Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-05-16

i 6;ss3tsrtsof the state WA equaliy!lncoEapeT
,fenttooofhe him with su6h a power had SIT
$50 Intended. The defendants SNehs bosand
Thy aspaaraount duty TO the sgoysrnraenfof
Issle ,niian. and ought not tahave obcyeu tfse
mandate. here were blt; t'ys aaodssspy
which thesgensral government could assert
tsshe Supremacy of its powcrca' ttas ocaas4on
--hv the peaceful interference o. the civil
~, soritv. or bysthe sword. alheeairsth he's
been tried, and the defendants are call.
red 10 arswer for their cond,lct bctore-a riry
,of th~eirseounay. WI airy. man be found
bold eusugh to condemn this mode ol pro-
,eceea;np. .nr complain filat This alternative
hassbeensnhesen bat If the acctised can
/ niead the orders Of the governor, as a5usta-
s;cas;as, sc their .condnct, and IL the sufhci-
pencg 81 suls1 a pIeais established stae, cavh
/ authority is done away It's :anealls arena
Edeouase 80 fseepd, and force Tnust betre-
shortsdgea. ARE we prepared for such q state
Itof things? The doctl1se appears 10 us laon-
~stvcus The consequences of lt,ferrlole--
ave regret that it was bre&shed. lt.q wac
cnntenaea that IN a case where asstafe go
l4veyysD,cs,S aauthsrisas resistance To the pro-
|, cess of 4 federal court, though iii a case
E:0h erellesoourtha ompe9eaturisdiction,
Sire <onsy< remedy In such an emergency q.
/, aggregation. iAf ~tlere4were no Federal no.
.es Txron head, t4lis position might be ,ad-
smitsed, and ON the,failure or the regoeia-
|~,at;ons. the tl2yiaSa tatio mist be@1esoFted TO-
Hut rsndsr4 cur constitution Of government,
(which declares the laws of the b.otates,
; madein Of that instrument the
stpre,ie laweof theEland and which vests IN
t,sr: courts of thegUnited States Jurisdiction.
! 70 trv. and decide particular cases, 1 an al
! teoethe7 al aloss TO conceive how in the case
! ~statef! ne rotations between the general and.
rarayaonnt government in relation to the.
! powers granted to itt and a state govern.
|.menhsran be necessary. and could even be
proper. I speak no1.ot HE tozyey but OF
sbe rlsNtsot re~Sistances !
nufit is eontended that the defendants,
| standing 3in the characters Of subordinate
officers to the governor ,and commander in
chiefeof the state, were bound implicitly to
obey His orders; and III It altlough.th til OF.
! ders ware unlawful, -stal The oHiccr and
thosegunaer his command were iustifahics
in obsyinc them. This argument is I'M
| posing, but very unaound. IN q state 81
open and public war, whare military law
prevails, and the peafetul voicesot lauaici
pal law Is. drowned in the din Of argns, great
~indulgenGiee must necessarily DC extended
10 alls acts of subordinate officers done IL.
obedience 30 the ordersot fEeir sIpeviors.
But even there the. order Of superior OIL
| GER t9 take the lie of "a ait2ea, or 10 an-
vade the sat,ctify aef his house, and to ydc-.
prTve him OF ~hisegfoperty would not shield
the isaferiior against a eharge3of murder or,
frespass in tiaf regular judicial Tribunals Of
the country. &
r the case of Little and Bareuae, Che su-5
prsnle ooart felt,euery motive which would
asgect llen as nlen, 80 excuse an ssnlawial
act aertorlned by,a merltorous aoflcer. Re
was ii SEA, without the possibility al con
sulsisg m:th counsel or others, as TO thele-
gSlitY sof ghe act he WAS about to execute,
and which appeared 70 rim to be aathorized
-bv ghe chief executive magistrate 81 the
@ras5ea, IN the instructions received from
the asvy department. Notwithstanding
all these powerful pleas u his favor pleas
which were addressed strongly TO tae 3eel-
sag OF these who were 80 decide CA 4ais
case, tHne supreme court conceived that the
law ef The iaad did not aarranflils 5~nstfalc-
1ions given and consequent that RE off
Ger was not justified IN m,sathc did. 1 ana
Eot SIRE, ixlt ] ayn sncIined TO think that
2,s ate Wguals obtained refef rom congress.
3h;s IS said to be q hard case upon She
defendants, because Il they had refused O
bedieace to dh9 oyie1 oi. The governor they
Woala hysve been punished by the state. {