7 A. ? 5,'.. ' ' 4 IS f 4T JS) . ' tj . (L VTf . t. .,'... j.j ; ....... ..'7f '.'.."'J . -i4 V i" 4 V' 1 ' "Ml t.2l.rn.A.M4 . Mr.v crecKcnnoge. is wa-v of me, I prrff -fa a l;bindmi& rtfolution now under confideratiort, to, afligti my teafons for wifhing repeal pf this law. This i foall do nd endeavour fkew, -TJiaiflTthe taw is unneceflVt and im- proper and was fo at its paffage and, . a. That the Courts; and Judge created bxiV p4 jjvgh't fo balie,;,;' I ft. That the art under cotitiaeNtioo, ; uniewirtynd;twpropeN'Jtl)r "rnrnd .jjp' itjScjf lis, o f poe, v No. iV creafc of courtf or, fudget could, be uaceffary, o4,jyIlifible, unlefs the exi fling court and jtie weie jnConipetent to the prompt aod poger diftharge of Af dutiea confined tof 'themTo bold out'a ihevr of jitigation,, wh:o io faft little ciiAa, muft be iospolitic j aod to tpukiply rxpeufiwe fyftcms, a4 cres tt HoiU of expenfiye offiteri, without hav-; ing xper,Upced fnailalaeceflSt for tfeem' wtt."W'w'0f.l pbblic tnr The document before ni (hcirictbatat the pallage , of thia a& the exiftipg'courtt, not only trom toetr numpcr, out iram toe fuIttjUeuepding before werv-CaJly eo'tyto ipeeij defi of IhoV C0 'Tbctudicut oowVrf clvi to 'tW fffcf al-i (wfi coBrr pretiiiMndsdf tb.:ojifl;v iitioo tcT embrace tXclufifelr, ifutjtdf F mgiiion, wnicn couia wiia prepritcjr, pr- Kii wiin ttie. uate courts. s, s. ;!J;,l- Tbeirjiirifdiclion was iniepdcd pr!ncipt' ly to extend to great national and foreign, concerns. .Except cafes anDnc under the laws of the United States.. I do mt at prc rept recolleft," but three Jr four Vmds ,?os ftvbich -their power! extend to futicfls of litigitioo, in which private perfona poly are concetned. And can It be poflible, that With a jorifdidiion embracing .f :fmaHi portion of private litigation, iu CTcat part of which tbe (late courts oueht and ought, io participate, that we can Hand fn -nttd of 9 juagesj ana expena n juaicuif , rcgu, Ulions rhe annual fum of 1 37,260 dollars I No 'other. coiintrfi' wbole , regulations I have any knowledgi of, furoifbtsan example of a fylfent fo prodigal and exteniivesr In Englaiid,' wbofs cpuita are tbe boad. and I i r 1 . . . i- . ' Lt.t. " :t. i- . ( iaiattoo-to xttriiy or me , iiguis ot inc., natioo. everv'raao knowsc tbere are but 1 a judjpfS acd jjpii(icipal'vouits.: ThtfexCU'i crobraci in then .original or appellate jurif , difiion slmoll the ' whole circle of h mau fhvfirK f tieb.cbccksv which prptccta-f I dtf whiul ofhingi io rangt tbcmyfi :iHiH5fn mi viitc uumig guoa otnaTior 1 wiiat name 10 fiie loemi i bt "Jt"c" frtnaeni wy, .WHO WOUKJ O ; tbiejia,c oljyr ).Ul power of reoj'oV-: ifcg Jiiai -like, all other Officers at peurt t nu, loeoincrjcnecK roroiooing a diminution of tljeir falanes, applies to tbt legifluMf en jf.5A 7 tiryaie two feptrate and 'diflinfil tchf (ks furnifbed by the conllitution againll Aw oiuincj aepartnents ot the govern. Wenrjrand they ate the only ones which W'pr ought to havebe'eu furnifbed ou the ' vcut.becaufe ibe con (I it ut ion declares , rta- a judge ihali, hold bis office during jeoa vevavtar, can 11 De tortured to mean, fit he Ihali bold .bi effice after it is abo-' Siflied. ? Can it mean, that his tenure ftiould .' limited by behaving well in'.an office, which did not exill I Can it mean that an office may exill although', it duties'are ex ' , lit) A I Can it jnean, in Ihort, that the fha- concerns. Aiitt fbtwshatlfet t y June laltrtnereverc ocpcno;n jn au ine Circuit , Courts, (that of Maiylsnd only excepted wbofc docket w have r?ot been furnilbtd with,) 1539 fuitfc . It (hews that 8278 fuits of every .dtfeription have come before tbofe courts, in 10 years and up. wards. "From .this it appears, that the an nual average amount ot iuus has been abjut : 8oo.;:.:.