Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-01

~"se o So"sP' eiictf0 TIC dfSCtilsEt %
gentlemen when iuprcfcd il went to the
eAabilihmens OF this department, as x
check upon the iegi.lature, and did | com--
prshend the argunsat Of the gentleman
from Pehniylvania when he cited nudge
Paterion's charge, which have not iecn
but from which as he read, | noted theis=
words 81 bold it TO be The duty G. tie,
court in iuci cafe, co declare the law null
and void. II Ihave not mifunderhcod.
the gentleman, lconlsts my eyes are now.
opened. / begin TO feel fonc9 of thoie
apprehenhons which have heenao Arong-
ly talked about, and which herero.cre /
have not been ac>utotred 10 experience.
Not, fir, from fear Of uiuspAsion Of
power on the part OF The Iegsilature-tor
they are bisnnlally refponfioie TO their
confi:uents for the iicrei obiery atoms of
the charter Of their rights; not, fir, trcm
a fear Of uiurpatian OF power on the pare
Of the rxccusive, for the. term of his ier-
vice is limited 70 four years, and there.
fore he: IS liable to ioie his cihce in cafe
of an inhaction Of tie contribution on his
par..; bet from deiire 'whict l tear ths
check -department ct the government has
to CRAP at all power. Give the jud..
ciary this check upon tie iegiilasure, al-
low them the power TO declare your lavs,
null and void, allow the common law, =
lyaem extending to all perfons and to all
things, 10 be attached 10 the oonititu-
ton, as I underfand it is contended and
in vain have the people placed you opos
this iocr to legilate your laws will be-
nuliihed, your proceedings Will be check
ed. AS long as the office exits the judge
holds it during good Behavior he il
then independent. Being independent,
aud not having that degree OF reiponGbi-
lily attached 10 his Office which is attach
ed to The legilature or to the executive,
the powers granted by the conifisutioa
are to be frittly coaitrued nothing is
to be left to implication; no,hlng to con-
&rut.ion the letter is o determine the
extent OF their power, and conceive
it never was intended they ihouIdstranfr
cend it. l have, Fir, looked into The,
contribution with icrusiniz,ng eye, TO
d;fcern, if pofible, whence thels preten-
Gons are derived. There are but two
claules of the contribution, which can
even give a pretence for the power which
is commended for. The hra is as follows
{" The judicial power Of the United
States lhall extend to all cafes in law and
equity, arifng urder this conaitut;on,,
the laws of the United States, and trea.
ties made, or which ihall be made, under
their authority" To declare law null
and void is certainly not iuch cafe,
either in law or equity, ariGng Under the
contribution, as was contemplated 10 he
embraced by. tie paragraph have cited.
1t viii be in vain to fay, that without
iuch contribution the contribution CAM
not De fatisGeI. | am not now TO learn
that there are two descriptions of cafes
which will be fully fufEcient TO fatisty
the terms there exFreaed, in their u.moit
extent, as where cafes ihall ariie between
citizens Of different aates, or between
citizens and foreigners which are to. be
decided either by itate laws or by foreign
laws; or where cafss fhall a,ite between
citizens of the fame fate in conlequence
of an unconstitutional exercife of power
on the par, of she itate, in emitting and
making bills of credit lawful tender.
The other c!aule of the contribution 10
as follows: {" This contribution and the
laws of the United States which lhaIl be
made in purluanee thereof, &c. hsll he
the fup,ene law Of the land, and the
Judges in every fate hsll he bound there
by.H This, certainly, from the words
with which it concludes was intended as
an iuRruttion or direction 70 the judges
Of the fate courts and if they were
tranlroled pezhlps would more fully COM
munica,e the intention OF their trainers,
reading in This form, i" the judges in any
Rate haiI be bound by this contribution,
&C." Is Their: any reaionabie perfcn, FIR,
,f,s- THE eynlaoatior{.. will fay that by