Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-04-30

Of thofe who advocated, not thoie who oP-
pol.d il. fkeie explanations are preisry-
ed in the publications. IF tie nne.'' lo
this high authority I appeal. To the ho-
nef meaning Of tie inttruHent the plain
understanding Of its trainers. like Mf.
Jefergon, appeal to the opinions OF thoie
who lwe.e the friends of the ccnittuti-
on at the time il was fubmitted TO the
itates.
Three ofonr mott diainguiled fatcs-
men, who had much agency IN framing
this contribution, finding that objections
had been RATED againit its adoption, and
that much of the hoitility produced agalnit
It had refuited from Misunderstanding OF
fome of its provi6ons, united in the patf,o-
| tic work of explaining the true meaning
of It's trainers. They publilhed ferries OF
| papers under the fgnature Of Publius,
| which were afterwards repnblifhed IN
book called the Federaliit. This cofern-
| poraneous expedition is what MIR. Jeferion
| mutt have adyerted to when he fpeaks OF
the publications of the time. From this
very valuable work, for which we are IN
debted to Meiirs. Hamilton, Madlion, and
King, will take the liberty of reading
iome extracts, to which | folicit tn: atten-
ton ofthe committee. In the leventy-
eighth number we read, gaa.s Jeba7'isH,
for the continuance in Office OF the judicial
magittracy, is the mott valuable OF the
modern improvements in the praeice of
government. In republic it is barrier
to the incroachments and oppreaions ofthe
representative body. And is the bea
expedient that can be deviied III any 60
yernment TO iecure feady, upright and
impartial administration ofthe laws. The
juaieiary in a government where the de-
partments OF power are feparase from each
other, from the nature OF IFS functions,
will always Sc the leaf dangerous TO the
political rights of the contribution. Il
has no influence over the iword or the
purfe,. and may truly be fad to have mel
Their force nor qviN, but merely Judgment.
The csm5lete independence ofthe courts of
iuGice, is elential in admitted eona;tu-
ton, one containing pecifc exceptions to
the legislative authority fach as that it
| flall pais no ex poa fa6eorlaw, no bill Of
artender, &c. &c. Such limitations can
be preferved in practice no other way
than through the courts Of juitice, Whole
duty it mutt be to declare all acts mani
fefly contrary to the conititution, voia.
Without this, all the relerva:ions of par
ticular rights or privileges of the fates
or tie people evoald emoaut 70 nofbmg.
Where the will.of the Legislature decl4r-
ed in its ieatut.s fands in oppotition to
thar Of the people, declared in the conai-
tuition, the courts dedgned 10 be an In
termed;a;e body between the people and
the Legislature, are to keep tile latter
within,the limits aligned to their antho-
rity. The convention acted wifely in
eifablinling g9od 5eb4Oigr as the tenure
OF judicial Offices. Their plan would
have been ,inexcufably detective lad it
wanted this important feature of good
government" The authority ] have
read groves TO decentralization what was
the intention Of the convention on this
fubjcts, thar II was to elfablith a judi
cary completely independents OF The exc
cufiye and legislature, and 10 have judges
removable only by impeachment. Tbs
was not only the intention Of the general
convention, butof the fate conventions
when they adopted this conaitation.-
Nay, fir had they not conGdered the ju-
dicial power to be coordinate with the
other two great departments Of govern
ment, they never would have adopted
the contribution. | feel myfelf juaided
in making this declaration by the debates
in the different fate conventions. From
thofe Of the Virginia convention, I will
read ione extracts, to fhew what were
there the opinions of the ipeakers of both