Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-05-18
From the Philadelphia Un,oa.
Bask OFF THE UNITED STATES.
No Ill.

States abound with eVidehce aesio''sid-
ting the error of this construction. have
already stated some instances in which
this rule must be discarded; and VIII now
refer to others which were selected by the
court, the aptness of which Ampbyctiou
denies.
Twill pas. over The acts requiring an oath
of Office, because Amphyction seems hall
disposed to admit there is something IN
that particular example, and will proceed
70 some of those which he pronounces to-
tally inappiicable,
Congress possesses power ''to establish
most offices and post roads," Amphyction
saws that the right to carry the mail, and
TO punish those who rob it, are necessary
incidents TO this power. I admit it. But
who does not perceive that, in making this
assertion, he abandons his own interpreta-
ton Of the word necessary" and adopts
that of the supreme court? Let US apply
his rule 10 the case. Let us suppose bill
before congress to punish those who rob
the mail. The inquiry is, he says: does
the. constitution expressly grant the pow
or p' The answer must be in the mega
tive. There is no express power to carry
The mail. nor TO punish those who rob It,
The member is next to ask: rs thus law
one without which the power cannot be ex-
ecuied ?'' Thst is, can a post otilce ana a
post road be established, without an act oil
congress for the punishment OF those VINO
rob the mail? The plain common sense OF
every man will answer this question I'D Tue
Affirmative. These powers were divided
under the confederation. Then the con-
clusion of the member must be, this right
70 punish those who rob the mall rs a
power reserved to the states, orto The peo-
ple. and we may not use the means, nor
mass the law. Then the state Legislature
NAV pass laws to punish those who rob the
mail, but congress cannot, Post offices and
post roads may be established without such
a law, and therefore the power TO pass 1t Is
reserved to the States" Adopt the con-
s,ruction of Amphyction, and this conclu-
sion is inevitable.
Let the question be on the right OF Con-
gress to pass an act for the punishment OF
those who falsify record.
The power is to ordain and establish
inferior courts, the judges Of which shall
hold their Offices during good behaviour
and receive as compensation, salaries
which shall not be diminished during their
continuance in Office. The second sec
tionde6nes the extent Of the judicial power.
Is law to punish those who ta'sliy re-
cord, one without which a court cannot
be established. or one without which Court
cannot exercise its functions? We know
mai under the confederation congress
had the .powert to establish, and did esta-
blish certain courts, and had not the pow
or TO pass laws for the punishment OF
those who should falsify its records. IN
ouesiionahly such law is " neediu',
81 re ouisite, -" essential" conducive to-
the due administration Of justice: but no
man can saw, it is one without which courts
cannot decide causes, or without which
!, ;s physically impossible for them to
perform their functions. According TO
The rule of Amphyction then, such law
cannot be enacted by congress, but may
be enacted b: the statelsgislatmes.
It would be tedious TO go through all
the examples PIT by the supreme court
They are all of the same character, and
show, conclusivelY, that the principles
maintained 10y The counsel tor the stateoi
MARYLAND, and by Ampbyction would, es-
sen,iaIly change the constitution, render
the government of the union incompetent TO
the objects for which it was instituted
md place all its powers under the con-
trol of the state legislatures. ltwould, IN
= prea, measure, remstate the old confe'
derstion.
II cannot escape any attentive observer
that Amply ction's structures on The opinion
oftbe Supreme court, are founded on To-
tai and obvious perversion OF the PLAIN
meaning of that opinion, as we'll as on
DEMONSTRATION or the constitution. lie
occasionally substitutes words not used by
the court, and employs others, neither in
the counexien, nor in the sense, in winch
they'are employed by the court. so as to