Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/446

 438 for which we are indebted to the editors of that excellent work, the American Jurist. It is in the number for October, 1830, (vol. 4, p. 294, &c.)

"The representation alluded to was in answer to a letter, addressed by General Washington to the court upon its organization, which we have therefore prefixed to it.

United States, April 3d, 1790.

"': I have always been persuaded, that the stability and success of the national government, and consequently the happiness of the people of the United States, would depend, in a considerable degree, on the interpretation of its laws. In my opinion, therefore, it is important, that the judiciary system should not only be independent in its operations, but as perfect, as possible, in its formation.

"'As you are about to commence your first circuit, and many things may occur in such an unexplored field, which it would be useful should be known, I think it proper to acquaint you, that it will be agreeable to me to receive such information and remarks on this subject, as you shall from time to time judge it expedient to make.

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"'The Chief Justice and Associate Justices of the Supreme Court of tiie United States.'

"': We, the Chief Justice and Associate Justices of the Supreme Court of the United States, in pursuance of the letter, which you did us the honour to write, on the third of April last, take the liberty of submitting to your consideration the following remarks on the "Act to establish the Judicial Courts of the United States."

"'It would doubtless have been singular, if a system so new and untried and which was necessarily formed more on principles of theory, and probable expediency, than former experience, had, in practice, been found entirely free from defects.

"'The particular and continued attention, which our official duties called upon us to pay to this act, has produced reflections, which at the time it was made and passed, did not, probably, occur in their full extent either to us or others.

"'On comparing this act with the constitution, we perceive deviations, which, in our opinions, are important.

"'The first section of the third article of the constitution declares, that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts, as the congress may, from time to time, ordain and establish." § 1574. In the convention, which framed the constitution, no diversity of opinion existed, as to the establishment of a supreme tribunal. The proposition