----U---t---: But fundry contingent things have con. fpiredto fweU the circuit couit. dockets. In Maryland, Virginia and in all the foutbern and touth.wcitci.a fiates,' a great number of. fuits have" Ur en; brought-by Brilifli "Credit s, or : tin's fpecies of coptrovcrfej i nckily aj ...,JiiPfyiws f welled by. profecutwns, io conftqueace of the wcflera infurreftion, by tb.edifturbancea in." Butks and Noihmpton counties t and by the Sedition AQ., Tbefe I fiad amount i. this ftate.40 14ptmtiY--?J-:'-4l ;,-'.. ;. In KentiKky, uou- refident land claimjnta have gone into tbe federal Couit from, a ttKpoiary convenience j becaufeYuntil wit h in a yeatkpr two pall, there exited 00 court of crnc-rjr jmiWiftion co extenfive with the whole State. 1 find too, that of the fix hundred aqd odd fuits1 which have, been commenced there, 196 of them, have been prclccutioDS under the laws of the .United S tateSi 'C?-r'. t' i ' W , ' . Irv moll of the States there have been proTccutions under the tieJition Trjis fouice of litigation is I trull foitvcr dtjed up AndialUy in all the dates a nut1cr of fuits hd arifen under the excife taw 1 which fonrce qt46aiidMettyt ' I b,cic, before thi8teffian,t,erQii)atc be alio dried up. , -.''.''f:'vv'V"''':V'v. But this fame document difclofes ano i ther impoitant faft t. which is, '"that never.' thcltfs all tbefe untoward and temporary fources of federal adjudication the fuits in . thofe courM are, Jcrrtafmg t for from' the dockets sxhibited "(except Kentucky, and Tcnnrffce whoft fuits ar fummed up in the agiregte) U appears, that in 1795 there , were ia74; and in 1800 there were 637 fuits commenced 1 (hewing ,x decreafe of 587 funs ; f ;., 1.; 'rl . Could it be JiifceflTiry then rto increafej courts when fuits were decreafing i Could it bo tieccflary to mull !pl judges, when ibeir duties were diminilhipg r And -will 1 uc juuiucn mcreiurc m anirmmg, tnat not the law was unneceftari, and that Consrrels acltd under a mi taken impreffion, , when they multiplied, courts and judges at o' time wben litigvion ,wa actually decreaf ing. '. ,: ' -.'-i- " B ut, Sir, the decrafc of iufieeft gdeit fmall wa in fixirg my opinion olnithis'fob- J?WI,m incJined o. thinks tliat fo far? "from their having been a peceflity tat this' time for an incteafc of coxrt and )udgcs ? -that the time never will arrive, when Ame-: iica will ftand in need of 38 federal judges. Look Sir, at your conllitution and ft the judicial power there configned to federal Courts, and fert iuPyafk yourfelf, can there be fairly extracled from thofe powers fub-! jecta of litigation fufSoicnt for 6 fuprme& 32 inferior cou,t judges ?T me it ap 1 .pears impuffible. 5..:,-,,., : .v-: J ':.:..!.':.'. !.'" ' ' , ''.:'' : fThe king's bench and common pleat, whh confilt of 4 judges each, entertain all fjae fOsninort. law fuits of 40s. and upwards oriartaigarnong 9 miljions of the molt commftcTaJ people in tbe world. They moieover rcvife the proceedings of not only ill. the petty court's of recoil io the kingdom . r r ,v.-i . even oown 'to. inccouris 01 rieponure ; diiv aifo -of the court of Kiags bench; io lie. land : aua tnee.44ipreme. courts, arter cen turies ol yentnent, are found, to be fully competent to all tbe ballnefs of the king dom. , . j ' . ... . -, 1 will now inquire into the power of con " grrfg, to put down thi'Te "additional courts and judges, .: '."'.