Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-15

OBJECT. 30 TIE WOlus ocpuiJ duo ''e-N
partmeat Of such contracting party" 1t
they are not to be understood SO, lam un-
able to construe them. II they are. then
let me ask what is meant by the word "ge'
neral government" Is it Congress Is
il the whole government ? II the former,
whence does he derive his authority for
saying that the judicial department is the
" deputy" of congress !? Certainly, not
from the constitution. According to that
instrument, the judicial, is aeo-ordinate
department, created at the same time. and
proceeding from the same source. with the
legislative and executive departments.
If the latter, the whole government
consists of departments Neitherof these
is the deputy oil the whole, or of the other
two. Neither can perform the duties, or
exercise the powers assigned to another;
nor can all OF them together participate in
those duties and powers. or perform Them
Jointly. Each is confined to the sphere OF
action prescribed to it by the people OF
the United States, and within that sphere.
performs its functions alone. The legls-
lature and executive can no more unite
with the judiciary in deciding a cause.
than the judiciary can unite with them in
making law, or appointing foreign mi
mister. On a Judicial question then, the
judicial department is the government. and
can alone exercise the judicial power OF
the United States.
Can Hampden have been so inattentive
to the constitution Of his country as not
to have made these observations or does
his hostility to this department lead him
TO indulge in expressions which his sober
Judgement must tell him are totally nlsap-
piled ?
But he denies that there exists in the CO.
vernment a power to decide this contro-
versy. He says" They cannot do it
unless we tread under foot the principle
which iorbids party TO decide his own
cause"
Let US temporarily examine how far
this principle applies to the case.
The government of the Union was crea-
ted by, and for, the people of the United
States II has a department in which is
vested its whole legislative power, and a
de artment in which is vested its whole
judicial power. These departments are
filled by citizens of the several states.
The propriety and power of making any
law which is proposed must be discussed
in the legislature before il is enacted. If
any person to whom the law may apply,
contests its validity. the case is brought
before the court. The power of Congress
TO pass the law is drawn into question. But
the courts of the union, Hampden says,
cannot decide this question = without
treading under foot the principle that for
bids man to decide his own cause"
What would be the condition OF the
world should thi, principle he deemed APP
pIicahle 10 the exercise OF tie judicial au-
thorty by the regular tribunals OF the coun-
try
Any in ivdual ofVirginia, for example,
chooses TO deny the validity of law, and
procee nss forts enforcement are instr
iuted. But, according TO this new doc
,rine the court Of The state is incapable OF
deciding question involving the power
of the legislature, without 'reaclns under
f,o; this sacred principe. Let the state it.
self be nulninsl party as in prosecutions
for crimes, or suits against lis dettors, anC
the violation of the sacred principle would
be still more apparent How are these
questions TO be settled without the inter-
venlion OF court? Or are they to remain
ior ever suspended f.!
Ii is ihe plain dictate OF common sense,
and the whole political system is founded
Oh the idea, that the departments of 60
vernment are the agents OF the nation,
aud will perform, within their respective
spheres, the duties assigned to them
The whole owes 10 IFS parts the peaceful
decision fevery controversy which may
arise among its members 1t is one of the
great duties of government, one OF the
great objects for which it is instituted. A.
gents for the performance ofths duty must
be furnished, or the government fails in
one Of the great ends OF lis creation.
Towbom more safely than 10 the Judges