The power of the President to grant pardons extends only to offences committed against the United States, which can't be productive of much mischief, especially as those on Impeachment are excepted, which will exclude offenders from office.
It was thought necessary in order to carry into effect the laws [pg 241] of the Union, to promote justice, and preserve harmony among the states, to extend the judicial powers of the United States to the enumerated cases, under such regulations and with such exceptions as shall be provided by law, which will doubtless reduce them to cases of such magnitude and importance as cannot safely be trusted to the final decision of the courts of particular states; and the constitution does not make it necessary that any inferior tribunals should be instituted, but it may be done if found necessary; 'tis probable that the courts of particular states will be authorized by the laws of the union, as has been heretofore done in cases of piracy, &c., and the Supreme Court may have a circuit to make trials as convenient, and as little expensive as possible to the parties; nor is there anything in the constitution to deprive them of trial by jury in cases where that mode of trial has been heretofore used. All cases in the courts of common law between citizens of the same state, except those claiming lands under grants of different states, must be finally decided by courts of the state to which they belong, so that it is not probable that more than one citizen to a thousand will ever have a cause that can come before a federal court.
Every department and officer of the federal government will be subject to the regulation and control of the laws, and the people will have all possible securities against oppression. Upon the whole, the constitution appears to be well framed to secure the rights and liberties of the people and for preserving the governments of the individual states, and if well administered, to restore and secure public and private credit, and to give respectability to the states both abroad and at home. Perhaps a more perfect one could not be formed on mere speculation; and if upon experience it shall be found deficient, it provides an easy and peaceable mode to make amendments. Is it not much better to adopt it than to continue in present circumstances? Its being agreed to by all the states present in Convention, is a circumstance in its favour, so far as any respect is due to their opinions.
A Citizen of New Haven.
The Letters Of Cato, Written By George Clinton.
Printed In
The New York Journal,
September-January, 1787-8.