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39o CORRESPONDENCE AND PUBLIC PAPERS.
and yet be patriots, and if the merits of our opinions
can only be ascertained by experience, let us patiently
abide the trial, and unite our endeavours to render
it a fair and an impartial one.
These remarks may not appear very pertinent to
the present occasion, and yet it will be readily admitted that occasions of promoting good-will, and
good-temper, and the progress of useful truths among
our fellow-citizens should not be omitted. These motives urge me further to observe, that a variety of
local and other circumstances rendered the formation
of the judicial department particularly difficult.
IWe had become a nation. \As such we were responsible to others for the observance of the Laws
of Nations ; and as our national concerns were to be
regulated by national laws, national tribunals became
necessary for the interpretation and execution of
them both. No tribunals of the like kind and extent
had heretofore existed in this country. From such,
therefore, no light of experience nor facilities of usage
and habit were to be derived. Our jurisprudence
varied in almost every State, and was accommodated
to local, not general convenience; to partial, not national policy. This convenience and this policy were
nevertheless to be regarded and tenderly treated. A
judicial controul, general and final, was indispensable ; the manner of establishing it with powers
neither too extensive nor too limited, rendering it
properly independent, and yet properly amenable,
involved questions of no little intricacy.
The expediency of carrying justice, as it were, to
| Title | The correspondence and public papers of John Jay - 3 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000425 |
| Type | Books/Pamphlets |
| Transcript | 39o CORRESPONDENCE AND PUBLIC PAPERS. and yet be patriots, and if the merits of our opinions can only be ascertained by experience, let us patiently abide the trial, and unite our endeavours to render it a fair and an impartial one. These remarks may not appear very pertinent to the present occasion, and yet it will be readily admitted that occasions of promoting good-will, and good-temper, and the progress of useful truths among our fellow-citizens should not be omitted. These motives urge me further to observe, that a variety of local and other circumstances rendered the formation of the judicial department particularly difficult. IWe had become a nation. \As such we were responsible to others for the observance of the Laws of Nations ; and as our national concerns were to be regulated by national laws, national tribunals became necessary for the interpretation and execution of them both. No tribunals of the like kind and extent had heretofore existed in this country. From such, therefore, no light of experience nor facilities of usage and habit were to be derived. Our jurisprudence varied in almost every State, and was accommodated to local, not general convenience; to partial, not national policy. This convenience and this policy were nevertheless to be regarded and tenderly treated. A judicial controul, general and final, was indispensable ; the manner of establishing it with powers neither too extensive nor too limited, rendering it properly independent, and yet properly amenable, involved questions of no little intricacy. The expediency of carrying justice, as it were, to |
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