Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-06-30

, and the greatness Of his undertakings" or
10 demonstrate bis perfect possession Of
that temperate, chastened, and well dis
cipolined mind, which is SO favorable TO the
investigation of truth, and which so we'll
FITS him who instructs the public, for tasks
in which he engages, shall endeayor to
follow him. and to notice the evidence and
the arguments with which he attempts to
justify this unqualified arrangement of all
those who have been selected for the great
duty of expounding our constitution and
our laws.
But before proceed to discuss the prin-
eiples fer which Hampden contends. !
must be permitted to bestow few mo.
ments on some other Of his preliminary
observations.
After representing the Legislative pow
er" as 'severy where extending the sphere
of its activity, and drawing all power into
its impetuous vortex" he adds, THAT
judicial power, which, according to Mon
tesqueiu, is, in some measure, next to NO.
thing. &C." &c that judiciary. which, in
Rome, according to the same writer, was
not entrusted to decide questions which
concerned the interest Of the state, in the
relation which it bears to the citizens; ana
which, in England, has only invaded the
constitution in the worst 81 times, and then
always on the side OF arbitrary power, has
also deemed its interference necessary in
our country"
do not quote this passage for the pur-
pose of noticing the hostility Of Hampden
to those American principles, which, in
con6diag 10 the courts, both Of the union
| and of the states, the power, have i'm
posed on them the duty, of preserving the
consultation as the permanent law OF The
! land, from even legislative intractions {:
! nor for the purpose Of enquiriDg why he
has thoughtit necessary 10 inform us that
" the judiciary in England has only invad-
ed the constitution in the worst Of tines,
and then always on the side OF arbitrary
power" mean only to mark the unjust
and insidious insinuation, that the court
had thrust itself into The controversy be-
tween the United States and the state Of
Maryland, and had unnecessarily volun-
teered lis services. The Judiciary" he
says, "has also deemed its interference
necessary in our country"
Ii Hampden does not know that the court
proceeded in this business, not because " it
deemed its interference necessary but
; because the question was brought regu-
Iarly before IT by those who had right to
demand, and did demand, its decision, he
would do well to Suspend bis censules I'M
til he acquires the intormatior which be-
longs to the subject; if he does know
il, leave it to himself to assign the mo-
tives for this insinuation.
With as little regard to the real state Of
the transaction, he represents the Judges
as going out Of the case, and giving OPT
Mons ON extriIsic matter. "The supreme
court of the United States" he says, "have
no, only granted this genera! power OF al
torney 10 congress, but they have gone out
OF the record to do il in the present ques-
tion: 1t was only necessary in tllst case
to decide whether or rot the bank law was
necessary and proper within the meaning
of the con,ti ution. for carrying into effect
some of the granted powers; but the court
have in effect expunged those words from
the constitution"
1t is scarcely necessary to say that this
charge OF y in effect expungmg those words
from the constitution" exists only in the
Imagination of Hampden. Ii is the crea-
ture OF his own mind. Bat let US see how
he makes good his assertion, that the court
'shas gone out ST the record. +" 'lt was ne
cessary," he admits. Ito decide whether
or not the bank law was necessary and
proper, within the meaning OF the const'-
tuition, Tor carrying into effect some OF the
granted powers" Ana, how, let me ask,
was the court to decide this question 3
Does it not plainly involve All enquiry into
the meaning Of those words as used IN the
constitution? The court is required tode-
eide whether particular act is Inhibited
by certain words in an instrument yet it
the judges examine the meaning OF the
words, they are stopped by HampdeD, and