(Tactic pjo. XLII.] THE TAiiLE T. No. XLII. " The good and bad qualities of men are so blend e.J that it cannot be exaElly known, where one ends ariithc other begins. This creates a source oj uneafi rlfi and jealonjy among the people, and makes them extremely at a loss how to manage the dijlribution of frttift and-blame." THERE is no situation in which men can be placed, where it is more difficult to ascer tain their real motives of conduct, than when : hey are speaking of publi<ft affairs. However diverfified may be the tempers of men, however oppolite may be their pursuits, they fee.n gene rally to be agreed in this one point ; that the con iirr.i of the government might be managed better than tktj are. Every man supposes he poflefles a good share of public spirit. While patriotism is the pre tence it is a very plausible cover lor ignorance, ill-nacure and felf-intereft. There are fomany mifchiefs heflilting from-the deception which is inpofed on the world, by the falfe colors which the jraffions and characters of men afluine, that Icoul3 wish my readers would call their atten tion to a little felf-examination. Several persons of my acquaintance often meet in a club to dis cuss political fubje<fcs ; and whenever I fall in rheiv company I have observed, they are fond of (hewing their patriotism by pointing out some of tie errors of the government, and suggesting hints of improvement. I (hould be wanting in candor if I imagined all their observations were dictated by fiujjler views. Men, who support an tmblemiffied reputation in the private walks of life, are entitled to some degree of indulgence, when we are construing the motives of their con dudrelacive to public rvanfuctions. Under this prrfuafion, 1 will mark the outlines of some cha racters, who I perceive have some influence in forming and controtiling the popular opinions and wiihes. The relult will prove that men with out any bad intentions often mistake the public good, and excite clamour and uneasiness when no raufe exists Ixfeux is a man who, in many refpe-its, pof fefles real worth and excellence. He is only had in appearance. Any one, who pafles an hour ■with him, will go away diflatisfied ; but upon a more intimate acquaintance many good qualities may bedifcovered. It is to be regretted, that so worthy a man often makes himfelf and others unhappy, by the irritability ofhis temper. From a natural reftlcfluefs of spirit he is so habituated to murmur and fret, that no character or event escapes the strokes of his pevifhnefs. When he is speaking of public men and measures, one would imagine, he is the invetetate enemy of both. But there is not any man, whom it would be more difficult to draw into any deliberate aift offedition ; and there are few men, from whom the community derives more substantial benefit. With an incessant spirit of complaint, he pays h'.s taxes and performs other duties required of him, in better season than any of his neighbors, andwirh as little captioufnefs as he eats his din ner. This call of temper may rather be called ill-humour than malice, and keeps a man habi tually uneafv without provocation or design. It strikes at 110 determinate cbjetft, but rails indif criminatelv at the times. Such a man is always discontented with present objetfls, without giving any real'on why he is so ; and wifhesalterations, without being able to tell what they Ihould be. If I rcmonllrate with my friend Infelix and Wgehim to check his fretlulnefs, he will scarce allow that he has a complaining spirit. When be has been, for several hours, throwing censure on public affairs, if he is told of it, he recolledts little or nothing of the matter. He means no barm and really feels no enmity. Still, however, bcis a dangerous aflociate. Many ofhis acquaint ance believe he is a zealous patriot. They do "ot conlider that he is constitutionally prone to murmur ; and are apt to ascribe to a cool reflec tion, those remarks, which involuntarily flow rom a habit of impatience and difgulf. I have another friend called Ben k vol us, from *hom, it would be imagined, the public ty had nothing to fear. He never speaks with any degree of fplean and resentment ; and has uchan habitual serenity of mind as to be the fa l°rite companion of all his acquaintance. But range as it may appear, Besevolus some times a es the confidence of his friends, in the pub ic proceedings. From a strong desire to fee the a , a ' rs °f _the community prosper, he beholds w 't too lively lenfibility every occurrence that counteracts so benevolent a wi!h. The truth is, e 1 :u "'' s t0( » favorably of mankind, and is led 0 expect more than events will authorize. As e lla s no just ideas of human nature, when he ceu es instances of imperfedaon in any indi- SATURDA Y, September 