- vj ' ; 1 ll. As to the courts. Congrefs are era- -powered by theconftitutioii '' from time, to' time to ordain and eftahlifli inferior courts," : I'be, aft ri,pw., under cenfidejatiun, is a le kiuitive imtruBloh of this claufe in the cn. ftiimidiviaaXcoogrefc as well.Tbe fettled 'OH B6, Snd wecannot cakuiate as create tbefe judicial olficeri ; . becaufe, it does exprclsly iu the 27th feftiop of the al, abolljh the then exifling inferior courta", for the purpofi of making way for the prefent. This conftruclion I : contend is cot reel : but it is equally1 pertinent to my '. objedt, whether it be, or be not. If it be correct, then the" prefent inferior courts may be a. balifhed aronfthulionBlly as the laft if it be not then the law for. abolifhing the former courts, and eftablilhing the prfent, was noconltitutional and conUquectly re- pe i b:. - r :-; .'-' But independent of this l-giflative con ftrudion on which 1 do not found my opin ion, nor mean to tely my argument, there is little doubt indeed, in my mind, as to the power pfcongryfs on this law. The ill ftAion of ,ibe 3d article, ycttsjhe judicial power cf the United States in one (uteme court and fuck inferior courts as congrefs may from time to lime, ordain and eftablifli, iiy this cfaufe congiefi itioj from time to lima . eftablifti inferior couits ; but it is cleaily a difcrctional power, and they may not ellabliuY them- The language of the conllitution is very different when regula tions are not left difcrctional. For exam ple ."fThe tiial, fays the conflitutiou, of all ciimes, (txeept iricafei ...of impeach-, ment) lai be" by jury: Representatives and direct taxes Jball bt applied accoiding ta numbers. JfAH feveTiBe bills flxtll origin ate in the hoi$e of reprefentative's,. &c.,It would therefore ia my view be a per.verfioa not only of language, but of intellect, to fay,, that although congrefs may from time to time cflablttli inferior couits, yet when etlablilhedi thitt they hall not be-aboliflied, by a fubftqueijt congrefs pofRfftng equal power. It would be a paiadox in ligifla tion. . ' .. '( ,. -.i .-. .. t&, j As to the judges. r-The judiciary department ie fo conilructed as to be fuffici ently' fecured agfainll 'the Improper influence of either the executivC"or Itgjflatijiede partments. rr .TbcVvcoiiit': are organized and " clUblifbed by the leg'flaturc, , and the executive creates the judgs. , Befng thas organized, the conftitution affords the proper, checks to fecure their honefly and independence in office. It declares they (hall hot be removed from rjflct during good behavior f nor- theftf falarieg diminifhed dur ing their continuance in office. ' From this it 'refults, that a judge after his appointment; ia totally out of the power of the president, and his (alary fecurcd againit Jcgiflative du dortfwit, the' judie, can rcoiain : when tlie fwbftaiicf , to Wit, the office is removed I It mull have intended all tbefe abfurditiea. ir it mult admit a condruflion which will Bvoiu tpenj. '..-".. . That cootlrulioo obvioufly is, that a judge. Ihould hold an extUti? rffice, fo lone p oe w, uib uuiy . iu iiiai ,uincc ana not-. )bat . he Ihould hold en office that did not exift, and perform duties no! provided . by Up. Had ttie conllructiqn.wbxh 1 contend againtt beep ccntemtlated by thofe who fri'med the conllitution, it would have been ojeceffury to have declared xplicitlv. that ; m 1 ... . . - . - judge? Ihould hold their oihees and ' falanes rogg;ooa oenavior. Spch a conflruftidn is not only iirecon cilable with rehfon and propriety, but is repugnant to the piinciplcs pf.tl conftitu.. lion. It is A principle of our conllituti oii, as well as of common honeily, that no rand indcpendeiice.' while exeicifinit Ki f. man man recieve puptic money, but in con,.. I hce. The idea was iitroduced in Enelaftd a.lcrayon ot publx1 ..lcrytcee. ; inepure J to couhteraft the influence of 'the crown oraces toeretoreaic not permitted bT oor over the