Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-03-29

has been wrested from, or granted by, the
people to the despos, who is therefore sole.
ly the sovereign. sd
In a pure democracy, the whoie.of it is
in the people, who exercise il in their own
persons.
In such limited monarchy as that Of
England, il is vested partly in the prince
and partly in other departments Of govern.
ment. The whole Of it, however, is di.
vested from the people, till they chuse TO
resume il. The parliament of Grea1.Bri.
tain, consisting of king, lords, and com.
mons, is, therefore, the sovereign of tina.
island, and is. Of course, said to be om.
nipotent.
But, in the representative republics Of
America, only such parts of the sovereign
~ OF the nation as have been delegated TO
the government, belong 70 it. The rest of
1t remains in the people-The constitution
1t is, which preseribes the boundaries of
those parts of sovereignty, which the peo.
pie have granted. And the exercise of any
power which the constitution does not war
rant, is, therefore. an usurpation of the
rights and sovereignty of the people.
Is, then, such an usurpation valid, or is
it utterly void?
II it is valid, the rights of the people
are destroyed, their sovereignty is pros.
,rated, and their liberty lies at the feet Of
the usurper.
If it is void, it is contradiction in
terms to say that the judiciary can be
0ouad TO enforce what is an absolute nullity.
But tits said, the legislature has right
to construe the constitution, and that the
Judiciary is at most bu, coordinate, not
a paramount authority. This is admitted
The legislative construction always has
been, and always ought to be-, treated by
the judges with all the respect which does
not approach to blind and servile submis.
sion. They assume no censorship of the
legislature, nor pretend to exercise any
controul over them--they only refuse to
enforce, uvhen called upon to do so, an inva.
lid asurpation of those rights which the
people have not granted.
If the legislative construction j. final and
absolute; if the members of the Senate,
and house OF representatives are conclu.
own authority, it was absurd to afix any
limitation to their powers. They would
then be uncomfortable and despotic for
as It IS the construction of every authority
which gives to it any operation or effect,
the constitution would be, whatever in their
discretion, it ought to be, and their powers
would soon equal their ambition.
Tue right of tae judiciary therefore to
refuse to enforce an unconstitutional law,
only provides another security for the
maintlinance of the sovereignty Of the PEG.
PIE, aud merely suppose that when the will
of the legislature declared in its statutes,
STANDS i" opposition to the will ofthe PEG.
pie declared in the constitution, the Judges
ought to hr governed BY the latter rather
than the former; that they ought to regu-
la;s their decisions rather bv the funda.
mental laws, than by those which are
not Fundamental"
Moreover does not history disclose so
many instances of legislative wickedness &
folly AS 10 reader 1t wise to preserve some
cheek upon the proceedings of this branch
CT government. The legislature of the Ro-
man republic surrendered the freedom of
the nation TO Augustus. The legislature of
England, declared thar, the will of Henry the
S.n should be the law of the land. The lrgis.
la,ure of France declared Napoleon em2e-
ror. And bill was broush, into the leg.
islature OF the United States, for vestipg all
the powers of the government, Of louisa.
IA, legislative, executive, aud Judicial, in
the person Of Mr. jefferson.
Let us then my coun,rymen be instruct
ed by the lessons of experience. Let US
not abuse or abolish one branch of the 90
verumea, merely to aggrandise another.
Let US not place The leaders Of the legisla.
,ure on ground so commanding. as, that
both the constitution and the people must
bend to their tyranny, And by keeping
each OF the departments within its conssi.
'utional Jurisdiction let US be assured that
neither OF them can exercise an llegitimats
o. CDoressiye a,thor;,,