Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-03
Thur!day, February zs.

BE-, KAY -fli' Siiai'ah3 " PiotiSi
my thanks to the committee for the indul~
gence with which they favored me yell
terday, ard at the fame time to acknow-
ledge the retpea excited by tie politenefs
of the honorable gentleman from Mary
land who moved for IFS siiing. In the
courts. of the ohseIyaGons yelte-day offered
| endeayonred 10 thew that twas the IN
tentien Of the convention 10 make our
judges independent of both executive and
legislative power---that this was the &C.
knowledged understanding Of all the pole
tical writers Of that time, the belief cfthe
ttate conventions, and of the fra Congrefs
when. they organized our judicial iyRem.
If I have been fuccefsfnl in my attempt to
eaahlifh this petition, and if (what | iup.
pole cannot be denied) It be true in juriC-
prudence that whenever power, IS given ipe-
cially to any branch Of government, and
the tenure BY which It's to be exerciied be
fpecially defined, that no other, by virtue
Of general powers, can rightfally intsude
into the tru.t-fheh I prefnme it IauG fol-
low Of coniequence that the prefenr inter.
meddIing Of Gongreis with the judicial de-
partmens is q da7VungM n/aySats5n and
that its effect viii be the concentration of
all power in one body, which is the true
definition Of delpstJlm. As, fir, every
thing depends upon the fair contribution
which this article III the contribution ref
petting the Judiciary is f.fceptible Ct, |
mutt again read Ii there Mr.. r. read lele-
raj clauies Of she conaitution,) {ome of The
clanfes we lceare directory and others pre-
hibltory. Now, FIR, / beg to be inform
ed Of what avari are your prohibiiory
claufes, if there be no power to check con-
greis and the PRECEDENT from doing zv5at
fbe eoseitati9u ka5 by0bi5ited them from
doing Thole prohibitory regulations
were defgned fcr The fafety ofthe fate go.
yernments, and tie liberties of The people.
But eaabllh what is tbs day the miaife-
ria! doctrine, and your prohibitory clauies
are no longer barriers againlt The ambition
or the will offhe national government il
becomes fupreras and is without contIoul.
In looking over thoie prohib;tory claufes
as the representative OF South Carolina, my
eye turns with no Uncomfortable degree Of
jeaioafy and anxiety to The 9Th &c. CT TIE
III ariicle-which declares, there Mr.. R.
read she article refpeaing emigration be-
fore the year 1903.
| know this clau!c was ment 10 refer
to the importation of Africans, only, but
there are gentlemen who inGeed that it has
a general reference, and was deiigned 10
prohibit cur mbibjtizg mgrati.4 IS well
from Europe as any where e!ie. 1t IS in
the recollets;on Of many gentlemen who
now hear me, that in d.iclGing the alien
bill, this claic in the contribution was
lhewn to Ia, and we are told it was
bar TO the mcaiure, and an honorable |
gentleman from Georgia, then member
cfthis houle, and now Senator of the
United States land who had been a mem
Der Of the convenient tod US very grave
~, he never conGdered this prohibition as
relating to the importation Of layes.--
lcall upon gentlemen from The fouthern
itates to look we'll TO this lbufneis. I'll
they perfeyere intritting away the honeit |
meaning Of the conlitarion by their
forced implications, this ,claufe is not |
worth a rufn--a mere dead letter and |
yet, without bavingit in the eonititu
ton, | know the members from South. |!
Carolina would never have iigned this in !
itrument, noE would the convention Of |
that fate have adopted it. My friend |
from Delaware, Handing on this vintage
ground, Jays TO our opponents, here l |
throw the gauntlet, and demand Of you
how you will extrica,e yourfelves from
the dilemma in which you will be placed