1739. viduals, he is apt to suppose other men are less liable to frailty. In fliort, he never fufpedts any errors in any person until he aiflually (lifeovers them. Benevolus, though a well disposed man, is a very weak one. His knowledge is not To ex tenlive as his motives are pure. He has so defec tive a discernment, that he cannot diftinguifli between public misfortunes and public errors. His want oflagacity prevents his tracing di(orders to their proper source : and makes him charge up on individuals those evils which result from the inherent nature of society. He will not complain with bitterness, but mildly exprefles the pain he feels that public officers have so little patriotism and integrity. Bf.nevolus is perfectly honest in his principles and confines all his afiertions with in the limits of truth. The defeat of his under standing exposes liim to mistakes ; and makes him inadvertently the dupe of men worse than hiinfelf. This good man, while he fervently wifiies well, often does ill to the government. (To be continued.) NEW-YORK, September 5, 1789. SKETCH OF PROCEEDINGS OF CONGRESS. In the HOUSE of REPRESENTATIVES of the UNITED STATES, SATURDAY, AUGUST 29. IN committee of the whole—Mr. Boudinot in the chair.— DEBATE on the JUDICIAL BlLL—continued. On motion to strike out the third fe<ftion. MR. MADISON. It will not be doubted that some judiciary system is nccoilkry to accomplish the objects of the government; and that it ought to be commensurate with the other branches of the government. Under the late confederation it could scarcely belaid that there was any real le. giflative power. There was no executive branch ; and the judicial was so confined as to be of lit tle consequence. In the new Constitution, a re gular system is provided. The legislative power is made effective for its objeifts ; the executive is co-extensive with the legi'lative, and it is equal ly proper that this should be the cafe with the judiciary. If the latter be concurrent with the (late jurifdicftions, it does not follow that it will for that reason be impracticable. It is admitted that a concurrence exists in some cases between the legislative authorities of the federal and State governments ; and it may be fafely affirmed that there is more both of novelty and difficulty in that arrangement than there will be in the other. To make the state courts federal courts is lia ble to insuperable objevftions. Not to repeat that the moment that is done, they will from the highest down to the county courts, hold their tenures during good behaviour, by virtue of the Constitution. It may be remarked that in ano ther point of view it would violate the Constitu tion, by usurping a prerogative of the Supreme Executive of the United States. It would bemak ing appointments which are cxprefsly vested in that department, not indeed by nomination but by drfcription, which would amount to the fame thing. But laying these difficulties aside, a re view of the constitution of the courts in many States will fatisfy us that they cannot be trusted with the execution of the federal laws. In some of the States, it is true they might, and would be fafe and proper organs of such a jurisdiCtion : But in others, they are so dependent on the State legislatures, that to make the federal laws de pendent on them, would throw us back into all the embarralfinents which characterized our for mer situation. In Connecticut the judges are ap pointed annually by the legislature, and the le gislature is itfelf the dernier resort in civil cases. In Rhode-ifland,which we hope soon to fee united with the other States, the cafe is at least as bad. InGeorgia even under there formed Constitution, the judges are triennially appointed, and in a manner by no means unexceptionable. In Penn sylvania they hold their places for seven years only. Their tenures leave a dependence, par ticularly for the last year or two of the terms, which forbid a reliance on judges who feel it. With refpe(fl to their falaries,there are few States if anv, in which the judges (land on independ ent ground. On the whole, Sir, I do not fee how it can be made compatible with the Consti tution, or fafe to the federal interests to make a transfer of the federal j urifdi<ftion to the State courts, as contended for by the gentlemen who oppose the clause in question. Mr. Jackson. —Sir, the importance of the question induces me to trouble the committee so far as to answer one of the arguments made use of in the opposition, and which I think neceflary (to do away the inipreffions they may have made) iiiould be anfsvered. The gentleman from Mas- [. Publijhcd on Wcdnifday and Saturday .'J fachufetts, (Mr. Sedgwick) has carricd tlie na tion to the highest pinnacle of glory ..and in a mo ment hurled it down to its lowest pitch ; and has laid the loss of national faith, credit, and honor to the want of an energetic judiciary.