Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-02

peaied. Again II has Oiten been lad,
thar our government depends very mych
on the opinion Of the people. Tais go,
yernnent is diviaed Into three diit;ncs,
departments. a late ruling party find.
ing their power abont 10 be wreiled from
their hands by the people who elesi TIC
,reprsisnta.ives and she Gates who slect
the fenators, in the Iaf .loments Of pow
iet pafes ! law BY which they eomplsat,y.
take hold Of one entire bfanes, .ot eof 60.
vernmenr, and Gil it with. men whofrIp.
!lisics are At war with the pcopie-there a
majority does not rale-tke minority in
defiance of'she majority hold one branch.
| ak, If This is compatible with general
opinion, or the fettied principles Ct our
government. The honoarabie member
from Pennsylvania, Mr.. Heuphili, in; his
argument, puts me IN mind Of the. boy
WAC fights his fhadow he RATED argu-
msnts for US and then comba,eI them
the man who runs by himfelf is fare to
win, 70 the gentleman was fure to TIL
umph, becauie he took for Us the weakef
ground, and for himielf the fron2eR.-
Efhois who read his ipeech will furpofe
the arguments he comba,ed had been
advanced on this foot, but the fact is
ptherwife, he was the, third who fpoke,
and all who hear me know that the
ground he took and called ours, was
not occupied by any Of Us. Is this
fair and candid manner of acting! He
.elisus chat behdcs the judiciary laws
there are other laws ska, congrels can
not repeal-That fate is admitted into
the Union by law, and that there is nc
power can repeal that law-that man
is admitted to ci,izen!hip by law, and no
repeal of that law can aff:et the citizen.
The -reafan,is obvious. If law admits
a fate into the Union, and tic fate
comes in according to the proviGons Of
the law-the law having had it: effect,
having discharged its functions, it be-
comes dead and sannos be repealed. Bus
if congrefs ihould now fay the N. w.
Territory hould, in the year 1906, be
admitted into the Union as fate, at
any time before the law takes effect, the
repeal is in the power Of congrefs-the
fame may be faid as TO ci,izenlhip. /
found my opinion OF the expsdiency of
repeating che Judiciary law. 81 another
rraf6n iii addition, 20 that Of the courts
Being unnecefaty, I mean tie power they
declare they have in the language Of
Judge Pa,erfor, to So declare a law null
and void" Never Can I flbGribe to
that opinion. Never can I believe the
Judiciary paramount TO both branches of
the Legislature 1: if It is, / have yet to
learn it--there is an end to legiflation-a
knaye or fool can make void ycur beit
and mott whslefome laws. In the pre-
fsne cate Of things how will it af.a US :
The minority poaefing one department.
Of government, completely fruitrates the
views Of the other two, and governs the
nation againa the will of the people and
the legislative and executive power. I
am willing to admit the judiciary to be
coordinate with the Legislature in this
refpeet, to win: that judges thinking a
law unconstitutional are not bound to ex.
ecute i, bu, not to declare it noli and
void. That power reits alone with the
Legislature. But we are told this judici-
airy is receGary to check this honie and
the ienste, and to protect the people, a.
gainlt their wort enemies. This is fay
ing to the people you are incapable Of
governing yourielves your repreienta-
tives are incapable of doing it; it is in
the judiciary alone you find iafe depoGt
for your liberties and faying ALTO that
the judiciary is the vitals Of the nation !;
wherein all power, all fafety dwells; that
the Legislature is fubordinate thereto, and
a mere nominal thing, fhadow without
fubasnce !; its acts perfect within the
controuI Of the judiciary. Itremble at
fuch ideas. The fooncr we put men out
of power who We find determined to aet
in this manner the better; by doing 70
we nreferye the power of the Iepi(!ature.