Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-20

| fiction in the article, nor ientence, which
delegates power to any ether department,
nor can there be found in any other artl
Gle, an expredion which conveys an atom
! Of power TO the Legislature. The iecond
| article, purifying the fame order, treats
excluhvely of the executive department,
and does not include a word which does
! not relate to the executive power. The
| third article with the fame precifionis con-
| fined to the judiciary department, The
fourth relates to the authority ofthe fates,
| ard the duty and power Of the national
government, both as it regards aates and
| public property. The fifth article pro-
vides for amending the contribution. The
Gxth defines the duty Of government in re-
| lation to debts, af,i the effect Of the con.
fitution and laws made under lis authori-
ty. And the feyenth preicr;bes the mode
Qualification.
This correct and difina arrangement in
the inl}rument itfelfis calculated TO facili-
tate the inyeaigation Of powers actually
given, or fuppoied to be given to any de-
psrtment of the government. For, If
your enquiry is directed to the powers of
the fra great department, your attention
will be drawn to the frlt article, where
every power of thsle gila,ure is delegated;
and although thefe may be limited by
powers which are given in other articles to
the other departments, yet the power OF
the Legislature can never be encreafed by
any thing which thoc articles contain
The fame rule will guide cur enquiry IN
refpeta TO the powers of the two other de-
psrtments, and in this way by difcarding
che application of terms to one department,
which the trainers of the contribution have
excludvely applied TO another, we 1hall
elsape much confufion and doubt.
To invefigare then the powers Of the
Legislature in relation to the jude ial pow
er, | mutt beg the attention of the COM
mittee in the hrf place to that part of
the frf article which relates to this fub- ]
JET. And here it will be found that
there is not an expreiiion in this article,
or in any part of the contribution which
delegates to Congress any power on this
fubjetf, but what is contained in two
fentences, in the 9Th fiction of this ar
ticle. The fflt declares, that {" Cns,yli
@aH bave foue r to eogfiufe tribunals
mtsror to the /xbreme eouyt' The fe-
cond, to make all laws which lhall be
neceaary for carrying into execution the
foregoing powers, and ali ether powers
veaed by the contribution in ths govern
nent of the United States, or in any de- !
partment or Office thereof, By the fre
of thefe proviG0ns Congress are clothed
with rnlimitted power, in the erection of
inferior courts, both 10 refpett to the |
number and their jurifdition and ifthis |
power has not been Limited in other parts
Of the contribution, it is certain that the |
jurlldittion of thefe courts, both in cri- |
minal and civil caufes, might have been |
extended to every cafe which could pofli- |
bly, arife in any fate or within the Unit |
ed States. And, /. gentlemen pleafe, un-
der this general and unlimited delegation
OF Rower to eref courts, Congrels might
not only Create and aboliah courts and
Judges at will, but might limit tie te-
nure of Office to a terml Of years, to be
held at the pleafure Of the Pfeiident or |
any executive officer Of the government.
Il is under authority of this part of the
contribution, that the inferior courts have 1
been eaablilhed, and it is apparent that
the power given to the Legislature by the
general words is NOT only broad enough 10 |
cover all the ground demanded, but much
more, and for myfelf, | flall readily sd-
nit, that unlefs this power has been IL ;
mite9 by the fubfequent parts Of the con-
Ritution, Coasrels may at this time do
hok =, Al r. 4L I