tional judiciary was a
material defect of the confederation. Dependence upon the state courts
to enforce the laws of the union, subjected the government to great
inconvenience and embarrassment. A government that has a legislature
and an executive, should also have a judiciary to judge of and interpret
the laws. 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 ordain and establish." Under the authority
here given, congress passed the judiciary act of 1789, by which the
several courts of the United States were established.

Sec.2. The same section declares, "The judges of both the supreme and
inferior courts shall hold their offices during good behavior." In no
other department of the general government are offices held for so long
a term, which is virtually for life, unless removed on impeachment, or
for inability. To insure a correct and impartial administration of
justice, the judges should be independent. If they could be displaced at
the pleasure of the appointing power, or by frequent elections, they
might be tempted to conform their opinions and decisions to the wishes
of those on whom they were dependent for continuance in office. The
object of the framers was to remove them as far as possible from party
influence.

Sec.3. It is further provided, with a view to the independence of the
judges, that their "compensation shall not be diminished during their
continuance in office." Salaries are fixed by congress. To give congress
power over the purse of an officer, is to give it power over his will.
Dependence upon the legislature would be as great an evil as dependence
upon the appointing power. Besides, men generally selected for high
judicial offices are eminent lawyers, pursuing a lucrative professional
business; and, without a liberal salary, men of the greatest ability
would not accept these offices; or if in office, an essential reduction
of their compensation might induce them to resign their offices.

Sec.4. The next section enumerates the cases to be tried in these courts.
It is evident from their nature that state courts are not the proper
tribunals to try them. Also all violations of the laws of the United
States are tried in the national courts. Thus, the counterfeiting of
United States coin, murder and other crimes committed on the sea, beyond
the jurisdiction of a state, smuggling goods, that i