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one hundred in a year in all the President alone, in the couts of states) it would be necessary law, or in the heads of departappoint and scatter over their ments, it does not authorise convast territory many thousands gress, though both houses and the of justices of the peace, coro President should unanimously coners, constables, &c. The attempt cur, itself to appoint immediately to execute the power, would be by law. This would really be coras impracticable as it would be struing the constitution like an old ludicrous. But it is said the states pleading, without allowing the beare to watch with jealousy the acts nefit of the statutes of feofails. of the general government, (a Qui cadit a syllaba, cadit a tots monstrous heresy in the politics of causa. A rational construction, it this country) and if it use the would seem, would authorise conagency of the officers of the states, gress to do itself what it can, at its it will have a tendency to a conso pleasure, authorise an inferior lidation of the state governments. | body or an individual to do; but

Exactly the reverse is the sound that is not the question. It may be conclusion. The necessary depend safely admitted, that congress can ence, practically, of the general not directly by law appoint an of. government on the states, in many ficer whom it can authorise an isparticulars, is one of the points in dividual to appoint, and yet the which its weakness has been most difficulty will not occur in this obvious and most lamented.

case. This is not the case of an The counsel for the prisoner, appointment. The magistrates al taking it to be granted or proved the state are not, by the act of that the act of the magistrate was congress, constituted officers of a judicial act, contended that the the United States. They are mere constitution had established a modely authorised to do a certain act. in which all judicial officers were The case may be easily conceived to be appointed, and that an act of in which a magistrate of a foreigt congress, giving authority to the state may, by act of congress, be magistrates of the state, was a vio-authorised to exercise an equiva. lation of this provision of the con lent power. That it is not an apstitution. It would not follow, how- pointment, in the sense of the conever, if the function were judicial, stitution, will be proved by re that the appointment must be ference to the undisputed practice made by the president and senate, of some of the state governments. for the constitution authorises con The constitution of Pennsylgress, by law, to vest the appoint-vania provides that the governo ment of such inferior officers as shall appoint justices of the peace they think proper, in the President (article 5. sec. 10.) and that they alone, in the courts of law, or in shall be commissioned during good the heads of departments; but the behaviour. But by an act of the lefunction is not judicial-the offi- gislature of that state, passed 20th cer consequently not judicial; and, Marck, 1810, all the powers of therefore, the argument, as urged, justices of the peace, are vested in do

not apply. But it may, per- all the aldermen of the city of Phihaps, be insisted that though the ladelphia, who, I believe, are elecconstitution doth authorise con ted annually by the people of that gress by law, to vest the appoint- city. ment of inferior officers in the So, in New York, justices of the

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= constituted every state of the union, and the citly that the state courts have not may be easits equally apply to them all. · That it is a commonly called the Judiciary Act, they may entertain an incidental

lent alose, in the peace are appointed by the gover- jurisdiction was assumed and the ir in the beak inor and council, according to the prisoner discharged. The second , it does not suite express requisition of the constitu was the case of a minor enlisted though boti kte: tion, and hold their offices during into the service of the United ent should use the pleasure of the governor and States, and Nicholson, Ch. J. deself to apir council

. But by act of the legisla- termined against the jurisdiction. This walk pain ture of that state (2d vol. Laws of He does, indeed, say, in speaking the continos New York, 508.) the aldermen of of an extreme case which was put g without ala the cities of New York, Albany by counsel, of great oppression and is the statue di and Hudson, are vested with the injustice, that he would interpose dit a syllabag sa

same powers as justices of the and discharge the prisoner in the A rational cost peace.

case supposed, but he adds" If By the constitution of South in such a case I should exceed the i do itself whes Carolina, justices of the peace shall technical limits of my authority, 1

be nominated by the senate and should have the approbation of all

house of representatives, jointly, good men, for resisting oppres10t the questi

and commissioned by the gover- sion under the colour of law.” nor (1 Brevard 568, 2 Brevard This is certainly no argument in 175.) Yet the clerks of the courts, favour of jurisdiction, while the

the wardens of the city of Charle- judgment in the case is on the Eston, and many other officers of want of it. In the last, which was

the state, are vested, by act of the also the case of a minor, who had is is not the legislature, with the powers of been enlisted, the court refused to

justices of the peace. The like interfere on other grounds-but

case probably occurs in almost chief justice Kent declares explied States. This arument of unconstitutionality; jurisdiction where the arrest is which we are now examining, will under the authority of the United

