Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-27

vdeion weeping -uoidnty dit Sooo oiart
from the earth. Nor viii pretend, Sir,
,hat nv humble genius will enable me to
pa,fae him, when he forced this fame fpi-
ar osianovs,ion to mount the whirixind
anl Ian CT the torn. Bat. Sir, with
tlch ,a!eats as | an endowed with, | have
NJ obj:;tion>to going into the cohiidera-
to- G. the qu-a;on before the committee,
AT psr.Iuing the order Which the gentle
n 81 ms had the goodne.s TO iasgeit, as
.l- NOT natural into which the Eabiett
en- ne diviaed-taat is t. The powes
Of the lesilaturc 10 PATS, and IDLY, The
.pcIiency under the exiting tare of
'l;og, Of pa@ing the BIZ! now upon your
iaAe.
Unie, thefe two heads I will eniea-
vor to meet, as far as | mall be aolc to
rccoilcts then, the NOT .npreGiye arsu-
.ncn:s which have been liei by the gen.
rl-.nen, AMI wiil beg leave in the tirit
place 10 call The attention OF the CON-
mittee TO the Sih feaion of the trlt arti-
Gle OF the contribution, which has been
very Tightly touched on by the gentle
man from North Carolina, aad which
has been attended %, with much inge-
nnity BY the gentleman from penniylvz-
nii. By ,hi, fiction the legislative pow
s:s Of cnns refs are defined. Cengrefs ihall
have power, f,ys the contribution, to levy
taxes, 20 borrow money, to coin money,
and, among variety of other powers,
=" To con.t.tute tribunals inferior 10 the
flpren- court" 1t IS an axiom in poll
tvs that an oydaining power always en-
bra1cs a repeating power it congrefS
have RICH, toconiti;ute courts, hey ha1e
TIE right to modify and to annul the courts
{, conaituted, this, like various Others, is
merely Discretionary power 20 be exer-
ciEd, or not eN2rcited, as congreis ihaii
find conducive TO the public welfare the
granting power does not oblige the ex-
erciie OF that power: neither does the ex-
erciie Of power make The laws reiulting
from tina, conRitutional exerciie OF pow
er, Interchangeable and irrepealab.e. The
fame contribution, giving this power,
gives various other powers as l have al
ready fhewo; YET it has never been
contende.i that the laws paged under
thefe conceded powers are irrepealab!e.
Still, by parity of reaion, and with
se'eresce TO this particular fiction of
til contribution, it the laws relating to
the Judiciary eitablilhment of the Unit
ed States are irrcpealable, 70 mutt the
various laws pa!ied under thele granted
powers, relating to your revenue, to your
army, to your navy, to your mint, be
irrepealable. BIZ, every gentleman knows
that laws refulting from ,heie powers
have been paGed, have been modified,
aod have been repealed /; and 70 like
wife has the law eaablifhing the judi
ciary fyaem. Without carrying you
through the tedious detail of the z6 or
II laws, which have been pailed upon this
iunjee. it will be quite efficient for my
purpoie TO notice the law of the lait felton,
Of congrefs; the a7th fiction OF which oe-
gins with thele words "And Be it fur.
ther enacted, that the circuit court Of the
United States heretofore eaabliihed ihall
ceaEe and be abolithed." We travel not
then in q wilderness, MIR. Chairman, ur-
trodden by human footiep; our imnedi-
ale predeceaors, j, appears to me, ere the
pioneers who point out to US the path we
thould puriue tor the benefit of cur con-
ft;tuen,s: They have not only aboiiihed
the circuit courts, but reorganized the
whole iyRem; they have continued new
Courts and new judges, and they have
,lhened the duties of the judges Of the Iu-
pfene courts. To FAY that iubieGucat
lesila:ase have not right TO repeal a law
of precedent Legislature is to proclaim
i.ch precedent lsgiilatute infaliible. that
E. they ere more Jun, more wife, mare com,
getrnt 10 the exerCne of their functions,
titan any Legislature which ihall follow
shem. 1t Is contradiction OF the pro.
Sreis OF knowledge, and of tie in prove.
ments which may refill, from experience;
r. Il ~ 81