Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1804-11-01

'Msny ofshe mof important laws pafIed By Con.
grefs requirc the aid of the judiciary to carsy
them into effett. We all know that the Judge,
have afcmed the power of prooouncing Laws IN
Iconaitatioosl. snd OF refulng TO execute them.
Such laws may be of vaa importsac:. They
may affect the lives and properties of citizens,
and may impIicste the peace of the nation. Opin.
100 may be divided on them. A great majority
Of Consris, the Prelident aud the people, may
conhder them conaitutional; the jadses alone
may pronounce them snconftitsrional. IL is as
probable, nay. more probable, that the judges
ihould err on this point. than the legilstue,
eietted for the ipecial purpoie Of pafing lava.
Their decidoa, fapported by that OF another
department. Of the government, and by the pco-
pie, greatly muItiples the probabilities on their
fide. Still the jsdicisry put their veto upon the
laws, and thereby jeopardifc life aud property,
and the peace of the country. Are the legila.
ture, In this cafe to fubmit Are they 10 give
sn abfolate control over the laws 20 the judici-
ary ! For il 10 apparent that the power OF i'm
parchment may be futile, az any NUMBER over
third OF the fenators may frufrate conviction,
and As this number may be found among thofe
fenMors who do not reprcient quite one ninth Of
the people of the United States. If this abfo-
lutte control is not to be given. then the power of
aboihipg the office Is the only efettual remedy.
Ths a5io!ots authority is oppofed TO the whole
theory OF our government. and opPoies sll re-
iponIibility TO public opinion.
Crane the leglliture TO be in error. The
opinion they exprefs is that Of the people mof
DIRECTLY cxprcGed, and if incorrect, the people
,hemfelves will experience the evils Iefulring
iron IL. Unlcs iuppored by the enlightened
and permanent exprefions Of the people, il will
he fhou lived; IL will not be likely TO endure
tor more than Two years. But an error of the
judges it Pa'anount, viii be OF great duration.
and will admit OF NJ remedy until the exiting
judges die, and new ones are appointed. Before
this hall occur, the liberties OF the pc ople may
be defroyed.
To bring ,hcle remark, to a ciofe, there is
one criterion OF the constitutionsty of the re-
pealiog at. which cugh,, in our government. 10
be concluhye one, which could not be urged
when the law paiIed. A lively appeal has been
made TO public opinion and the people have
bren called upon 10 dilplace thofe who fuppor,ed
the meaiure. In every inRance, except one,
they have rc-eleetod thole who fupported il I;
and in numerous intances they have elected It's
opponents. In the Congrsi, that paiIed lhi, ad
the republicans in the Hcuie OF Representatives
were Gxty-eigh, aud the federalias .hiry eight |;
and in the Senate the republicans were eichteen,
and The tederalifts fourteen. In the preient Con.
g'efs the republicans in the Houie are ninety
fix, and the fcderalifs thMty-eight; and 10 the
Senate the republicans are twenty. Ave; and the
tederslias nine. The increale of republican
members in the Hosie is twenty.eighr; and in
the Senate ieven while the federaiiAs have loft
FIVE ienator,. aud have not gained Jingle repre.
tentative notwithstanding the increaisd repre-
| fcntation. More Than two thirds Of both
branches, and three fourths of the States are
likewiic republican. Public opinion, therefore,
the hiehea and the only competent tribunal. in
ltigatcd cafes. has decided this queilion, with a
Hreogth adequate TO ocffeeting, il neceiary, cor-
reipondent alteration in the Contribution. had
that been necenAry. CURTIUS.