—Every good citizen will with him deplore the abject ltate we have been brought to ; but, Sir, do his arguments hold good here ? I am of opinion and it is evident they do not. —Under our old form of government Congress had no compelling judicia ry—no power of reversing the decrees of the State Judges ; but is it contended that they have or ought to have none under the present system ? It is allowed, Sir, that Congress shall have the power in its fulleft extent to correct, reverse or affirm any decree of a State court ; and afliired ly the supreme court will exercise this power. How then can our national faith or honor be in jured by striking out the clause ill future ? It malt be obvious to the gentleman himfelf that his fears are groundless : For the supreme court will interfere and keep the State judiciaries within their bounds. That authority will tell them, thus far fhallj'e go, and no farther, and will bring them back when they exceed their bounds to the principles of their institution. Another gentleman from Maflacliufetts, (Mr. Ames) has advanced a position .1 cannot agree with ; lie has said that the State courts will, nor cannot take cognizance of laws of the Union/as it would be taking up matters without the bounds of their jurisdiCtion, and interfering with what was not left to them. Sir, I anl'wer that gentle man with the words of the Constitution, " This Constitution and the laws of the United States made in pursuance thereof, and all treaties, Bcc. shall be the supreme law of the land"—rthis fur pafles in power any State laws : —The judges are bound to notice them as the supreme law, and I call on the gentleman to know, as a profefiional man, if a criminal was tried for a ca pital offence under a State law and could juf tify himfelf under the laws of the Union, if the State judges could condemn him ? Sir, they would forfeit their oaths if he was not acquitted; —this however he has admitted in his argument in some measure. If there was no jurifdiftion, neither could they notice the law. I acknow ledge that the gentleman has used many specious arguments ; but as they reft chiefly 011 this ground, I think they are done away. The gentleman (Mr. Madifjn) from Virginia, has advanced that by leaving this power in the hands of the State judiciaries, or by joining their concurrent authority, you establish them as infe rior jurisdictions. If the gentlemau will turn to the I ith and 25th fetftions, he will find both those pofttions eftabliihed,and what fell from thegentle man from Mallachufetts concerningjurifdiction is likewise answered. The State courts by the for mer are acknowledged to liavecoiicurrent jurisdic tion in a large extent, where the United States or an alien are a party, or between citizens of one State and those of another. And if the jurisdic tion is acknowledged in some points, it must be supposed to be so in the fulleft entent. By the 25th, Sir, they are again fully established, and therefore they are now by the present system in every light as fully, agreeably to the gentleman's argument inferior jurisdictions, as they possibly could be by the principles of the gentleman from New-Hampshire. And here Sir, I will advert to the general arguments, used by the gentlemen in opposition, of the neceflity of power to enforce the laws of the Union and support the national exiltence and honor. Sir, lam opposed in some degree to this clause. For the extent of its power, even supposing the diftri<ft and circuit courts abolilhed, swallows up every fbadow of a State judiciary. Gentlemen have therefore no reason to complain of the want of federal judiciary power, for the clause declares, " That a final judgment or decree in any suit in the highest court of law, or equity, of a State in which a decision of the suit could be had, where is drawn in question the validity of a trea ty, or statute of, or an authority exercised under the United States; and the decision isagainft their validity ;or where is drawn in question the va lidity of a statute of, or an authority exercised under any State on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in fa vor of such their validity; or where is drawn in question the conftrucftion of any clause of the constitution, or of a treaty or statute of, or of a coinmiflion held under the United Stares, and the decision is against the title, rio;ht, piivilege or exemption specially set up, or claimed by ei ther party under such clause, of the said consti tution, treaty, statute or commiflion ; may be re-examined and reversed or affirmed in the su preme court of the United States.'' Sir, in my
Significant historical Pennsylvania newspapers