States. In this opinion I concur. If I am then satisfied that, in rela- there be cases in which the state tion to the case before me, the 33d courts have jurisdiction of the section of the act of congress, principal matter, I am of opinion is constitutional and expedient, or collateral question they may, though I reject the argument of therefore, in such cases, release expediency from the grounds on under a writ of habeas corpus, on which I rest my decision. It is not the ground of illegal confinement, a case in which I have a right because the prosecution is groundweigh it.

less, or for other sufficient cause. 3d. I might here leave the case, This authority may, perhaps, be but I deem it proper to consider exercised by courts having a su. the third ground. I think I have perintending power, though they no jurisdiction over the case. I am may not have jurisdiction for the aware of but three cases in which purpose of trial, for they have au. this question had been made. The thority to restrain and annul the case of Almeida already mention acts of inferior jurisdictions. But ed; the case of Emanuel Roberts, in a case like the present, where (2 Hall's Law Journal 192) in the state courts in no case and unMaryland; and the case of Jere der no circumstances can take miah Ferguson, in New York (6 cognizance of the offence charged, Johns. Rep. 239.) In the first case, to punish or acquit, and where the

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functionary appealed to is himself national union? But against whom in all questions under the laws of do we seek this protection? The the United States, subject to the government of the United States, control of their high tribunals, the government of the people all pretence of jurisdiction seems themselves, whose greatest power to vanish. I cannot, nor can all the returns into their hands bienially, judicial authority of the state, dis- and all of it at short intervals. Ä charge a defendent in a civil suit A government as able, as much who has been held to bail in the bound, and no doubt as willing to courts of the United States, how. protect the citizens as the governever illegal the arrest may be, be ment of the states. A government, cause I have no jurisdiction and which has its habeas corpus act, yet it is seriously imagined that I and its judges bound under the have, at my chambers, authority most solemn sanctions to execute to take their criminal jurisdiction, it. A government to which the which is, by their laws, expressly states constitutionally look up for exclusive, out of the hands of their the preservation of their free intribunals, and to determine the acts stitutions. That jealousy which we of the national legislature uncon sometimes see recommended, is stitutional and void? Nay more, in bad law and worse policy. I deny this state any two justices of the that it is inculcated by a true unpeace, one of whom shall be of the derstanding of the constitutions of quorum, have authority to carry the states; that is necessary to the the habeas corpus act into execu preservation of state rights or that tion, and have on the subject all the it can conduce to national happiauthority I enjoy. They too, then, ness, or national greatness. It may have a right to determine on the make us busy about some little constitutionality of the acts of con- factious privileges which are in gress, and to release those who are no danger. But a regulated liberty, amenable to the United States in under the protection of stable in. their criminal courts. But the prestitutions, will be best and longest tence for all this is, that the liber- secured to us, by regarding the ty of the citizen is to be preserved government of the union in a spirit inviolate. Is it meant by this, that full of confidence—in a temper he shall be exempt from all the devoid of jealousy. usual modes of trial instituted for Finally, I am of opinion I have the preservation of that very li- no jurisdiction of the case. Let the berty? That the march of justice prisoner be remanded. is to be divested of every thing staid and sober? That, instead of Edward P. Simons, Esq. counher solemn and learned judg- sel for the prisoner. ments, we are to have pie-poudre Thomas Parker, Esq. for the expositions of the great act of our United States.

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DR. Adam Ferguson, the last country, and the degree of Doctor
of those writers of the 18th cen of Laws. In the same year he mar-
tury whose works have reflected ried Miss Burnet, (a niece of the
honour
on their

age and country, celebrated Dr. Black,) by whom was the youngest son of the Rev. he had a numerous family. His Adam Ferguson, minister of Lo “ Institutes of Moral Philosophy, gierait in Perthshire, where he or Synopsis of Lectures,” publishwas born in 1724. After acquiring ed in 1769, served as a text book the rudiments of education at the to his pupils, and presented to school of Perth, he removed in others a general chart of science 1739 to the university of St. An- preparatory to the particular delidrew's, and thence proceeded to

neation of human nature and moEdinburgh. Here he became a ral philosophy. In 1773, the lite

