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It is further stated, "there being no judicatures or Courts of Justice yet established," that, therefore, such an extraordinary step was necessary.
The reason for the Crown as it is, for the Lords as they are, is my reason for the Commons as they are, the electors as they are. Now, if the Crown and the Lords, and the judicatures, are all prescriptive, so is the House of Commons of the very same origin, and of no other.
'That the Devil may sometimes have a permission to represent an innocent person as tormenting such as are under diabolical molestations; but that such things are rare and extraordinary, especially when such matters come before civil judicatures'; and that some of the most eminent Ministers of the land, who were not at that meeting, are of the same judgment, I am assured.
Indeed, Sir, allow me to ask again, if the national judiciary was not to exercise a power of revision on constitutional questions over the judicatures of the States, why was any national judicature erected at all?
After the House of Burgundy had united several provinces under its dominion, the separate provincial assemblies which, up to that time, had been independent tribunals, were made subject to a supreme court at Malines, which incorporated the various judicatures into one body, and decided in the last resort all civil and criminal appeals.
Indeed it is the Heart which constitutes the Man; and external actions derive their whole character and meaning from the motives and dispositions of which they are the indications. Human judicatures, it is true, are chiefly conversant about the former, but this is only because to our limited perceptions the latter can seldom be any otherwise clearly ascertained.
If a king would be a thorough reformer, he must be reformed himself, otherwise he will never lay reformation to heart. To make a king a good reformer, I wish him these qualifications, according to the truth and in sincerity, wherewith they report Trajan the emperor to have been endued; he was, 1. Devout at home. 2 Courageous in war. 3. Just in his judicatures. 4. Prudent in all his affairs.
Inform yourself of the powers of the States, and of the nature and extent of the several judicatures; the particular articles of trade and commerce of Bremen, Harburg, and Stade; the details and value of the mines of the Hartz. Two or three short books will give you the outlines of all these things; and conversation turned upon those subjects will do the rest, and better than books can.
It is not to be supposed that the Convention intended that the power of the national judiciary should extend to these questions, and that the power of the judicatures of the States should also extend to them, with equal power of final decision. This would be to defeat the whole object of the provision. There were thirteen judicatures already in existence.
While the chiefs had this resemblance of royalty, they had little inclination to appeal, on any question, to superior judicatures. A claim of lands between two powerful lairds was decided like a contest for dominion between sovereign powers. They drew their forces into the field, and right attended on the strongest.
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