Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-23

hope and The Influence !, f..
sphere Of parry passion ., above Il.
and popular deiurioas Of a,.io s'paI '':ss
2, n'embefa, having attained alaa sa' !. Who's
the constitution of their coYa,,. AZ 'hu
them to aspire 70, are sxe,a1,. 10y pefais
the i"perlee,loa Of ear natuss a,io siara
DC exempted, from all those s;a ,'oes osio
}enees that blind aud awervc me ;s 's'l'aa,
Q! men, have nothing to hoos. s Jels alsaa
70 fear, except froaa their owa caa ul'fIas
les, the opinion Of the public, a.. lIq lsa
fpl Judgment Of postsrity, Il = i ~ ~
hands Of such a tribunal, soa of - ia:
'rlbaaal alone, that in times Of f,c, 1us'
oppression, The li1-rty Of tie ci,,s.o pa o
be safe. Sach ,rlbuaa! has orr 80 sas
sicn created in his court. aud Gus, a'''.a
imagined that this wise and aeorGe- = : "
Citation, intended 20 deny to the ,s, ;s'a
the iavsluable privilege OF resoftios - .
peeurt, for Ike proSsc.ioa Of shsjt 5, Slas
rights. esf
W ms gfcunti then night SAFELY ,e.,
the power of his court, TO grant Il. w., ~"
CT h9heas corpus; bat Fortunately w. b,,
another, Dot s'rongor indeed, bun as,L,a.
irss liable 10 question. For Icoo,sod
the second place, that congress sa. !,
PFessly conferred this power 81. he susies,.
court.
In the act Of September 24sE ,zao
commonly cal!sd the Judiciary act, src,a,
II congress, afer OF gaaiziag Va ious corr.
Of the q S. and,agans them she sapr.ps
court, goes 90 to enact, " that al t5s B,
tore mentioned coor.s OF the u. S. shah
have power 10 issue wri.s Of sire faci,,
hapeaa corpus, and al! other wis nor s,s.
clally provided for by siasu'e. which nav
De necessssy for the exercise Of their Re-
speetive Jurisdictions, aad ag5eeabis 10 he
p'iociples aud usaees of law"
his section, according to It's true s,su.
ma!ical CONSTRUCTION, and ita apparent Is.
,ent, contains $50 diatiaci provisions. ras
htst relates To wfifs Of Eabezs coepas and
sclre iacias; tie sscoDd to sach Other wits
"a the conrts miehs End neceqs5ry f3r IA.
exercise al their jurisdiction.
As 10 wtlts Of seire iscias and ba1.s
corpus, Waicb are CT tie rscst fteaueM &
the mos hsneIieial use, eougfess seeus,o
have Thought it proper 10 make spec6c
and positive provision. Il was cearysnd
OBVIOUSLY necessary that such wits should
be issued, ne. merely for aidiag the cou:..
N the exercise nf sheir ofdiasry iur;slic.
ton, bat fer the general Parposas Of jjas:,
ice and protectiaa. The authority thtIs.
fore TO issue these writs is positive aniab.
solute aaJ rof dependent on tie consider.
alton wacthef they might be Necessary for
the ordinary Jurisdiction Of the courts. 10
renasr them dependent on that coas,tjsra.
ton, would have beeo TO de2s;ve the courts
OF many OF ths ,aost beneficial au,l m2o'..
ant powers which such courts uscaIlg Pos.
5ess.
Bat The stature forasaw that rady
other wrifs might 10 the course Of proceed.
ings be ioaad necessary, Fsr eDabhng tie
coafts &c exercise their ordiaarT jaris1ic'
ton; sash as sabpoeaas, srts Of ssniF.
saeias, wsi:s Of ceriiorari, :it5i .lcia', aoi
many ossers- kaoWu 10 cur law. Ia az.
;eapsa specific enumeration Of .hese EtiT'
might have hsen productive Of inconFrn''
srce; Tor if"any had 5ess omitted, there
would have been 13ubss of tb. poser %
isaae 'hsna. Congress, therefore, instead
OF a specific enuine.a.ioc. wisely chose -
employ 2 general description. This de-
scrlfllon IS contaiasd ia ttle worfis q al o.
'her writs, which may be ascesssry ier me
exercise OF their respective Jurisdictions
aaa agreeable to the principles ana as'ss'
# law"
The true grammatical cons.recs'on OF
DC sentence accortis with THIS cyastruttoa'
ne words OF restriction or DESCRIPTION
which may be necessary tgr the exercise
i 'aelriespectiye iusisljcsioos," &c. stan
leTe as g relative, and must refer to '''
,hXs 3urar0Iant I'E..re ~ -, e,vo a1tesea'