member of a small society for rary renown of Dr. Ferguson prothe literary improvement and philo-cured for him an application from

sophical disquisition, in which the friends of Lord Chesterfield, to

were enrolled, among others, the go abroad with that nobleman as the distinguished names of Robertson, tutor, on a settlement of 2001. per 4. Blair, Home, Carlyle, and Wed annum for life. After an absence

derburne, since better known as of a year and a half, he returned Lord Loughborough, and Earl of to the Professor's chair. In 1776, Rosslyn. After passing through Dr. Ferguson answered the tract his academical studies with great on Civil and Religious Liberty, by credit, he became in 1745 chaplain Dr. Price, from whom he differed to the 42d regiment then recently chiefly on the ground of the inapraised, in which he remained till plicability of his doctrines to so1757. On leaving the regiment, ciety and to imperfect man, as he accepted the situation of pri- known from experience. In 1778, vate tutor in the family of Lord he being the intimate friend of Bute. In this capacity he conti- Dr. Franklin, was selected by nued till 1759, when he was ap

Lord North to accompany the pointed to the chair of natural phi Earl of Carlisle, Mr. Eden, (afterlosophy in the university of Edin. wards Lord Auckland,) and Goburgh, which he exchanged in vernor Johnstone, appointed Com1764 for that of moral philosophy. missioners to treat with the AmeIn 1767, he published his “ Historican Congress for concluding a ry of Civil Society,” 4to, which peace with Great Britain, as secreobtained for the author a place tary to the Commission; and on among the first literati of his

the failure of that mission resum

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ed his former functions. The not only of duly appreciating, best grand work by which the name of also of illustrating his learned lDr. Ferguson will be banded bours, by means of a most issdown to posterity, his “ History of resting correspondence, which the Progress and Termination of lasted for many years. the Roman Republic," appeared in 1782, in 3 vols. 4to. Two years Died at Cheltenham, Sept. 10th, afterwards he resigned the chair 1816, in his 81st year, RICHAR of moral philosophy, and retired REYNOLDS, of Bristol, a member on the salary of the mathematical. of the Society of Friends; who, in He now applied himself to prepare the full possession of those facul for the press his instructive lec- ties which had long been deditures, which he published in 1793, cated with humble piety to the under the tiile of “ The Princi- service of his Redeemer, full of ples of Moral and Political Sci- faith, of days, of riches, and of hoence, being chiefly a retrospect of nour, was gathered to his fathers

, Lectures delivered in the College as a shock of corn fully ripe. His of Edinburgh,” 2 vols. 4!0; and remains were interred on the 17th afterwards made a tour in Italy, of Sept. in the grave-yard of the with a view to collect in the li- Friends' Meeting-house in the braries of that country, such ma Friars, in Rosemary.street, wher terials as might be useful for a the inost heartfelt testimonies of new edition of his Roman history, respecı and regret were paid by all. to which he made considerable ada ranks to their common beneface ditions. This was his last literary tor.—Mr. Reynolds was formenty effort for the public benefit, and an eminent manufacturer in Brisindeed his very advanced age justly lol; and afterwards in the cod. entitled him to an exemption from cern well known by the name of farther toils, Dr. Ferguson was • The Coalbrooke-Dale Company, not merely a speculative philo- from which he had retired many sopher, but a practical moralist

. years. This good man's charities He was distinguished for integrity, were unparalleled in Bristol since benevolence, and the other quali. the days of Colston: but they were ties of the heart which render the not confined to that city, for he possessor amiable and estimable. had agents established in differAlthough the salaries of the Edin- ent parts of the country, whose burgh professors are but small, business it was to seek for cases yet in order to stimulate exertion, of distress in their respective his generosity often bestowed gra- neighbourhoods, and to recomtuitous admission. His income, mend them to his consideration; therefore, was less than it might so that thousands, who never heard have been; but a pension from the name of their benefactor, often government, together with the partook of his bounty. Sucb, howreturns from his works and other ever, was his singular modesty, emoluments, rendered him easy such his truly Christian meek

. in his circumstances, though not ness, that no exact estimate can opulent. He has left several MSS. be made of the sums he employed presented some years since to a in this way. It is believed that his worthy and amiable baronet (Sir expenditure in charity John Macpherson,) who had been 10,0001. per annum than 5000! one of his pupils, and is capable, as has been stated), and that it

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