Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
We are further told “that the judicial departments, or those courts of
law, to be instituted by Congress, will be oppressive.” We allow it to be
possible, but from whence arises the probability of this event? State
judges may be corrupt, and juries may be prejudiced and ignorant, but
these instances are not common; and why shall we suppose they will be more
frequent under a national appointment and influence, when the eyes of a
whole empire are watching for their detection?
Their courts are not to intermeddle with your internal policy, and will
have cognizance only of those subjects which are placed under the control
of a national legislature. It is as necessary there should be courts of
law and executive officers, to carry into effect the laws of the nation,
as that there be courts and officers to execute the laws made by your
state assemblies. There are many reasons why their decisions ought not to
be left to courts instituted by particular states.
A perfect uniformity must be observed thro’ the whole union, or jealousy
and unrighteousness will take place; and for a uniformity one judiciary
must pervade the whole. The inhabitants of one state will not have
confidence in judges appointed by the legislature of another state, in
which they have no voice. Judges who owe their appointment and support to
one state, will be unduly influenced, and not reverence the laws of the
union. It will at any time be in the power of the smallest state, by
interdicting their own judiciary, to defeat the measures, defraud the
revenue, and annul the most sacred laws of the whole empire. A legislative
power, without a judicial and executive under their own control, is in the
nature of things a nullity. Congress under the old confederation had power
to ordain and resolve, but having no judicial or executive of their own,
their most solemn resolves were totally disregarded. The little state of
Rhode Island was purposely left by Heaven to its present madness, for a
general conviction in the other states, that such a system as is now
proposed is our only preservation from ruin. What respect can any one
think would be paid to national laws, by judicial and executive officers
who are amenable only to the present assembly of Rhode Island? The
rebellion of Shays and the present measures of Rhode Island ought to
convince us that a national legislature, judiciary and executive, must be
united, or the whole is but a name; and that we must have these, or soon
be hewers of wood and drawers of water for all other people.
Public-domain text, read in full here on John Shaqi.
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