Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-22

E.os tee Wa.aiscror FrDrassisr.
Nj A N D A NJ U S.
es:u;sn effbe Sxfrtme Carr. deliaf,td b
CbsJ Jgfiee Martial, Ff5rae,y s4t6,
1903.
wS. MARausr' lon motion for
The SIC. of STATE,
(C2nfinEsd.
That the people have an original right
TO sfiabliih. for their future government,
faeh ptineipies as, as in their opinion,
fall mon eenduce to their own happinefs.
is tie BATS, on which the whole Ame-
ricsn fabric has been erected. The ex-,
ercae of this original right IS a very great,
exsrtioo.; nor can it, nor ought i, to be
frequently repeated. The principles,
,he1eforc, 10 eitablifhed. are deemed fun
d4men,al. And as the authority, from
which they proceed, isfupreme, s can lcl-
dcm AT, they are deGgned to be permanent.
This original and fuprene will orga
n;zes the government, and aGgns to diff.
fc,cnt departments, their refpetiiye pow
ers. /, may either nophere; or effabliih
certain limits Eot to be tranicended by
shofe departments.
The government of the United States
is Of The late delcription. The powers OF
,hc Legislature are defined, and limited !;
and .ha, thcic limits may NOT be n;faken,
Or forgotten, the contribution is writ
tn.
10 wha, purpofe are powers limited
and 10 wha, purpcfs IS thar limitation
committed to writing, if thefe limits may,
atsny time be paGed by thofc intended
10 be rearsincd . The diainaion be-
tween a government, with limited, and
unlimited powers, is aboliihed, it thole
limits do not confre the perions en- whom
there are inpolcd, and facts prohibited &
acts allowed, are Of equal obligation. ],
is proportion too plain TO be con,e9ed,
,ha, The contribution controls any legf-
lasiy- act rcyugnanr TO it, or that the
Iegila,ase may alter the conitltution by
an ordinary act.
Between ,heie alternatives there is no
middle ground. The contribution is
either hyperion, paramount law, IN
shaageablc by ordinary means, or its on
level with ordinary legislative acts. and
ike other ats, is alrerable when the ls-
2illature lhall Pleale 10 alteri il.
If ,be former part of the alternative
be true, ,hen legislative act contrary
&c the contribution is not law-if the lat
Ter part be true then written contributions
are abfusd attempts, on the part of the
people, TO limit power in It's own ma
tcre, iIlimitable.
Certainly all thofe who have framed
writ,cn contributions, contemplate them as
forming the fundamental and paramount
law of the na,ion, and ccnfcquently the
rh.ory of every fuch goveTnmeat mutt
be that an aa Of the Legislature, repug.
nant 10 the conaitution, is void.
This theory is eGentially attache to a
written conaituiior, snd IS consequently
20 be ccnedcred, by ibis court, as enc OF
the fundamental principles OF our iaeieSy.
IL IS rot therefore to be Loft fight OF in the
further confederation Of the iuhjett.
IF an aa of the leginature rcpugnant
TO til. contribution, is voii, docs it not
withdrawing It's invalidity, bind the
COURTS, and obiige them TO give il effect ;
o., inot,,.r words, though i be not
law, does il conititrt- rule as operative
:, # il wa, q law This would be to
nvershrow in fact, whas was cifablifhrd in
theory and would ieem. At fre view,
an ablurlity 900 gieis 10 be united on.
II fhall, however, receive more attentive
confederation
Il is empha,icaily The province ard
d,,v Of the juSiciai Department. to fay