Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-03-21
lrom tie Bait. Fedora Republican.
a LEGAL INQUIRY.

1T2ts t'st .5Glt. Fc5efGI I1ej5u6llcap.
a LEGAL INQUIRY.
W. have Frequently declared, that altho'
the people had been promised restoration
of commerce, congress had 10 intention to
relieve chem ilesn ihcll burdens, and they
would aJoara without repeating the en-
barge, orwouid practice some mastery de-
cepaoa upon the country. The injurious
and ei;s8raceful Gon-intercourse law which
has btca substituted TO the embargo for
limited time, N,laen i IS thoroughly under
stood wi3l be found 70 be q fraud upon the
coinIy2unity. The nation has been instruct
Cd 10 oeiltvc that the parrIal repeal OF the
embargo, TkicA COOK erecto 90 Ike 10Th, 1yQs
t,5S0!tttt, aut that Il new la,y would be neces-
sary TO revive it. We ,il,>ve also been civ
IN 70 understand, tlla, t.ie embargo general.
X with Il. It's supplemental provisions, was
70 cease III the end oi tae next session Of
congress. ah> noa-insercoarse law upon a
irst perasal bears st.ch 4 construction, but
upon more attentive examination, it will
be found that or the very day specified for
the repeal Of the embargo, the law itself ex-
pres which enacts the repeal.
Ghe 18th and e0,1aI:.tlIlAg section of the
bill Is in these words:
Sc. IS. ind be It further enacted, That
this law Shall continae and be In force IN
til the end Of the next session Of congress,
aad 30 longe4 anJ that the act laying an
embargo Oh al ships and vessels in the ports
aad harbors Of tie y. S. and the several
acts supplementary thereto, snail be, and
tic sane org hgrt6y IL 5ealea, fi'sm and after
ire end et'btf nest ses@ion q congress.
no position IN law IS more clear rhan that
if a repeating law is repealed the original
law is rcyivcd. The case under considera-
t,o.. is still stronger The act laying an
embargo is perpetual, without Limitation,
and subsequent law equal in It's operation,
must appear Oh tne staSute book 90 shew
that the original act is no longer Ending
But the non intercourse &C: repeating the
embargo is merely temporary. It is to con-
time in force TIL tas ead 2fthe nest ssssion
Of congress, ai2d no 17ns,er SO that this IL
m:tcd repeating act OF al unlimited law
CEASES to exist Oh the very day appointed for
the repeating clause to take effect. Can it
operate In any other way than as a sasben-
sion o, the embargo unsil the end Of the May
session OF congress VIII rot the embargo
revive upon the expiration o. the non-inter-
course act? II, says thu law, a statute
which repeats another, is itself afterwards
repealed, the first statute IS thereby revived
without any formal words: (See Black
stones Com. Vol. /. S. 8 also 4th Inst.
+ $3.50 We ask taen, can there be a distinction
between the repeating of repeating statute
and its expiration A law cannot be bind
ING after it IS no longer in existence aad con-
seouently without force.
The effect Of this political fnesse will be
to place it in the power ofthe Senate snGly,
to say at the next session whether the en-
barge shall be further suspended connected
with the non~intercourse, or revived by re-
fusing to renew the >Ron-intercourse.
However strong may be the nti-embar-
90 and ACKNOWLEDGEMENTS party IN the
next house of representatives., the senate
have it in their power to revive the embargo
! ut pleasure. If the repeating act had been
permanent and distinct from the non-lnter-
course. it would have required the concur
renee of both houses of congress to revive
the law. but as it is, the senate have US COM
pletely within their power. Such IS the sy-
stem of democratic Juggling and deception
"FREE TRADE"f
To the E!itor ofkhe Federal Gazette.