nature of the Judicial power; from the objects to which it relates; from the manner in which it is exercised; from its comparative weakness; and from its total incapacity to support its usurpations by force. And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments in one part of the Legislative body, and of determining upon them in the other, would give to that body upon the members of the Judicial department. This is alone a complete security. There never can be danger that the Judges, by a series of deliberate usurpations on the authority of the Legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations. While this ought to remove all apprehensions on the subject, it affords, at the same time, a cogent argument for constituting the Senate a Court for the Trial of Impeachments.
Having now examined, and, I trust, removed the objections to the distinct and independent organization of the Supreme Court, I proceed to consider the propriety of the power of constituting inferior Courts,[1] and the relations which will subsist between these and the former.
The power of constituting inferior Courts, is evidently calculated to obviate the necessity of having recourse to the Supreme Court in every case of Fœderal cognizance. It is intended to enable the National Government to institute or authorize, in each State or district of the
- ↑ This power has been absurdly represented as intended to abolish all the County Courts in the several States, which are commonly called Inferior Courts. But the expressions of the Constitution are, to constitute "tribunals inferior to the Supreme Court;" and the evident design of the provision is, to enable the institution of local Courts, subordinate to the Supreme, either in States or larger districts. It is ridiculous to imagine that County Courts were in contemplation.—Publius.
