Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-02-18

powers, WINE DINERS Wsss retained
constitution was not a iliiisa,lon 8,
grant Of power. According q the ols
principles of reasoning, sucr an las, sanea
should be construed strictly, and Do Sa'a'
ers should be raised to Congress +" ~ pow
cation.> But lest contrary cloetr;p. !. i'la.
be admitted, the people have by an . sn'a.
ment to the constitution declared tS ,'.as =
powers, not expressly granted, ver. s ~
tanned. s'
# then the states have rights thew No.
have the power 70 vindieate them for. .''
name of right without such power is H., as
mockery. The state courts arctic o, ra.
ans Of the peoples rights. To these rs.'
must look for protection, and to thee
Legislators of Massachusetts have dre,i
their constltuents--they have expressly y
commended, that all parties agsriev,55 j.
the operation Of the late act Of cono,.:
should abstain from all acts of vosnfor ,S :.
forsiGle resistance, and that they should
ply to the constitutional guardians Of hi
liberties for redress. The right Of the ST.,
courts to interfere may be easily shsvn
BY the constitution OF the &. S. the ci7.,
OF the respective states are secured aoain,.
unreasonable searches and seizures. and J.
mode by which searches may be RENDERED
lawful is clearly pointed ou:. If thsnr
officer Of government Snail, under he an.
thority OF the .ase act Of congress enterib.
house Of acitizen TO search Tor SPECIE .,
any other articles mentioned in said act !,
| in a manner not authorized by the consliu
ton, the party aggrieved may institute 4,
action Of trespass against the offender in III,
state courts; if then upon trial the officer
aiIedges the act of congress in his justiic,.
ton, it will become necessary for the coua
to decide the question CT constitutonaIiy
for an unconstitutional actis nullity an
cannot justify the o&cer acting under liz
The Judges are sworn to maintain thc COZ.
stitution, and, however reluctant they might
be TO set aside an act OF the general govern.
merit, it is their duty to remember that the
national legislature derives its authority Oh.
~ rom the constitution, and when its au,
thority is exceeded its acts cease to be obi.
gatorJ.
The people of New England have beea
taught from their infancy to venera:e the
laws. An habitual respect for legal ubua
t ais is instilled into their minds as earya
they are capable of thought. They abaa
and detcst acts Of illegal violence but they
have also spirit to resist tyranny and oPpres,
sion, even when they assume the cover 'l
authority. IS long as the embare9 acts
were tolerable, and while hope renamed
ofreceiging relief from the hand which had
oppressed them, the people Of NeWhnGEaa
were silent. BuJ since ahelr humble Pta
tons have been rejected with contumsF'
since all the promises Of administration have
been proved delusive, and since 1t has Of'a
resolved to enforce the original meaSuf: y
the most gross and palpable violation Of INC
charter OF our liberties, they have halted ID
their obedience, they have said to govern
ment, "no further shall YOU Co." lA;
firm, temperate, and digniGed Language o.
their resolutions, viii commend respect
Their voice has already pierced the recess
Of the palace. Ii has struck terror TO ui'
hearts of a cowardly, and guilty m
tion. The fear OF injured freemen h"
overcome the faar OF Bonaparte. An AZ
,entlon is paid . the demands OF New
England, wilica vas d@nied TO theif P'U
tiens.