told ij ori
the other i that this
led :
1. i
! point, tha.t of
B, that thi
in o
peration from its
:;t all till
f the
at the moment
of the new
alio that it wi
tiie '.■■■
they all knee of con
ion, ami hi ry to
the reach of a defer
ta affirm :
and : we had lately clta
;el with France had put an end to
another [c ion, that of ad
miralty caufes on the prize fide of the
court of admiralty. From this view ot
the fnbiecl 'If was entirely fa
il of the < of the ri
and had little doubt that, . ntle
man was equally fo, that airy evidence
Could convince.
As to the poinl of Its being unconfti*
tutional—lt wi d that the
Prefident himtVlf has rr. rl the
ftitrjtionaltty ol >rity with
the enlightened people of America, that
if it flood fihgly on tb it, it Would require
a fedi
there arc honorable i this
floor not difpofed to
for that authority Hon.- -
Thole gentl 'men 1 will i 8Bt)«
I prefume
it will
Jio'Vu to I
' , Con
ito con'litute tribu
ourt.— In
the 3
ibjcAs are
• I woe.: Gori-
18Q2 ;
withdut number and abol'illied them at
their lie of their
authority under the 7th article above
: unlefs fi
•■n over the \'t,
to j.uitiiy
weil as el nt ol
— lie then < ailed on the
oppqiition to point out a
between the powers of Con
; the intVi s a".I the
, ;ind to fre-W how it was that
, and
lifli the inferi v hder j
, and
is ufed in

