Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-30
CongrsfS of tbe Janifeo 5tatss.
HOUSE OF REPRESENTATIVES,.
Wedrsfaay, february "a.

De6ute on the bill recefved fran tbe Senate
emitted ]" IN Id TO repeal certain ads
refbeGing TIE organisation Of The esSrts
effhs U. States"
Mr.. RuTrEDGE.--I have kept my
feat, Mr.. Chairman, until this late hage
ofthe debate, under nope that the ar
guments of gentlemen who advocated
the pafing ofshis bill would convince me
it is not uncenaitutional bur after hav
ing lifened mott atttentiyely to them for
many days, l find the deep impreiiion
made upon my mind, that it attacks the
very vitals of our contribution, has been
fortified and extended infead OF being dill
miHed. 5.
tits not ncceaary, fir, for me to call
TO yonr recollection what was the iltua-
tion of America anterior TO the forma-
ton of the prefent government. Our
fate governments had proved to be mere
ropes of fand. Experience had ihewn
the confederation 10 be niierably de-
fesive in all its parts! Thole evil times,
when anarchy and jealoufy diarafted our
fate governments, and claiming interef}s
threatened to break our federal union,
called all America upon its legs. The PEG
pie of this nation fummoned their wiieit
and bea men TO meet in convention, TO
form a contribution which fhould promote
the laRing welfare OF our country, and ie-
cure the liberties their yalour and wildcm
had won.
The difficulty of the talk was fully e
-qual TO lis Importance. In reviewing the
hiifories of other republics, the conven-
tion faw thar like the fplendid fhows Of
a magic lanthorr, they had appeared and
disappeared 10 almoa the fame moment
OF time; as had been obferved by a cele-
brated writer, they rofe like rocket
and fell like the aiek. Although their
exiRence hal every where been tranGent,
yet it had been protraeted wherever the
inaitutions of the country had excited any
kind of vene,ation for lis jud;cature. AT
Athens in particular, and indeed through
out Greece, the Liberties Of the people
were for j lez.on prsierved by the refped
felt towards the augua court of Areopa-
gus. Notwithstanding the aipiring am
hilion of fome of the aates, the intrigues
of powerful demagoguss, and the general
degeneracy Of manners, yet as long as this
venerable judicature was refpeefed, Greece
continued free. As .foon as II loft its in
Auence the people lof their liberties
Taught by thefe examples the value Of
good judiciary, the patriots who met at
Philadelphia determined 10 efablifh one
which lhould be independent of the exc
cutive and legillatare, and poaefs the
power of deciding rightfully and finally
on conflicting claims between them. The
Convention laid their hand upon this ,inva-
luable and protraeting principle; IN il
they di!coyerei what was eaenrisl to the
iecurity ard duration cf free fates; what
would prove the fhield ard palladium OF
our liber.ies and they boldly faid, nor-
withdrawing the Encouragement in other
countries IN pait times, TO efforts in iavor
of rcpublicanilm, our experiment ihail nor
miicarry, for we will eGablilh an indepen-
derr judiciary; we will create an afyIam
TO fecure she government and protect the
people in all the, revolutions of opinion,
and ifrusgles Of ambition and faction.
They did sstablih an independent judici-
airy. There is nothing, think, more de-
monilrable than that the convention meant
the Judiciary to be co ordinate and not a
iubordihate branch of the government.
This is my fettled opinion but on fub-
jeef 70 momentous as this is, am unwil-
ling to be directed by the feeble Lights of
my own understanding, and as my judg-
ment, at ali times very iAliibis, is liable to
err much where my anxietles are much ex- )
cited, ] hayel had recoaTle 20 other four
ces for the tras meaning CT this conaitu.
fion. Daring the thfoes and igailns, as