Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-27

;ne banks are ti.esc No stats shall
hills OF credit" I.c se:.ila,n.i. suo,.'
That bank bill is bal oil cit. dit, and ,h.r,
fore that the states cannot establish IN its;;,.
I,ion to issue a ill of credit. Our ideas d..
rs TO the meaning ii :::o term" bills 6! Cred, ),
As to the argument of the gentleman tia. h..
who does all act ~ another does ltty himseI
lit does not apply to the present case--icr i
we recur to the charters O. incorporation, ".
shall find that particular fund is t,xcd5 srd
that this fund Only is snswersbic for TIE re-.
ldemption Of the notes. The argument Of The
gentleman would as well apply 10 every CON.
! mon note given by one individual 10 aEotaer;
hecausc the states as much issue bills oi Gre.
dir by protecting promissory notes as by au.
thorising banks to issue such notes. la case
Of notes given by individuals, they become the
property Of him to whom they are payable
the drawer is responsible Tor the amount and
the state enforces the payment. In that case
too the whole property of the drawer is pledge
ed for the payment. In the case OF bank bills,
nothing is pledged but the sum specified in
the charter. The real meaning OF this clause
therefore understand to be to prevent the
emission OF bills, the payment OF which Is to
be made by the states themselves /; similar 10
the old continental paper money tor TINT was
evidently in the contemplation OF the trainers
of the constitution when they very wisely de.
MED the power of issuing sach bills 70 the
states.
The gentleman from Georgia mex, read TIE
LIST section of the third article Of the const:tu.
ton. should not t,Ae up the time OF the
Senate in noticing It, but that the con-
stiuction which then put upon it differs from
that which tie gave as an universal admission.
The gentleman supposed there had been soue
departure from the constitution under the io..
lowing clause 6 The Judicial power Of the
United States shall be vested in one Supreme
Court, and in such inferior courts as the Con-
gress NAV from time to time ordaiD and esta.
bish" The gentleman observes that at the
time Of the repeal Of the judiciary act, II was
generally admitted By the advocates Of tie re-
peal that the Supreme Court vas not targi-
bic. That was not the opinion l then ex-
pressed and the opinion then expressed
has since that time been strengthened anc con-
irrned by further reflection. | do not know
how the gentleman's argument can apply to
the case under consideration, Unless he meant
to shew that the decision in tina, respect made
by Congress was unconstitutional. Ny op'n;-
on is that it was constitutional, and that Con-
gress might constitutionally modify Il charge
the Supreme Court in the most essential
point---and permit me here TO protest against
the usual mode of constituting the constitution
by analogy. Instead Of examining the ex-
pressions of the constitution itself. 70 ascertain
its meaning, we are often referred TO certain
principles borrowed from British jurists.
Thus we are often referred 70 the fundamental
principle ofthe separation of departments, sc.
Sc the independence of Judges, sc. although
neither of these terms are TO be found IN the
constitution and the principles, although
correct in themselves as general principles,
are subject in practice to material qualihcatl-
ems and limitations and this Is particularly
the case in the constitution. Ii appears to me-
as easy 70 ascertain the true meaning OF tie
words used in the constitution as the meaning
Of these or any other terms and the error IN
this mode of reasoning tnecaily arises from
the misapplicaticn Of the terms to the subJec.
in question or in other words, when reason
ing from analogy, in recollecting the resern-
blarces and overlooking the differences in
cases supposed tc be analogous. To ascer-
tain the true meaning Of the constitution,
have always had reference to is
own words, and discarded all reasoning from
its analogy to any thing else. BY referring
to the clause respecting the judicial depart
ment Just read, and taking it in connection
with the clause which declares that Congress
shal! have power 10 pass all laws which shall
be necessary and proper for carrying into ex-
ecuiion all the powers, SIC. &c. 'rcsted II q
ny department: &c 1t will appear obvious,
kat Congress might, according to the express
words Of the constitution, establish the judi
cial department., IS it has done; and from time
10 time alter or modify il a, It's discretion, Sc.
land il Congress thought proper to increase
or lessen the number OF Judges OF the Suprerne
Court or to increase or lessen the duties 10
DC performed by them, would ask, where Is
the constitutional prohibition see none
Congress can designate the duties Of The
court and the compensation OF the Judges.
They may take away the duties and Of course
also the compensa,ion-and why because
We find the service and compensation insepar.
.T,,c .,I .nc ovc made the rcrsi-