man can be a Judge beyond sixty. I believe there are few at present, who do not disapprove of this provision. There is no station, in relation to which it is less proper, than to that of a Judge. The deliberating and comparing faculties generally preserve their strength much beyond that period, in men who survive it; and when, in addition to this circumstance, we consider, how few there are who outlive the season of intellectual vigor, and how improbable it is that any considerable portion of the Bench, whether more or less numerous, should be in such a situation at the same time, we shall be ready to conclude, that limitations of this sort have little to recommend them. In a republic, where fortunes are not affluent, and pensions not expedient, the dismission of men from stations in which they have served their country long and usefully, on which they depend for subsistence, and from which it will be too late to resort to any other occupation for a livelihood, ought to have some better apology to humanity, than is to be found in the imaginary danger of a superannuated Bench.
PUBLIUS.
[From M'Lean's Edition, New York, M.DCC.LXXXVIII.]
[THE FŒDERALIST.] No. LXXX.
[To the People of the State of New York:]
TO judge with accuracy of the proper extent of the Fœderal Judicature, it will be necessary to consider, in the first place, what are its proper objects.
It seems scarcely to admit of controversy, that the Judiciary authority of the Union ought to extend to
