Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-08-28

natlonal 1Aaiciary, IN manner incapable
Of REPUTATION. Ii will be fuficient tor me,
however, to ref my aniwer to fuch an OBJ
lection upon the TERMS of the coafitutios,
and the natural and ncceGary effect OF
them.
By the third article and in the fecond
fiction it is declared, that the IUDICI-
AL POWER fhall extend to all cafes in
laeu and equity arifng nader the coNsrI-
TUITION, the LAWS OF the y. States, and
TREATIES.
Whenfoever, then, a cafe fhali be bro's
before the jpdyes Of the Uaied States,
wherein, on one Jfde tits consended that a
particular al OF the iegillatiye body IS
VOID as being contrary TO The con.titu;ion
of the United States, and, on the other,
that it is not contrary to it, tbat will be
cafe arjfNg both Under the contribution
and law OF the United States, and of
courfe, by the express terms Of the conai-
tuition, falls under the judicial power.
By the fxth article it is expressly pro-
vided and declared, that this c0gaisatiou
and the a7vs made in puy(uGnee thereof,
&c. ihall be the fuprsme la1v OF the land"
Hence it follows that the e0gR1utisn is
the Jatreme ZazV, and the particular sas
Of the AgjQative body are only fuprcme
when made bugjaant or in conformity TO
that, which is the fixed and overriding
STATUTE ena;ted by al TIE propls, ard.
only to be changed, altered, OF oppoied'
by the power thar made it.
If then The eogfitQtion is the /ubyeme
l07v, the judicial department, in whom is
vsfed by the fame inRrument the nigbr
and duty expanding and enforcing the
h4v, mutt neceilarily be govsu<a by it.
Whenever any q3eRi01, however, or
wherever, it may originate comes be,
fore the judges they mgF decide according
10 aqv.
If the controversy happen to turn upon
the eppefng terms of the eonfit4tion, and
the al of the Legislative body, Till the
judges mu& decide, and decide aceora:zg
to iazv.
The Exeeutive or LtgjNafive may err;
they may, Ike other men, from inadver-
tency, from error of opinion, from {ome
too prevalent bias, or from deGgn, COM
nit, an unconstitutional att. Every citi-
zen, and every fate is entitled to the
contribution, which is declared the fupreme
law, ard the Judicial power of the. United
S,atesis that organ and independent branch
Of, the government @hofe duty and right
ii is, TO pronounce and execute The Law.
Whenever aquefion ariies, which is
law what is The law whether it aries
on, of doubtful Or cordiaiog a6ts of the
Legislature or between the words and
proviGons Of the Legislative, the judicial
department decides the controversy.
If one fde infas upon the act of con-
greG and Tie other upon the act Of the peo-
PIE as contained in the contribution, the
Judges are required, by the nature Of their
Off e, by pol!tive oath and express ar
tlcies in the latter in&Fument to fupport
1t as the iuPrene OF governing law and
% reject Sc declare void whatever is con.
rrary TO it, in the at Of the Legislative
body, or other authority, fubordinaie to
the contribution.
/, can be faid, that the judges may err,
and determine meafures and acts to be con-
trary TO the contribution which are not
70.
Certainly the judicial department may
decide wrong. All ha,nan tribunals are
liable to error. The executive may err,
and the Legislative often err. Bot there
muG be {omswhere,.a power TO determine
what is the law O! the land, and merely &c
fettIe, and quiet, whether right or wrong
legal rights and contributions. Force and
the fword, or fone civil ,jurifdietion muf
finally adult theie domeRic cotro,er
fes.
Wife and free people, with free forms