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

iEey DON appi}'
sIhofc then who confroycrt the. prinsi-'
ciplc thas the conititu,ion is 10 be conii-I
dgrrd in ccsr, as paramount law, are
reduced 10 tie nccelliy of maintaining
,ha, courts mufa clofe their eyes on The
contribution, and fee only law.
This dct.rinc would iubyert the very
foorda,ion of all wri,-n contributions. ~
would declare tia, an aef, which accord.
ing to the principles and theory OF car
government, is entirely void ; is YET
in yra{tiec, completely obligatory. l.
would declare that if The legillatuse ihall
do what is expressly forbidden, iueh acts
notwithstanding the express prohibition,
is in reality effetual. II would be CIV
ing to th,l-giHature practical and real
omnipo,euce, with the fame breath which
profeiies TO reiflitt their powers within
narrow limits. It's pretending limits,
ard declaring that III &c Limits may be
paGed at pleaiure.
That it thus reduces to nothing what
what we have deemcd the greaieit I'M
provemens on political inttitu,ions--s
written coniitution would of i,trH be
fuGicien,, in America, where written con
lti,utions have been viewed with 10 much
reverence, for rejecting the contribution.
But the peculiar expeditions Of the conitl
tuition Of the United States furniih addi,i.
cnal arguments in favor bits rejection.
The judicial power Of the y. States Is
extended to all cafes ariGug under ihe con
conti,uion.
Could i, be the intention of ,hole who
gave this power, to fay that, in uGng IL,
the contribution fhould rot be locked In,
TO. That cafe ariGng under the conai-
tutor. mould be decided without examin-
ing the initrument under which il ariles !?
This is TOO extravaganza to be main
tanned.
In fome cafes then fhe ccnAitution NUT
be locked into by the judges. And il
they can open it stsall, what part OF il ar,
they forbidden TO read, or TO obey.
There are many other parts Of the con-
tituricn which ferye TO illulrate this lub-
jed.
1t is declared that /" no tax or duty
f1sll be laid on articles exported from any
tate" Surpofe duty en- the export q
Cot OF, Of loblcco, or OF Flour; and
fu;s inflituted to recover it. Ought
Judgment TO be rendered in fuch cafe
Ought the Judges to clofe their eyes on
the contribution, and only fee the law
The contribution declares, thar no bill
OF attainder or export faeto law lhall be
paGed.
II however fuel, bill fhould be pzAed
and perfon hould be profecuted unde,
IL; mutt the court condemn to death ,hcfe
victims whom the contribution endea, ours
TO preferye.
No perfon.' fays the contribution,
ihall be convicted Of treafon, unlefs on
the tcifimony of two witne1ss to the
fame overt act, or on ccnteiion in cren
court
Here the language of the contribution
is addrefed fpecially TO the courts. 1t
preicIibes, directly for them, a rule OF
evidence not TO be a--parted from. If ,he
legiila.ure ihould change that rule, and
declare ore wisnefs, or conieiion ext OF
court, fuAiciens for conviction, muit the
conaitutional principle yield to the legif-
la,ive act?
From thefe, and many ether ielee,ions
which might be made, il is apparent, that
the trainers of the contribution contemplate
ed that initrumen,, as rule for the go
vernment OF foart,, as we'll as of the le-
siisture.
Why otherwife does it direct the Judges
to take an oath TO fuppors ii: This oath
certainly applies, in a fpecial manner, to
their conduit in their Official character.
flow immoral TO impoie it on them, i!
they were TO be uied as the infruments,