Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-27

10 the discresioa OF any arbitrary or capri
cious will. The only proper inquiry for
the Judge. undersuch governments =, sDhat.
istbe lav. II is the provinces OF the legis-
lalure toaenaet: that of the judicatufe 70
enforce. No legislative fune.ion, shsre-5
fore, should be left to the magistrate Yet
this function is In measure assumed, whsn-
ever he undertakes TO decide without par.
liamsntary or prescriptive authority ln
one word wherever .he-law etops short, he,
should stop.
10 England, whereth rights of the eiti-
zen are Better guarded, than IN any other
nation upon earth, except our own; whence
also We derive great add essential parsof
that code, in which We have SO mach CAUSE
for exultatien, they have Had many exam.
pies of judges, actuated by sentiments ans
spirit, censonant with The perpe'uaslot'.
of genuine freedom, To name them 70 a
person. bat slightly acquainted w'.h the
history and derivation of our governments
and laws, weuld be superauous. Il is sut
Scent for rny purpose to say, that those,
who oughtto beThs chirf examples 20 judg.
es IN our country, are such as have been
the most averse to changing ground and
forming new precedenss. The firm and
undertaking temper of Runev is much
more auspieisus and appropriate for are
publican government, than che more spe.
culasiye and discurslve talents of Mans.
field 800
From the foregoing remarks may be in-
fsrred the ignorance and IeIly Of Those who
would cut up by the roots the common
law and throw Us uDarmed into ths hands
OF our magistrates, with criy few naked
statutes TO direct them The advocates Of
such measure must either es grossly igao-
rant OF the spirit of our government OF
else corrup,ly lsagued TOR lis sabyersicn.
Il is he stature Of democracy TO be auc,u-
asiag; il is the SANS with The measures
of IT'S popular men, They say ope thing
today, because they think il will gaia them
powei and applause: fer the same cause
they unsay II so-narTop. i bus since the
unhappy commencement ct oar democrat.
.ic frenzy, the aulcry against common, larv
has taken alnos: all possible terms. The
prevailing egor', however, has been 70 o,
ves,hrov it. We, ii is the only peculiar 8
appropriate basis Of republcanism aside
from the indefinite and rar. principle Of
public virtue. 1t is wei Il led, veiumi-
nous. comprehensive and prosperous con
trouiing almost every posslblc case.
Gee sfthe chief cbjsctions to i, has been
the Viginta annorum Lucubrd5tones, requisite
For ia acquisition But this in the light
OF republican policy, is anongss its great.
est excellenctes. Il Is ample basis tor
lis stability. The dse understanding If
this code requires one grown gay with ex
psriencs, aad pale with su !, Such only
shousu Be appointed 10 Jurid!cas Offices
Colla,ing the ,nssruceioa Of pasta with |
facts wishio oar Observation, we shall per-
csivs, THAI theory is the very zn,ipode Of |
eur practice aud that. unless all former |
received wisdom was hollow and baseless,
we are aow carried away with rapid CUR;
rros OF ahsurdi,y. Young partizans are
gaining che right Of prescription for con.
treuhog eur laws. 1t is true, ahsy are the |
most active and efficient In sonss up!cy. |
IA pt: bat should never appear at the head
OF council nor in the elevated seats of |
magissrscy. They feel all ths inc tenen,, |
of power aud popularity /; shess is f,ril,, |
~ in their dispositions ;they are easily ma
n gid by their friends and they bend with |
equal eass 70 every measure calculated TO I
p. omote or perpetuate their honess & their
inauence The aged, on the contrary, |
unless perverted by corrupt practices il /!
youth, are linle inauenced by an ill-direct.
ed ambition; feeling the warning Of time
they are principally soliciteus to leave their
country and their offspring happy. Ooe
Of the most interesting and instructive cha
rassers ever drawn is that of Old Nes,or,
as handed down to us by the father <f pc
etrv. The generation for age was re mark |