Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-04-05
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3ngg6 bs grtsciior 81 glazing entire fbe Of IBIS
Gazette, tie eLeaat SPEECH Of Mr. BATARD
Ggaisf ne ,fsa Of fbe Jun GARY BILL - IFS great
length renaoI 'npyat7caB.s bas been printed in tv
P!as 8awtbkfI end IN m9f Of TIE daily and BALI
zUssty CJzeics in The Union Tbis beecb gives abe
and raagj7pabic visdnfisn Of The d-ra aavivfraioar
o5fo'al extraas s0i b grVsa from il, orfd< Srfss IF
Tuig certain jdc0biHirG 0rga5'sJ and igfHaafioH The
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Vi1eiggy Aes 5s Important qu5au rssg fbs right IF bs
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readsr -
c UPON the main queftion,'' fays
Mr.. Bayard, e whether the Judges
hold their offices at the will of the le-
giaature, an argument of great weight
and according to my humble judgment,
Of irrehfable force, till remains.
The legislative power of the govern
ment is not abfohte, bat limited. fit
be doubtful whether the Legislature can
do what the contribution does not ex-
plicitly authorize yet there can be no
queition, that they cannot do what the
contribution expressly prohibits. To
maintain, therefore, the contribution,
the judges are check upon the legifla-
ture. This doctrine | know is denied,
and it is therefore incumbent upon me
to flow that il is found.
II was once thought by gentlemen
who now deny the principle, that the
fafety of the citizen and of the ftates,
reited upon the power of the judges 10
declare an unconstitutional law void.
How vain is paper reftri6ion if it
conferS neither power nor right. Of
what Importance is it to fay Congreis
are prohibited from doing certain acts,
it no legitimate authority exits in the
country to decide whether an act done
IS a prohibited act Do gentlemen per-
ceive the consequences which would
follow from efablilhing the principle,
that Congreis have the executive right
to decide upon their own powers? This
principle admitted, does any confitu-
ton remain Does not the power of
the Legislature become abfolute and ON
nipotent [? Can you talk to them Of
tranfgrefiing their powers, when no one
has right 10 judge Of thofe powers but
themfelves? They do what is not au-
thorized, they do what is inhibited,
NY at every fep they trample the con-
ftitution under foot yet their ads are
lawful and binding, and it is treafon to
refft them. How i'll, fir, do the doc
trines and projections of thefe gentle
men agree. They tell US they are
friendly to the exihence of the States /;
that they are the frieuds of federative,
but the enemies ola confolidatedgeneraI
government and yet, fir, to accom-
pliiha Paltry objea, they are willing to
iettle principle which, beyond all
doubt, would eventually plant con-
iolidated government, with unlimited
power, uponthe ruins of the fate 60
vernmentS.
Nothing can be more abfurd than to
contend that there is a practical re-
ftraint, upon political body who are
anfwerable to none but themfclves for
the violation of the re(raint,. and who
can derive fromthe very adjudication,
undeniable ratification oftheir conduit.
If, Mr.. Chairman, you mean to have
a contribution, you mutt difcover a
power TO which the acknowledged right
is attached of pronouncing the invalid
ity OF the acts of the Legislature which
contrayene the inftrument.
Does the power refide in the ftates
Has the Legislature of fate a right to
declare an act of Congrefs void This
would be erring upon the oppofite ex.
IRENE. 1t wouldebe placing the gen.
eral government at the feet Of the fate
governments. 1t would be allowing
one member of the union to control all
the ref. 1t would inevitably lead TO
civil difention and dinolution of the
general government. Will it be pre-