ludzes 1 but f the cnnnr,.A,V iairor conttitution. j this contlrudli. I now cooteridertffa-' iall r.uIL,..;U ffcompietc tinecirre officea wijl . be. Crea J 1 Ittonc miflaken imitation pf this our favor tea ; liotts ot conjtitutwr peners wj bet areac. koowledgcdby the letter, fpiittr genius pf oiir : conttttut roDk and. aic.. to .'roe non de scripts. ;... y.v .. m . There is anotbet difficulty under thiar conftroclion flill to eccouiuer, and whicb alfo grows out of (lie conttitution -By tber cooiutntion, a new Hate may be formed by the conjunction f two or more Hates, with, their aflent and that ot congrefs. 7 Is this docYrinc, once a judge and always a judge correct ; what ( would too do in fach aa- cvcui, wiiu iuc uiimci juoges or me uaic wbo formed that junction I Both would be unnecefTary and ; you would have in a fingle itate, t wo judge ot equal - and concurrent jurifdiiftion j or one a real judge with an, olnce, and another s qvyl judge without an omce. The Hates alio forming fuch iudcTioo would be equally "embarraficd : with their date judges i tor the Tame coo(lruclioa.Quld be equally .applicable to them 7 Upon the conltruction alfo. ah infallibihtr is predicated, which it would be arrogance in any human inftitutioH to a(Tume& which goes to cut up leeiflationbv the root.'. We fbould be debarred-from that, which is in dulged to us from a higher fource, and on furjef((s of higher concern than legif)atioa 1 mean a retraction trom, and correction, of .our errors. On all.other fub efts' of keif. lat ion we ate allowed-.it fecras to cbanire our minds, except on judicial fubjects, which of alt others i moft complex and difficult. 1 appeal to our own- Statute book to Prove this difficulty ; foria 10 years congrefs have palled no ltfs than 26 laws on thia fdhjeft. .;! ;,. .;v'Vi J conceive fir, that tbe tenure by which. judge bold bis officer ia evidently hot- . tonitd on the idea of fecuring his honcfty. -' : f - m '- " 'if ri '" i ' V' ' . i f t i) how lor e This is rrallv Creatine a new fpecies of public debt j not like any other of our debts, we cannot dikharge the punci- pal at any fixed time. It is worfe than the deferred flock ; for on that you pay an an- nuai loteren oniy ana me principal is re deemable at a given period. . But here, you j b annual princija in& that principal irredeemable except by tbe 'will of provi dence. It may fuit countries where public debts arc conbdeied as public b'effings j for in this way a people might loop become Juperlativcly biclled indeed. Let me not be old, fir, that the falariea in the prefent cafe arc inconhdtrablepd. ought"iiono7be withheld ; and 'bat the doclnne is not a dangerous cne, 1 1 anfvrer, it is the principle I contend -againit, ( and if it is heterodox tor one dollar, it is equally fo lot. a million tiut I cor.Und tne punciplr. sf ohcc admitted, may be extended to do ftroftive lengths. Suppofc it (hould In re- after happen, that thofe in" power Ihould combine . to provide handfonuly for their friends, couly any way fo plin, eafy and ttleduai prelent itielf, as by creating courts, and filling them with thofe fiiendi ? Might not 6c at well as 16, with falaries of twen ty thoufand, in Head of two tboufaod dol lars, be provided foe in this way ?. . The thing 1 truft will not happen. It is prefuming a high degree of coiruption ; but it might happen under the co oil ruction contended for as the conllitution prefumes corruption may happen in any department of the government, by the checks it has furniihed againfl it j and as this conftrucli on does open a wide door for corruption, it is but fair reafoning to mew the dangers which . may growiut of it j for in the con ftruclion of all inttruments, that