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New York 23d. Septemr. 1789 Dear Sir. I find the judicial Bill now before Congress has given some uneasiness in New Hampshire: I wish those polititions who are opposed to it, will be pleased to propose a substitute; & I call, on them to suggest a plan for administring Justice, in those instances in which the general Goverment is invested with it by the Constitution, which will be less objectionable than the general principals contained in the present one. it will perhaps be said, that the State Courts might well enough have been entrusted with the matter in the first instance, and the expense of the district Courts thereby saved to the public. I with those who have adopted this Idea, to examine the Constitution in those parties of it which relate to this subject. They will there find, that the Judicial powers of the Union, are to be vested in one Supreme Court, & such other inferior Courts as Congress shall think properthat the Judges of those Courts, are to have fixed & permanent Salaries, and to hold their places during good behaviorThis you must be sensible, cannot apply to the State Courts, whose Salaries depend only on the Legislatures of the respective States, and who hold their places by the precarious tenureThe arraingment therefore contained in the Bill, is such an one, as I conceive every member of the general Goverment is bound by the Constitution to adopt who has taken an Oath to maintain the same. I would further observe that no confidence can be placed in the State Courts to decide properly, while they are not amenable to the general Goverment, but wholly dependent [last line of page illegible on copy] where the interests of the general Goverment & a particular State may happen to interfere, to which side is it to be supposed the State judges will feel a biass? I concieve to the interest of that Government on which they are imediately dependent for their support & their places, and may not this biass take place in instances, that relate to the very existance of the general Goverment? This I believe may be expected. I should consider the general Goverment as of very little consequence without its having a judicial coextensive Friend & very humble Servant Abiel Foster
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