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Page:United States Reports, Volume 2.djvu/418

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412 Casts ruled and adjudged in the uga. the place in which rules in caufes here depending {hall be obtain- VVV cd, Tm; Cmnt JUSTICE, at a fubfequent day, {lated, that Tu: portant principle which it fo llriftly obferved lsy the Conllitution of the United States. . “ Thefe, Sir, are the reafons of our conduit. Be all`ured that, though it became necellirry, it was far from being pleafant. 'l`o be obliged to aét contrary, either to the obvious directions of (Jongrefe, or to a conllitutlnnal principle, in our judgment equally obvious, ex- eiteci feelings in ur, which we hope never to experience again." The Circuit court for the dillriét of North Carolina, (conlilling of Ianni-:_t.r., juries, and Sr·roac.sves, Dillri€td]¤dge) made the follow- ing reprefentation in a letter jointly addrelle to the Prelident of tho United States, on the 8th of june, rygz.

  • ‘ We, the judges now attending at the Circuit court of the Uni-

ted States for the dillrict of North Carolina, conceive it our duty to lay before you fome important oblervations which have occurred to us in the conlideration of an act of Congrefs lately pall`e¤.l, entitled “ an a& to provide for the fettlement of the claims of widows and orphans barred by the limitations heretofore ellablilbed, and to regulate the claims to invalid penlious. “ VV: beg leave to premife, that it is as much our inclination, as it is our duty, to receive with all pollible refpeét every a€t of the Le- gillatnre, and that we never can {ind ourfelvea in l. more painful litu- ation than to be obliged to objecl to the execution of any, more efpe· cially to the execution of one founded on the purell principles of hu- manity and juilice, which the act in quellion undoubtedly is. But, however lanientable a drlference in opinion really may be, or with whatever dimculty we may have formed an opinion, we are under the indifpenfable neceiity of aéting according to the hell dictates of our own judgment, after duly weighing every coulideration that can occur to ua 5 which we have done on the prefent occalion, •‘ The extreme importance ofthe cafe, and our delire of being ex- plicit beyond the danger of being mifunderllood, will, we hope, jul`- tify us in {lating our obtervationa in a fyflematic manner. We therelore, Sir, lubmit to you the following :— · ** 1. That the Legillative, Executive, and judicial departments, are each formed in a lieparate and independent manner; and that the ultimate oalis of each it the Conllitution only, within the limits of which each department can alone jullify any art of authority. · •* z. ’1`hat the Lcgillature, among other important powers, unquel`- ticnably poll`el`a that of ellablilhing courts in fuch a manueras to their wifdom lhall appear bell, limited by the terms ofthe conllitution on- ly; and to whatever extent that power may be exercifed, or however levere the duty they may think proper to require, the judges, when appointed in virtue of any fuch ellablilhment, owe implicit and unre- ' ferved obedience to it. “ 3. That at the fame time fuch courts cannot be warranted, as we conceive, by virtue of that part of the Conllitution delcgating judi- ciulpower, for the exercile of which any act of the legillature ia provided, iu exerciling (even under the authority of another art)