which will lead to inconvenience, mifchief or abfurdity ought to be avoided. This doctrine has Jr another difficulty to reconcile. After the law is repealed, they are either judges or be iropeached j but for what r ror mal-fea-fance in office only. How, J would afk, can tbey be impeached for mal feafance in office, when their offices arc abolifhed ? they are not officers, but Hill they are entitled id the emoluments annexed to an office. Although they are judges, they cannot be guilty of mal-feafance, becaufe they have no office. , They are only quafi judges fo as regards the duties, but teal judges io far as regards the falary. It mud be the falary. then and not the dune which temtitute a ing, what they have not, a iadicioligarubvt- for there, their judges sre removable by a joiui vote of Lord and CommonsHere ours are not removable, except for mal fea lance in office u which r mal-feafance could not becemmitted, as tbey would have ab; office,. .j.k ,. n'r.i:;. . -7-,-'-.. H Upon the whdle . fir, as all courts under any ftee government mutt be created with aq eye to theadmlniflration of iuftice'oolv t and not with any regard to the advancement' 01 emolument,-of individual men 1 a we have 'undeniable evidence, before lis. 7 that the creation of the Courts now under confi deration was totally unnectffary j and as no government can I apprehend, ferloufly de ny that this legflature has a right to leoeal ' a law ei afled by a preceding one 4 will. in any event, di.cbarge our duty by repcaK; . lllg the (aw ; and. thwrctjy SOIttg aft III tIXt pofjocorfeftthe evil. 'If the judges are iutitlcd to their falaiics, under the confti-' tution, our tepeal will not anea them' t & they willno doubt rcfoi t to their proper remedy : For where there is a conititution-i al 1 ii'ht , there mti ft be a remedy, ' ' A tier Mr. . xSrcckennoVe clofed his re. maiks there was a considerable paufe, when ' the prelident again read the refolution, and; enquired if the houfc was teadr . for the que (lion. ... , si ' vj'J'i Mr. OlcotJ,of New Ha mp (hi re, thought. the fubjeft .s of fo much importance at ' to merit ful ther confideration. " ' 7 ; Tiie 'arguments of the gentleman fVnat Kentucky however ingenious, had not con vinced him that the law ought to be repeal ed. It bad not ' -risen like a molhroom ia the night, but the principle on which it rcfled had been fet' led after mature reflecti on, ne ttiougtit itt would be extraordinary before any inconvenience bad been difcoverr ed, to ret fuch a law aftde. For thefe rca foo Mr.; O,; movpd, -ba: poftponement of tne contiaeration.ot.tne quenion. Mr. Cecity of Tenneffee. This aft it faid to. be ewirsly experimentttl, and"- it t further faid, that no inconventeneies had arifen under it. He thought ferious in- . convenience bad arifea. The inconveni ence of paying 1 37,000 dollar a year wa truly fenous ; and it was an inconvenience which ought to be got rid of as foon a pof. fible. It was expefted that gentlemen op. pofed to the refolution would come forward, with their argument againfl it. - If, how ever, they had so argument to ufe, be thought bis friend from Kentucky bad brought forward rcafona fo cogent and ex - ""vM ' 7 -4 '-7 ' 7 . : l : ( -i j ' 7- "til ; 'X "- " i V -fr.-.-..-. 44-1, . ;, '.. 7 i -;.: -. : j- ",-7rf. ' . ten - . ' .7.. , .. . -.-r: - :-- . k. . , . - -- 1 . 'I -. M: : ' ' v - :7-" v ; "' . ' ' : ' ' ' X ill ;:7 7 ... . - ... ;.,77r 7: v -7 77 7: i':-j-p-:r:: . .' ... "" ' ' '" ' "' '. "' . 7 . - - . . . .; 1 : ' , . . 7 .- . ,. 7. '. i v. ' ... .- . v i-,, ,., - . ' i -'-': V.;'- - r'-."-f J-1 ' V. yii-i. '"'.t' .-V , ' 1 , -.Nii'i '"M 11 i 1 J""11 1 1 iiwiiti.. 1 HIM w n i win i """'7!"'7 '.' " - ... jf f