i and in! ■
tortui- (Tiing
poft-offices & not to authorieethe abulifti
that by the Hi fettion of the
tele this btifihefs is to be explain
tet us examine it.— The judicial
United States shall be
id in futh
itirts fhall
By tl
r as well
behaviour, and that we
cower to pais ! ng saw b'ei
it wi
by an cxtr
had a
n tiie fuprcme i
c in
titled their offices as jud
ice? Is o certainly ! The
•nt, and could mean np
ider the conili
in, and the moment the conftitution
fiifcontinutd the office the judge under
the co have a political
nee, and would not be known to
' ition as a judge. So he ron
-1 by an ordinary act of legiflafeion,
the law erecl-
I hem I
how J
it being ci i
by the lav, thi tence !
from the law, and could not as ju
furvive it; the conftitution men
that Congrefs
can fdb.hiiui 1 a court, and
an le
nd eventu
ally a hat the ma
a of the 1'
■ hat the creature mv
be in the. power of the creator ; that he
creatcth can deltroy*—But w
' by the honorable gentleman from
Vurlr, in anfwer to this, '; has a
man a right to d own children."
had been taught to
or, but the happy infirument of
creation.-—But er that is n..-v
denied to v's, had been exercifed bj
gentlemen thenjielvcs, in the very law
»W intended to be repealed .
You will fee by lidverting to that law the
diftricl courts of "3 and Ken
i the
of a diftricl judge for tb- | i
Tenni a ky annihil
.ye are told by L
that there was a circuit court etlabU
conlilling of thi
Hate, and that the ji drift
c.tiit courts, <k at
i'l therefore they fay
did not deftroy the office of the. diftricl
s of Tenni .entucky.
had not diftrift
courts ; h" afked if there had not
circuit courts f.ftablifned in all
by that law, audi if the difuid emu
i i the cafe
icky, is n
a diftricl: |
cuit court "v eflablifl
when the dutii
(fates, to lit in tin | was
limited to one flat"
or Will gentler
judges of the diUrict courts had refilled
to art as judges of the circn
whet: been 11111 pi
of the dili
ju ri I'd .! (bite is tj
ol a circuit judge extendii
r the law authorizing
not to precede the Comi
Mr. Wright anied if Congreis, when
their authority in the firlt ui
)ii!h inferior courts*, had
lit their coutinu
to any pc that at til
that period, if the law was not continu
ed, what would be the fituation of the
judge appointed under the law, would
his authority continue I Certainly not.
And will any gentleman contend on this
floor that if a former congreTs had a right
continuance of
the,fa irity to limit or to difcon
■ ever
ingeni'i find themleives, he
fumed, to iblve th< Hies,
or to thefe in'cpnilftencj&sj for
his pa hority by which,this fub
, t before them, the
recommendation of the Prefident, had
The letter and fpirit
,on, when recurred to,
had; him in that opinion^ that
cc of Con
in ail di!lri£i • courts
i him
idea, no n<
cife of power, and further tha;
in the form of a conffitutica can be
■ men may
i differ on its true con
firuction, fent
iynsj diffei
i the fame itilfnmicnt. If all
thefi were not fuib
to fatisfy gentlemen, and.we were oblig
ed to recur to tfeft principles on 1
this inftru I eftablifli
ed, we lliall find that We do not in any
degree violate them by the conftrudlion
ut on them. If the Britifii go's
mentis recurred to, from vvl
ilate governments borrowed their prin
ciples, or if the Rate Conftitutions are
ted to, we fhall find thoroughly in
corporated, tiie principles for
contend, that the judges are in
only o.f the Executive, but never above
law giving them their po
idinitted, v
man from New-York, that judges aught
to be the guardians i
fo fai bus woe - nally
he le
'ary, each
feverally the guardians of the Conftitu
tion, fo far as they were called on in
feveral departments to aft; and
he had not fnppofed the judges were in
tended tftdecide qaeftions not judicially
fufemitted to them, or to lead the public
mind in i.-\ utive «]uei\ions,
and 1 econfeffed lie had greater confj
•. in the fecurity of his liberty ii
trial by jury, which had in all l
i confidered as the palladium of li
berty, than in the
at fome ,: tpt.—
id not wii'h to break
down the judiciary or the judges, or to
vioi,'- iftitution, thougS he
feffed he Hiould feci as fecure in the de
cilicn of the Rate judges in even federal
quefiions, with an appeal to the fuprcmc
.al court, as in the prefe.nt jui
and indeed the conftituti-jn in the
2. fee. which impofes on all
be oath to obferve the conftitu
and laws of the U.i •;, al
ways feemed to him toconfider tin
ts in a certain degree fudges of fe
chsral (pieliioiis. JNoi i,.
able to raife a doubt in his own mill
to tiie propriety of tJHlfting ftate
judges to decide federal quell ions, with
11 ler<il court ; when he
confidered shut fia*c juries h
ions from
there was
ed the flat
only judici of our
Man from '
he willied it 1 Is of
to vio'ale it, and lufive
qua; that othi i
h pre
tention co
cure than it was, depofitedin that hal
P.un Is AnvAXCR.
lowed temple, and I
TuKSBAY, Jan. !9, ISO 2.
Mr. Chip.man, of Vermont—
Mr. Prefident—After the lei
which h ii
and the abiliti* s which have
played in this
little hope of.exhibiting anj
for the cordiderauou of the Set
uentous as I Conlider the decili i
be made on the pre lent queftii
the moll.important principles of the .
fiitution, .1. cannot.perfuade myfeli
which I intend t;»
ndeavor . briefly to
mine fome of the principal argument
ly, which
the refolution on youi table.
The arguments in fuppar.t of tl.e re
folution have been reduced under twe
genei a
L The y of repealing the
law.contemplated in the r
•2. The ■ iial, power of I
greCs to repeal that law .
To evini
fure it
1793 was
of the itat ciary ; an.
ier that fy
judicial duties ie
, In-, I fh
obierve, tl
the im
... From
fane a
long, has a
beholden* At other times tl
of the jud i late, thai
pfopi r bul v could n
completed. Thefe Hddures .
vti_\ ~ expence and
, that the
I failures and delays have
n experienced hi ,
parts of the United States, fai
bich I cannot attribute to
Crimii c of the }v
ie burtkeniome duti
that fyftem, and the infirmiti
h men mi
poled, in
arduous and extenfiv, .
1° !\l
preme court m
ics of that
courts, the
brought forwai
comrariion fror
in England. He 1
Engl-' arc but 12 jud
principal -
embrace in tl
jurifdi a\\r <,f
human concerns, that the
Kings-bench and C
idling each of I
the common few fuits c
the mOft io\:
the revifion of
fubord own
to thi
ffom ■ ,'u r ts have
been ly competent to all the
bulinefs of the This ftate
ns unnd. In
of lords is the fu
r,vu" laft refort
inftead »f three there are
ior courts. The co,
in w.hi< h a
vers ill equtiv, includ numerous
and i
courts of neb, comii
and exchequer, all ofvthich h;
nal ju , in civil caufes ; and

m of the pio-
writ i übordinate
GOUrt , arc
in England
clulivc of Wales, more than i
all of which have tfceir f p
court : -is. Some of
s. Lancai
Chefter and L
rate court, both of iaiS iky, which
claim co; od parties
within their refpeftive }ttr£fdicYions,eveo
lift the courts at Wrftniiniiiter,
. c are alfo an immenfe numbej of
I cities and towns corporate throughout

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